Newspaper Page Text
“The ferment of a f ree, is preferable lo the torpor of a despotic, Government.”
VOL
Athens, emtmtuA, apkiL i», isaa.
AO. 4.
Stern Sanoeis
js piuu^!ii.:» in the town of atiiens, Georgia,
EVE.tY SATURDAY,
ItV ALBb.-\i CHASE.
TKRMS.—Tlircc dollars per year, payable in ;ul.
V3J „... „ r Four dollars if del iyed to the end of the
•fhc latter amount will he rigidly exacted of
,11 wh > f il t° nieet their payments in advance.
No subscription received for less th in one year, un.
, tlic money is p..id iu advance ; and no paper will
discontinued until all arrearages are paid, except
at the option of the punlishor. «A failure on the part
of s’lWri'-crs tonoti’jr us of their intention of re.
lmouis.uncut, ccuinpanicd with the amount due, will
he , ou.'-iiiered s equivalent to a new engagement, and
japors • -n aceoruiitftly.
\ju e::tisements • ill ho inserted at the usual rates.
j .ill liCtters to t io E.litors on matters connected
w j,|. ,i,c estahlish unit, must he post paid in order to
secure attention.
!j Notice o 1 ' t' e t le of Land and Negroes by Ad.
n ,; ; i 0r .. Ex. tutors or Guardians, i.:ust be pub.
j,,, days previous to the day of sale.
The sale of Personal Property, in I the manner,
mm* he publish'd .V u\ pr. -in to the day of sale.
Noti"'i . do *•••?' a i ■ •id.ii'rsof ui estate, must be
pu :.s e '■> o vs.
N.that Ai-nh t:o.i ill !.c made to the Court
of Ordimry. for Ln...\r o sell Land or Negroes, must
be (>• ' lisl ed four ‘ninths.
Notice that Apphc 'tion will he made for Letters of
iVki'm 'trition. must ! >e pu* Ushed thirty days, and
for Ifliers «>*'Ditsfifsoo. *.x months.
JIR. CAf,HOlLVS SPEECH,
ON T11E JUDICIARY BILL.
In Senate—Friday, February 15. >
Mr. Caliioun rose and addressed the Senate. He
knew not which, he s .id, was most objectionable, the
provision of the Bill, or the tem]>er in which its adop
tion had lieen urged. If the extraordin :ry powers
with which the Bill propose ito clothe the Executor',
to the utter prostr.tion of the Constitution, and the
rights of the Mates, be calculated lo Lnpre-sour
minds with alarm, at the r pid pr gress of despotism
in our country; the zeal with which every circu li
st nee, calculated to misrepresent or exaggerate t to
conduct ofCirolin in the co r.roversy. w.,8 seized on
with a view to excite hostility against her, but too
pi-.inly ind cited the deep decay of that brotherly
feeling which once.existed between these .states, un 1
to which wo are ind -hied for our beautiful Fnier 1
system. It was not his intention, lie said, to divert
to all thesf misrepres illations, hut ther • were so .e
so well c#. ciliated to misle \d the min , .s to the real
c-ar ct rofth • co.ttrovorsy and *-oi up the Mata in
a ligiit son tious. that he d,d ot eel hi.nselfjustifie
in permit ing them to p ss unnoticed.
Among them, one of the most prominent was the
false st‘timent, that the object of ‘■’outh Carolina
was to "Xmipt hersel ‘ ro n h.-r share of the public
burthens, vhilosu; participated in the ailvautiges of
t'ne Cover ; nent. F the c > .rg-3 were true—if the
Mate were c .pable of ueing actuated by sucli low
and umvort y motives, mother as he considere ! her,
he woul sot st ind upon t'is floor to vindicate h r
conduct. Among her faults, nd faults he would no
deny she/iad, no on ■ liad ever yet charged lier with
tint low and most sordid of vices—avarice. Her
con Ut'tln >11 occasions, ha- been marked with tne
very ojipisitc quality. From the commencement of
the revdution—from its first areaking out it Bosto i
till this hour, no State had been more profuse of its
bloo! ii the cause of the country : nor had any cot j
tri’ utro so largely to the common treasury, in pro.
po.i o*to her wealth and pop-:1 tion. f-lie h.a in
t 1 f pv-oition contributed inori to the exports of
the Uin out’ oexch nge of which, with the rest
of t!s world the greater portion of the public burden
had ben levied. ‘ ban any other state. No, the cou r- -
v -rs.' was not sunk >8 lias lieen s*. tted ; the State did
idvmt ages of tlie Gov.
erment witbiut contributing her full share to the
pub’c tre sury. Her object was far different. A
dee constitutional question lay it the bottom of the
corroversy. The real question at issue is, has the
Goermnent a right to impose burdens on the capital
an industry of one portion of the coun'ry, not with
a’aew to revenue, but to benefit another; and he
m-st lie p r nitted to say. that ifler the long and
has been en. ! dep agitation of this controversy, it was with sur-
]g-e that he perceived so -strong a disposition to
msrepresCRt its rail character. To correct the im
passion, which those misrepresentations were calcu-
lecd to tnak*, he would dwell on the [mint under
emsidera* ion for a few moments longer.
The Federal Government has, by an express pro
vision of the Coistitution. the right to la)’ du : ics on
imports. The Mate never has denied, or resided
ITT I1E suiscriht r tenders Ills thinks to his custo-
.ifi. mors, thr the lib r 1 p.itron >ge he h;.s hitherto
j-;. Ip-si coi.iln ;ing the business at his old j netrek to participate in t
(taud, know i .is the
FEMXKL 1 '*’ HO^EL,
I- has pure ised t!u cst blistim-nt at present oceu-
,is a !’.rcrn by Dr. TIN LEY, where lie will
reaareii iir the accom.no . -tion of Frnilies.—
st 11 is oil known s being every way eligible.
r x -rtious vill csp re 'to merit a continuance
)f t -i i> ii n>r .1 p ilroiiag , by whic
our igcd thuslo extend his usiness.
JOHN JACKSON.
M .rch 1G—.’£>—tf.
C£IER\>KEE HOTEL,
1.1 MS' CO . tZ«» SE, ^
1 Lu.uimin County, Crorjsia. \
j v (j jt^HI.'.tiiiscriber nis established himself tiii» right; nor men thought pf so doing. The Gov.
"7 " , ,!t *. 1 ‘ place, the present situation 1 omnitnt has, howaer, not lieen contented witii cxercis.
ing this power as i^o lnd -i right to do, but had gone
a step beyond it, bylaying imposts, no ’ r revenue,
, b t protection. Tli, the State considered as an
I'lh rs m coin.ort diui style ; having all the advent a. u .coistitution il exenige of power—highly injurious
ges an.i cmivcnii-nee iiel.vg-ng to a new fettled an d opmvFsiye io her md the other st pic States, and
(tor
fro i
Si .1
the Co rt for Lu np.tin county, 5 miles
ciliier’s 1'oTi, and one mile from ttie Upper
—where i .e ii prepared to accommodate trav-
countiv,
Tiie tr.
ready at
•orr
l.’ii ; /ft
try,
liinifv,
rorvipe
ry effort
such .is
Feb.
o h foi the co .i.br! o' man and beast.—
Tiler in pursiit of information can li ve
cess to all ini]-!, diagrams, &c. containing
and accurate inowl • Ige, not only of the
.’'Oi. in particulr, hut of the Cherokee coun.
;r illy. Le'tt'rs lirected to Lumpkin Court
re received wee ly .1 this place. The pat.,
f the p.i die i : r -»ec'f.illy solicited, and eve.
will i>e m i te to :ive entire satisfaction to
may favor him wit-, e. cal!
VILLI AM ROGERS.
ff—17—lilt.
|fou:i .
klo»-
“Ben
in ti
TO T5SR iPreisHi:.
N the first d .y of this nontli there took place
• irciiicndous storm at Thoinaston, which is
. lo have extender) wide.and far, and to have
ueb damage—o ing t» which the itinerant
iployed to
.ad tiie dr -v
trty l^ittery could •-
:>0
t kc
c -1 rt
it «ist t.
:-vti, eoul l not mvo
t c Union Hotel Prop-
)>t sc on the ‘2d. inst.—
• y-t to dispose of, tiie
vive he drawing when
opnreFsiye io tier nil the otlicr st pic.
had accordingly met itwith the most determined re.
si-tanec. He ii not i.tend to n or, at this time
into t e argu sent, as t the uneo -stitution Jity ot
t o protective system. 1 was iot ecess .ry. It is
sufficient that tiie po vei is no where gratited ; and
tiiat Iron the journals of tic Convention which form
ed tiie Constitution it wovid see -i that it had lieen
refuse :. Iti support ot tiie >urn Is,lie might cite the
statement of Lutner Vartu. which had alre i ly been
referred to to show that the Convention, solar from
conferring tiie power on the Federal Government,
had left to the .Stale the right a impose duties on im
ports, with tiie express view .fenabling tiie several
States to pr tcct their own mamfictures. Notwith-
' standing this. Congress had at-umed, v. itiiout any
warrant from the Constitution, t.e ri'dit of exercising
I this important power, and had i> exercised it, as to
impose a ruinous burden on the d-nr and -lanital of
the st-.tc, by \i .licit her resource --er exhausted
t.e enjoy mots of her citizens cu p ff..; - e e. ,s
ofe iUc.‘.o;i contracte —.nd 1! L r interestscsscn-
. ..c o. thin
the *-*tii;:a i sui.., o
January next; tins
balance of tiie tickets.
Messrs. Saltmarsh & Overton Sari a fine Post
fo:ci. Union Line, to 1< ve M eoi md Columbus,
dii the first .Monday in A• ril next, .nd meet at tiie
Jnion II.itcl in Tlioaias'on. ill roe tines a week.—
■ sale i lid Line n j.st r ,s : ■ j stock an 1 bo a gre it
induce.uent for purchasers who ever indulge in Lot-
1 erics. J. B. BATEMAN, Proprietor.
Thomaston, March 4, 1633—1—cow.JJ.
urio isly a lect.'d.
she vvas.
Wi
ave .jcc.i sneer-
»y
jly .old, tn t sli -wis a small Mat; tint her popu.
most cert illy the first day of lation did not much exceed half stnillion of souls ;
will gi vo himtime to sell tho ( and that more than one half were nok ,f the Fir ■
race. The facts were so. He kneWihe could never
be a gre .t State; an that the onlj distinction to
which she could -spire, must be basec on the moral
a id intellectual acquirements of her sms. 'I’o the
Jove-ope ..cnt of these, much of her ttention had
been uirecte 1; but t lis restrictive syste. which hud
so unjustly ex-.cted the proceeds of lieiU’.or, to be
bestowed on other sections, had so imp.ircd tl:s re.
sources of Lite State, that if not speedily arrested it
would dry up the me ns of education,' and vith it do.
TO THE 1*UHL 1C.
N\> MUCH as tiie Dr.wing of the tnion Hotel
Property Lottery is not co upletcd. it L, due to the There was -mother mis-st tcincut as to tilt nature of
ru lie to I. ive ».;d .i. s ament of facts. Good Ti- the controversy, so frequently made in dcW*. , in( i g0
(ties to prize holders, c,-; not published by the su- well calculated to mislead, that he felt hou.-l to ,. 0 .
porinteudants, till the 6th ay of 1 .st Scptunber, (the tice it. It h is lieen said, tint South Carolii,, C 1 fi ns
^iiue the Lottcr; truly c :,.o before the pultic to Iks the right to annul the Constitution and laWiof the
jlruwn tiie d liii day of Deee.nlier tiiereafler. It was United States ; and to rebut this supposed el m, the
khen postponed till tlic 2 ! d ty of this mo.itli, and gentleman from Virginia, (Mr. Rives) has. pavcly
From casualties could not he drawn. The nroprie. quoted the Constitution to prove, that the Co stitu.
|ct :n tiie first rime given, from the situ .tioi o" his tion and the laws made in pursuance thereof,.Mg t’ ne
lauiily, could not le ,ve Thomaston to sell Tickets supreme laws of the land; as if the State claitnit the
Fill t e ;>th day of December ; an! in the la>t time right to act contrary to this provision of tiie Conaitu.
tom tho duties of offic could not leave till after the tion. Nothing c in >o more erroneous ; her obja t is
Id Monday m January. Titer: ore, he has net had not to resist laws made in pursuance of the Cons.i u .
|iiu!- to sell as many of tiie Tickets as he wishes. He tion, but those made without its authority, and wind,
will therefore make no pology—but still state facts, encroach on her reserved powers. She claims n,]
picov.es tiie amount of the Lottery ; and from the even the right of judging of the deleg ited power,;
position of8o:ne of his creditors, he is compelled to but of those that are reserved, and to resist the foni* r
Itaiio tlie unsold Tickets. To the others, he returLs when they encrotch upon the latter. He wouf;
| many thanks, and could he bestow cash as easy as pausa to illustr ite this import mt point.
[ thanks, he would have them all paid. It is to be All must ad nit that there are delegated and reserv.
right. But it is contended that the Constitution has
confined on the .'supreme Court the right of judging
between the States and the General Government.
F ose who make tins objection, overlooked, he con
ceived, an import nit provision of the Constitution.
By turning to the 10th amen led article of the Consti
tution it will be seen that the reservation of power to
the .at ites is not only agaiust the powers deleg -ted to
Congress, hut ag :inst the United States themselves;
and extends, of course, us well to the ju lici .ry sto
.the other departments of the Government. The irti-
clc provides that ail posters, not delegated to the U.
St .tes, or prohibited by it to the States, ire reserve !
- o the States respectively, or to the people. This
presents the enquiry, what powers are delegated to
the United Mites ? They m-.y lie classed uni nr four
divisions: First, those that are delegated by the
States to cacii other, by virtue of which the Constitu
tion may be altered or amended by thrcc-fourtlis of
the States, when, without wiiinh, it would have re
quired the unanimous vote of all. Next, the powers
conferred on Congress; then those on the President;
an 1 finally, .those on the judicial department; all of
which ire p. rticub.rly enu crated in the parts of tho
Co istitution which org.nzos t ;e ros;>ective -b: -art.
ments. The reservation o s overs to ho tat esc- s
he said, against the wuole, and is as full against the
judicial, is it is against the executive and legislative
departments of the Government. It could not be
cl i ue.i fur i;.e one without claiming i’ for ’ e whole,
and without, in fist, ana-tiling thik i >: or nt provi
sion of the Co istitution. Against this. ;s it ippeurcd
to tm, conclusive view of tiie subject, it nas m—n urg
e tit it this power is expressly conferred on the - n.
preino Court, by that j.ortio-. o tie Constitution
whic.i provides, that the judici .1 power sh .11 extend to
all cases in law and equity, arising under the Constitu
tion, tuc laws o'the United .' talcs and ire ties n .de
under their au . .or.ty. He believed tiie assertion to
be utterly destitute of-.ny foundation. It obviously
was tiie intention of the Covstitn ion si nply to make
tne judicial pc ver commensurate witii the law-making
aid treaty.,n.iking powers; and to vest it with th-
right of applying the Constitution, tne law’s, and the
treaties, to tiie c :ses wiiicii might arise under them ;
and not to make it the judge of the Constitution, the
iawv ;.id tiie treaties themselves. In fxt, tiie power
of applying tiie laws Lo the facts of the c sc, and deci
ding upon such application, constitutes in truth th-
janici.d power. Tiie distinction between such power,
and th-.i of judging o't-e laws, would • e povfjctly ,.p-
pare-it when wo advert to what is the acknowledged
power of the Court in reference to treaties or com
pacts between sovereigns, as was perfectly established,
th.tt the courts have no right to judge o- the violation
of treaties ; and th..t, in reference to them, their pow.
er is limited to the right of judging, simply of tiie vio
lation oftheriguts under them; and that tiie right
ot'judging ot' infractions belongs exclusively to the
parties tiiemselves, and not to the courts ; of which
wo have an example in the French treaty, wiiich was
declircd by Congress null and void, in coasequenco
of its violation by the Government of France. With
out sucli .lector .tion, had a French citizen sued a cit
izen of t is country under the treaty t .e court could
have t ' cn no cognizance of its-infraction; nor after
sue . dee)..ration, would it h-vo heard any argument
or proof going to show that tlis treaty had not oeen
viol .ted
The declaration of itself was conclusive on the
court. But it would be askeu how tiie court obtain
e ‘ tiie | owers to pronounce a law or tre. ty uncou
s.i.utioual, when tiiey co -ie in conflict wi:.i that in
strument ? He did iiut deny that il possesses the
rig.:t, but lie could by no means concern that it was
dcriveu from the Constitution. It u .d its origin in
tlic necessity of the cose. Where there v. ire two
or more rules cstablis.ie.i, one from a liig.ier, tho
otiier from a lower authority, which might come into
a conflict, in applying them to a particular case, tiie
judge could uot avoid pronouncing in ftvor of tike
sujierior against tlic inferior. It was from this ne
cessity, and this alone, that tiie power which is now
set up to overrule tiie rights of tne M ites, against
an express provision of tne Constitution was derived.
It had no otlicr origin. That lie had traced it to its
true source, would be manifest from the fact, that it
was a power which, so far from being conferred ex-
elusively on the Supreme Court, as was insisted, be
longed to every court—inferior and-sujierior—Mite
and General -and even to foreign courts.
But the senator from Delaware (Mr. Clayton) re
lies on the journals of tho Convention to prove that it
was tiie intention of that bony to confer on the Su
preme Court the right of deciding iu the last resort
between a State and the Gei er l Government. H
would not follow him tiirougu the journ .is, as tic did
not .eo n that to be ucccss .ry to refute his argument,
it was sufficient for this purpose to state, that Mr.
Rutledge reported a resolution providing expressly
that tiie Umted States and the States might tie par
ties before the Supreme Court ? He would also ass
him, w.iet ;erit could ie rougiit before tiie court as
the constitution now stin .s ? It he answers the former
in the ariir tive, and the latter in the negative, as he
must.tiicu »t is clear, his elaborate argument to the con.
trary notwit.ist n ng that the report of bir. Rutledge
w m not in substance idopted as ho cont- nded; and
diture It was thus that the policy and justice of I ham! Pennsylvania, which had deserted him under
protecting the large amount of the capital and indus- circumstances which instead of depressing, ought to
try, which Ind boon diverted by the measures of the 1 have elevated him in her eMinution. He came toni’.
Government into new channels, as he had stated, was [said Mr. C. when sitting at my desk writing, and
combined with the fisctl action of the Government, | said that the House was falling tr.to some confiision,
and which, while it secured a prompt payment of the uccompaining it wi Ji a rejnark, that I know how dif.
debt, prevented the immense losses to tho manufac- ticult it was to rail)- so large a body when once Lro-
turers wiiich would have followed a sudden and great ken on a tax bill, as had been experienced during the
reduction. Still, revenue was tho main object and late war. Having a higher opinion of tny influence
protection but the incidental. The Bill to red-tee j than it deserved, ho requested me to s-ay something
theduti swus reported by the committee of Ways to prevent the confusion. I replied, said Mr. C. that'
nd Means, and o: Manufactures; and it proposed a I was at a loss what to say; that I had been busily en-
hcavy reduction on tiie then existing rate of duties, gaged ou the currency, w inch was then in great co-t-
But what of itself, without other evidence, was docis- fusion, arid which, as I had stated, had been placed
ive as to the character of the Bill, Is the fact that it particularly under iny charge, a3the chairman of the
fired a much highemte of duties on the unprotected committee on that subject, lie repeated his request,
tiian on the protected articles. He would enumerate and tho speech which tho Senator from Pennsylvania
•a few 1c ding articles only: woollen and cotton above has complimented so highly, was the result.,
tiie value of 21 cents ou tho square yard, though t hey Ho (Mr. C.) would as!.,* whether tlic facts ttat'-d
were tho leading objects of protection, were subject I ought not, in justice, to be borne in mind by these
to a permanent duty of only 20 per cent. Iron, ano- I who would hold lii-.i accountable, not only for the
ther leading article among the protected, had a pro. general scope of the speech, but for every word and
tcction of not more than 9 per cent, is fixed by the sentence which it contained. But, said Mr. C., in
ict, and of but 15, ns reported in tiie Bill. These [ asking this question, it was not his intention to roru-
rates were ill below tho a#-r age duties os fixed in the diate the speech. All he asked was that he ■ai-’ht
act including the protected, the unprotected, and he judged by tiie rules which in justice belonged to
ve i tho free articles. Mr C. said ho had entered | tho case. Let it be recollected that tho bill w
into ao ae c lcul Lon in order to ascert -in the aver
age rate of duties in the act. There was some un
certainty in the data, but he felt assured that it was
: loss than thirty per cent, ad valorem ; showing
excess of tiie average duties above that imposed
tfie jirotected articles enumerated of
per cent, and thus clearly est i-dis-iing
revenue bill, and, of course, that it was constitution::!.
He need not remind the Senate that, when the me u s-
ure is constitutional, that all arguments calculated to
show its beii‘-‘iciil ojicr .tion may be legitimately
pressed into service, without taking into consideration
S’more than 10 whether the subject to which tho arguments refer lie
f tiie character within the spliere of tho Constitution or not. If, for
pm - ler o ie o.i y source roug i iv uc. s.ie could | that the journals, so f r from supporting, are in direct
aspir. o t is inc ion. . \ opposition to ttie position which no attempts to main
tain. He might push the argument much further
against the power of the court, but iie did not deem
it necessary, at least in this st ige of tho discussion.
!t the views which had already been presented be
correct, and he did not see how they could bo resist
ed, the conclusion was inevitable, that tho reserved
powers were reserved equally against every depart,
ment of the Government, and as strongly against the
judicial as against tho other departments ; and of
course were left under the exclusive will of the States.
There still remained another misrepresentation of
the conduct of tho Mate, which has been made with
the view of exciting odium. He alluded lo tiie
charge, that South C rolina supported tho tariff of
1616, and was ther fore responsible for tho protect
ive system. To determine tiie truth of this charge,
it becomes necessary to ascertain the real char-cter
ct that law—whether it was a tariff for revenue or
0: protection; which presents the inquiry of what
of tiie measure, that it was for revenue and uot pro- instance, a question were before tiie body to lay a du-
teetkn. I ty on Bibles, ar.d a motion be made lo reduce the
laookng back, even at this distant period, with all duty, or admit Bibles duty free, who could doubt that
our cxjieri nee, he perceived but two errors in the the argument in favor of tho motion that the incre is.
■act; tho one in reference to iron, and tho other the cd circulation of tho Bible would be in favor of the
linimuin duty on coarse cottons. As to tho former, morality and religion of the country, would be strictly
he conceived tiiat the Bill, as reported, projiosod a du- proper ? Or, who would suppose tiiat ho who had
ty relatively too low, which was still further re- “dduced it had committed himself, on the constitution-
duced in its passage through Congress. Tho duty, ality of taking the religion or morals of the country
at first, was fixed at seventy-five cents the hundred j under the charge of the Federal Government? Again,
weight; but. in the last stage of its passage, it was i suppose tho question to be to raise the duly on silk,
reduced by a sort of caprice, occasioned by an unfor- I or dn y otlicr article of luxury, and that it should he
tunate motion, to forty-fiva cents. This injustice was supported < n tiie ground that it was an article mainly
severely felt in Pennsylvania, the State, above all consumed by the rich and extravagant,could it bo fair-
others, most productive of iron ; and was the princi- ly inferred that, in tho opinion of the speaker. Con
pal cause of tiiat great re-action, which has since gross had a right to pass sumptuary laws ? He only
thrown her so decidedly on the side of the protective asked that these plain rules be applied to his argument
policy. The other error was that, as to coarse cot- °n the tariff of 18116. They turned almost entirely
tons, on wiiich tiie duty was as much too high, as 0,1 the benefits wiiich manufacturers conferred on the
that on iron was too low. It introduced, 1 insides, the country in time of 'war ; and which no- one could
obnoxious minimum principle, which has since been doubt. The country had recently pa s?d through
so mischievously extend-;:!; and, to that extent, he such a state. The world was at that time deeply
was constrained, in candor, to ncknowlci’gc, as he agitated by the effects of tho great conflict, which
wished to disguise nothing, the protective principle hsd so long raged in Europe, end which no one couid
was recognized by the act of 1816. How this was j tell how eoou again might return. Bonaparte had
overlooked, at the time, it is not in his power to say. htrt recently t-cen overthrown ; the whole southern
It escaped his observation, which he can account for part of thi3 continent was in a state of revolution and
only oh the ground that the principle was then new, was threatened with the interference of tho Holy Al
and that his attention was engaged by another ini- liance, which, had it occur d, must almost necessari-
portant subject; the question of tiie currency, then ly have involved this country in a most dangerous
so urgent, and vvith which, as chairman of the com- conflict. It was under these circumstances tiiat ho
niittee, he wai particularly charged. With these ex- delivered the speech, in which he urged the House,
ceptions, he Lgain repeated, he saw nothing in tiie | that, in the adjustment of tiie tariff, reference ought
Bill to condemn. Yet, it was on the ground that the to be had to a state of war, ,as well as peace ; and
members from the State had voted fbr the Bill, that that its provisions ought to be fixed on tiie compound
the attempt is now made to hold up Carolina as re- views of the two periods—making some sacrifice in
sponsible for tiie whole system of protection which peace in order that: less might be made in war. Was
Ii-os since followed, though site has resisted its pro- this principle false;? and, in urging it, did he commit
gress in every stage. Was there ever greater injus- himself to that system of oppression since grown up.
tice ? And how was it to bo accounted for, but .is and which has for its object the enriching of one por.
forming a part of that systematic misrepresentation tion of the country at the expense of the other ?
and calumny, which has boon directed for so many Mr. C. said, the plain rule in all such cases, was
yean, without interruption, against that gallant and I that, when a measure was proposed, the first t-iing is
generous .Mate. And why has she thus been assailed ? to ascertain its constitutionality ; ar.d, that being as-
.Verely because site abstained from taking any part in | ccrtaincd, the noxt was its expediency, which last
the Presidential canvass ; believing that it had degen-* I opened the whole field of argument for and against,
erated into a mere system of imposition on tho peo- I Every topic may ba urged calculated to prove it wise
pie; controlled, almost exclusively, by those whose or unwise—so in a bill to raise imposts. It must
•jeet it was to obtain the pitronage of the Govern- I first be ascertained that the bill is bused on the prin.
ment; and that, without regard to principle or policy, ciples of revenue, and that the money raioad is nsces-
Standing apart from what siie considered a contest, sary for the wants of the country. These iioing as-
which the public had no interest, she has been as- certained, every argument, direct and indirect, may
sailed by both parties, with a fury altogether unparM- ■ c fairly offered, which may go to show, that, under
leled ; but Much, pursuing the course which she lie- I all the circumstances, the provisions of the bill are*
lieved liberty and duty required, she has met with proper or improper. Had this plain and simple rule
firmness equ ;1 to the fierceness of the assault. In been adhered to, we should never have heard of tho
e ;idst of this attack, he had not escaped. With a complaint of Carolina. Her objection is not against
ow of inflicting a wound on tiie State, through I the improper modification of a bill acknowledged to
him,Mic hud been held up as the author of the pro- be for revenue; but that, under the name of imposts
tective system; audono of its most strenuous advo- a power, essentially different from the taxing power,
cates. It was with pain that he alluded to himself, is exercised—partaking much more of the character
1 so deep an 1 grav* n subject as that now under dis- I of a penalty than l tax. Nothing is more common
.s io.. . ;od which, he sincerely iielieved, involved I than that things closely resembling in appearance
the liuerty of the country. He now regretted, that should widely and essentially differ in their character,
under the sense of injustice, which the remarks of a I Arsenic, for instance, resembles flour, yet one is a
Senator from Pennsylvania, (Mr. Wilkins) excited deadly poison, and the other that which constitutes
for tho moment, he had hastily given his pledge to I the staff of life. So, duties imposed, whether for rc-
dofend himsoh against the chargo which had been venue or protection, may be called imposts, though
made in reference to Lis course in 1816 ; not that I nominally and apparently tiie same, yet differ csseti-
thcre would be any difficulty in repelling the charge, tially in their real character.
but because ho felt a deep rcluctanco in turning tho I Mr. C. said lie should now return to his speech on
discussion, in any degree, from a subject of so much I the tariff of 1816. 'To determine what his opinions
gnitude, to ono of s > little importance as tho con- | really were on the subject of protection at that time,
sistcncy or inconsistency of himself, or any other in-
liviuual; particularly in connexion with an event so
long since passed. But for this hasty pledge, ho
would have remained silent as to his own course, on
this occasion ; and would have borne, with patience
and calmness, this, with the many other misrepre-
hopeti that tiffs indulgence will iie allowed by a gene- ed powers; and th it tlic powers reserved, arc reserv.' [ lt n , Tar . „ . ,0 . co “ n V l 7 at P® 11 ®^ ? The
rous public. Iich s placed the drawing when the ed to the .States respectively. The powers then of w j t j, n amhad jusl ter.mnated, which,
Tickets are sold, or most cert finly tiie first of next the Govern nent are divided between the General an$ verted , Jj’' c ive system thai preceded it, had di-
January. It is the last notice he shall make, un- the Mate Government; and the point immediately tommero.. and industry from
less he draws before that time. The drawing shall under consideration is, whether a State lias any right
be final. to judge as to the extent of its reserved powers, and
It is duo to those who hive bought Tickets to bo to defend them against the encroachments of the Gen-
informed, that the money is in the hints of respect, erol Government. Without going deeply into this
abh Agents, and in the hands of the Treasurer of point, at this stage of tho argument, or looking into
the .Mipcrintcnd infs, who will r *„ rn j t to p„ rc |, !U the nature and origin of the Government, there was a
sere, should the Lottery, by any untoreseen circum. simple view of the subject which he considered as
I stance, not be >lrawn.
The unsold Tickets are offered with pride,
Then come forward and buy,
Or the Proprietor will be nullified,
And you u FORTUNE, slip by.
J. B. BATEMAN
Aj ril 6—3—td.
conclusive. The very idea of a divided power, itn-
plied tiie right, on the part of the State, for which he
contended. Tho expression was metaphorical when
applied to power. Every one readily understands
that the division of matter consists in the separation
of the p -.ris. But, in this sense, it was not applicable
to power. What then is meant by a division ofpow-
r- m r i smUVDf i _ p.. nT , n r rr? He could not conceive of • division, without
FjpHERE has been a Post Of- piving an equalright to oach to judgo of the extent
■<’- -ti. established at the place Of tho power allotted to each. Such right, ho held
of holding Court in Lumpkin County, Georgia; and to be esrenti.il to the existence of a division; and that
all Packages directed to Lumpkin Couuty, Geo, to give to either party the conclusive right of judging,
should be sent by the way of GainesvilJe, Georgia, not only the share allotted to it, but of that allotted
N. B. UARBEN, P. M. ito the other, was to annul the division, and woul'
April 6—3—2t, ! confer tho whole power on the partv vested with such
tomincrco to manufactures, particularly to the cotton
, w< rofien br.uiches. There was a debt at the same
-ue ot one hundred and thirty millions of dollars
- ngingover the country;- and tho heavy war duties
ra still in existence. Under these circumstances,
rj question was presented, to what point the duties
_L’, produced ? The question involved another
j ‘" het tho debt ought to be p fid ? wiiich was
all ( i" stl ? n of policy, involving in its consideration
tiie c 0 Clrcuil »tance8 connected with the condition of
in Civ' m Amon ff t * le ,nosf prominent arguments
the iiGh°di 1 r' eir 'y discharge of the debt, was, that
would [ iave !f,i Which * . would rc, l uire to efre ct it,
the inf m **)? 8am o time tho effect of sustaining
under tK- ufactu **s. which had been forced up
This view of T RUncoa which he hod adverted
determining in f ® ub j ect had a decided influence
debt. Ti,e Binkinl°fi “ ear, y P^ent of the
seven io ten limm* . wa8 accordingly raised fn
apply thcurpin,^* ^ d ? U 5 s ’ wilh tho Provision
ry, ah a con-inaent , nu . ght reiDiin in the Treasu
duties we» jmdMt2i? P ”' ti<mto ^ ftm,!; anf! the
6 edto moot this increased expen-
it would be proper to advert to his sentiments before
and after that period. His sentiments preceding
1816, ou tiffs subject, are matter of record. He came
into Congress in 1812, devoted friend and supporter
of the then administration; yet ono of his first etib'rts
was to brave the administration, by opposing its fa-
sentations with which he had been so incessantly as- vorito measure, the restrictive system—embargo,
sailed for so many years. I non-intercourse, and all—and that upon the principle
The charge, that he was the author of the protcc- of free trade. The system remained in fashion or
tive system, had no other foundation but that he, in a time; but after the overthrow of Bonaparte, he
common with the almost entire south, gave his sup- (Mr. C.) had reported a bill from the Committee on
port to the tariff of 1816. It is true, that he advoca- Foreign Relations, to repeal the whole system of res
ted that measure, for which he might rest his defence, trictive measures. While tho bill was under eonsifl.
without taking any other, on the ground that it was eration, a worthy man, then a member of the Hons ,
a tariff for revenue and not for protection ; wiiich ho ( Mr. Mc’Kirn of Baltimore,) moved to except the non-
had established beyond the power of controversy.— importation act, which he supported on the ground
But his speech on the occasion had been brought in of encouragement to manufactures. He ( Mr. C.)
judgement against liim by the Senator from Pcnnsvl-1 resisted the motion on the very grounds on which
vania. He had since cast his eyes over the speech; I Mr. Me’Kim supported it. Ho maintained that the
and ho would surprise, he had no doubt, the Senator, manufacturers wero then receiving to much protection
by telling him that, with the exception of some hasty and warned ite friends that the withdrawal of the pro-
nd unguarded expressions, that he retracted nothing tection which the war, and the high duties t “ e “ aI *
he had uttered on that occasion. He only asked that forded, would cause great embarrasment; and th~<.
he might be judged in reference to it, in that spirit of true policy in the mean time was to admit joretgn
fairness and justice which was due to the occasion; goods as freely as possible, in order, to diminish the
taking into consideration the circumstances under anticipated embarrasment on tho return ot peace j in.
which it was delivered, and bearing iu mind that the timating at the same time his desire to see the tariff
subject was a tariff for revenue and not for protection; revised, with a view of affording a moderate and jier-
for reducing anil not raising the revenue. But, be-1 manent protection,* _ .
fore he had explained the then condition of tho coun- Such was his conduct before 1616. hhorMy after
trv from which his main arguments in favor of the that period he left Congress, and had no opportunity
measure were drawn, it was nothing but an act of jus- ,of making known his sentiments in reference \o tne
tic; to himself, that ho should state a fact in connex-" nvstem. winch shortly after began to be
ion with his speech, that was necessary to explain
what he bad called hasty and unguarded expressions.
His speech was an impromptu; and as such, he apol
ogised to the House, as appears from the speech as
printed, for offering his sentiments on the question
without having duly reflected on the subjoct. It was
delivered at the request of a friend, when he had not
previously the least intention ofaddressing the House;
he alluded to Samriol D. Ingham, then and now, as
he was proud to toy. * personal and political friend
a man of talents and integrity—with a clear head
and firm and patriotic heart; then among the leading
members of the House, in the palmy state of his polit
ical glory, though now for a moment depressed—
decreased,did he say—no! it was bis sUto which
was depressed—Pennsylvania, and not Samuel D. Ing-
protective system, wiiich shortly
agitated. But ho had the most conclusive evidence
that he considered the arrangement of the revenue
in 1816 as growing out of the necessity of tho case,
and due to the consideration of justice; but that,
even at that early period, he was not without his fears,
that even that arrangement would lead to abuse and
difficulties. He regretted that he had been compel
led to dwell so long on himself; but trusted that what
ever censure might be incurred would not lie directed
against him,but against those who had drawn his con
duct into the controversy; and who might hope, by
assailing his motives, to wound the cause with which
he was proud to be identified.
•See Mr. Cs speech in the National Intelligencer,
Anril, 1814.
Ho might add, tlsav .1 the Southern Mates voted
with a. Carolina in support of the bill; not tiiat they
h -d any interest in manufactures, but on thu ground
tu l they a t supported tho war, and o course felt a
corresponding obligation to sustain those est niish-
inei.ts winch had grown up under tiie encouragement
it had incidental!)’ .afforded; while most of the New-
a ngland incir.bertj were opposed .to the measure,
principally, as he believed, on opposite principles-
/«e had now, he trusted, satis.tic’orily ropell'd tho
charge against tho Mute, and iff seff, pcreonally, in
reier. ee to tho tariff ofi 1816. Whatever support the
state iias given the bill, had originated in the most
disinterested motives.
There was not within the liirils of tiie state, so far
as las memory served him q single cotton, or w oollen
establishment. Her whole dcpencLance wason agricul.
lure, and the cuilivtion of two great staples, rice and
cotton. Her obvious policy was to keep open tho
market of tho world unchecked and unrestricted—to
buy cheap, and fell high : hut from a feeling of kind
ness, combined with a sense of justice, she added her
support to tho bill.- W’c * u<! been told by the agents
of tne manufacturers, that the protection ’ which tho
measure afforded would be sufficient; to which wu
tiie mere reamiy conceded, as it was considered as
a final adjustment of the question.
Let us now, said Mr. C., turn our eyes forward, and
see what has Lean tiie conduct oi' the p irtic.i to that
arrangement. Have Carolina and the t out!; distur
bed tiffs adjustment ? No, they have never raised*
their voice in a fingle instance against it; even
though this measure, moderate, comparatively us it
is, was felt with no considerable pressure on their in
terests. Was this example imitated on the opposite
side ? Far otherwise. Scarcely had the President
signed his name, before application was made for an
increase of duties, which was repeated with demands
continually growing, till tiie passage of the act of
1828. ft h ;t course now, ite would as!:, did it bccomo
Carolina to pursue in reference to these demands ?—
Instead of acquiescing iti them becaune she had acted
generously in adjusting the tariff of 1816, she saw in
her generosity ou tiiat occasion, additional motives
for tiiat firm and decided resistance which site has
since made against the system of protection. She
accordingly commenced a systematic opposition, to „
all farther encroachments, ' hich continued from
‘.818 till 1828; by discussions and by resolutions; by
remonstrances and by protests, through her Legisla
ture. These all proved insufficient to stem tho cur
rent o! encroachment; but notwithstanding the hea
vy pressure on her industry, she never despaired of
reli f. till tiie passage of the act of 1828—tiiat bill of
abominations—engendered by avarice and political
intrigue. Il3 adoption opened thejjeves of the state,
and gave a new char.icter to the controversy. Till
then the question had been whether the protective
system was constitution'll and expedient, but after
that siie no lunger considered tiie question whether
tiie right of regulating the industry of tho states was
a reserved or delegated poa er, but wlnt right a state
possesses to defend iter reserved powers against the
encroachments of the Federal Government; a ques
tion on t:,; decision of which the value of all t’ne re
served [lowers depends. Tlic passage of the act cf
1823, with all its objectionable fcalums, and under
the odious circu ist nces under which it was adopted,
had almost, if not entirely, closed the door of hope
through the General Government. It afforded con
clusive evidence that no reasonable prospect of relief
from Congress could bo entertained; yet tiie near
appro.toh of the period of payment of the public debt,
and elevation of Gen. J ackson to the Presidency,
stiil afforded a ray of ho] s—not co strong, however,
as to prevent tiie state from turning her eyes, for fi
nal relief, to her reserved powers.
Under these circumstances* commenced tiiat inquiry
into the nature and extent of the reserved powers of
a state, and t!*e means which they afforded of resis.
tmeo against tiie encroachments of tiie General Gov
ernment ; which has been pursued with so much zeal
and energy, and ho might add intelligence. Never
was there a political discussion carried on with grea
ter activity, an;! whicli appealed more directly to the
intelligence of a community. Throughout the whole,
no address was iu ;dc to the low and vulgar pas. ions.
But on the contrary, the discussion turned upon tho
higher principles of political economy, connected
with the oper tions of the tariff system, which are
c lcuhted to show its real bearing on the interests of
the state, and on the structure of our political system ;
going to show the true character of the relations be.
tween the state and tho General Government; and
the means whit# the states possess of defending
those [lowers which they reserved in forming tho
Federal Government.
In this great canvass, men of the most commanding
talents and acquircm nts engaged with the greatest
ardor; and the peoi l; were addressed through every
channel; by essay? in the public pre?8, and by speech,
es in their public csscmblics, until they had become
throughly instructed cn the nature of oppression, and
on th; rights which they possess, under the Consti
tution, to throw them off.
If gentlemen suppose that the stand taken by the
pcojile of Carolin rests on passion and delusion,
they are w- tolly mistaken. The case was far other,
wise. No community, from the legislator to the
ploughman,"were ever better instructed m their rights ;
and tb; resistance on whicli tiie state had resolved,
was the result of mature reflection, cccompmicd with
a deep conviction that their rights had been violated,
and the means of redress which they have adopted,
are consistent with the principles oi the Constitution.
But while this active canvass was carried on which
looked to th” reserve power, q their final redress, if
ill others faffed, he sta' - at tre same time cherished a
ho pa, as I have alrei y steteu, that the election of
General Jackson to the Presidency,' would prevent
the necessity of a resort !o extremities. He wan
i .notified with the interests of tho staple states, and,
having the same interest, it was believed th it his
great popularity—a popularity cf the strongest char,
acter, as it rested on military servicer., would enable
him, *-s they hoped, gradually to bringdown the sys.
tetn of protection, without shock or injury to any
interest. Under these views, the canvass in favor of
Gen. Jackson’s election to the* Presidency was car
ried on with great zeal, in conjunction with the Ac
tive inquiry into the reserved powers of the states,
on which final reliance was placed. But little did
tho People of Carolina dream, that the man whom
they were thus striving to elevate to the highest seat
of power, would prove so utterly false r “* their
hopes. Man is. Indeed, ignorant of tbo future; ncr
was there ever a stronger illustration of the obecr-
servation than u afforded by the result of that elec
tion ! Tho very event oti which they liad built their
hopes, lias been turned again 91 teem and tiie vr;y ;n-
dividual to whom they looked as a deliverer, and
whom under that impression, they strove, for so ma
ny yoars, to elevate to power, is now the most pow
erful instrument in the hands ofhis and their bitter
est opponents to put dojVn them and their cause!
Scarcely had he been elevated, whon it became
apparent, from the organization ofhis Cabinet, and
other indications, that all their hopes of relief,
through him, were blasted. Tho admission^of a sin
gle individual into the Cabinet, under tho circumstan
ces which accompanied that admission, throw all in
to corifiisRm. Tho mischievous influence over the
Presid 'nt, through which this individuil was admit
ted into the Cabinet, soon became apparent. Instead
of turning Jiis eyes forward to the period of the pay
ment of the public debt which was then near at hand.
