Whole No. 400.
Tarborough, (Edgecombe County, JV. TWa,, .Jpril 2
4, 1833
Vol. VIII No. 36.
"Nor I h-Carolina Free Press "
BY GEORGE HOWARD,
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DOXV2EST2C
Mr. Van fiuren.'Yhe following
is the letter from Mr.. Van Buren, in
reply to that addressed lo him by the
Now York Tammany Hall Commit
ter, in relation to his rejection by the
U. S. Senate.
London, Feb. 24th, 1832.
Gentlemen I have been ho
nored with your kind letter of
the 1st instant, communicating
lo me the sentiments of a pub
lic meeting of my fellow citi
zens on the subject of the rejec
tion by the Senate of rny nomi
nation as Minister to this coun
try. Having always observed, on
the part of the Republicans of
the city of Now York, a frank
and fearless independence of
opinion, and a disinterested re
gard to truth and justice in
their estimate and support of
public men, l have looked to
their approbation with solici
tude as a criterion of conduct,
and have received the testimo
nials of respect with which they
have occasionally honored me,
with correspondent satisfaction,
but never with such deep fell
sensibility as in the present in
stance. Severed for the first
time from my country and
friends, and placed in a conspi
cuous situation among stran
gers, in a foreign land, advan
tage lias been taken of my posi
tion to level at me a shaft in
tended to wound me to the
quick, and to humiliate me in
the eyes of the Government
and nation with whom I was to
treat, and to whom 1 was, as
yet, but little known. Thanks
to the generous and warm
hearted promptness of my fel
low citizens of New York, the
same moment that brought me
the poisoned shaft of my ene
mies, brought also the missive
of my friends "with healing on
its wings." When you inform
your constituents of this cir
cumstance, they will at once
perceive how well timed and ef
fectual has been the assurance
of sympathy, esteem and confi
dence, and how deeply it must
have sunk into my heart.
In testifying to my public
conduct, tlu;y are pleased to
speak with eulogium of me, as
contributing while in the Cabi
net, to the success of the pre
sent administration: That s"i
nal success, I feel called upon
to declare, is pre-eminently due
to the political sagacity, un
Avearying industry, and upright
straight forward course of our
present venerated chief. All
the humble merit 1 can claim is,
that of having exerted myself
to the utmost to execute his pa
triotic and single hearted views,
and of having sacrificed all per
sonal considerations to ensure
their success, when threaten
ed with extraneous embarrass
ments. That my exertions
were arduous, painful, and in
cessant, 1 may without vanity,
assert: whether, my sacrifices
have not been repaid with un
merited detraction &, reproach,
1 leave to my countrymen to de
termine. Still I shall ever re
gard my situation in that Cabi
net, as one of the most'fortu
nate events of my life, placing
me as it did in close and fami
liar relation with one who has
well been described bv Air. Jef
ferson as "possessing more of
tne Koman in his character than
any man living," and whose ad
ministration will be looked to,
in future times, as a golden era
in our history. To have serv
ed under such a Chief, at such
a time, and to have won his
confidence and esteem is a suf
ficient glory, and of that, thank
God, my enemies cannot de
prive me.
Of the particular act of hos
tility to which I am happily in
debted for the present expres
sion of feelings on the part of
my Republican fellow citizens,
it is not, perhaps, proper, and I
would fain think, not necessa
ry, that I should say much.
The courtesy due to the high
est of our Legislative bodies
obliges us lo presume that the
reasons assigned by the majori
ty for their decision were sin
cere; if so, 1 console myself
with the persuasion that public
sentiment of which 1 have? an
earnest before me, is likely to
determine the futility of those
reasons, and the injustice of
that decision.
Allow me, gentlemen, in con
clusion, to thank you heartily
for the expression of individual
feelings with which you have
accompanied the resolutions of
your constituents, Lnjoymg a
personal acquaintance with eve
ry one of you, and knowing
how much of private. worth and
public respectability you repre
sent, I feel flattered and grati
fied to receive such sympathy at
such hands; and, situated as 1
am, I cannot but look forward
with heart cheering anticipation
to the welcome with which you
promise to greet tny return to
my native land.
A few weeks residence here
will be required to place the
affairs of the legation in a pro
per train, as well as to settle rny
own private concerns; after
which I propose to avail myself
of the only opportunity that will
probably ever be afforded me to
visit a few of the mot interest
ing points of the Continent.
After that I shall make the best
of rny way home, where I ex
pect to arrive early in the sum
mer. 1 shall then be able more
adequately to express in person,
my deep, my affectionate sense
of the vigilance and protecting
kindness of my fellow citizens,
and of the honest zeal with
which they have stepped for
ward to vindicate me from as
saults during my absence. In
the meantime, with a proud and
grateful feeling of sincerity, 1
leave my character in their
keeping.
I remain, gentlemen, with the
highest respect, your servant
and friend,
M. VAN BUREN.
To Messrs. W. Bowne, &c.
(JJMr. Senator Moore, of Alaba
ma, has published a Letter, addressed
to one of his'constituents, vindicating
his vote on Mr. Van Buren's nomi
nation; appended to which is a Note
as follows:
"1 am authorised to say that,
although it was the earnest de
sire of Judge Bibb, of Ken
tucky, (a Senator, whose pa
triotism and sterling character
will not be called in question.)
to sustain all the nominations of
the President, the disclosures
on the nomination of Mr. Van
Buren were such that, had he
been present, he would have
voted against its confirmation.
It is also known that other Se
nators voted in favor of the no
mination solely upon the ground
that he had already gone a
broad, and had entered on his
duties. A renomination would
therefore receive an immediate
and decided rejection. "
(JJThe following is the conclu
ding part of Judge Baldwin's opinion
on the Cherokee case, dissenting from
the decision of the majority of the
Judges of the Supreme Court:
"The judgment is pronoun
ced, the mandate has gone
forth, in words of power which
bid a State obey; the act is irre
vocable and the deed is done.
Come good, come ill, 1 desire
neither praise or censure; my
judgment directed me to the
plain and narrow path prescri
bed by law; my duty has guid
ed me in it; 1 have come to a
point where there was a barrier
which both forbid me to pass; I
have obeyed the impulse; and
having taken neither scot or lot
of this matter, wash my hand
of it now and hereafter. If the
fiat of this Court shall be recei
v'd in Georgia in the beams of
peace and carry on its wings
the healing of the nation, I shall
not rejoice the less at the bless
ings. But if it shall be the
mountain storm which shakes
foundations, my voice has not
added to the fury of the blast.
Whether it shall pass my head
unhurt, or lay it low; whether as
a self supported oak, riven by
the tempest, or rooted the firm
er the ruder it blows, I am at
peace within, with a mind con
vinced and judgment fixed, and
an approving conscience. The
consequences are not mine.
They will be met without self
reproach.
"In again standing alone on
the question of Indian sove
reignty, my altitude has not
been assumed in. the conscious
ness of my own strength, or the
confidence resulting from my
own reason and reflections: nor
from a wish to adopt, or act on
any new opinions, rules, princi
ples or maxims of the law, but
in obedience to old and settled
ones. If I am wrong, it is be
cause I cannot understand
them; if right, it is not by fol
lowing any light of my own in
vention, but by tracing the an
cient path illuminated by lamps-
which never flicker and are not
yet extinguished. To me it is
the path in which it is, has been,
and ever will be, my delight to
proceed in my judicial labors,
impelled by an ambition not
easily satisfied or attained to
the fulness of desire; not that
my opinions should be respect
ed by the authority of my name,
but "only so far as they may be
found to contain the spirit of the
Constitution and the statutes,
and the results of the judgments
of those who have preceded me
here and elsewhere, as the law
of the land according to their
plain "language, legal meaning
and just interpretation. As
one of the expounders and ad
ministrators of the supreme law,
I am not without the impulse of
high ambition; but its highest
aspirations are, as a Judge, to
be considered now, and remem
bered hereafter, only as one
"Qui consulta patrum qui leges
et juraque servat."
From the Richmond Enquirer.
The last xNo. of the Globe is
devoted to the Georgia Ques
tion. It furnishes a communi
cation twelve columns in length
"from the pen of a gentleman
eminently qualified, by his inti
macy with all that concerns our
Indian relations, and by his le
gal and literary attainments, to
do justice to the subject." It is
undoubtedly from Gov. Cass,
Secretary at War. It is there
fore unnecessary to say, that it
is an able and eloquent compo
sijion. It cuts up by the roots
the late decision of the Supreme
Court one of the most extra
vagant as well as weakest opin
ions, which has ever emanated
from that high tribunal. Gov.
Cass has gone into the whole
subject and he establishes up
on grounds not to be shaken,
the rights and jurisdiction of
the State of Georgia.
(JpA correspondent of the Rich
mond Enquirer has furnished the fol
lowing remarks, (taken from Elli
ott's Debates,) made by Ex-President
Madison and Chief Justice Mar
shall, in the Virginia Convention call
ed to consider and adopt the present
Constitution of the U. States. Geo.
Mason objecting to so much of the
Judiciary clause as extends the juris
diction of the Federal Courts "to con
troversies between a Stale, and citi
zens of another State:"
James Madison said: "Its ju
risdiction in controversies be
tween a State, and citizens of
another State, is much objected
to, and perhaps without reason.
It is not in the poicer of indivi
duals to call any State into
Court. The oidy operation it
can have, is, that if a State
should wish to bring suit against
!a citizen, it must be brought be
fore the Federal Court. This
will give satisfaction to indivi
duals, as it will prevent citi
zens, on whom a State may
have a claim, being dissatisfied
with the State Courts. It is a
case which cannot often hap
pen, and if it should be found
improper, it will be altered."
"It appears to me, that this,
(the clause in ' question,) can
have no operation but this to
give a citizen a right to be heard
in the Federal Courts and
if a Stale should condescend to
be a party, this Court may take
cognizance of it."
(Patrick Henry, in reply to
Mr. Madison, said: "Mr. Chair
man: I have already expressed
painful sensations at the surren
der of our great rights, and 1
am again driven to the mournful
recollection. The purse is gone
the sword is gone and here
is the only thing of any impor
tance that is to remain with us
As I think, this is a more fa
tal defect, than any we have yet
considered, forgive me if 1 at
tempt to refute the observations
made by the honorable member
in the Chair, and last up. It ap
pears to me, that the powers in
the section before you, are ei
ther impracticable, or if redu
cible to practice, dangerous in
the extreme." "What says
the gentleman? that the State
can only be plaintiff. When
the State is debtor, there is no
reciprocity. It seems to me
that gentlemen may put what
construction they please on it.
What! Is justice to be done to
one party and not to the other?
If gentlemen take this liberty
now, what will they do when
our rights and liberties are in
their power?")
John Marsall, in reply to Mr.
Henry, said: "With respect to
disputes between a State, and
the citizens of another State, its
jurisdiction has been decried
with unusual vehemence. 1
hope no gentleman will think
that a State will be called at
the bar of the Federal Court"
"Is there no such case at
present? Arc there not many
cases in which the Legislature
of Virginia is a party, and yet
the State is not sued? It is not
rational to suppose that the
sovercigTi power shall be drag
ged before a Court." "The
intent is to enable States to re
cover claims of individuals resi
ding in other States. I contend
this construction is warranted
by the words. But, say they,
there will be partiality in it, if a
State cannot be defendant; if an
individual cannot proceed to ob
tain judgment against a State,
though he may be sued by a
State. It is necessary to be so,
aud cannot be avoided 1 sec a,
difficulty in making a State
defendant, which does not pre
vent its being plaintiff."
The Tariff. Nr. Benton,
one of the Senators from Mis
souri, though no orator, is yet a
speaker whose "industry leaves
nothing unexplored." Recent
ly in the debate on Mr. Clay's
resolution, he has, according to
a correspondent of the Charles
ton Mercury, called up a histo
rical reminiscence which has
excited much curiosity, and has
shown that as far back as 1781,
several States, and especially
Rhode Island, objected to the?
exercise by the Congress of the
Confederation, of the power to
impose duties upon imports,
and to regulate commerce, as
substantially a tyranny that a
Committee of Congress, con
sisting of Messrs. Alex. Hamil
ton, Madison, and Fitzsimmons,
were appointed to return an an
swer to this objection, in which
they emphatically stated that
those powers were only neces
sary and would only be used
for the purpose of raising mo
ney for the payment of the pub
lic debt, and that when the debt
ceased, the duties would of
course cease also That it was
under this premise, and with
this expectation, that the power
was afterwards conferred in the
Constitution, &c. Pet. Times.
(Extract of a letter dated
Green Bay, Feb. 8: "The Small
Pox is making dreadful ravages
among the Indians along the
western shore of Lake Michi
gan. As many as sixty had
died of this malady at Mihvauky
up to the lost accounts." Tel.