h1 J- "T- f ' i . " .fit.! "'...' J .'! i s -r7i i.f j ,.,,.--.i... . ; t ., , .. , ' - 4 - -, - " ' ' ' . , 1 . h :.i . ' : j
: .,. T. . 1 v-j ' TERMS, - ; :;. , j;;
' The Sentinel is' pabllshed weekly at $3 per annum,
2n iSd within"bree montba after . WbMnbg;! when
5"f month5. S3. 50; when not pa.d w.tbtu
. i-
JertJ3mnto; by the year, $15
001 for two squares
iilvM and live aounrs iui cawi T
fLrr9! ' t". r.rta. for the first insertion, 374 for each
i ii .- ABn nniiiiiniini buiiqic. mj t
continuance. j.
luc ,
-J
03 On all letters a
dtJressed to the Editor the postag
must be
I Trinriated for the Nowbera Sentinel,
Scne from Fausf.
In the course of their, perambulations, Faust and b.s
friendly demon contrive to leave a bo, of jewels at the
Jli useofGretchen She goe over the wato shew
. . .;.,hnr. and Mephistophele. fabricates a
fi.fitious narrative for the purpose of introducing himself
' to them. . ' . i : ' l.",,J '
MARTHA'S HOUSE.
V Martha, (alone.)
May heaven forgive my husband Iear .
' Fdr leaving me so helpless herei
; Abroad into the world he ' gone
And left me in the stravy- alone ;
V (vteptng.) j
a ml thin Derhaps he s dead, alas i
I
wish I had a magic glass
Qretelutn,
(enters.)
O Mrs. Martha;!
Martha.
j What my dear?
Gretcken.
J
My knees are trembling with such feBr f
Just think ! I 'ye found another box '
With a gold key that snugly locus,
. And jewels all. so rich and rare,
Much finer thaii the first ones were,
j j Martiia.
Xow if you go and tell your mother
The priest will !get this like the other.
; f -. i Gretchen. '
lAh do but look1! oh do imt view !
Martha, puts tkem on her.)
you lucky, happy creature, you ! i .
' '' Gretchen. , - : f- .
Ah me ! I dare not walkthrough town,
Or go to church! with these things on . ;
' , . i . yj . Martha. a .
That 's nothing you can come, you know.
And dress yourself in private here
Look in the glass an hour or so, ' I
And thus we 'llj take our' pleasure, denr.
And when therej comes a Miday, y
You can walk wjlfa the crowd so gay ; '
First wear a bracelet, then, a earring,
Thrti, all withojut your toother's hearing
-.''" j Gretchen. .
Who could have brought, both boxes here ?
There 's something wrong in jt I fear.
(a knock at the door.)
Oh la ! has motjier come agaiu T
MartAa. (peeps through the window curtain
Tis'a strange geutlemani.J Walk in.
enter mehiistopheles. ' j ;
' : ; ', Meph. - . ;'( J ;
1 thank you, madam ; you are very good.
Beg pardon ladies hope I don't intrude. ,
(bows reiitectfullv to Gretchen.) i
Does Mrs. Martha Schwerdtlein live in here ? .
- I '? Martha. ' j
I am the lady ! j Would your honor eee her t :
; Meph. (in a low tone.) i
Ah ! now I know the lady that's enough, i
I see a noble visitorwithjn ; . -i"
Forgive the freedom which I took, so rough.
And after dinner I will call again.
Martha. ' (aloud.)
Think child ! ofjall things on the earth, i , r
He deems you a dame of noble birth ! i :J- , .
-' . . J ' ,ii . ... .'(' i. , :-:.( ,
I -.Gretchen. : i .
I 'm but a poor roung girj of humble blood, j.
Ah me.1 your honor is by far too good, ;
This jewellery is not my own. r ' ;
- j Meph. ,.; t !. f ;.:,' r ;
Ah ! 'tis not finery alone.'. , ' .1
She has the life-sbe has the eyes so bright,
It does me good to bask within their light. ;1
Martha, (aside,)
What is his business 7 I should like quite wall
y'r . 1 .. Meph. ' . ' . ,
I wish I had some better news to tell. j
I hope that you Will not think hard of me, I
Tby husband's dead and sends his love to (bee.
'.' ';'! U' Martha. ' V 1 .' ';..''.
Is dead? Alas the poor dear saint! j , ;
My husband 's dead ! Oh I shall faint !
'" - 1-1' Gretchen.
0 dearest madam do'nt despair ! I :
- 'rMeph-- t
Bat hear the sorrowful affair.'
' ! Gretchen. , -:
1 do declare I ne'er will fall in love, i .r
For should he die, it sure my death would prove.
l j Mep ' . .;. ;
Times go by turns ; we, all must laugh and cry.
1 ; . : Martha. 7 : b.,,
O tell me where did my dear husband die ?
,. , j ; : Mephi J -.'i
He lies in Padus, entombed : . , , f J;
In holy St. Antonio's section, j , if
There, in a sacred spot inhumed, y
. He sleeps in hope of resurrection. . !
'' ' '. ' . Martha f .. .jP
And have you brought me any legacy I 1'
- . : ; I . Meph. ; ' '. !'',;..:!'
ft
Yes madam, one of great solemnity.
He wants three hundred masses said
For his poor soul, you 'll see expenses paid.;
" What ! not a single keepsake for his wife.
A daty he should hold more dear than life, f J
And, which the poorest man in til the land. '
vgnsiaers oiujusi a uivme command 7
i
' ,;. -: MerK. .:'r, ;(
Madam I'm truly lorry1 for if, yet
r
I (I
W
upon my soul it was no fault of his, . i
His wants be most sincerely did regret, r- -' '
And much complained of bis unhappiness.
I (
Ah me ! how wretched sometimes the men. are! r
Each day, for him I will put op a prayer. (
IOU Iovelv Child f if Merit hnnnr ! '
t
Voo would be well and Very shortly married!
. - . ; GnxTCHX?. .
anof l never thought of iocb a thing. :
lil'
I I''' I -s ' : . I :-is:t
I ;. . i . - : 1 , . ' Kl VBn J I
If not a husband: ?mn tha ura A A in finer
. 7 i . 1 . "vumujimj,
-And a short time some brave gallant iwill bring." V
It must pe one of heaven's most glorious charms .
To take so sweet! a thine into one's arms. ' '
. ' j . ; , ; GrXTCHEN. " , j -; ;.-,
'TIS no t the custom of my native lan4. " 3
i XX .'." '-i'"--. !: '!'.!'; Mkph. "..''! .1 ' I;-," V
Custom or not, 'tis done on every hand.
; ': :Martha..
' Come tell me though, '
Mbph. . , C
I stood by hfs bed-side ;
.'Twas not exactly on the dirt he died; . i
But on bid straw ; he went off like St. Peter,
And to the last his sorrows grew the greater.
Says he. ev'n in the ground I shall be grieving,
For like a fool my wife and children leaving.
The recollection cuts me like a knife,
O that she would forgive me in this life."
; Martha. ; - j '
O the dear man !
forgive him willingly.
. - Meph. : . : 5 i .
And yet Lorcfknows she 's more to blame than I.'
The. liar! what; on the grave's edge to lie 1
j . j. j meph. j (
He must have fabled in the closing act, .
Because he knew I did not know the fact. "
He said, ' She guve me not a moment's ease,
Nor let me eat a single crust in peace.' :
. . j ' '; ' ' - Martha. -Could
lie forget my love and truth, I pray, r
And all the plague he gave, both night and day 7
"v 1 - ! ' :.' ' - Meph. -.J-V. -
By no means!.. 'Twas a subject near his heart.
He said, "Just as we left the Maltese! mart,
I prayed for wife! and children with much zeal,
And heaven, for once seemed to consult my weal.
Our gallant ship captured a Turkish galley,
Which
bore the treasures of Mebemet Ali,
Then valor found at last a worthy meed, i :
And a rich portion was to me decreed,'.' ',
-''',.' .; Martha. ; ! j ' 'f
O ho ,' think you he buried it!
", !!" ; 'yMephVX: 1XX X-"
Ay ay !
1'
Who knows which way the four winds carried it 7
Some time in Naples he contrived to spend, 1
And there, a pretty girl became bis friend, i
' And on
him, so much truth and love she lavished,
his happy end his soul was ravished. ' 1
That to
Martha.
The rake, the cheat of bis own flesh and blood .'
f Could no experience do him any good, a
Or change the shameful course which be pursued 7
;-;tt Meph. .1 ';bi.,':!
But see ! it killed him. Were I you,!
I'd mourn for him about a year,
And then I'd seek the world anew,
And try
to find another dear,
j ..; I Martha.
Ahme!
a spouse oi sucu excelling worm.
I ii 1 .
Is hard to1 find upon this wicked earth.
Good easy man : there are not many sucb,
Although he loved to rove abroad too much,
To seek! strange women, Wine and bet
His money on the curst roulette. '
-j H;'.V " -"Mepb..-'" ;
Well, well, he 's dearly paid, 'tis true.
For foolishly neglecting you,'-- i
- And if it! could be done with grace, ,.
I swear I'd like to take his place.
"'-" I"-'- ?' ' ''-. ' : Martha. '
Oh dear! your honor does but jest. : :
;i ir - . Meph. (aside.) , . fi.
"Tis bigb time now that I were gone,
For she can talk the de vil down. ,
i ! (to Gretchen.) i
How is your tender heart impressed 7 '
... Xi' !: :?!''" Gretchen. ,!! "!,
What does your honor mean f
Meph. (aside.)
:
Sweet,fentle child!
aloud.)
.Ladies fare will !
. ' 1 . Gbetcheit.
L . Farewell sir ! t
Martha.'
Stop a while.
I'd like to have a little notice made, I
Of where my treasure died and where he's laid ;
And as I like to see things done in order, -I'll
have it published in the next Recorder.
, i i I . "; ' :4"- '.Mara. !' -. ' '' . ' '
Yes, my dear madam ; by the mouth of two,
A fact is always firmly fixed as true. ' 1
1 Iiava n Valiant fellow-traveller here. i
iOT : i . ... .
With whom, before the notary I'll appear.
I'll bring him with me.
Martha
O yes, do,
Mark.
Will the young lady be here, too f
He 's a bright youth has travelled mueb,
And 'mong the ladies there was never such.
:X- !i:;: Gretchis.' ' I
I could but blush before such lofty worth.
' V I' Meph.
Not before any king of all the earth.
-. 'itai '' IjUrtha. ; '' '
Here in my little garden's flowery walk;
We shall expect yon both at four o'clock.'
it-
.Original
ANECDOTK.-nMr. Editor, For
the amusement of . your readers,,.! give a con
I : ii - -
versation i.I had , with a celebrated French
Doctor some years ago in St)Louis, Missouri
Dr St. Leger, the, person, referred ,1 to, was a
great adept in Mineralogy - and UeoIogyV and
ha4 some pretensions, to the medical science;
his peculiar.iuanner of relating any event, his
broken English, all contributed to render his
conversation pleasing, . and , in Tact laughable.
Vhen I first knew the Dfbctorj ; he, Resided in
Nathville.Tennessee. , MeeUng him. in the s treet
at bt Louis, I enquired ;Tery naturaUy,r ho w j
are aii ue guuu peopie in nasnyuje. ...
Ajh sare, I nojive in NashvilJe now, I, have
been Temove? to Frankjiri tsome time ago.
Well, Doctor, how do you like the good people,
of Franklin f Ah sare,, I, jell you, all very fine
people who live dare. Only tone d-rd rask,
he flog my : servant, only because he look at
him, I ffo to one gentleman for one explanation.
j and what you tink den; he fetch me a h 11 of
j a box, I say, for why you' box me so, and what
you tmk den,' he kick and 1 tun,' he kick and I
runhe kick and I run, and when I almost ex
haust, I turn round to light. B? rar he not
dere; 1 go home, furious, furious. aJI my friecds
very . ranch consarned ifor me they know I Vm
one Doctare, one PhilbsoDher. whostiirliM
animile courage. , They say, Doctare, we verv
much afraid one grand difficulty will nnnnt
of dis ting.; I say, no ray friends dat dam
rask is one Cowarde, for Ven I turn round he
uu run away, i jean only look on him, the
grand rask, with crhe grand despise.) . .
After laughing heartily at the manner in
which the story was i-elated, and the evident
intention of the Doctor to make
that he had the adraniage! in the affray, ! Heft
nun imiy convincea, tnat discretion is the
better part of valor." and that, he who fiaht-
and runs away, will life to fight anolher dav.M
Petersburg Constellation:
EXTRACT FROM THE REMARKS OF
' MR. BUCHANAN, OF PENN.
In Senate of the United States, Janl 3, 1837.
on the bill to admit the State of! Michigan
into the Union. .' . " ; --: ., ; -,. . ,
i I, now come, Mr. Presideni. to sneak unnn
subjects concerning which I should gladly be
silent. - The internal concerns of iho ittaB
should never be introduced onon Itbia flnnr
when it can be avoided ; but the Senators from
South Carolina (Mr. Calhoun) and Ohio ( Mr.
Morris) have thought differently, and have
rendered it necessary for me to make some ob
servations in reply
.... r , i ... .
x irst, then, 1 wo
uldiask what possible con-
nection can be ima
gined between the conduct
of thev Senatorial electors of Maryland,' who
refused to execute a, trust for which Ithey w ere
elected, and that of thle people rof Michigan,
wno cnose dflegatis to a convention upon the
express invitation 6t ap act of Congress! The
Maryland electors refused to perform their du
ty under the State constitution but the peo
ple of Michigan did give their assent j to the
condition which wi had prescribed to them,
and upon which ane they could enter the
Union. There is as great a diffebnee be
tween tne twa cases, as "between a hawk and
a handsaw. Standing here as
a Senator, I
have no ngnt to pro
bounce judgment upon
tne conauct ot tnese e
ectors. 1 hey are res
ofl(ie State Ajft Mary-
ponsibl to the people
land, not to me. i
The other Man-land question, to : which' the
I a - . - .
Senator adverted, is one !of a. very different
character. ' It involves the decision of the im
portant principle, whether,' under ja ! settled
form of con6iitatiorial Government, the people
have a right to changethai form in 4ny other
manner than the mi'jdejprescribed byj the con
stitution. If 1 wer0 td admit that thev did not
possess this power, 'still the Senator is as fnueh
of a revolutionist as myself. He ad
tsthatif
the Legislature of Michigan had pas
d a law
authorizing this convention, and fiiinir the
lime and place of its meeting, then its' proceed
rity
of
the State ? That U not pretended.
Whence,
then, shall we derive it? fow doesjthp Sen
ator escape from ihis j difficulty ! Upon his
own principles it would have been a legisla
tive usurpation ; and yet hesays, if the Legisla
ture had acted first,! the! convention would
have been held under competent authority. '
- Now, for my own part, I should' lnot 'have
objected to their action. t might have been
convenient, it might have been piWer, for
them io have recommended a particular day
for holding the election of I delegates and for
the meeting of the convention. But it is man
ifest that as a source ofjpower to ihel conven
tion, legislati ve action j would have been ab
surd. The constitution'of Michigan ifixes the
boundaries of the State1. For this purpose, it
refers to the act of Congress oi the 1 1th of
January, laOo, establishing the Territory.
How could these boundaries be changed ? If
in no Other manner than that prescribed by the
constitution of Michigan, ii would have been
a tedious : and a troublesome process, and
would have delayed, for. at least two years,
the admission of the $tat into the Union.
First, such an amend&ieni must have been
sanctioned by a majority of the Sejiate and
House of Representatives.;! Then it must have
been published for three months. Afterwards
it roust have received the approbatiori of two
thirds of both houses of a Legislature subse
quently elected. And. after all these Drre-
quisites, it must have been submitted to a vote
of the people for their ratification. ', It was to
avoid these very difficulties! that I the! Senate,
at their, last session adopted; by an unanimous
vote, the measure which the! Senator now calls
revolutionary, and referred the decision of the
question directly to the sovereign people of
.Tiicuigaii m nieir primary cauaciiy. inen
was tne appropriate moment lor tne
to have objected to.this! course. That
senator
was the
occasion on which td convince us jthat;
this was
an 'uneohstituiionai Indj .'; larl40s f-prclceWdin.
He suffered the precious moment to ! escape;
and it is now to late to tll the people of Michi
gan that they shall be punished by an exclu
sibn froth 'the Union, hecanse "they t thought
proper to laKe us at our word. i nat would
have been the time to have inserted an amend
ment in the bill requiring a reviou act' of the
Legislature prescribing themode,'iar-eUc.ing
the delegates, 'But thejenator as ' jhen Jsi
lentnpou this subject." jlliere had jfhenl been'
'nopXoceedin'gs' iii Mirlind such'j , as ;tef iio w
calls revolutionary. "'A. word upon that subject.
We are told in that sacred, and venerated in-
strurhent which first preliimed the righti 'of
man to the world, that air experieiice hath
shown that mankind 'are 'more disposed to
suffer while evils are sufferable,'than to fright
themsetves by ahblishin the forms I to j which
they araccnstohied.p' Bui suppose the case
of a State, whose' ! constitution,' "originally
good, had, from the lapse of time and from
changes in the population of differen t ortidns
of its territory, become ! unequal 1 and. unjust.
Suppose this inequality iand injustice lo have
ings would have been tegular and valid. "' But
who gave the Legislature of Michigan this au
thority! Is it contained in the constitution
gone to
such en extent that the vi
tal principle
of representative republics was destroyed, and
that the vote of a citizen in one county of the
State, was equivalent to that of six citizens in
another county. Suppose that an; equal dis
proportion existed between taxation and rep
resentation, and that, under the organic form
of the constitution, a minority could for ever
control a majority. " Why, sir. even under
such circumstances; I -should - bear ' with f pa
tience whilst hope remained.' 1 1 would appeal
to their sense of justice, to call a convention
under the forms of; the constitution, ! for the
purpose of redressing these grieveances ;- but
if, at last, I found they had determined to turn
a deaf ear to all my intreaties.' l should then
invoke the peaceable aid of the people, in their
sovereign - capacity, to remedy ; these evils:
They are the source of all power, they are the
rightful authors of all constitutions.! They
are not for ever to be shackled by their own
servants; and compelled ! to" submit to - evils
such as I have described, by the refusal of the?r
own Legislature to pass a Law for holding a
convention. Whoever denies this position,
condemns the principles of the Declaration of
Independence and of the American revolution.
There is n tone of the old thirteen States,
whose Governments were not called into exis
tence upon these very principles. It is now too
late in the day, in our favored land, to contend
that the people cannot change their forms of
Government at pleasure The glorious ex
periment which we are trying in this, country,
would prove a total failure if we should now
decide that the people, in no situation and un
der no circumstances, can hold convention
without the previous consent of their own
Legislature. It is not my province to1 "say
whether the proper lime for this peaeefulj ac
tion of the sovereign people in their primary
capacity, has yei arrived or will ever airivn,
in j Maryland. That question may "safely be
left to them: but I feel no terrors, my fancy
conjures up no spectres, from such doctrines
as I have advanced. ; ! !
I am exceedingly sorry! that another topic
has been introduced into this debate! by ! the
Senator from Ohio (Mr. Morris,) which;, if
possible, has still less connection with ! the
question before us than the recent conduct! of
the Senatorial electors of Maryland. The
Senate will at once perceive that i refer to the
letter of Mr. Dallas on the subject of the repeal
of the bank charter. I regret that this letter
has become the subject of debate here.1 We
are abundantly able to settle all our ..local dif
ferences in Pennsylvania ; and we are jultly
jealous of foreign inleference. This is ;!not
the proper form in which either to . argue: or
decide the Pennsylvania bank question : and I
call upon the whole Senate to bear me witness,
that nothing bjut: necessity compels roe to
speak here of the subject. The letter, of Mr.
Dallas has been denounced by the' Senator
from Ohio as incendiary, as revqlutibhry,
and as calculated to excite the people! to rise
up in rebellion against the laws. ' Would Ijnot
then be recreant to my own character ;if I
soouiu.nui raise my voice in ueience oi a ins
tinguished citizen of my own State,' against
such an unfounded assault. . Jl - 1
The letter of Mr Dallas has been much Land
greatly misrepresented.; " Garbled extracts
rom it, have been published throughout the
whole country, without the context and innu
merable false commentaries have - a ttached to
hitn sentiments and opinibnsjwholly jkt j Jwrar
with its general tenor. In sneaking Upon
this subject, I am fully sensible how .'liable I
amj'myself to misrepresentation; but I shall en
deavour so plainly and so clearly e to I present
my views, that at least they cannot be misun-
derstood by any person present.. : . -. j j
In the first place, then, Mr. Dallas never did
assert that the convention about to be held in
Pennsylvania will possess any power to viblale
the constitution of the United States.' ,'f !He
never did maintain the proposition that -this
convention would be the final judge," and could
decide; in the last resort, that its own dedrets
were no violation of that sacred instrument.
Why, sir, such propositions would be ' rank
nullification : and although I have never had
the pleasure of being on intimate termsf jnrith
Mr, Dallas, 1 can venture to assert that he, m
common with the people of Pennsylvania, is
opposed to this political heresy. For ray jo wn
pait. I can say, that however much I jma ad
mire the apostles of this new faith, their doc
trines have never found anv favor in my eyes.
No,! sir ; Mr. Dallas has expressly referred to
the Supreme Court of the United States ai the
tribunal which j must finally decide; whether
the convention possesses the power to repeal
the Bank charter. : !!:!'
From what we have heard on this .'floorj ii is
manifest that public opinion is greatly in error
as to the principles of the anti-bank party in
Pennsylvania. I profess to, be T a member, ot
that! party ; and I now propose briefly to 'state
their principles. It 1 should err in presenting
theirs,' 1 .shall at least place my own beyond
contradiction. The constitution of the United
Staies declares that , no State shall pass any
law impairing the obligation" of contracts.
This , is a most wise and salutary prorision
may. it be perpetual ! It secures the. private
rights of every citizen, and renders private
contracts invioiaoie. ? xi imparts a sacrea cnar
acter to our titles to real estate, and it places
the seal i of absolute security upon the light
nf nrivWte nrbnertyi'!1 Vl '&W-A
J Still the' question remains,', is a privilege
granted by a State Legislature to a corporation
fbr banking purposes; a ' contract, within the
sDirit and intention of the constitution of the
United States f In other words, is the author
ity; which the Legislature of Pennsylvania has
given to the Bank of the United States to'create
and circulate a paper currency; of thirty-five
millions of dollars, irrevocable by any human
nower short of art amendment to the federal
constitution f My' owh convictions aire clear
that such an actrof legislation ! is hot a contract
nnder the constitution. It is 'true "that this
instrument speaks of 41 ccutrects" io general
terms ; but , there is no role of construction bet- ;
ter Eettled ihan that of restraining the nniver- '
sality of general words; so as to confine their T
applicationf to such' cases as were exclusively '
within the intention of those by whom ihey
were used.': : It would be useless to enumerate"
instances under this 'rule Its existence will
not be denied by any -r & -' -
-If' then i(-can be made' manifest, that the'
framers of the constitution, by the use of the t
word "contracts," never could have intended '
to embrace the creation ;6f such a bank by a.
State Legislature, then the question is decided; 7
It wotjld be ah easy task for me to prove, from-"
the history rof . this provision; that its object;
Was td secure rights arising from private con
tracts ;4nd 'that a State bank (charter was not
within the contemplation of those by whom it'
was inserted. But-I forbear. My sole pur- ,
pose at present is toate general principles; -
f it never can be imagined that the sovereign
States, jwho are the gardes to the federal con-,
stitutiou, intended, by this prphibitiofi, ' to re
strain themselves froni the exercise of v those
great ' and essential powers s of Government
which' jvitally affect the general interests of
the. people, and the laws regulating which.nSQst'
vary with the ever varying changes in society.
If they have been guilty of this absurdity; they'
have acted the part of suicides, and have volun
tarily deprived themselves of the"! power of
rendering the people under their charge pros-!1
perous and happy X"X' :XAi:!'-::- x: j : """ '
I think, therefore, it may be stated as a gen
eral proposition, that the constitution of the
United States, in prohibiting the Legislatures
of the respective States from passing laws to'
impair the obligations of contracts, never in
tended tofprevent the States from regulating,
according to! their sovereign will end pleasure,"
the administration of justice; their own inter
nal commerce and trade ; the assessment and '
collection of taxes, the regulation of the paper
currency, and other general subjects of legist
iation. If this be true, it follows, as a neces
sary corjsequence,that if one Legislature should
grant away any of these general powers, either
to corporations or to individuals, such a grant
may be resumed by their successors. Upon a
contrary supposition, the legislative power-'
might destroy itself, and transfer its most im
portant jfunctions for ever to a corporation. In.
these geqeral principles,! fee) happy that I am
sustained by the high authority ot the- lalo
Chief Justice Marshall, in the celebrated Dart
mouth College case 4 Wheaton, pages 627,
628, 629, and 630 "" f y- -' ' i ,-!
I shall not consume the time of the Senate
in reading the whole passage ;! but shall confine
myself to the conclusion at which he'arrives.
He says, "if the act of incorporation of Dart
mouth College be a grant of political power ;
if it crekte a civil institution lo be employed
in the administration of the Go vernment ; or-'
if the funds of the college bej public property ; -or
if the State of New Hampshire; as a Gov
ernment, be alone interested in its transactions,
the subject is one in which the Legislature of
the StMe may act according to its own judg 1
ment, unrestrained by any 'limitation of its
power imposed by the' Constitution of the
United States.' IjTe then proceeds to decide
the case! of Dartmouth College, on the princi
ple that! it is not a public, but a private elee
mosynary corporation, and therefore, within
the prohibition contained in the constitution. '
Here jtheh,! the principle! is distinctly rec
ognised.'that if a corporation created by a
State Legislature 'bea grant of political pow-
er; if it create a civil institution to be employ
ed in th? administration of the Government,
then the charter may be altered or repealed at
pleasure? by the State Legislature. The " dis
tinct principle, clearly deducible fro m this
opinion,' as well as from the nature of bur Go
vernment, is, that contracts made by -a State
Legislature, whether with corporations or in-'
dividuals, which transfer political power, and
directly affect the general, administration of
Governrbf nt, are not such contracts! as the
eopslitutibn intended to render inviolable. In
other words, although these Contracts may be
within its general words, they are not within
its intent and meaning To declare that thev
were, would be to say that the people had sur
' lit . : - .- A ' .
renacreajineir nearest ngnts into tne seeping
ot the Liegisiature, to be bartered away for ever
at the pleasure of their own servants. This
would be a doctrine utterly subversive of State-
rights and State sovereignty.' i-"r4"?l-- :-tr-ft---
ijei me now illustrate mese principles oy a
few examples;'!-' r:" !-:":l '5;n,"J;;f:s V'.."! '!
The judges of the Supreme Court of several
of the States,hold their ofiices under the State
constitutions.. They haveabandoned the prac
tice of a lucrative profession, and the State has'
entered into a solemn contract with them,' .
that they shall hold their offices during good
behavior and-receive a fixed annual compen
sation, which shall not' be diminished during
their term' of ofiice; 1 Here is a solemn eon-
tract, founded on a valuable consideration; and
yet in 'all the1 changes which have been -,
made in j the constitutions of the 'different
States, it has never, ! to my knowledge, been
seriously contended, that judges, Under such
circumstances; might hot be removed, or have
the tenure or salary of their omce entirely
changed. This has been done in repeated in
stances.! And why ! Because, although this
be a contract, it is one not of a private, but of
a public nature, it relates to the auministra
tion of justice, which is one of the most im-
portant
interest
concerns of Goyernment ; and -j the
of the individual judge' must yield
to tnair Pi me wnoie community nt is
therefore not a contract within the meaning of
the constitulioh of the United Stales. :.. ;
Again; suppose the Legislature - of a State,
should .create a joint stock' company, . with -a
capital'of thirty-five millions of dollars, and
grant ' them ,the exclusive privilege : of pujw
chasing and vending ' all the cotton, the floury
the irony the coal, or any of the other ' great
staplessof the State, which might seek s mtr
; X" :';-:! -v XX-X'X !s :''.- )