Newspapers / Albemarle Sentinel (Edenton, N.C.) / Nov. 2, 1839, edition 1 / Page 1
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V Vol. I. E D E N T 0 N,! (11 C) STUKP A Y N O V E M B E R 2, 1839. No. 12. PUBLISHED WEEKLY-'BY TAYLOR AND BROWN TERMS .! or 3 if "toot paid i$2 oJ per annum, payable in advance ; . wunin six monins. j , . , . i t Adverfisementi inserted at the rate of 1 for the first three ' ' i- 1 t- . . l rr . e i 'A ; ire uiies, jma cenis lor every buujscucuv itiors of tlxe law? :i And ; is'l joot reasonable that the same view of the offiQiaIoathhouldbe taken by a le gislator, acting uwier flic .doristitution which is his guiae, as i; taken, by a Judgcv acting under the law, insertions of twe! .insertion. which is his). a .necessity of regarding a course of practice, as a- bove characterised, in the liglU, of a legal rule of in terpreting a lannd there is a like necessityof con- insertion. v . ' -? U T-M?--v ' ' ,1 , ;v K'u;V . Fwi the Tuscaloosa Intellisencer., BiW'm VT-;: MR.VlApisON A NB ACTION Atfte rujptoterpreting con. k?f $ I put myseit:io! the trouble ;ThatiUiere "rny .bo extraordinary and'peculiar " ' "r ;5 pjabiicat'i on in yfou.lpaper, Mr. ; Madison's letter on the; circumstances controlling thevrule in both.cascs, may t: . ccKs'titutiondlity ot' a National Bank. ; It will be seen be admitted; but with suchf exceptions, the rule tiiat, taat;grcatj. and good man, "the father of the Con- force itselfon thepractical ju'Jiment of themast ai . stitution, tne lieaq aiia the organ ot tne iJfia xlepuD I lican Party, and the author of tiie Celebrated: Virginia m Vie tranquillity, ot his philosophic retirement, lap construction reduced to practice, during a reasonable respeclallV where n6 prospect ex cojistnition hv. t.he'nublic or its 1 . ..!' i Z J n i T F 7-T' J 1 I J ; respecttuUY commend me luttei") nrrfinta ! .A if nmMZ r&A t mnrlrrH will practical judgment of the most arpent theorist He will find it:imp3ssib,Ie ''to adhdre to, and act officially upon,, his solitary opinions 'as to the meaning i of the law o"r"doh4itution, in opposition to a trorri t.ie raiicoroijs atei v affii-med the a Natiuiial to the caiidiLl coibideration of all oid-tashipned Rej publicans, aiid especially to the exclusive i)emoJ crats" ot thy present day. I hope tliey.will not ven ture to denounce ithe illustrious Madison, (of whom it may besaid, 'witfcpnot more beauty thin truth,1 that he was ' wiser than Gato and purer than Aristldes,") as .a-Federal. B.iiik Aristocrat ai;d an 'impudent jxlitica 'quack!" I will just add that Sir..; Clay fuliy concurs with : Mr. Madison: ' . ; ' ' - ! - ' I "Mo'.NTFELIER, JtJNE 25 1831. , "Dear Sir: J have received your friendly letter of -of successive legislative bodies through a period thq 18di inst.U jThe lew';lmes winch answired iyour years,, apd under the varied ascendancy of parties'; 4!rm.r ft -ni' tH sit f Ti .1 . i iinrvr7 In fttj5wTr- written A J li i j a : A hi 1 t in haste and in! bad heaitii; but they expressed, though with the usual sanctions, would noi bar the individual prerogative, there could, be'nb limitation to its exer cise, although the danger of jrror must increase with the increasing oblivion of exftlanatorv- circumstances, and with the continued changes in the import of words and phrases. ; -' V - tir ' Let it then be left , to tuQdecision of evcrv intelli gent and candid JudgeV which,' on the whole, is most to be relied on for the truoand safe construction of the constitution, that whicji Eas the. uniform sanction of or Jhat oh which depends the; pinions of every new Le- itliout attention ssion$ a dissent a Bank of .the to which I in some resDt cts duie to the occai from the views of ' the' President as ; to United States, and a substitute for it: cunnOt but adhere. (Mr. Madison here alludes to Geh. Jackson's .'Government Bunk.V The bbjections :to- jtiiei latter have-appeared to me to prel ponderate "igrejattty ov;r the advantages expected lrohi it, and tlfe: cUistitutionaiity of the fjrmrj I still rej gtird as sustained by the conside ratio As to; which 1 yielded, ingivihg my assent to te existing, Bai.k. j " The charge oi: iiic jiisiteLcy between myj Dbjectiol; my iiy assent in J8 17V turiis oh theo.uestionhpw tar le- carried i gisiature, heated as it may t .by thef spirit of party eager in the pursuit of sojie. favorite object, or led away oy the eloquence anaTiaaress 01 popular states men, themselves, perhaps, jjhnder the influence ot the same misleading causes : fU ! ' r "Itl vvas in conformity tathe ; view here. taken, of le respect due to deliberate and reiterated prece dents, that the Bank off the'Uhited Stitts, though 01 the 'original question held; to be unconstitutional, .ceiyed the Executive, signature in, the year 1817 i x lie uci, uiiiini iiiy csLuuiisniiii; u jjj.hu. iiau uuuci- CtlOh rrrnTiw nmnlp it5r,iia?rn'it incit. nnaan"CPf thrnnah thf tlie Bank Question, and is not the question settled? There is infinitely more? authority for the Bank than for the internal ! improvement power. The Supreme Court of the United States, the final arbiter of con- repeatedly sanctioned the decided upon the constitu tionality pf internal improvements; and Congress has affirmed the Bank power from the establishment of the government down to this day, and the people have acquiesced. j j ; stitutiona Bank; w ons, has lile it has nevei Rl THE OLD CHURCH AT QUINCY, MASS. .The 200th anniversary v of the gathering of this Church .was celebrated a lew days since, and appears to have been an occasion of great interest, though, as il leiiuii j-ue ouuLKini, i;;w ueieiiiuinea were uuserveu. A discourse was delivered I by the Rev. Mr. Lunt, ju nior pastor of the Society, a hymn furnished by the Horn J. Q. Adams, one of the members, &c. The exercises were, I in fact, oh the simple plan of those observed I one century! before, when the Rev. John t 4 tr5 of unfading and tunivinff beauty; THE WITHERED FLOWER. .;.:.. j- - - - , A lady, robed in white, Sat in her lonely bower; A form of life and'lijrht . Wept o'er a wither'd flower. "This rose,'j she paid, "at morn, Awoke in Nature's bloom; . But now, of beauty -shorn, ' My bosom is its tomb. ' . : 4 ' : r- ' " So Nature's fairest fadn. The fiow'rets of a day; Youth, in Jife's bloom array' d, , And beauty pass away. The flow'rs of hope and lovo Leave Nature's changing scene, .Methinks to bloom above. In vales for ever green. A sae o'crheard her sighs . 44 Fair moralist," he said, 44 There's hope in yonder skip, . There's bliss above the dead, '. There's love's etetnal bower, . In regions bright and fair, : Virtue's an immortal flower, Arid blooms forever there. heaven-born tif- sten Gen! Jackson's Alessage, vetoing 'the-Maysville We observe that he seconjd5 centennial celebration Road bill; in which he expressly admits that the right of the topi of. Qui nqy j occurs in May next. It was of Congress to appropriate money, to aid in the con- j common in the first settlements for the Church to be siruction pf national works, is "warranted by the co-. gatherecllbefore; the civil ysterrLwas matured. t mporaneous and continued exposition of the consti. ,,v ; , - i ' ". .J' 111." . ( In discussing the subject, he"yhold the fol- The following Jinci; whWh" we. Uke from an exchange pa- lowing emphatic: language; "Although: s it is the duty pari although they s how j h6w fleeting and subject to tha of all to look to that sacred instrument, (the; Constitu- withering breath of time' are ' earihW thinirs. etfll thev Boint lion) instead ot the statute book, and to repudiate, at out as a reward of lasting solace, sweet and heavei too apt to oe etiected- py tne conjuncture 01 peculiar and facilitating 1pircumstanc0, it is not less trute that the public; good, and the nature of our political institu tions require, that individual dirferendes" should yield to a icell settled acquiescence of the people and confed. erate authorities, in particular ''-constructions'-' of the constitution, or doubtful, points. Not to concede, this much to the spirit of our institutions, would impair their stability, and defeat the objects of tlie Constitu tmi itself" Apply this excellent doctrine, (none the worse because the (jenerarhimselt.disregarded it,) to , 1 -j l.i FROM CHATEAUBRIAND. '"v William Pitt, -Pitt, tall and slender, ted an air at once melancholy and sarcastic. His f delivery; was cold, his intonation monotonous, his action scarcely perceptible; at the same time the lucidness and fluency of his thoughts, the logic of-his arguments, suddenly7 irradiated with ; flashes of eloquence, rendered Ihj luiio;., was the sole pastorlofthis venerable Church. 1 TM.isj rroiitlomqnl'c minitrxr lyicitofl f rnm 1 T9K ir 1 "7Af I JL 111 . LViAlllIlUlli 7 U111IIOM V fcVV A ' A V W A A. W talents something above the ordinary line. I-rfrequently saw j Pitt walking across St. Jame'a Park, from his own house to me palace. Oh ' hia part,1 George theThird arrived from Windsor; after fj :1 f: .carried into execution tnrou?; rrsmor out?ht to cruidu succetdiiiii Leeislatures, and rule ludiyjduai opinions. a period of twenty - gislative: ; precedents, expoundiilg,;the; uohstitution, . yearsiwith the annual legislative recpgnition lO jOVof- 1 indnnpp. mriorl trim n- rtifiTJiti v rnmihpntinn into a new State; and with ' tlie entire acquiescence . "Some obscurity has :been thrown overithe tion, by conlJuadnig it with the respect due from one Legislature, toj - jaws passed by- preceding Legislatures. But the two cases are essentially Sdiff-rent. A con stitution bein derived from a superior authority is to be expounded) and obeyed, not controlled orivaried by the subordinate authority of a Legislature A law, on the 'other hand, renting on no hiffnerauthbritv thdn that possessed by every successive Legislature, its expediency oi.Lie.lttter a$ well 'as its meaning is within the ques. j ai the local authorities, " as well as of the nation at larue; to all which may be dded, a! decreasing pros- pect of any change in thef public opinion adverse to the constitutionality of suci an institution. A veto from the Executive under ;hese. circumstances, with an admission of the expediqney and almost necessity of the' measure, would havt , been a defiance of all the obligations derived; frorliia course of precedents evidence 01 tne national i . - fY"" .vr"- , .'," ununiiig oeer out. 01 a pewter pot wiin me iarmers ot j 3.. 1 v Many circumstances correspond to give interest to Gf his habitation in a 'em chariot, follower! few. 2 4 h ' TT 4 this4 r.Hmmftmorfttioh.- i. Mount. Wallastoh. as- Ouincv I .i,! i ,a: ' Lp t- r ; 4. - ' r ' - Innnt. , ,7 7 , t , i , , 7l J I " uuisc-guaiua. n.ms was uie inasier 01 xne ' ! , of it I ""Yf t"--"-- v . ' I ivmgs 01 rurope, as nve or six mercnants 01 tne city - i r s , vwV ..v..w y. x i are uie j masters oiiuuia. nu, ;aresseo in DiacK, - r4" " i rrY j T v wim a sieei-niuea swora oy nis side, and nisnatun. - - c : settlement in tne Massachusetts ooionv tjreai names i scope requisi!t amounting to the 4- A irt4nn4i . juumeiii aiiu liiieiiuuns. "It has been contended trat the authority ot prece dents was, in that case, invalidated by the considera tijn, that they proved only respect for the stipula ted duration ot the Bank,fth a toleration of it until the law should expire, andby the Vice-President in 1911,fagainst a bill for establishing a National Bai.k, trio atjiVij -kjirrr o vr tt xr tirArf.i rr trio rrrr"iinrl rV tin due discussion and cbnsidcration, and dehberatejiy . constitutionality. But if tli law itself was unconsti sanctioned N reviews ad Repetitions, regarded as 01 tuti0nai; the stipulation was. 'void, and . could not be "Tne caisc in question has its true analogy in the ebli ation arising trom judicial expositions ,bt the law oh succeeding Judges; the Constitution beiiig.a 'Jaw Sto the legislator, -as ; tne law is a rule oi decision: to t Judge.-' -. '. . 1 ' .; s J "A .d why are judiciaj precedents, When formed pi le too are conne-cted with this humble institution.' We are told by the Bostoh Register that amoiig the early baptismal records of the century now closed, is (writ ten the name of .1' . I'l l S "John, son of John Adams," ! : a. name which- pas been since deeper written in the historv of our ndtion and id the hearts, of men. - The Church counts ljim' among (icr sons his father waited at her table; and he was at his death her oldest mem ber. Rarely wjas he" absent from the services of the Sabbath, 'and hd now hes beneath the. stone Temple which his munificence endowed, and which but.lately has risen, a connecting link between, the centuries which have gonp and the! future. Inscribed on? the same records, and from the pen of the same pastor, is the name ot settling the ed: first, b axionV, ih.xt of co ad act nd binding innuence, or rlllier of authoritative force, u meaning of the law.' It r '! . ' - . . , ......... ecause it is a reasonaoie and estaDiisneo the irood of society requires that the rules Of its members should be certain a known, which would not be the case il any Judge, dis " regarding the decisions of his predecessors, should .vary die rule of law according to his individual inter pretation ot it. Miscra est servitus vagum aut incognitum. Second,? because kin exposi tion of the law publicly made, and repeatedly confirm constitutionally fujfilldd or t6leratedi And as to the "John Hancock, my son," Again, it appears that from this ancient Church, in July, 17G7, John Quincy Adams , received the sign of der his 'arm, ascended; takins two or three stens at I a time!. -In his passage he only met with three or four emigrants who had 'nothing to do; casting. on us a disdainful look,, he turned up his nose and his pale lace, and passed on. L j -. .- At home, this great financier kept.no sort of order; 'he Jiad no regular hours for his -meals, or for sleep.T uver neaa and ears in ceDt, ne paid noDOdy,-atid v never cjould- take the trouble to cast up a bill. : A ' valet-de-chamhre managed his house-' 111 dressed, witnoui, pleasure, witnout passion, greedy ot power, . he despised honors, and would not be any tiling more -than Willidrh Pitt. : .;. . ' Ip the month of June, 1822, Lord Liverpool took me, to dine at his country-house. As we crossed Putney-Heath, he 'showed me, the small house where the son of Lord Chatham the statesman who had Europe in his pay, and distributed . with his own hand.all the treasures of the world, died in poverty. '-' . 4.-.. i-xi- o " i L;ili ii..L r.i I " ' negauye oi me oenaiew casting ote ui uie pie. baptism 'ind on the list of her communicants his name aiuuijg onicui, 11 is ii' iaer,u en uiiuciaiuuu at me ioon, t time, that it resulted, not Iranian equality ot opinions in that assembly on the pover of Congress to estab lish a Bank, but from a jimcyion of those who admitted the power, but disapprovedjtie plan, swith those who denied the power. Onja simple Question oi constitu- UOZ '1US est aut I ti.-nnl.tr tVioro'wnt n fcnA, irl. 'rvwinritv ?ri ihvrr nf it , ' i i; v-AMES MAUlSUiN.:' Mb. TxriKT?snT.T. ' 5 ! ed by the qoijstitutcd authority, carries with it, by tuir i another letter to the same gentleman, of about inference, the sanction ol those, who, having made the the same date, Mr. Madison says, "A virtual, and it law tnroufrn mir lecisiaxive orsan, appear unaer sucn 'circumstiince to iave determined its moaning through their judiciary oVgan. ,,r '4 i r i f - J.1.-J. 4.U ; J vviii li Dp of less consequence uiai uije meaning of a. constitution should be fixed and knowr, than, that the meaning j of I a lawlshoutd be so? Ca:n indeed! a law be fixed flints' meaning and operation,' unless the .... i .1 . i . ' 4 . . i i . . i constitution De sof ua tne contrary, n a; particular Legislature, 'Hide-ring in the construction of the con stitution, trom a series ot preceding constructiqhs, iscnrolleq. Thus has this little Society, founded in feebleness, nurtured in its bosom two of the Presidents of the Urlion, and the President of that glorious body It is a common 'error to suppose, that the solvency of ja bank depends on the amount of specie in its h vaults,! but such a test, can -no more apply to' a bank:; . man an maiviauai. ine iarmer nas nis lands ana is hoped, an adequate remrlcly (against a depreciated currency) may hereafter -jbe found in the refusal of i4.i.. L..- , 1 JU. I r 4l A' J 1 4. t OLate paper wiieu ueoaseu,oii any oi uie leueruMrau- Rn,m, nA rhor r Tt u,r- tKo'firct lb sactions, ,and the crol of federal Bank. printed iri Amrica,i and used by the early! Church. Such is Mr. Madison sfuisanswerable areument an hu ' . . ii4. X . . I : - . . -,.n t- x- ii. i xne usuuii ai me ciuse ui uie ttiicruuou .civiec yos. infthpi tn vrr rtt. thf-;r.ntitiitirinniitr'f .1 n rSitinnnl K iiiL'r. n I l. ' , - I, ,i . . , 1 " UKi y. .."" ...-... . . - - .4.. -4. tnr. tho nnpmnt mnnnor inc. hv mp. s tprnntf v rrnii I ' proceed to act oh that ditference,, they not Only intro duce uncertainty .an,d instability; in the constitution, by three successive Administrations; by some fifteen but in tlie laws themselves; inasmuch as alj laws pre- nrWr.no- 'rlr.kmwVs'nf ttl hiu st StatP.'fViirts? W i ceding?' the new i construction are inconsistent "With it, are not only annulled for the future, but virtually pro nounced nuhpes from the beginning. . J "6ut it is said that the legislator having sworn support the constitution, . must support it ' in his own construction ;of it, however different from that put on it bv his predecessors, or whatever be the consequen ces ot the construction. And is not the same path to: support the law? been supposed that he was required, or at liberty to disregard all precedents, however solemnly repeated and .regularly observed; and by giving effect to his own abstract and individual opinions, to disturb the to three, solemn and unanimdjia' adjudications, after ela. borate argument, by that aifjgu'st tribunal, the Supreme Court of the United r States the ; final xarbiler of all t ! . 1 'n".J..i . i - constitutional qucsiions,jmp. oy tne continuea acquies cence 'of a vast majority: of J-the American people. . ! have not a shadow ot doubt that, at this very moment, a large majonty ot theAmencan people, notwith standing the senseless slang about Bank Aristocracy irresponsible money powers "&c. &c. are warrrUy in favor of a well-organized and carefully guarded Na tional Bank. Is not .the copstithtional question, then, forever closed, upon the JipqUestionable principles of Mr. Madison s letter? andrthe expediency, not to say established ; course of practice .in the busihesspf the the absolute necessity of aBank, and the falsity of the i community? Has the wisest ard most conscientious cant objections so loudly;pQciferated against it, abun " Judge, ever scrupled to, acquiesce in decisions iri daritly demonstrated by jf jte whole jhistory of our go- which issued thh Declaration of American Independ- ni,mis. th tnwnsim-nn h.-. bi . hnn" nnd Int A ence. To these names may be added that of Quincy yet nejther mav have a hundred dollars in specie. also, hardly less distinguished. Edmund, the pro- Mbney i3 profitable "only when invested, and few peo: genitor of all that race, was one of the earliest mem- pie to" haVe idle money; about them when it can bers and founders of this Church. be, made useful. A . bank then, like an individual, Those of our readers familiar with the. accustomed may have lieris on the "safest, and most valuable pro- observances of our New England brethren on these perty in the State, and yet have very little specie. . w.ww, ..... ii.vi'",.v' v 4.-4 ...v.. v "jiiis not necessary to ine -saiexy oi a uanK mat she were sung from the collection published at Cambridge should! have, any specie at all; and the laws formed to ' in iou, py messrs. vve u anu .11101, nnuisiers 01 banks to keep a certain portion of .srwvi . 1 I- . . tr . r . v : 4 ! -1 , . II 4. . operate mainiy in Keeping specie perpetually, floating between one country and another, and different parts same country, ; 1 he. great object of specie is ; pav balancesand, like cotton and tobacco, it will . find its level of itself. Laws and combinations may embarrass trade, and keep up for awhile a fictitious state bf things, but the common level will be found at last. -Norfolk Beacon. ' ' - . , ! - . . ' " t.-j-y, -- An Incident at the Receptwn.-r-Vhezi Mr. Van Buren alighted on Monday at Sanderson's 'Hotel, the . crow, clamorous to see him, ' insisted upon entering tHe apartment prepared for him. h In the midst.of the : tumult, the voice of the host was teatVdj addressing . them' to the effect, "That they professed to be the . friends of Mr. Van Buren; that that gentleman was then laboring under" great fatigue and exhaustion, hav. " and that if, under such circumstances' they still per., sisteel in seeing him, they, could not be regarded 1 na his friends.. The crowd cheered the: orator, and carried hirh on the shoulders of some of them into the ' street, where, sorrowful", to relate, one cif the UghW fingered gentry relieved the host of his pocket-book which fortunately, however contained no rnony- Vhila North American. , ; i ' ?. W ,1. ..4. l x..iiv!J 31 . ' .u arguinenwmcii is leuioiu wager mm uum 11 was 111 . i,y the minister and choir. 10 w.-r aince mat time, tn:mnKnas ocen sanction. The lowin isthehymn, written for the occasion ed by Congress for twentyiyears (we all know that it u,r urt TV Ati '.j was recliartered in 1832 byrjecideu majorities in both r' l i ' ! Houses of Congress, and wjpfs vetoed by the President,) THE HOUR GLASS. which he hn.i heen overruled bv the matured opinions vernment ? of the majority of . his colleagues; and subsequently 10 coniorm nimseu mereio, as ia auuioniauye exposi ililDISONIAli kEPUBLICAI. -f . Note, Since the foregoing was written, r have Alas! iow swift the moments fly! 1 iiow nasn tne veart? alonsr: Scarde here, yet gone alrtady by; i 1 he burden ot a sons:. ! See chUdhdod, youth, and manhood pass, And age with furrdwed brow; I Time Swas-r-Time tfraU be drain the gl liut where m lane Is now? : ! f r- ; Time lis thl measure but of changet" i o i present nour is iouna. The past, the future, fill the range O f Timers unceasing round. Where thejb is now? In realms above, With God's atoning Lamb, j In regions bf eternal love, j , Where aits enthroned I AM. Then Pilgrim, let. thy joys and tears , On! Time no longer lean; But henceforth all uSy hopes and fears From earth's affections wean. To God lei votive accents rise; With trpth, with virtue live; So ah the Iblis that Time denies, Eternit shall give. ' Z 4.' -' - r;f .ii f . ;4i Clean a brass kettle before using it for -cX)kingr wim sail and vinegar, : . it u 1 1 .1 i S- "kl J 8 V i f. : A 'V-:-i' -1 I i,
Albemarle Sentinel (Edenton, N.C.)
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Nov. 2, 1839, edition 1
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