ft "tested br iht uomUaoa tad degrad trr-. inuiuwn. ... .1 l as paraon cm me u w wr tag ia a lew suftstcuent allusions w . i. . ---.:,.. -UK tSa a a. II ue of Kepreaenttuvee 1 could not. r I ditp-Med to. be iraortnl of ibt . urn-fit istiniMUOti from laawraoi irr i Bomerou irr- ?po .,iW Marr. u, injur. poUur.Mj I Vnplft M m . . LI ,- a ,reB in 1808. to a.d t bnng.og Simon onjuer mw wi uncumii t..;. hair. To rainy of yon it it known, and a ill prore. lhal ILL.. ireurrenr e to past eenu I hae enjoyed a reastniable, prrbap ooia bate complain!, an undue hare f the eoufideneTof emy demoeratie ad ninistratioo from that to the present an Mvwaa AAiinnllAII . ; ' . difTereure ofop.ni.,... toAa import and me, ninj of the Confutation, liar, ing tbui passed on. without known or infenuonal delation, for a term of nearly th.rtr year., now. if nothing but i-nmoli tiun'will appeal, my enem.e.. let the Mm -nm. I .m nrmaroil fir the w.it. mn.i n1v rrvret that I can ooint to - mmy name, of higher ment. who . bne muen aoooer .uuk under the baneful effect of this fy.teniatiied ostracism. The puhlie reeorda. a. cued ahote. : h . rirU. thai. irinir under official os h iwentyone rear. ago. I ueciarea tpsi-ni the doctrine of eipurgaiion. I iiii!t now be content with the opinion of the House a. to my .inceri'.r. when 1 dec'jr that eerr consideration which I h been able to Heatow n the ubjeet aiiice. ha. confirmed nie atrnngt-r in the eorreeineaa of that opinion. U dr these Cir iinstai-ee. I as me iiouseoi nrpre- t ... mm aault at. aa A a m0 alilfa Ail is a Sena lime. I hare Irequently. from a aenae of certain numorr o, ' " nrMumi- ,h,t he will be et eat t.n bun. and th.a who toted wiui duy. d.ffered fnl my pnliM fnend. to the Uffiw P." "1 ,5 Jned CTfTiliSlI- ! him. oo a hntr oeea... f. lU ol in power, a, to party measure,, without And when the ofScer e,,ed r,ji to nfl need ; VuCch,. t,H; and t ak. if the once thinks that thereby I w incur. to Jlli IS f 11. ! f - .K " tor' I anawer for myaelf. If my health question of law. to the decision of which Aho in the ca- of Black tt of. Ray M jiermiued. I would hae been taken by the Judge, exception mat be ukt-n a. et of. in E quity, from MHire; bill dtsmts to 'e Senate Chamber 00 the night of other case. and the whole matter . aed. should then be distinctly act lorih on the j ANo in tha f a.e of the Attorney Oe oAVre.l mv oronosition. rerer.ine the 1 resolution of the 28 h of March. 1834; nd if thi. had been rejected, I would ' then, a. one of the mo.t imperative and . eo'iseientione dutiei ol my inc. nave rot ed against the tipuuging resolution, ! freelv awarding to others, who hare t thought and aetel ditterentiy, wnat 1 , cluifn for myself, v'12. honeaiy of purpose. 1 1 iVrlare to rou. ntlemen of the House I the House I d not rota ring, in ray ; a flagrant of Representative, that 1 could fur that resolution, without having ntn estimation, committed infracnon of the constitution of my coun- try a clear violation ol the oath 1 had lak- o to nupport it, and must stand, ever af:"r. before Goo and my own conscience, aiiLTVol deliberate moral perji'rv SAMUEL McKEAN. S8hing1on Frh 10 I8S7 From th Raleigh Krister. SUPREME COURT. In the case "f ihe State r Benton. de fi led at the present ter.n of the Supreme Court, question, relating to the mode of drawing Jurie. the time and manner of making challent's.. and the nature and withrienev of the ground of challenge, were discussed at the bar and determined by tne Court. And as the matters ao de termmea are 01 immediate innuence upon the practice in the Superior Courts, and in -1. 1 . r l l : .: . a. o vne reg-nar course m pumicaiion me n,c j port of ihe case will not reach th- Profea- ' ion before the close of the Spring Cir cmt. it 1. thought that a sketch of the points .0 determined, in anticipation of the full Report, will he acceptable alike to the Judge, and the Bar nf the Superior Court.. A brief .ummary of these point, has. d-der 'his impres.ion, been prepared by a gentleman of the Bar, irom tne very elaborate, clear and learned opinion of the Court, as delivered by Mr. Justice Gh! n, and we no present It to the public STATE v BENTON. Abstract of the paint ruled in this Case. 1. It is not error, for a Judge in a ca pital ce to direct the Jurors of the ori giiirl panel (mure than twelve being in alimi mce) 10 be first drawn and tender- I ed to the prisoner, although the prisoner ! deu- tiided that the names of the talesmen ahouid tie put into the box and drawn wi.) those of the original panel. For, a!:h nigh the latter proceeding laight not be eironenu.. the former ia mot regular and in best accordance with the statutory reirnla'.ious 011 the subject of Juries. And the tnie mode of pnceeding should be adipted. as well where a special venire ha 'm en awarded under thect of 1830, at -there ta s Jurors r summoned de cir-"inttuutibut. 'I Whe.11 a Juror is directed by the Jin riiey i(,fciieral to stand aside until the pi A, is gone through, it is a challenge iiu eau!e then taken, but of which the cause i inu to be dec.md until, by the whofe notnber of Jnrors being disposed , -..!.-:i-2rs: lh Juror, are M at run um cnae in iuuiii - n . t :..: r.7VT 'S7L ... --.i Ji .no iiJff tales Jurors except lor Juror w , aB am Bill bps-" crv ta mm mmm aa mm m onrioat pane,. . .. . - i i r,.. a MtiRii P iiiira. a . - . . a I t j L lurl . i wimawitr. -; - - m wrnaanrr. w V" ' T 1 " " " .jjcu. " 7 U.t h? f . C.n,rl .lull .re ,h., an S W BWIIII 1 1 1 IIIB 1IIC ST & U Ul W rn w ol W. ";-". , -' ; - . . . ; ronsauiieri. rcauire nira to derUr me i cause ufehallrnee .1 an earJirr prmJ.- When let. th 15 of iIm ori2inal panel i a.u.ndanee. they ahmiM be added j to the We$ and irm one Pw. , rijbt ao u rt aaidt a Jur exwt now. m it did belore the net of ipijriiig a . Iah.m tliA aima Itinir nrmn!oriiV. Of n mav. tf h. please.. wre h. ch-llenge. and in that case the Juror may be ten- dered to the planner. 3. The d.sallowtnee o a Irpl th lenge. whereby the party ta complied to accept as a Juror one whom he had a tl2ht tO WICTU If Crfrtr in U. Will II T. , tite. the nrdiru and i. t be corrected j not hy a new trial, but properly by a re nlre de ntto. Therefore a challinse houM be diatinetly ukt-n in order that the oppoaiie party may eitlicf deny ike truth .f the matter allege d. or amid it by counierpiei oi new m-iut-r, ur urmui v ita aiifTicirnrv in law. Whrre an iwue of fiet 4ri", aa in ihe two first casia, it Daniel, J. delirered the opinion of the i. to be tried, either by triers avoiding j Court in the eaeol Blue r Patterson, in to the ancient usage, or (which i the j Kquity, from Moore; decrea for Flam best and most conrenienl mode) by the 4 aitf. 4 Court, by the assent of the parlie. ac i Giston. J. delivered the pinion of the eordme to our oracuce and hcn the Court in the case of Overman ('lemons. jli. nuic. u. ......... - - , "". the autlieiency t me ruatienge 1 a , record. Where howrier nothing ap- , Prs but a ehalli-nge taken for a certain cause and orerruled by the Court. 11 will be intended that the cause of challenge w auwmru r rru, u ... - cy only passea on t the jiiuge. uutit ihe fact be put in i.sue. its determination. y intra or mn vm . u- i clumve and cannot be rceiainined. 4, The practice which ha. obtained in 4. The practice which ha. obtained in thin State of putting to Jurnra (before and without any challenge taker) what is call ed "the preliminary queation." irreguUr and unwarranted by law. It i true the j Judge, if he have reason to think there are improper person, on the list t ju rors. may, if he pleases, proceed to purge the panel before drawing and tender ing the Jurors; or a Juror may ask to be excused on account of hi. .late of mind, as well as other grounds, and the Judge may consider the application and, in his discretion, discharge the Juror; or if the parties choose, they ma submit to tniiff- ,n pxamine into ihe indirTeren- the Judge to examine into the indihVren- cy 0f ,he juror, fr ,,em ,n j ,he Judge ,f ltnjt p.,,-. exerciae this fonrtlon, 8J j mher case may. in or ,jrr lo eX(.rcj8e u wnn effort, 'examine Jrrs n 0ath; but in the last case, ,,ere ,hould be an expre.s waiver by the parUra, ol all neht to challenge except perempionly Except in these instan- ;cpf ,ucn prejminarv examination, are 1 " .... . ,mproper for until a Juror i? challenged an(j l))e cause nf challenge a!lceed. there is nothing before the Court to which any examination is pertinent. The party should first declare hi. challence and its cause if the fact alleged 1. denied, then, and not till then, arises a case for exaroi nation of the Juror or any other person, 5. A Juror to be competent must stand indifferent as he stands unsworn," an(j i(lerefore, one who has made up and dedad hi, opinion touching the matter , he tried, is not a competent Juror. -pi.,, ni-eiiidication of the matter consti I . - .... : I - ..e .. t iuicx a priui-ipai tauw ui viiiiiinic, mi irie ia.v, upon me n aut.ii (nrjuuita. cation appearing, de let mines that the Ja- ror 1. under such a bias as does not leave his mind free to act upon the evi dence; aod therefore the fact being pror ed or admitted, noitnng 1. tell to discre tion. but tueJudc must declare the Juror unn.iiiiit n-ni at a conclusion 01 law. . 1 t 1 Bat 110 one can object to the Juror, on account of such bias, but the party against whom the bias operate.;, and therefore when a Juror is chnllenged by one accused of a crime on the ground that he has formed and expressed an opin ion, it must appear, in order lo sustain the challenge, that the opmiou so formed and expressed was an opinion that the ecu- ed was guilty. To constitute ground of principal challenge, there must be a set- tied opinion a case where the mind of the Jurur is made up on the question to be tried. Hypothetical opinions -im- pressi.ms not amounting to this state of romd-du not support a principal chal- lenge. They lead to mspicion of bias, " " &vtttzzz "X mm. u sa infer jrud.rf. " - i. I'if HiirrtiM IDU Kta each cm. 6. Alarm the cause of challenge al ! riM u pit v w"' . . . . .naitrri ,1,. ..iirr : i.itaui ntnii lublllltm - . - Hi to i - - . .uAianm ,c. 1 .B4 PDinioB thtut e- TJ of . U ..W. ra of STli 3Sf . - ; - u M . ca. trl not 4lclr by ihe et idenre offrr. td on ..; tnaU TherdWe b ,mho h f und tle lime waiter Pru. or between the ii f atic ita nvr same partier in amnhrr auit. or in another Uial N!rrn the P4r.iea io the same anil, iadiualifi. ' ed! L U oueht not to be inll-enred j Albert G. 1" ty. . been aJuiiutd to County Cot-rt s,i..n-. e.nin The t ourt re on I entne. afier an ardu .t.. !" piniou. were del.rrred during the la.t wrm. II 11 Tn. C. J. deliteted the opinion of , .u.. . . : .... .J l. k .n..n J ..i r,.r'.....tu.rU..1t:ft-er.ini1e the Judgment below and rrnderii'gjudg. ment fur the plaintiff ( Also in the case of Deu on demise of Skinner r Mmire. from Chowan; rerer 1 lr" V. "-".-I . 1 in the luoement below. - , mem oeiow. neral t Stale Bank, in Equity, from Wake; decree for Plaintiff. KEGULl GEXEKALIS. km h t,,ir,l on the f.wmet trial: f unJfrlHKi w trier ir .r . Wherea. appeal, are freqiendy brought my redeei-..oc imposes on u.e an obli to this Court upon transcript, in hich ' U'""" 1 checrfiilly fulfil, to accompany to a.tne Court upon transcripts ihf pi,aJinga r not set forth otherwise lh b. ki.rar. ot memorandum Wereof; and whereat the Act ol Assem b)v ;ni, C'ourt require, of the Jude. to inspect the whole record and Judge, to inspect the whole record and to render thereon the proper judgment of the law; it is d. dared that, henceforth, no final judgment shall be here entered jn any cause, until the ileclatation and other pleading! be fully made and enter ed of record Gongrria. la Siatta tirsdty, Va'cH t FORTIFICATIONS AND SURPLUS REVENUE. A meaaaire haviinr been received from the House of Representatives disagreeing to the amendment of the Senate in sink ing out the 2d section of the lortification hill, providing for the distribution of the surplus revenue among the atates, Mr. WRIGHT moved that the Senate do insist upon its amendment. Mr. CALHOUN expressed hi. hope that the Senate Would recede, and not . - .a 0 renist an expression ol the will 01 tne Representatives of the people given by so decided a majority a. was said to have voted in the other house, Mr. CLAY .aid it wa. at least in nr der In indulge in suppositions as to what had passed elsewhere; and supposing the land bill to have been rejected in the oth rr House, (a fact he rejoiced to hear.) could any Senator doubt that there would remain a large .nrplu. in the Trea.ury, especially if other measures which had pasaed the Senate, and which contem- nlated lanr-! einendiiurea. should follow I . . - -- .... r..- - r .t.. I...J till me mic 01 uie ianu uui; He urged the propriety of submitting to an expression of the popular will, so j ness. of a people who never yat deserted distinctly manifested a. it had now been, j a public servant honestly laboring in their Was it not wisdom to look ahead! to . cause; and above all. did 1 not permit provide for the future? If a surplus a. myself humbly to hope for the au.taining cumulated, wa. it not better to return it 1 .upport of an ever watchful and benefi to the people of the several states than to ' rent Providence. lae it in the hands of the deposite j To the confidence and consolation dc banks! Aa lo what had lately been said j rived from these sources, it would be un. by the Senator from Pennsylvania (Mr. Buchanan) in regard to hi. favor for a land bill he had formerly had the honor to introduce, and the favorable prospect, of that bill, Mr. C. had not seen any in dica'.ior s in the course of the Senate which would encourage much hope for that measure, (though Mr. C. did not finally relinquish hope in regard to it;) but although he should infinitely prefer such a disposition of the surplus revenue as the bill proposed, he would accept, aa an alternative measure, the distribution clause in r d by the other House in the fortification bill, rather than leave the j money in the deposite banks. Mr. C. 1 1 iK.i ths roontrr ihar:ls I fcrs PW a", 7r,Ui, A. -j?-rtL'araar aiirnms irtrei . - - . -j Iw- n. unre. and they insisted ,wrB . t". ' u ih. Hut m were wiw u t - . - wa before ibrm. rtprtl ib otf they fcd eir? H trufd n-t. He pu w the njnrf. who h!J ibe r of ihie bodv. beihrr iy ond not jrieU to Ihf ibM ol ihe ppopir; wisrc -- "T tiuniM-U. a that it wt imftuibl to niiule it! Would f eiHieuien iwn Ieam the puWie AMiry in ihe lada ol Jrnuaiie baiikt. ana upcmt u I seney a pw upriinuMulrtl ihem! ! "Mr. CKin KM'EN J MR re- . , marh.. - . , aua ine ou. , - - - not be heard at the Re, t M i l..a iliMie d Mr. CAI.U01 N aaid something aliil leas oeifectlv hr.rd He .aid the naked nut tt ion was. whe;her the aurrlua ree oue should be left the depiuf bankK tn alwuld be returned to the people to whom it btlonged? ' The auction u now taken, and ce .... . . r.tt f hM fy yea. ana nay-. '"'" lai Jiers. IMflimn, !. Buehanan, tuilihert, Una, t.wiog 01 . . 1 Illinois, tullon.uruuay, iiuuoaru, of Alahania. Kine of Georgia, I.ino. hy 011. M.Miiun, Ni'holas. NiUs. Nortrll. Patfe. I'arkrr. Kiw.. Kurrle.. Setier. Sirange, Ttlbnadge, Walker, Wright Wall i. A 01 Messr.. Bavard. Clay. Clay ton. Calhoun. Crittenden. Dai.. Ewmg of Ohio. Ilt ndrirk., Kent Knight. Mor ris. MrKean, More, TrenttM. l'reston. Ki.blnns. Southard. Spruce. Swift, Tom hnson. Webier. White i'i. Inaugural Addrrwo, DCLivcRLD av xaaTtM vam bcbes. raF.si DKST or THK VMTED TATM. 4 -. f "larcS 37, Ff ttow Citizkki: The practice of nil the first solemn act of my pul.lie trust with an avowal of the principle, that will j guiue roe in penormior 11. ami an rpr! j ion of my feelings on assuming a charge responsible and rast. In imitatirg responsible ana rast. 10 imitating , their esample. I tresd in the footstep, of illustrious men, whose .uj erior.. it is our , happiness to beliere, are not found on ! the executive calendar of any country ' limii.a lhm rccnatiif th Parliett ....... I and firmest pillars of the republic; those by w bom our national independence aa first uecUred; him who, above all others, contributed to establish it on tht field of battle; and those whose expanded inlel lert and patriotism ronatructrd. irsprov ' tl anil nrfetirf tb ineatirnnbl inatilO . ion, UJ wh(ch we ,ltp ,f ,uch menf j in ihe noiotiun I now ocsupy. felt them selves overwhelmed bv a sense of irati tude for this, the highe.l of all mark, of their country, confidence, and by a con ! sciousnes. of their inability adequately to discharge the duties of an office ao ' t5 ' ailt and exalted, bow much more must j theee consideration, affect one who can rely on no anrh claim, fot favor or lot bearance. Unlike all who have prece ded me, the revolution, that give u. ex istence a. one people, wa. achieved at the period of mv birth; and whilst 1 con template with grateful reverence thai me morahle event, I feel that 1 belong to a later age, and that 1 may expect my coun trymen to weigh roy actions with the same kind and partial hand. So sensibly, fellow citizen., do these j circumstances press themselves opon me. j that I should not dare to enter upon mv j path nf duty, did 1 not look for the gene ' rnu. aid of those who will be associated I with me ir the various and co-ordinate i branrhea nf ib i.mm..,t. t ..v ... ...w .u - 1 mill II. . u.u . i.u. I .. 1 repose, Wlin unwavering reliance. On tllC . pairiotism, the intelligence, and the kind grateful not to add those which spring from our present fortnnate condition, Though not altogether exempt from em barrassment. that disturb our tranquility at home and threaten it abroad, yet in all the attributes of a great, happy ,'and flour iahing people, we stand without a paral lei in the world. Abroad we enjoy tho respect, and, with scarcely an exception the friendship of every nation; at home,' j while our government quietly, but effi- ' cienlly. perform, the sole legitimate end of political institution., in doing the greatest good to the greatest number we pr. Kent a,, aggregate of human pr,rsperi. j ty surely not elsewhert to be found i m (saw an mm uitr unwr w How unprrioos. tbea, is the Lagv ipo.cd apo every ciuxca, in toa t, spttere f action, whether limited at t. ' . .. . . v: . . trBuCO, v earn iiim.cn in "rrpentttirtg a ennui tion of things so ir.guli!y fcap. pr. All th lessons of history s&j tt. perirncs raut be lost tjpoa s, rf w m content w trust alone to the picUIar ad vantage, wt happen to ffwii. tioa ad climau. ana me Douneot-s sources that na'ure baa scattered vitas liberj a hwl ven the diffused mhIIL tenet and derated character of our pse pie wdl avail o. nothirg. if we fd s. rred'f to p'.i4d hsa oli!ie. ii,atitn. iHtns Uul were wisely anu ik-iiUrtaiett; formed, witii reference to every rlrciia. stance lliat could preserve, or wight a, danger, the blessings e enjiy. j. thoughtful Irauicrs l wt roniituiioa b giylat'd for r enon'ry ss ll.ey Uti'i K. Looking p..ti it wit'i i'i eyes )' men ami ol patriots, they saw all ti c. res of rapid ard womlerfrl jw; t r,ij. but Uicy saw also that various Iit,, opinions, anJ institutions, ptcul.ar la ixm var.ous porttoes m o vast a region, were deeply fixed. Distinct sovereigmiea r in actual existence, whose rordial ttiion was essential to tlie wellar and happi. i.es ol all. Between many of them there was. at least to some extent, real diver iiy of interest, liable to b cxrggerattj through sinister deaignr; they differed s'zs, tn population, in wealth, and to e lual and proepective resoutcrs and pewet; they var-d in tne character of their ia dnstry and staple production; aud iq some exited domestic institutions, whitb unwisely diaturbrd. might endanger the were ail these riuumstsnrea weighed, .r.i the foundations of the sew goven.iwnt htrmouy of the whole. Most cart fully laid upon the priucipU'S of rei-if r.J eout.efciun and equitable rom; t'uut. Thepalousies winch ihe antallrr atatts mijjl l entertaio of the potter ff the irt were allayed by a rule of represen aiu, confct l!y onequal at the tin e, anu tinned forever to remain so. A ratural fear that the broad scope of genrial irgav laimn might bear upon and onwiej roe,, trol particular inttrets. was rotm trtud by Iimi's .irictlj drawn around tie at. lian of the federal authority; aid to U. people and the states was left uiiuinr. td their sovereign potter oter ihe tins, merahle subject, embraced in the inten d government of a just republic, exrrplisf, such only as i.eceinly appertain 10 ih concerns of the liole ronfetiersey, or it intercourse a. a united community, with the other nation, of li e world. Thi. provident forecast has been aria fied by time Half a century, teemio with extraordinary events, and rlsevi here prduring astonishing results, has pu-fd along, hot on our institutions it has left no injurious mark. From a small cm mtimty, we have risen 10 be a ptoplt powerful in numbers and in strength: bol with our increase has gone hand in hand the progress of just principles; the pnvi leges, civil and religious, of the kumbletl individual are still sacredly protected It home; and while the valor and fortitude, of our people have removed far Irom ot the slightest apprehension of forrtfa power, tliry have not yet induced us. m a single instance, 10 forget what ia right Our commerce has been extended to the remotest nations; the value, and even na ture, nf our productions has been great1 changed; a wide difference has arisen m the relative wealth and rrsouices of eve ry portion of our country; vet the spitit of mutual regard and of faithful adhe rence to existing compacts, ha. continu ed to prevail in our councils, and never lone been absent from our conduct. e have learned, by experience, a Iruitlu) ' lesson; that an implicit sod ondeviitit.f adherence to the principles on which set out ran carry us prosperously onvt ird through all the conflicts of circumstance, and the vicissitude, inseparable from the I lapse of years. I The success that baa attended our great experiment, ia in itself a sufficient cause for gratitude, on account of the happt ) nrss ii has actually conferred, and th. ' example it has unanswerably given. But ' lo me, my fellow citizens, looking t"' I ward to the far-distant future, with ardent j prayers and confiding hope., thi. retro sped present, a ground for .till deeper ' delight. It impiesees on my mind : firm belief that the perpeiuity of e institution, depend, upon oursltes; that ! if we maintain the principle, on which tliey were established, they are destined j to confer iheir benefits on coitnUes. ge 1 neratiuna yet lo come; and that America j will present lo every frietid of msnkind I the cheering proof, that a popular Gr eminent, wisely futmed. is wanting io no element of endurance or strength. Fifty years ago, its rapid failure i boldly predicted. Latent and uncontrol , lable causes of dissolution were supposed . to exist, even by the wise and good, and not only did unfriendly or speculati theorists anticipate for us the fate of psl republics, but the fcara of many an honest patriot overbalanced hi. sanguine hopes. Look back on these foreboding not hastily, but reluctantly made, and how, in every instance, they have com' ple'cly failed". j An imperfect experience, during d ' atrugglea of the revolution, wa. iippo' to Warrant a belief thai lbs nennle W not bear the taxation requisite to t''' charge an immense public debt already incurred, to defray the necessary ; pense. of the Government. The c-t " two wars has been paid, not only wt 'J'1 ( a murmur, but with unequalled tUv"P