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I 'tadrtMl v oi thatit b,tMpMi
IMt Convent Delega cliowa la
.1 iKorM. under the recouv
kieh embodied 83
brl Vt what wasw www -rni' , r -jji
H rW? !Snttee. leosuro aneW
llectiaaioTif -ir-. - , .SiU,, (ferric.
V" vr . . - 1. .. '
temy. "V ituiy khe foundation
the iim ii'tkb summary--rity
the h?iuso
tSetnett the other 8ife,?U regardjjthjs
; i 'jS..- r ?ftmTto "v5
The Constitution, which decUnattheHo
if s
the several 8; of theT&ate
adeltHXiof fcJnueJeti made to the
STrkli wasi cSa which wai ea
dary qnero. or had. exceed-
fifeS5Sd refused ta fe8
ine oonaws r j'.
coders lood.
Rut when ItTWts
orlS the peUpJeMrM
.contended that tius?1
he must conless mat
if wasaprvpcsJtioa, rkfcfcsslf ffiven and
Here are legblatiye poty Secptive
f cenw dj lasttej herd Uf a
twtviri vested in U"er fja?'! kv Jud9
1 SirrdcrtmenttobcadW
i .i-. X. t J w, Mrtin TnodC. Wha.
Me is
t .n.Vt.h iHiVa this Corapaciajp'"VM"
ernment.
Kach GoTernioeat moves ovrn
it yrihPdsohercanJ thire is reprcsctitation;
tlie Fall, oaa eiecu iwmf "r-r:
iDi;vo never wienueu fff-- r .
rSAtabtuiUiacnt of an tSicientand an undivided
I Government. I '."-T -fL 4 1 -v'tmmiLiaA
1 UAltbongh the genttetm; Kentncky ld
i .i::. ; ideral compact, ne
idmitted that we hivejthet ptng
1 Jaws Th Senator wnp nma pu.
than he' had ever before heard;. it
iS&ulI wants that we hate, the eri tn
:r :rr' ( U. FlCask nothmffuwrr:.
i ru-i - j.-:;ri triVM all nowen I What is meant
hi makin laws It is not Iq give advice, but; to
enact statuteibr the protection oi socwxyana tne
i punUhment of crime. What Jowei J exercjses
, jtoal authority in the Stite 3outh Carolina.
Jn matters citneeming only the : fciti2cns;of her
lipwn Bute, her ownjudiciarj f xeraisea j?nsdic
f -ti P The power of the federal Judiciary is ex
rSyiefined in the Constitttion. It iextends
rSfoalfcnsesin lHSlS
t iConst:tuti6n;the UWsof the United States,! and
ithTLaties made or whkh bail ee nde: Tmdfr
y the UnUcd Stis shijl be a wrty; fSr
WersteWween txvo jSSSltt
! tStateandVitizens of anothef StfVSl'
Hhucnsof dtfiercnt States M
i lbetwentw more SutesffYet .ffntieen
ay that tho Gevernment of the Umed States
lias no power ever the SuieJ, wiile they posscss
- d ill plwer JSiraid Air. pUhc jqunsUturion inten-ded-
o humbieMliUproud Stateyeoycreignty,! to
V V prcit the States from encroaching upon each
V : &-L- as weU vis to prevtf!yi collieir. p
twecJ.them tod -the UaieJ Utes. j Butj m
. have already had ad exposntori,5tn the case oi; a
' citi23u of Georgia who institud;iit against a
-State, aad brought it -befor the ;Supreme Court
inhere it was argued, and theCoart, in an uu
rnwerat!e arguaxeat, decided -Hfcat a ;Cititen
;t i cuulii bring 4uit against Constitttion on this point.
"Yet the llth article in thi aidendttwnts; pnly
limits tho power of tho i tYtferiij'judiciarf ai jre-
i ardsasuit Magainetone of th6 United States
;?tbvciM2ens of another State, or 'by citixens orjsjulb
jecu of any foreign Stkte.Mj As tu the father pw
ii '-iJ vttaA in tho jfcdiciarf tncetwverttea ibe"
tweon two or matt States, iKci-tbiej were ail left I
V .4 i i - ... I
! ? rs. t?nAtfi resumed fnis remarks.
WhntSenat-djoorned ysterday said yilr.
feamzmg the Judiciary of the United States, and.
Su Zi.."-!,.; . inVi.n iininf and eaersrvJ the
, I wareieiriniw yu s
wiaciple that: tke laws 1 wnsattttton of
Sa United. States shaH be rsidcred Iboj su
pimne law of th4 iani ! This fproviaon, the
toastiutipn, aad the- legislitionnpon ,it,1 cunsli.
1 Jlt8 a laipreaaouj ijctost, fr
! klatwi and sophistry ? wilt speM their force vk
I WaiuT 'There is no tvr in the I nchcolsj there: i
Bat aVut Jndepcndrtt f eontt who wtj our
8u5l,wnb camwt cuinprcheud tBrhole armament
on tuis subjects r 4X nTanwha ( he-finusi j that
the laws 1 iX Congrire t the1preme liw of
the land, nod finaiaws carrying out thispro
rision, knows whew bavereigniy f plaeed bt the
'.Li...,fU tKnhind thneibata'r thai all. the
: i:
i
...
Mm. The jecp ar not '.to te tpeeulatftd I ; bttj !
o( their aetl3e--and f this Sre hattt had a . re-,
ecntaad Tery rttisfaory aMiiraac.,: Tb pta-1
ciplcsof the pructaautioa.'Wew greeted witHl
4ast nniret3al ipnroiatii threoghoatjhe land;
no paper exeppV the dctarslion t IndcpeSMfeai,
had AfprbeAa received by the, people' with more
KearttHt satlsfactiotH none need be, except that
sacred instrnn?jt ; 'GrJ la those by-gune toyt,'
ijiere were lhany. disojrdant 'Voices heard
the genial bjoC ; But now there is bat bne
voit from Gearsjia to Maine, with the excep
it. thsi tirklh AflrtiiA from t!n?k i quartet.
Vbo can tail t0b esaOod, that the f poople are
Ihu true to the principles of their father, and are
thus ready to protect and maintain the work of
their father ?jf If roillUlcatton reeeive not iu
condemnation in our fdays, I know, said Mr .
it will reeeive the execration of all posterity.
1 Was it that, jin air I Sconstitation the State
Judiciary jras requird regard the authority
of the Uws of Cotesss supreme? yhy
was it that in the 25thl section of the judiciary
ket, an appeal! iromphe State to the Federal
Courts Ugtantei?f conm
btion knew no bthw way to sopport the supre
macy ofthe Uws ofContrress than this. They
provided that j ail questions anaing onder the
constitution, should h referred to -and decided
hr the Judicial Department of the Government.
mie jrUHihM temperate wisdom which char-
. ' .Lit- ...ATrtka 1tennipi rlnML
acicnzesaii .uBff c,u -
itions togutbm court i court. They try the
judicial , conscience jw j every court, and if the
State tribnoal jdecWes; 1neonstitntioiilly,t tbe
Sapn ma Court of thd United Slates has power to
reverse theidecUiortl ! No argumentbich he
could urge,JwoulJ 0d tq the weight rwhicn
those wise provision! whould hate Id setflrri
this question. ( They prove . the high regard
crhik mir fithpri had fur this DiinciDle uf the
eoDstitution,' and their extreme anxiety to pre-
serve and perpetnate it; ,
As matter of historv. it would be interesting
Ito look at the circumstances attending the pass
age of the I JndlciarifBUl In what we some-
times call the popular, Drancn oi iongress in me
House of Representves it met with such u
nanimous sunoort. that the veasand nava 5ftVe
not called fijr Tfhenjjthe question . vfs taken.
In the Senate, wherip the bill oriaated, fourteen
Voted in the anlnnafive, ia six in the ncatire.
Tliree of the eg.! fee were from the South,
and three from the ffurih. Two of the South
ern negatives were (torn the Senators from the
State of Virginia. (Put h was persuaded, that
the opposition of Virginia to the bill, did not
arise from ihy ubjeetlpn jo this mode of preser
ving the constttutifiti and laws. Virginia op
posed all the prpvislms of the jud ieiary system,
as we organized it, from, objections which she
had to the form J not t the object of its establish
ment. That ttie Common wealth of Virginia
did not 'oppose the' 'principle' that the Supreme
Court of tbl United; States is the arbiter in the
last resort, he woul4bow,from a previous 'piece
of history, which hef took great satisfaction in
bringmg befijre the Senate. To go back to the
transactions offyrmetrines, to contemplate ; those
acts of our predecessors, which have illustrated
their own land our fame, was always pleasing
and profitable j. and it was wifii great satisfac
tion that he could bring up, on this occasion, the
voice of good old Virginia in favor of the consti
tution and he hed it would put down ' for
ever those; speculations which would ruin the
constitution, and defeat the hopes of the world.
The opinion of Virginia, to which he should re
fer, was (given at n I interesting time, i The
State ofj Pe'nasjlfanur, one of the proudest
States of the Unioahe meant no invidious dis
tinetion she was one of the largest, wealthiest,
and most nbwerful of 'the States tho State of
F,iriplvaoia had determined, in the Olmstead
cas to r?sist txo decision of the United States
Court, vat4 toirestst i them .jmto blood. The
LegwIatureSvtitiSfar as to pass laws to call
lit tho ;r;;, 'tit itSfit the Federal crocess.
The judiciary Went hi ! - quiet steady way
galantry was overlooked, (for ladies tveTftth
defendants,) and, ina case where the life t Joe
constitution was at hazard, they would !not even
stop for theni and f ho i issue was about to be
tried bv amis. U'eajisylvanLi, at this point, Was
patriotic and prudenjt enough to retire, and give
up the contest, j Notice Was given, to the Jlar
sfta! to makd upUheldebt and costs, and the a
mount was furtWitlj paid. Pennsylvania would
not, a( the Jast pinci, encounterthe constitution
Many patriots appeared then, and xflfered ito de
vote themselves! to tiie-cause, and to die in the
J last ditch.! The sagie faguig was used then,
us we hear from jSuuih O."o:?o now. Uut
Pennsylvania hid to inuch patrioai to push
her opposition tol the extremity of war- She
jrave up the points ijid proposed an amendiunt
to the constitution for tho establishment of a
tribunal to settle alf disputes between the Go
vernment and the States. She took the advice
of Virginia, and the Recorded response of Virginia
is a fallows i
, ; Preamble and reioliitions on trie propositioR
of Pennsylvania to s&nend the Constitution of the
United State. . -f
"The Committee to whom was referred the
communication of thi Governor of Pennsylvania,
covering certain resolutions uf the Legislature
of that State, ptoposngr . an amendment to the
Constitution of the ymted States, by tho ap
pointment! of an impjtrtioJ tribxmal todecide
dispute hetweehthdSlalc and Fedrut Judici
ryf hate had the same undfcT their considera
tion, and are of opinion that a tribunal is already
provided by i the Constitution of the United
States, to j wit: 'the Supreme Court, more em
inpntlv auallfied from their habits and duties.
from the mode oftAtftr. selection, and from the
tenure of iAeir ulr&es. to decide the dln.utts
Aforesaid in an enlightened and impartial inanhtj;
than any oiner triouaai wnicn couia oe erected .
The members fof the Supreme Court are
selected from those 'in' the United : States, who
are most celebrated for virtue and legal learning :
not at the will of a ftinHe individual, but by the
most current wishes of the President and Sen.
ate of the .Unitfd Sutcs, they will therefore
have no local pjvjadtces and partialities.
nwarilTto the most ehlarsred and accurate
acquaintance with 'fe jurisdiction of the Feder-
at ana several yMin, "u W4W
the admirable symmetry oi our tvernment.
The. tenure! of heir offices , enable v them to
pronounce: the tound Q1 correct opinions they
wiuioui zear, nvor, or par-
by Pennsylvania, seems tube founded upon the
ideav that the jFejJeral Judiciary will, from a
lost of powerjj enlirge ther junsdictkM to the
total aamUUatioh-ot; the jurisdiction of the State
Coorti, that they Itille xercise their teiU instead
of the law and:the;Constinilion.
This irgampnflif it proves any thing, wouM
operate inote strongly Ijagainst the tribunal pro
posed to he 1creatl which premkes ee liule,
than against ib4 Sapreme Court, which, 'fur tho
fea-fons givea before, had every , thing connectea
vlli their tppojfitment calculated, to ..ensure,
conjdence. V hat security have we. were the
i
-'I
proposea amendnicntj aoopie.1 , atlKtftztbflfial
would not substitute thei? vdt . ani thr . pli
sure, in thepU4 of the. Uw f j Th9 J rif&ti,
are the weakest U the three departmenU of Go
vernment, and least J dangerous o thepolltieal
righUcf the; Constitution r They 'boll.neUhet
Ue purse nor the sword, and, even to "enforce
their own judgment and decxees; mustnlttmatei
lydenend upon ilia Executive arm.. i Should the
Federai Judiciary, however ' nnnundfal of their
weakness, viunindful of. the. duty iiwhjch they
owetq themeeltea and their ntryy become
corrupt, and transcend he limits of theajurisdio:
: fMiri tka nmnrMMi amendment oppoaa even
a probable barrier in wca an unprsbaWa gtate, of
thingiP'ri & ' ' L-fi'i Ml r
The creation of a tribunal such as is proposed
H Pniiavlrknia.so far as we are enabled ito
frrry ,m Ak of it from a decri pUon dven in the
wiutMn I iif the Leoislature 5of that State,
wrM in theoDtnion of 00" committee, "tend
miLmia invito than nrerent a colhsion' betwtn
the Federal and State Courtsi fit-might alw
hwim.in nrm-ftss of lime.a serioos and danger
omrraflment to the operations of the ben-
i2csolted, Uierefort, That the j Legislature of
this State da disapprove ot tne i amenament .
the' Constitution of the United j States proposed
hv tli I xrisktiire of Pennsvl variisi
-Brink?, also. That Ihis Excelfaocy, the
Governor, be, and he is lreby j 1 requested, to
transmit lorinwiin a copy oi tne iregoin preaiu-
ble and resolutions to each ; of th ! benaturs and
Representatives of this State ih Congress,- and
to the Executive of the several J States in. the
Union, with! the request that tlie isame may be
laid before the Legislature thereof. j-V
January 23, 1810- Agreed io ; unanimously
bv the House of Delegates; If. 4 I!
' Ja o uary 26,131 0 -Agreed to by the Senate
unanimously." ; . n '
This Doctrine is as sound as pure gold , seven
times tried. Here is the very isstie which South
Carolina seeks to try. . Pennsylvania called out
her militia to uphold her sovereignty, ani fa a
well advised hour, rented br appeal to forcev
ad proived an amendment to the i Constitutioa,
tor ind purpose ot enectmg uer wjevi. ajui gu
old Virginia respected the. wisdom jof our farthers,
and declared that the Constitution which. hey
had provided could not be bettered by amend
ments. She lefused to sanction an amendntent
which would dispense with the Judiciary of the
United Statos.i Now, Mr. President, in this
view of the subject, what a most admirable sys
tern of government is ours It is not to be won
dered at that tyrants and the friends of powct
all over the world, look at it with fenvy and jea
lousy. We cannot) but percevp that, by the
General and Stato Governments, each acting in
their ri-crive spheres, the principles of liberty
must ever be preserved. : Ne w " York caaaoi ibr
'fringe nport theVights of Virginial ; The States
cannot come muj conu.ci wiut ; eacn ouier, nor
can tbe General Government interfeie witli the
rights and - jurisdiction of thej several States.
But as we have great interests i in common, the
wisdom cf our predecessors provided a sovereign
ty, above that of the sevfcral States, to attend
to the common interests. The Constitution was
watched over with sleepless . vigilance, as he
hoped it always would be andfectually guar
ded against all encroach tnents. VVbat can the
General Govamuient do toprostrato the liberties
of the States, when twenty- four of those States
support it and continue its existence and poW
er ? i Since he had had the honor of a seat here,
he had often ''been - torry : to hear; the Generai
Government gravely pMcen of as aii :lwn excrj-s-cence.
Our own w(rk, tho ideiifiy chtristfd
constitutio n bequeathed to- os iyi . uur iart .cr,
had been scouted atasau odious Foreign impor
tation, and the Supreine Court which keeps in
check i he different powers of tho Siate and Fed
eral Governments had been spoken of as a thing
down below which the Sjvereigii States ougn
not to submit to. He. rejoiced! that this subject
was now fully before the people He believect
that the crisis had been brought to theni, in tht:
eniguity of Providence that'they might raiiy
around the Constitution, and tbatl tribunal wbicn
preserves all the principles of the: Constitution in
purity. How, Mr. President,' conld we take &
single step in the improvement of our cundition,
without this General Government . Have we
not intrusted to it all the concerns of commerce,
the collection of the revenue, the: vast concerns
uf the-public land, our Indian relations, tec?
flow can we take a single step to preserve our
great common intrests, if the I State sovereign
ties can annul our acts at pleasure? Suppose
a case of war waged by us, in defence of our na
tional rights, against a Foreign nation. , If three
or four ill-advised States canthrow themselves
on their sovereignty, refuse to take pari in the
war, and nullify the aces declaring it, our coun
try, instead of being a name and a praise; among
nations, would become a name of reproach, and
subject to the contempt cf 'the whole civilized
wcrlj. He would much rather go back to the
old confederation, in which each State was
bound, in ittcr, to pay its quota towords the pub
lic exigencies: ISou, can gfive us security
lor a single hour Against Sute 5Ullrncation.
He had said, withfsubiaission, thatheSapremo
Court was- intended by the Const! t:i ion to be
the great arbiter in regard to questions within and
without tho powers conferred upon it- in answer
!to this, it was said, suppose ' the Supreme Court
transcendents potversi He would reply , in the lan
guage of Virginia, that we had adopted the best
system which we could! devise. If it railed in
practice, tlie failure wbald be6Hng to tho im
perfection of all hnmao instltuliobs No prudent
tuan will push such a supposition to its extrem
ity, and upon tne faith of it give up our Consti
tution. 'Should it faif of its object; we shall have
but to mourn over the i rail ty and insecurity of this
as well as of all terrestrial thing' . I What expe
rience has justified j the supposition that the
authority given to the Supreme C. urt will be ab
surd For fifty year9-wt- have prospered with
it, and'thei venerable and illuswious man who has
given to if his high renown in the world,still lives
to give it his beniriccnt energlcsL Th6 Judiciary
holdd neither the pujrse nor , thej sword, and de
pends wholly upon its moral. oiver, and the aid
of other departmeutaof the government, fir the
enforcement of its decree. It is the great peace
arbiter. Let us then1 cherish and support; it. Let
ne select the best men to fill its seats, and we shall
have no cause : to distrust it. I llut what is done
wiih the State;Courts? i He put it to South Car
olina to answer. She has a Cohsiitutton and a
Judiciary! When. her Legislatote enacts an un
cwsUtationsl aw, whaidOQeby herjeiUzeiU?
Do some of them ca!i a town meetiug and nullify
it? Notheypuilin thepleabefore the State CVifY,
that the liw unconstitutional, and the Court de
cides the (question. ThisTJlas! been.d.ae in his
Sute a dozsn times the fsnrpotksi of the Sen
ator from Kertu cky was the merest iioaginauon
that ever afflicted the human1 intellect. T That
Senatofa imagination carried him: to the extremity
of fear. What fear has fee That Congress would
bmak the -Constitution by patting; in operalion'a
wicked law. The bill abutninatioos would
Come to the 5eftalC) and they would join khe oth
cr House in the conspiracy against the nW rf
the People and ;the Statefc.lt Then! it rj 3 to
were made, ho says, by "the Seoa aod Were $n
peachable onlyby jthe Hwbf ftepre?enatif es;
Ud therefore they -srere ail wf a piece, ap4 might
oooj gether to rerwi ipf to
$ .
gcaerat ,! lar bU fears
reserve nzuwo iuc ytv . - -
ho rpoke in the abstract w
violent suppusitLKU? man t .k!
atic4 Wabuaes him had better Tet:re from the
concerns of Efe.shul himself p. Pvfc1!
himself from association with hiSiland, lest
ihe first inaaeSshodiappea in meet isaou
j i;t ,Tif.i Because the- Jur
dknaritaa? tuni traitors , to the Government land f
'min ji. ..4 iriltivR department
mayf support thexri in their treason, shall we have
ZZ1lJlZZ- v iSHU wa therefore uwouse all
the bondd of government, and return to ajatate of
anarchy t : Because Cabers may rn.iV
and mothers prove monsters, shall we abolish those
dearirelationt, and extinguish those sparjd chan
tien which they enkindlrt and cherish ? Shall
wedraWiTules of civil ind social conduct irom
uchlvioient i suppositions? After all, We must
confide, to a greater or less extent, m oor fellow
men.l more or less we must trust to others every
motnlnt of our lives. Shall we then sit down in
inuMui pase.tnerelv because our confidence may
be'ab&sed? Rather should we use the best means
which our 'Maker has given us to plant such safe
guards as we cap around our Constitution : and
Uf wive iiqtctraiturs.to ourselves, if we dig not
our own graves we staUAe free and prosperous.
But it is said that the judiciary is not compe
tent, from its organitation, t settle political con-
tWves:pby..p E?
nVery poWrtm tiuu "ji-
Dm Chief Jusuco waranan uwu .. w j-r
iu ihe i speech; I cited by the Senator from
Kentucky, tliat the Judiciary could not decide a
?uestion arising out of the Tariff laws? Never,
lis head was. two sound for that. Besides, a po
litical speech, is not the best authority which can
be 'adduced for judicial opinions. lie nuneile i
not a little- when the Senator from Kentucky in
troduced it as authority. When he came to look
at it, he found ii was a speech made i in Congress,
in high party times upon a case which involved
great poUttcal and party excitement at that daV
the case of a British subject who was seized as
a deserter, given up, and put to death. . Bat he
rejoiced to find that the illustrious individual who
rnade the speech referred to was perfectly at
horn? discussing; the views which he took of it
displayed the soundness of his head and thapu
ritof his heart. To come within the destrip,
tiou(bf the powers coafirtned upon the Judiciary,)
a question must V he says, " assume a legal form,
for foren uc litigation and judicial decision. There
must be-parties to come into Court, who can be
reached jy it process and bound by its power;
whose rights admit of ultimate decision ; by a tri
bunal to which they are bound." Tho case must
hare a legal firm, and parties, and must be sub
mitted to the" Court there are all the forms
whffb are necessary to place it within the powers
of the J uiiciasy VVhea something is to be adju
dicated, something to be given and taken away,
and then the Judicial power may be exercised,
though the case result from a treaty. In the dis
pute concerning the North Western boundary,
referred to by the Senator from Kentucky, there
Wi-r? a parlies hut tho two States. But the ca: e
made by South Carolina has all the attributes
which the doctrine laid down in the speech re
ferred to, require.
Tho Tariff la wis individual in its effects, Sf makes
parties by which the case can be submitted to the
coujft. A merchant belouging to New ; York so
journs in Charleston for commercial purposes. He
i.np r.8 goods from Great Britain. Ho is roi i
red, to pay the duties on them I
j 1 have done,; continued Air. FrelingUuysen,
with this part Of the case. For the purpose of
keeping all puer in check,' the "Judiciary was
established. The trainers of the constitution
Imped tobtain, ihrougli it, a peaceful mode for
ibu adjUdttuent of all constitutional qnstions. In
a country of wider extent than all Europe, and
embracing under one Government many distinct
communities, they hoped to secure perpetual
peace and tranquility by this arbiter of I peace.
Compare the operation of this p aceful check
with the resort to whieh Europe is accustomed
for he preservation of tho balance of f power.
Must we have the sword or the court sis our ar
biter ? Europe has tried tbe &woru j and has
shed rivers of blood in the vain pursuit of tbe bal
ance of power.- ' f
j We rel upon the pf aceful energy of ouf tnstituj
turns. Europe, on tbe thunder ot iter cannon,and
the! danger of her arms. Poor Holland is about to
pay dearly for jthis balance of power, f For two
hundred years it has deluged Europe with blood
Here We have it in a peaceful tribunal, by which
.theJtranqUjUityof the country, and the safety of
our institution, tnay be preserved for years to
pome.' Just arid certain retribution will come
upon those who destroy this peaceful arbiter and
set up the sword in its 6tead. Here is ; tho sys
tem, sir, as I understand it, as I honor it, arrd as
I,'With my latest breath, will maintain it. I re
gard this system as by far tho greatest political
uiefsing ever given by Providence to any peonb.
Tor it I trace all our happtties au tT
y I n pjupcriijr, waeu our
mountains are, an luil, and our streams running o
vtr, do not let a sister State rashly overturn tbe
institutions which are the sources of Our happi
ness. ; How painful is the crisis which seeks dis
bhibn y and which would snht us up : into dis
grcea a'hd bleeding fragments. This, tiuilifica
lion, if u prevail, will yet meet a tremendous re
tribddon, in the execrations of future times.
i Is not this, continued Mr. F., a plain question,
w lie ther the Constitution confers the powers
claimed;, npon : tho Federal Government ? He
carpd not how :it was frametli whether the
States made itllur the People, in their brimarv
in tnia fiav. ca our o. . i -
-asmblics. How does the bond read ? If that
giv tne power, it is enougn : tor the mstru
went was made by competent authority. I cling
to the bond with a Shy lock's grasp. ' I care not
how it was executed : here is the seal affixed to
it. H will exact the last tribute of iHvt er which
this instrument confers upon the 'General Gov
ernment. ! ' I
j jt is, after all, continued Jllx. F., a; delegated
power. I maintained, that the people 'inteii'ded
toi ct in the business. There was no- sovereign
ty ibdut it. although learned gentlemen H-re
pleased to call 'this a political Convention among
sjyjereigutie l maintain, that as wo gave u
tho old Confederation the People ie'verted tu
their primitive bowers. They knew iwhat they
were about, when, acting da their sovereignty,
thy clothed this Government 'with; powers
There was one 'class of their nvCeres: which it
was riecessary; to : cherish and tdefend at
hocicr, and was conunitteed to the care of
tbrf State . Brecative and Lgttiauirew There
Was anotnet diss which was so mingled with
tlw greater interests of the w hole cotmnumtv
these they eatfustei to the General Gera'
uifnr, which was lully invested1 oy jyj
veluon with ExucuUae, Judical, ail Legisla.
tivp powers. IkHli were ithel with auincient
power to piut ani prcjenre the general tatej
t -e" Uegisiaturo of cf 5mUi Carolina
ioci u, her sphere ; the Fedexd Government
fres in iu snero. If either attonrpt to traverse
m tbo track the other, tbe Federal Judiciary
it; o f leck and bring back the one that eacruach.
eg -The aystenitsas orderly and as taolodiona
as. iur planetary system, ot' waich the San is the
centre, jtis imiy when States, in their exce&.
stfe jeaVusy,un a tilt against ths laws, that
uiscrder can cnane. It is. vn'y w4e Suw v
7
asint trGoverHnletjt; ihathe
5S4lltW t8
.T fA:ir!pni as to the nsulation
sovereign ana r-H"-;,;.. iC-Mi..
of herein conceriis; but le 'IIT, TT
she thrusts her head bctweea-.e cu
rnmentand its'!1 Eg
tor -rentleuiea to etum toieir noui, --
carl how the Stale -SoyerenUea agaift Aiow
It
era.
.-I
jbUcordimttd.)
I -
.it
Si. ifjiOit MEXICO.
.-L: ' It-
7 i" - i.
. ,4f
Jfpw Orleaic si
rru aUw Tntvhc Crnm Vera 5 Crsri Jar-
rived here yestMayV bringing adTtTrpm
k.t o,tj- r i ho 7th. and from tho ctnital to
..CrenJpEOwnfwlj'16 Resident
had hot yet tak.en his seat - I Ai
On the niTht of the 26th Decenibet the
of th d run of Mexico deciarea in
favor of ie.ikvalctar Ckiventioa"ejiiorcd
into by! Santa Anna and JSustaincrite.1 ya
tho receipt ot this newsj by th4 - acting
Fxcxideni- Altsquiz, 1k convened j both
Houses of Congress and tendered fhLj 're
signation,, which was accepted, and h4 'fcs
jiredj to pnvatc Ufe. j i 1 J
Oruiie 2J o? Jantiary two divisions of
the opposition forces entered the city, and
were received, it is said, with Enthusi
astic acclamation by tho whole; popula
tion. I . I- : . I !. 1 . 1
LATER. j I
Wc have received from a corfespoiident
at Vera Cruz, papers of that city to tie 5 th'
of January, which furnish us with 'fall ac
counts of the pacific triumph which; Gen.
Pedraza has obtained, 1m joyful reception
at the capital, and his entering upoa the
governbent of j the Republic. j I
After the amnesty had beer fbrnied, the
supreme legiumato , government was Instal
led at Fuebh on the 2Gth of December;
and on tiie 27th thp garrison of tho city of
Mexicd, headed b J. J. Herrcra declared
in favor of Pedraza. The speech bf Pe
draza at-the establishment of the rjetf gov
ernment, i3 beforo us. Jifao York i jLuly
f- i -H i
LAf EST "FROM HOLLAND, j
Tho bng Alexander, Pendleton, prired
at Boston on Wednesday, from Dieppe on
the 29th Deo. Captain Pendleton- Urought j
no pxipcrs, but sutes that tne impression
prevailed in Holland that a geiraral war was
inevitable, and that tbe Dutch would be as -
sistei by Russia, Prussia, and Austria. The
latest fumor-when iho A. sailed was that a
ti4oai aiuijr j
march to the frontier of Holland krid Bel-
gium. f In our accounts of the fall of the
Citadel of Antwerp, little has been said of
the nurnber-pf lives lost on. eitlieir side.
Capt. Pendleton reports that the Ipsd on the
part of the French was computed at from
16,000 to 13,00a men tho los of the
Dutch unknown. Ten thousand! bombs
were tlirown at the citadel, which destroy-
ed all the provisions and water of the be-
sresed. GenUChasso defended the? citadel
for two days after the destruction off his pro
visions and water. I l
The Hival which sailed from f Greenock
for Oeperta, n the 2 2d of November, with
a-crew, of 33i men and 523 passengers, for
, service oi Lion fedro, was lost oa the
4th ofj December, near Gal way, and every
one on board perrshed. Tiw paenger3
were principally mechanics, journeymen
STSI?8' f4cavers an,d abin-cs from
the different towns and villairfesl in tho
villages in
west of Scotland; but principally tibm Gal-
way
Portugal, ; .
Tho accounts from Oporto are to tho 15th
ol Dec inclusive. I t
Thd blockade is still kept up the Roy
alists tho south side of the Douro, com-
an?1f river; a prof that! it
j Jia3 in a'greatjmcasure proved an inefficient
n -IP P I- r t ruS- SCVce!
On tho morning of the 13th tho Miguelitea
, vuft "U4C
mini) nnthnnt ntnrtvnmn U. ft.
pletely ruined from the effect of the shot,
otherwise than tho cannonadinjf,?thcre has
been ho softie or battle. ! H
DOMESTIC j
.....;.. .4 Facm the Purlland Couieir,
Washington City, Jan j VI, 1833. ?
To the editor bf the Portland Courier in the
Alarinefs Church Bailding, secdOn story, eas
tern eud, Fore street, away down east in the
Stale of 3Iairre. ) I I
ly kind and Gear old iriend the Presideut,
ijjessdge to Coogress tnake cracking work here.
MriQrihoun shows his teeth hkeia?hon. Mr.
McDuffie is-as cool as a eowcumberj though thev
say he's gota terrible teaincst inside if himjthat
helUetouttloog. For my part, 1 think
the President's Message is about right. I was
setting with- the President in theelsT room last
nigh t, chatting about one thing- aod I another, and
the President, sa he. Abj; Downing, have you
read my passage that 1 sent to, Confess; t0
Jay. told him I hadn'tj Well, si
jhooUuke to have you to read itind give ine
your opinion upon it.; So he handdd it tomoand
I ot down mad read it through. ' i .- -And
whea l got through now aaja CCmexal
otijesi what I tkinkoX there busmea
V hen i waaa youngster, some cf us Downing
ville boya eaed to go down Sebaga! Pond evefv
SDlinor ana hire uuta. mimih J
. . v , .UUIJ(7 MXT'
afffOUUlA Pnnil Art. I .
one time laud
ikraim,aid Joel, and BUiiJcJ.ni,! .T
cousin
three more ot ns had each a whopping great C
hiugop and dowo pretty considlrlblo5 bad2
we agreed to bqng 'eni along side'an I i side and
or
toil exa together and driv somcf thulo piasj in
the oatex moaipsand row over?2er "
We wentaloniwoor ih4 "4.
Bat by and bvTlhll J S3 rwpu.
He was always an hea7ru
.r. flway. tburevcryJboKeil
to was a hn-o
Tn Zr ZT 3r T 1 1 instled into the licart Of every child, as I
f b ? '3 WM i sacred principle, by every It
done in tho city, and several hduses com fi. ' cf. ' -L i j Vi v i J J
alay rt33d WcurplaUiin that I thlt
buVs bad wyfebuttcf on theii"4rtd tlnii ii t
-V en, mn wa lowtag wi ine eeward -Vulo
.if mii ' . .c I ; t iur
uesb,auu u huuiu i(;moih iiij peace t'n
if us cbanlred aides with Wmjl 4vV
Well U ill had nrt rowed bat a J.itle ; wt.
ttxA ApifiTfA that side Wenlli!kMA".Tii. .
- .' t : .i i ".i - uai Iiijl.
and he xersaLX u't touch tar row Ion that T.t T.
sh-Bild
claredif we did rt t chahsre i tviiH 4iir
minutes. lied cut the lashingn take iJ
ndjnddle off alone;1 nd bdorVi we kad :LM
time to turn-ronad,1 declifcdtUt iCp
minutes f cre,ou and up hatchetadcut iizi
fnga, and.awaf went Bill on frUj,,,
rolling about, and dancing like a monkey
to keep f ca i thef uppers sidh Tlit ia Jrl
scraniblcill. to well .w.e "ccnld, $n;l . ia Jt
oaf logs fjogethcr again' though we jiad z 'it)
match i . fat it. the wind Slew soliard. 15'i j,a4
gone bat a little ways before Jus log rgui to -y
!mraaqaraore nu uy ana oyjin e nXsLUti I
head and ears He cam uj, pn ffing a n'd'bKiir!
and got JMJ of the Jag acdtried tocttml b.
to it, but the more lie tried the thorh the ijt
led and finding it would be gphe goole wiUr j?
mfghty soon. He staid then? hd bgan u S
out like a furn for cs hi come' and take him W1
vm m,u iuc un nuuN lull U WC i '
take his log into the raft sgab. 1.,0 "says
111 row on either sideer bulhi .sides if joy
rao to, if you'll only come aad : heljme IcU
sink. i ' rt-nVt?m
Dut,;said the President, 1 11 yoalld nW
the fbolisli rascal out lill he got; a pretty P
sakwg lie get soaked enough hedrts weg
hun, says I, for he was jest readytq. sink for
last time, and or logs Jcome pretty near : g ai
scatteredand if they hal woKShonlrall gon j
the bottom together t And 0w imcral tbij
ieet wiiat I think; if vou let South Curolirj
the lashings you'U see aucb, a loer ajU'mg in jr, !
countrv as yoia never see yell' The old Gins
started up and marched across the&or U;
Says he. Major "oWningshe slant cut thef
ing while my namelis. Andiaw Jackam,
Sanreot Joel tovJluVtjny to aleep
their na9fe&JtiffeQJL!&$m thry sl
bo ready to a mojientri warorng. j ' f '
I wish you w'o jusf & EphniafJ
to Augusta a jog.to.know why he d.u
mo and let me know tho legislature U getting -
long. ; '. ' - . j
I remain your loving friend. 't
MAJOR JACK D'JWMXC. t
i!
From the CCnstilutioniliit
Mr. Ramsay: t send yoti one or twosbcr
extracts fiom an address lately delivered 1
fore the Students of the University of jTCaif
villc bv Doctor UndsJoV Trcsideht of 6
in
istitutioh.' In giving then a place in virc
paper, they need no cxmmentr for
true and sincere American, j bosom,
? glow with the same feeling and evcrjl
1 tiiotic hcatt adopt , hq i sentiment as
; own. ; i -ll ji H - -,j Yk
After speaking at length on jdraerciasi
jccts, paTncurany tno present agmtca j su
i 0f our Reouhlic rw ackk ' : ! - it ! I
rri -' ;
Tlierc is a magic in a: sound in inas
in a country. Who docs ! not loc i
countrv the hallowed home dT Kia infir
ef his kindred, of his fiiWa sepulbhri'
,. How does it strike the ear and thrill.
bosom of the pilgrim in fit foreign m
; wliat citizen of this vast : Rcrmblic. tr
j abroad in distant climes, had not ,'fdll i
giow of patriotic enthusiasm an! txW
tion ninntln. nn f,;rI,ftnVrTUk l.n J
name American has greeteihis ears fnsf
the voice of t approving t,stranbrs4-or.llu
ed with indignation if mentioned in lcti
of disrespect or measured , jpraisc?. AnikJ
- n.
we about to forfeit out. inherited title tofe
j glorious praise? Are tvej to bekohwn her'
i after as Tennesseeans, pr Carolinian?
; Georgian?, or Kenttickians, or New Yorkr
andnotts Americans?! We arc the 'or
people on this immense continent whohV
acquired and appropriated by uprversil
ku- a:Ji'L--1' . a .
Americans i lie rest ..are Uanadiifis
Mexicans or Peruvians, or Columbians, pj
Bolivians, or Brazilians, j We, and we otSj
are Americans. . And who so1 base asjtaif!
!y to suffer this illustrious name to bd S
gedin a dozen or twenty j little party t
vincial bye-words to be aoffed at bv'ajl'l
world . .!) i. ri I ' tf f H
I ho union of the Slates must he c:
bo first great maxim of bur poltci
wced. It$&urdbe inculcatel :. j. irf
school and by every -patriotn It shoull
I . J .:.
tho watch word ofcvery American, W h
engraven upon tho arms and banner "it ft
ry party, sect, and institution of.lie lJ
It should be heresy, trtason,infarii, to ccs:
pas3 itp destrucribnvor toJ impair , iu f-,
dafionswr
Providence" has placed, us' on a j loft t
conspicuous eminence. The cyfa bf t
world are upon us. Wo have a glnous
assigned us.and deep and danmin ?
our trafaroy ifr we fail to perforin t f
us has been intrusted the cxperunM'f
vcr yelly tried, iwhcrhey a pcopfc
govern tJiemselves without kings pr
or standing- armiesi 1'us! is allowed
enviable: j distinction tdf demoDstrabn
tlie largest scale, that any number"
"Ii6ifl"of free and equal -cUizeas majt 'A
together in peace, and exercise all AeVi
rogaUyes j of self government without r
mult, anarchy, or domestic : warfare.
are to exhibit the ' phenomenon of a c
vuuwicu, "ituiugcni, virtuous naiiow
without Uccntiousriess-relitridn without a
Iigiousj esUhlishment---odicnt toht
ministered by citizen magistrates,
the show of official licioS r
without 1 the aid of mercenary leiua4'1"'
janizaries Wo- hav it in j como is 5
instruct the world m tho science and m
art of govcrnmehtJ Shoule'wc marcb
ward in tho'career'of rjcacetul philac;
pby which Heaven seciua tii rave dffU
cd and I marked put for us :wat an
ahlo inhcritanco shall wc nQt? c
the latest generations, in tliaj I.o i Jfir"
iiniversajiy honourcd-i-halloicd naiaj
America?? : -'.:;- .-J J
r A bear was kilicd neai tiacc Uraiii-'1
n't iicchangingsoB i.e k?
tel. IN . U.. on the 23d Decenlf, rfhjcfr V
cd after bein dressed, C43CT7b ,
l -'H- H
11
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44
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