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, Is published weekly, at Two Dollars and Fifty Cpits per year, if paid in ad vanceor, Three Dollars, at the expira tion of the year. For any period less than a year, Twenty-five Cents per month. Subscribers are at liberty to dis continue at any time, cn giving notice thereof and paying arrears those resi ding at a distance must invariably pay in advance, or give a responsible reference this vicinity. Advertisements, not exceeding 16 lines will be inserted at 50 cents the first in sertion, and 25 cents each continuance. Longer ones at that rate for every 16 line. Advertisements must be marked the number of insertions required, or they will be continued until otherwise ordered. i7-L,etters addressed to the Editor must be post paid, or they mav not be attended to. 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.

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