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POETRY.
IE DECLINE OF THE YEAR.
! there's a beauty in the dying year !
Tis sweet at lonely evensong to gaz.
Jpon yon fading hills—where the thin
haze
ngs like a pall above old Autumn’s
bier.
ese ancient J woods are beautiful in
death,
The brilliant greeu hath left the sjttiv
ering leaf,
And sadder hues are there— and they,
how brief!
ley soon will vanish at old Winter’s
breath.
jere sighs a breeze amid the leaves—
it swells
ir in the shadowy wood paths, like
the peal,
f music on the waters—now it steals
veetly and faint like chime of evening
bells.
is the voice of Autumn!—the low
dirge
jug mournfully w,thin his ruined halls
nd o’er his leaf choked founts—and
•now it falls.
n the hush’d air, like whispers from
the surge.
hose birds whose brilliant plumag®
charm’d mine eye,
Vanish’d when came the piping Au
tumn breeze,
Whose wrath hath ruin’d their-green
palaces —
hear no more their various melody.
lifih flowers have perished o’er the fa
ded earth,
Blossoms of valley and of wood, that
gave
A fragrance to the air, have found a
grw*e
Ipon the scentless turf *hat gave them
birth,
Pale, wither’d year! thy closing hour
h th come!
flow many ere another year goes
round
Shall die, and slumber ’neath the
church-yard mound,
Fcr r o t,unwept,within the voiceless tomb!
thf/gamulek
Tkf finished Rambler has no heart: Thr
(ompanionitvith whom he herds would
■meet, though it were tin apartment in
the charnel-house. He would ploy up
on hit brother’s cojjin ; he would play
by hie jo leer'd sepulchre. —Ur. NoTT.
Moralists have preached men have
•■■jasoned, and Poet* have touched the
• idlest cuord* <>l the harp on this deadly
•, ice- But the sermon of the moralist
ws -men’s argument have been
-forgotten ; and the darkest pictures of
;ie I’.ih have but tnintly shadowed
forth the reality. ‘lt is a vortex of guilt
Tti U c ocean of existence ; the unfath
ji:nible maelstrom of misery, from
-which he who has or.co approached rare
ly return*;—tire urging waves of despair
inpel him on; lie is driven by tbefual
;v which dings around him poisoning
-,'tio fountain of Ids honor and affiecthm,
till hi* oath is considered u fable, ami
hit dream of love is become a bitterness
.*> his spirit. A shadow re-ts upon his
. .itoxicated brain; it clouds tlife eye
„{licit should look within upon his wa
vering and corrupted heart; he bends
’ his ear to the illusive song of the syren
until lie tails at last into the forgetfulness
of the giave.
“ Come,” said I to my friend Angelo
{lmnutond, “lei us take a promenade
£ e . of tlm State House; i:
peat* to be the resort of Beauty; there
are crowds flocking in as you may see
through the trees yonder, at Walnut-st.
gate: shall we not go; We have no op
portunity like this but once in the week;
for the Indies, dear souls, must, as Byron
says “take their weekly gulp of air ;
and the gentlemen gallants, who belong
to the beau rnondt, must accompany
them.”
It was May, in the year 182—Tt had
been a rainy Sunday; but the clouds
had passed, and as they rolled away be
yond the Delaware, over the Jersey
woodlands, a beautiful rainbow had
spread its many colored arch in bright
relief against their dark bosoms ami fea
thery tops, and the landscape had burst
into a smile. Wc stood near the. corner
of the square, looking down Fixtb-st.
The rain drops shone like diamonds on
the fresh leaves of’ the venerable trees
which surrounded the walks, and were
lit up into beauty by the declining sun.
“ Come,” I repeated ; “ I venture to
guess that Adela Craham is already
there with her brother George ; she loves
exercise; and you know it has been her
wont to walk there with you.—You can
take Geo de’s place, and he and 1 w ill
take a turn togellw, leaving yon to enjoy
your angel visit. You surely w ill drop
your long face, and thank me for this
suggestion.”
Hammond was sad and silent. Feme
hidden affliction seemed to have destroy
ed his wonted spirits, and it was in rain
that I strove to render him cheerful.
We had been early friends; had swain
in, and skaited upon, the same stream
in summer and winter—studied in the
same school; we were classmates toge
ther, and came in the same coach from
college. But for a few months past all
seemed changed.—He was still my
friend ; but his countenance seemed, of
ten, when he would attempt to he gay.
to belie his heart. I sought the cause it’
vain. It could not, I thought, be any
thing like disappointment in his early
affection ; he loved Adela Graham—he
was beloved in return. She idolized
him; and they seemed blest in each oth
er’s regard and tenderin'-s. How often
have I marked her pensive blue ere
swim in tears of delight, as 1 told her of
the ardor of his expressions of attach
ment to her, which he had made to
friends. But norv, the mention of her
seemed not to move him; and all my at
tempts at railery did not provoke a smile.
“ Will you do me a favor, lYytoi,,”
at length said Hammond ; “For a litt e
matter I wish to try you. This night
I leave Philadelphia. Where 1 shall eo
Heaven only knows; what will be qiv
fate, Heaven only can tell. We talked
of departing for England and France iu
August. This piust be relinquished.—
Would to God inv heart would permit
me to explain ; to describe my misery
for the past three months! But it will
not. Remember, 1 have lovedyou, Pey
ton ; I have been honorable to yon ; we
have been like treasures to each other,
and I shall never forget you. — lie drew
a letter from his bosom.—“ W ill you
1 give this to Adela Graham to night; note
It is my last request. Give me yom
, hand, iny friend —you have been confi
; dant and companion from childhood up. j
i We may meet agaiu; we may not; but
never until——.” Here he paused :
a tear was in his eye ; he pressed my
hand long and ardently, and drawing
his summer-cap over 1 is brow, turned
again into Cbesnut st. lie w aved his
hand with a lingering look, af>d passed
from my sight.
I entered the square pondering and J
thoughtful; in the expressive language
of scripture, “ sorrow n*. most of all that
1 should see his face no more.” Num
berless beautiful faces and bright eyes
passed by—ami at last 1 met my friend
Graham, with bis cousin arid sister. At
mv request Adela placed her arm in
mine.—l was silent during our walk a
bout Angelo ; but found an opportnty as
we ascended the steps to her father's
house, to present the letter. Fad from
sympathy, and dull from intense curio
sity respecting my friend, I hastened
homeward and sought repose ; but my
sleep was feverish and disturbed.
The next morning all was developed.
Hammond had become a ‘Gamester, he
had neglected his office —his clients had
abandoned him, his hooks had been sold.
He had drawn finin Iris cullers large sums
at once, until all was gone.—and with a
loan front his father, he bad left for Eng
land. llis letter to Ai|ola Graham, as
1 learnt from her brothel 1 , pourtrayed all
the circumstances in a feeling and re
pentant manner. 1 hurried to Cbesnut
st. wharf with the hope o('seeing him; but
the ship had weighed anchor, and hot
topsails could be seen sweeping around
the majestic bend of the Delaware, and
careering swiftly onward, she soon faded
from my sight.
It was in August following that I left
America for England. Mv preparations
had been made, and my enthusiasm for a
long time excited ; and w ith some busi
ness compelling me, I was resolved to
go. A deep regret came over m v spit it
as I reflected that Angelo was not with
me; that I crossed the mysterious ocean
with no congenial friend. How often
had we sat in our room at ll——. with
the window open which looked out upon
the summer landscape, and discoursed
of the pleasures we would share together
in foreign clime. Btrt I was not dis
appointed. There was 100 mwh enjoy
ment to be realized. llad it been, the
reality could not been so bright ns our
ardent fancies coloured it. As I sailed
down the Delaware, and watched the re
ceedhtg spire of Christ church, and the
towuis and sails of the city and its hay,
it seemed as ifcxistenCe had reached that
point,
To which fate nothing brighter or darker
can bring,
For w hich joy hath no halm, and afflic
tion no sting.
Two years had passed, and l had vis
ited Europe. I had sailed upon die
Thames—lutri looked forth upon the
vast infinity ofXoirtnn from the dome
of Ft. Pauls nnd the heights of High
gate ; w ept the tears of an enthusiast in
the cloistered hails of Westminster, and
laughed per force us I trod tits gay
streets of Paris, and looked w ith a Daz
zled eye ttpoii the splendours of the Pa
lais Iloval, anti the lightsome crowd of
the Boulevards. Romantic Switzer
land, and the paradise of Italy, 1 had
passed quickly over ; Iny Wavering sail
had wafted me along the blue lake of
Geneva, and l had listened in the vo
luptuous eventide of an Italian skv, to
! the love-bnfeUiing lute ofsCiLH fair Flo
rentine ori the batiks of the ArtVn. Illy
business w as all despatched, and iny pas
sage to America secured by a friend in
Liverpool, while I was in London.
It was a pleasant though cloudy night
fall in the early pait of September, when
the crowded coach Which had borne me
from London, approached the suburbs
of Liverpool. The air was mild and
pleasant ; and through the blue haze of
twilight I could observe the town, and
beyond, the Mersey and the shipping.—
My place was outside; 1 had regarded
the varied landscape, and w atched the
changing hues of sunset fade on the far
mountains of Wales with a sweet emo
tioa; the thoughts of returning home
inspired me; and! felt glad when the
rumbling vehicle slopped at the Swan
inn, Ft. George’s Road. My luggage
had arrived, was t heady on board the
vessel, and after lea 1 sallied out to take
a view of the city in the hour of evening.
1 wandered unconscientiously from
street to street, until I became bewilder
ed, and knew not in which direction J
was moving.—l at length reached a
square, along which I proceeded, and
inquired of a ragged sailor whom I met,
the name of the street. “ Play-house
Fqttare,” was the reply. I soon repen
ted of iny indiscretion in continuing
further. On all sides were crowds of the
most dissolute nnd wretched of human
beings. Language the most profane
and vulgar assailed my’ cars; fish wo
men, and the loose victims of illicit love
were thronging the pavement; —huge
negroes crying Falmouth oysters, while
drutfken tars were reeling along with
their more intoxicated female compan
ions ; and looking down the hint line of
lamps, 1 thought 1 could observe, throu’
a long poorly-lighted court at the foot
of the square, an entrance to the quay.
In the cellars down which 1 glanced,
there were groups ot beggarly objects of
both sexes, giving loose to drink, music
and dancing. I stopped as I approach
ed a dice player who sat hv the side of
his little table, which was covered with
figured oil-cloth by the way side, and
who was calling loudly for a bid upon
the passers by. The voice was familiar
and my memory seemed to have some
thing like his countenance impressed
upon upon’t. llis face was pale and
haggard. yet noble and interesting; but
hi-. Cress md'c.ited utter wretchedness.
A hold, un.s-jemly wanton had just left
the table ove: which a lamp was shed
ding its flickering light, swearing that
see Irid won elevenpence sterling.
“Fixpense left, by G—!” said the
player to an intoxicated Irish butcher
who came along with a cleaver on his
shouldci; “Come, Barney, give us a
bid on the six.’’
“ Done by Jasus,” said the Hibernian
as he (lung down Iris instrument—^“ Ho
nor bright, by Ft. Patrick : w in or lose.”
IU- laid down Iris money—the plaver
sljook his littie box of dice, and thrust
it violently down—he lifted tiie box;
sixes were turned, and the Irishman had
won.
“Give me mv change,” sail Barney;
“UP have some of Hugh Muffin's gin
this night—come, I'm off to the dork.”
Tiie player refused. An altercation
oiaiiu; bitter wonts led to blows; and
at last with a dexterous and violent
-trokeofhis clenched fist, the player
levelled his antagonist to the earth.
Boiling with rage, he recovered him
self from his fall, he snatched tiis cleav
e from the ground, and brandishing it
aloft,it fell with giant's strength upon the
jd.iyer’shead. 1 heaid Iris fearful shriek
ot murder !—i saAv the warm blood bub
bling through his greasy hat, over his
bands, as his drooping head sunk upon
the table. Horror-struck I turned from
rhe spot, and retraced my steps, my
limbs almost refusing to support me. A
watchman who conducted me wearv
and fa m to my hotel, baw led one o'clock
us he bade me good morning.
Anxiety and confusion left me hut lit
tle time tin: next morning to think of
’hat horrid catastrophe. The ship was
moving out from among the multitude
of sails in the Prince's Dock; at noon
-lie was in the hay, and t was on board.
1 descended to the cabin, and taking up
one of tire morning papers from the city,
! glanced hastily ever it contents. Mv
surprise and regret on reading the follow
ing paragraph, may be conceived, but
cannot be expressed.
“ Police — Sept. 6, 182—,
A melancholy occurrence took jdace
last evening in that den of thieves and
corruption, the Pa y House Square. A
quarrel ori; ‘rated at a dice-table, be
iweenrii’ owner of the board, and Bar
ney, the iri ,ii butcher, vv hose abandoned
habits arc too well known about the
‘■quare and its juirlieus, which resulted
in the murder of the former. lie expir
ed instantly. -No clue can be found to
the name or connexions of the deceas
ed. A woman ot loosff character at
w hose house he lodged, stated that he
came from London about three months
since: that he was an American, and
said “ lie had left a fortune in London
which lie won easy and lost ns soon.”
No articles were found in his possession
save a lock of brown silken hair, enclo
; sed in a piece of fine blue paper, on
i which was written, “ l or A noei.o Ham
mond ;—from A. G ,” The
flower forget me not was also beautifully
painted on the envelope. The murde
rer was tracked by the. city constables
to a steam packet, which left town at
daylight, from Queen’s Dock, for Dub
lin.”
“ Great God !” I exclaimed, as the
whole scene of the past evening crowded
upon my mind in hitler relief against
the memory of my youthful friend—
" Wretched Angelo? once alive, pure
hearted, rich and respected— now, thy
memory tarnished, and thy spirit in eter
nity !
* * •
Reader my tale i< nearly told. When
I returned, Adela Graham was no more
Poor girl; she died of a broken heart.—
Hope, deferred and blasted—love, pow
erful nnd unsubdued, bowed her gentle
form into n early grave. 1 have ming
led my sigh for her fate with die night
wind which moaned over her grassy
tomb : and amidst the, success of busi
ness, ami the smile, which a kind Provi
denoeha* showered upon me, the though!
of that fatal error comes like n cloud
over my spiiit, and when 1 would be sad
I think of it.—Would to Heaven its re
cital might restrain some misguided
youth who ;s taking his first step to vice;
that he might maik the misery which
clujtt** liF path, take to liimsfclf
the admonition of He wise matt :—A
void it; pass not bf it; turn from it,
and^e^iwayd'^^^^FEYTGN.
FOREIGN.
LATEST.I'RGM EbWOPET~
Arte-Fork, Dec. 8.
The packet whip Brighton, arrived
last evening from London, bringing pa
pers from that place to Ist Nov. and a
Portsmouth paper of the 3d ult.
They contain accounts of the surren
der of Varna to the Russians, on the 11th
of October. Some of the papers attri
bute tiie fall of this place to the treache
ry of aonte of the Turkish officers. It
appears that the Captain Pacha, refused
to capitulate on any terms, but JussufL
Pacha, who had liecn employed with!
some other Turks in negotiating with |
Admiral Greig, put themselves under j
the protection of the Russians on the
10th, and resolved hot to return into
the fortress. When this resolution was
known in the town, all the troops that
were under the cdimnand of
Pacha immediately laid down their
arms; and during tire night of rite 10th,
and on the morning of the 11th, they ,
came in troops, with their commanders,
out of the town, to surrender themselves
as prisoners of war to the. besiegers.
After the garrison bad in this manner
dissolved itself, the Captain Pacha, who
with those that remained faithful to him,
had fled into the citadel, requested to
be allowed to retire unmolested with
300 men to the corps utder Outer Vri
one. The Emperor gianted this, on
condition that lie slioul* either take the
road by way of l’ravati or embark for
Hourgas. Tow ards noo Deputies came
from the town, and requested permis
sion to deliver the keysto the Emperor.
Accounts of the operation in Little
Wallachia, on the 4tii of October, re
present the Russians as,successful, alter
two long and desperate battles; the loss
of the Turks amounted to some thou
sand killed, and COO prisoner’s.
[Omitted last week.]
Ext raft of a letter to the Editors of the
Baltimore American, dated,
“Rio de Jam. mo, Oct. 16.
Since w riting mine of the 15ih inst. 1
have been able to get a copy of the ex
tract of the preliminary Convention, i
w hich I now send to you. As soon as!
the English sloop of war Heron arrives
from Ruenos Ayres, 1 will he able to
send you the whole of it.”
Extracts from the Preliminary Conven
tion, Hfc.
The Government of Brazil, wnd that j
of tiie Republic, engage themselves to
evacuate the Province of Montevideo,
that it may be constituted and governed,
as the said Provinces may think proper, j
In two months after the exchange of the
ratification of this treaty in Montevdeo,
the Brazilians will remove, by sea or
land, to their own Territory. The Ar
gentine troops will cross tiie Uruguay ;
fifteen hundred of the former will re
main in Montevideo, and the same num
ber or more of ours, in whatsoever point 1
of the Province, which may lie ten j
leagues distant from tiie residence of the ‘
Government.
The city of Montevideo shall be gov
erned during the period as ir is at pres
ent, and the constry by the Government
of the Patriots; but before four months
frem the date of the ratification, there
shall be chosen a Provincial Govern
ment by Provincial Representation,
which will nieet at the distance before
mentioned from the military forces; and
for their election the citizens of Monte
video shall assemble and vote without
the walls, out of reach of cannon shot
of the Flaza, and without any troops
whatever being present. In four months
at farthest from the installation of this
permanent Government, intervening in
the commission* of tho Empire and the
Republic, for the sole purpose of observ
ing that ftteir respective line of demark
ation he not encroached upon—sifter
which, the Brazilian trooprwill retire,
and deliver the place as it was before the
war. This agreement will have all its
force and value for the space of five
year*, within which time will be con
cluded the definite treaty of peace; but
if, within this period it cannot be ac
complished, neither party shall be able l
to declare war, without notifying in six
months previous, and informing the
Britisli Government. The treaty being
made, and the five years expired, the
Oriental Province can unite itself free
ly either to Brazil or Buenos Ayres—
but if, in that time their tranquillity
should be disturbed by anarchy, and the
lawful Government should implore suc
cor, both parties are obliged to extend
them, and each maintain a force in the
Province until order shall be completely
re-established.
The Oriental Government is not o
bliged to respect functions, or to take
cognizance of opinions or acts, anterior
to the ratification of this Conrention.
The blockade of Buenos Ayres, shall
be raised in forty eight hours after the
exchange of ratifications in Montevideo,
and the vessels of the two parties shall
be notified, within the period already
agreed upon, according to the distance ;
after which, vessels captured, shall not
be good prizes. Limits and other mat
ters will be agreed upon afterwards, by
special treaty.
Rio de Janeiro, Aug. 43, 1820.
* Baatimorf., Dee. fi.
Very late front the Pacific, —The ship
Corinitiifn, Hall, in the very short pas
sage ol seventy six days from Lima, ar
rived below yesterday. The last Peru
vian papers afford the follow ing summa
ry of the latest political intelligence. -
Tim authority of President Fiicre had
been entirely suppressed in Bolivn, by
the Peruvian forces under command of
Gen. Gammara, and the Colombian
troops hail been embarked at Arica for
Guayaquil. The Bolivan Constitutent
Congress assembled at Clutquisnca on
tlve std August lust, and Grnrral Santa
Cruz w as elected President, and Gene
ral Velasco, Vice President. On the
10th September the English ship Por
cupine arrived at Callao from Cobijah,
having on hoard General Sucre and
suite. Application having been made
to the Executive, jierinission was grant
ed him to proceed to Guayaquil, for
which port he accordingly sailed in the
American ship Portia. The Peruvian
Government had issued a proclamation
under date of fuh September, declaring
the ports of Colombia between the lati
tudes of nine degrees ftovth tnd ihrfcc,
degrees six minutes south, to lie in a
state of blockade, to take effect in eight
mouths for Vessels for Etirnpe, the Uni
ted State* and Africa; four months
from Mexico, Brazil and Ruenos Ayres,
and two months Irom Chili and Central
America. All vessels introducing con
traband of war, into the ports above de
scribed, nfier tire expiration of the a
bove periods es time, will be sent to Cal
lao for adjudication ; and vessels touch
ing at the above ports after having been
warned off shall also he sent to Callao
for trial. President La Mar was ex
pected to sail hi a day or two in the fri
gate Prueba for tire north,, to lake Com
mand of the army; and vessels were
chartered to proceed to Arica to receive
the troops under Ganunara, who were
also destined to join die northern army.
An engagement between the Colombi
ans and Peruvians was daily exacted.
\V hen the C orinthian sailed, tire
markets at Lima were glutted with all
kinds of produce. Flour $7 per barrel
on board, and 1 <5,000 barrels ‘afloat.
New York, Dec. 5.
Prom Buenos Ayres and Brazil. —By
the schooner Relioboth, Orne, arrived at
this port, which left Buenos Ayres on
the 7th October, we have received files
of the Gaceta Mercantil arid Diario
Commercial of that place, to the 6th
October; the British Packet of Septem
ber 27 th, the preliminary treaty of
peace, Ac.
The captain of Ihe Rehoboth reports,
that the British brig Lord Eldon, and
tile American schooner llussar, of Bal
timore, were burnt off the Salado, on
the 29th August, by the Brazilian squad
ron.
Great preparations were making at
Buenos Ayres, to celebrate the peace,
and various fonts w ere spoken of. The
Packet says, ihe couutry have had good
cause to rejoice.
The Commissioners who arrived with
the news and treaty of peace, were re
ceived with loud and enthusiastic vivas
by the people.
There had been considerable suffer
ing in Bnenos A vres, uwmg to the scar
city of meat in tiie market, which the
Government had taken measures to re
medy.
Information had been received at
Buenos Ayres, of the insurrection in
Chili, the news of which w as brought to
Baltimore recently, hv an arrival from
Valparaiso. The object of the rebels,
as they were called, was said tube fed
eralism, and a government founded on
federal principles. It ended in smoke.
DOMESTIC.
REaONSiT’E.ArC*i3
To the States in favor of the Tariff—
reported from the Committee on the
State of the Bf public —By Mr. How
ard, of Baldwin.
To the Peo}de of the States in favor of
prohibiting importations, as a policy
for the encouragement of Domestic.
Manufactures :
To preserve the Union of these Ftates
and the full enjoyment of that happi
ness which is secured to us all by a holy
regard to the Constitution, is deemed ’
an object of sufficient magnitude to jus
tify an Address, friendly in its charac
ter, and brotherly in its object, from one
part of the political family to the other.
The people of Georgia believe Ihe
crisis to have arrived, when it becomes
necessary, through their representatives,
to express to you in language of sincer
ity and truth, their views ar.d feelings
upon the great question which seriously
affects the interest of a large portion of
the Confederacy, nnd agitates the feel-,
ings of the whole. It is not for the pur
pose of making captious objections to
the exercise by Congress of legitimate
powers, that we claim your attention'—
But, with an ardent hope, founded upon
the intelligence, virtue, and love of
common country which reigns among
the people, of bringing the public ser
vants back to that republican simplicity,
in the administration ot our affairs
which marks, sustains, and adorns out
political institutions, and is the only
safe guard to liberty. The nature and
extent of our political associations can
not he misunderstood by any one who
will discard sectional interest, and dis
pel from his mind the mists and preju
dices produced bv its deceptive influ
ence.
That the relation in which we stand
towards each other, may be distinctly
understood and acknowledged, it is on
ly necessary to review onr several situa
tions previous to any political alliance
with each other. From our earliest
colonization we wore of kindred blood, 1
and kindred in principle, and close con
nexions in pure love of liberty—our pri
mary political connexion had its origin
in the oppressions of the mother coun
try—we resisted aggressions upon our
unalienable rights, ami with a fervor
that thrilled through every heart, joined
our fortunes, our lives, and our sacred
honor, in the declaration of our inde
pendence and the achievement of our
liberties. Providence hallowed the un
dertaking, and victory sealed our tri
umph ; and each of us was acknowledg
ed a free, independent, and sovereign
State .
To secure the blessings of liberty to
ourselves and our jrosterity, we formed
that Constitution, against the provisions
of which no Ceorgiun was ever heard to
utter h murmur of complaint. It was
by that Constitution we expected to be
governed in our relations with foreign
governments, and with each other as
States, or independent communities.—
The peojrie of Georgia wish neither to
deny or to Withdraw any power which
they have granted. They love and ven
erate the Constitution, as they believe a
tenacious adherence to it is the only se
curity to the prosperity, the liberties, the
glory and the happiness of all the Ftates;
and that upon its perpetuation, in its na
tive purity, the principle and progress
of free government in the whole world
depend. In the legal exercise of the
power* conferred In that instrument,
there is not a dissenting voice in Geor
gia—hut it is the misconstruction and
abuse of those powers that is sought to
he redressed. The sovereignty of the
Stale Governments was never intended
to be given up or impaired, in any other
manner than that expressed in the Con
stitution, and w as retained and cautious
ly guarded, both by th e limited and spe
cial grants of pow er in the Constitution,
and by the ins-ificn in that instrument
of the follow ir.g articles—“ Ae w,itine
ration in the Constitution of certain
rights, shall not he construed to dispar
age others retained by the people.”—
And “the powers not delegated to the
United Ftates by the Constitution, nor
prohibited by it to the Ftates, are re
served to the Ftates respectively, or to
the people.” These articles were in
tended as express limitations to the
General Government; and explicit re
servations to the Ftatc Governments of
©Very power not granted. The lan
guage is too plain to fail ill expressing
tiie object of the Convention. It can
not then he believed, notwithstanding the
warmth and earnestness with which it
has been contended, that the Ftates as
sented to any power being given to the
National Government, but those which
were expressed and those which were
strictly necessary and proper to carry
such expressed powers into effect.
A system of measures not contempla
ted by the Constitution, have been a
dopted and pertinaciously pursued by
Congress, having for its object the im
provement of particular parts of the
country, and the advancement of sec
tional interests. These measures, of
whatever kind or character, are justly
objectionable—as they can only be sup
ported by forced constructions of the
Constitution, and are partial and oppres
sive in their operation: among them
may be included that system, which has
been in progress for years, of levying
heavy duties to exclude from our ports,
many articles of general commerce, for
the purpose of encouiaging and protect
ing the manufacturing interest, in ex- 1
elusion to tiie other great branches of
industry.
If it were inexpedient only, oppress
ive and ruinous as it is to our interests,
we would not use this method of oppos
ing it. The repeal of the measure would
be sought in a different way; but w hen
it is an open and violent infraction of
our Compact, we have a right which we
will never surrender, to demand its re
peal. It is not presumed, that you will
continue to confide in those who perse
vere in the exercise of a power which
has never been granted them—ls it has
been granted, it is open to public view ;
there are no secrets m the Constitution
—but for the authority which it confers,
the National Government would not ex
ist. Its pt*ver is basted upon the Con
stitution alone, and has no auxiliary—
Where then, we may confidently ask
you, is the power granted, either express
ed or implied, either in letter or spirit,
to pass laws to create, extend, and to
protect a particular l#anch of industry
to the prejudice of other interests of e
qual advantage to the Nation 1 It can
not be denied that this is the effect of
protecting duties, and that it was intend
ed to be -the effect, as prices of all ar
ticles upon which duties are paid are
obviously enhanced to the extent of the
duty imposed. Is the right claimed by
Congress fairly derivable from the pow
er granted to levy taxes, lay imposts,
&e. The object to be obtained by this
power is very clear—it was to enable tiie
government to raise a revenue to defray
expenses, indirect taxes being consider
ed a better mode of raising funds than
and rect, because they bear most heavily
upon tiiose who have most ability to pay
them. That power was likewise given
to Congress to prevent the injustice
which would have resulted to the non
importing Ftates, by paying their indi
rect taxes into the coffers of importing
Ftates, and at the same through direct
taxation upon their people, to furnish
their quota of the’disbursements of the
government. It was not in contempla
tion of the framers of the Constitution,
that a flower to raise revenue should be
exercised to destroy it. The Conven
tion of llarrishurgh, who met to goad
Congress to the late desperate expedi
ent for the establishment of the mono
poly of the manufacturers, knew full
well, while recommending an increase
of duties, that a decrease cf revenue
would be the immediate, and the annihi
lation of it, the fnal result, if their w ish
es were accomplished; and gave occa
sion to the subterfuge used in Congress
to evade the question of Constitutional
power, by rendering it impracticable
for the Judges of the Supreme Court
to ascertain the true object of the act
passed, without looking to the motives
of its advocates, which unhappily as it
regards this act, they do not consider
themselves authorised to examine.
The Constitution declares that the
imposts shall be uniform throughout the
United Ftates. That declaration was
intended to protect the States from any
partiality and advantage which might
otherwise have been extended to one
quarter of the country, by making the
imposts greater at one port than another.
What is the difference in effect, if you
insist through that power to levy such
excessive duties as will give the inter
est of one part of the community, an
advantage over that of another ; though
that end is not accomplished liy impos
ing greater duties at some ports than at
otliers, yet you desire to attain the sqpie
object by their excessive imposition and
increase.
Is the right to protect manufactures
claimed under tiie power to regulate
commerce ? It is true Congress has the
power to regulate commerce with for
eign nations, and among the several
Ftates, and w ith the Indian tribes. This
power was given to enable Congress to
carry into effect the commercial treaties
with foreign nations, and render them
uniform throughout nil the Ftates to
save the perplexity which would have
arisen by each State retaining the pow
er of making its own commercial regula
tions with foreign nations, nnd with the
States, which without such a grant of
power would not hate been effected.—
That clause was never intended to vest
the tight, nor can it he legitimately in
ferred fioti. it, that Congress had the
power of legislating upon the internal
concerns and interest of the people of
the several States. It was only intend
ed to regulate our relations between the
whole of the Ftates as one body, and
foreign governments, and our commerce
with each other as Ftates, or independ
ent communities. If under that grant
of power, the right of passing law* for
the protection of manufactures can he
justified, a continuance of the princi
ple, and an extension of the practice,
will lead to the entire extirpation of the
very commerce which that clause was
inserted to regulate. If it be your in
terest to lay such interdicting duties a*
to ev-ludi- oqe article, by ft** :i:Je
yon may evcttulc , .-mt * *,
! excluding Until you completely inhibit
tiie importation of every sj-eciis of f< i
eign manufacture. Should yen ci n
tiune to claim the right of c xciudir.g all -
articles which it is your interest to man
ufacture, you will i.ot, nor tat:t.ot fit
liy the same right to other sections of
the Union. \\ e might upon cur jar*
insist upon such a duty on sugar, mni,
and molasses, as te> prohibit the in per
tation of those articles; red thongfi v.r*
might i ot l e able at once to furnish a
sufficient supply for tho consumption
of the whole l nion, it would l.e no de
cisive argument against us, sinreit R
always m our power to retort ujion you
the favorite answer of the manufactur
ers—“ It is tree we cannot at present
furnish what is required for the tot.
sumption of the nation, and the people
w ill pay higher for these articles of ne
cessity ; hut give us onr own juices long
enough, and we shall furnish them much
cheaper than they are now a Abided, to
the great benefit of the country, anti
the encouragement of American indie
frv.”
Other sections of the country having
the same right, would rt quire prohihi
tory duties iijmiii their favored product ’
or manufactures ; and if protection he
granted to ell. as justice requires if
should lie if granted to any, the infer
ence is irresitable that the commend
with foreign nations so far as regards
their importations, would lie at an end;
it follows as a necessary consequence,
tlrat all foreign commerce would he en
tirely cut off. Money is only the me
dium of exchange, and no nation will
find it to Le her interest to buy our ex
ports, unless wc receive theirs in return.
If the system cannot he justified iu
general, upon the principles of onr gov -
ernment, if cannot he in part —it is not
reasoning upon extreme cases, and if it
we re, it is not an illegitimate test of
constitutional principle.
Whenever a power is exercised by
Congress, which is not granted, it is an
assumption of authority by that body,
dangerous to the liberties of the people,
since every assumption of power is
act of despotism.
The intention and letter of the Con
stitution, were to prescribe within cer
rfefined limits, the power of the Gene
ral Government, and not to consolidate
the power of the State sovereignties.—
If tiie latter was the real government,
no matter how arbitrary and parti:*-*
might be its measures, they would nev
ertheless be the law, as the majority
would ride. But while the Constitution
is to regulate the power of Congress,
any act which is in contravention of
that instrument is illegal, and not bind
ing, even though it may have been pass
ed unanimously, and twenty three out
of twenty four Ftates should assent in
it. “To provide for the general wel
fare,” is an expression in the constitu
tion by virtue of which it has been con
tended, that any law would be consti
tutional which, in the opinion oj Con
gress, would redound to the general in
terest. From an inspection of the in
strument, this, so far from being a grant
of power, is the designation of one vh
ject to Le rffected by powers specially
and distinctly granted in the Constitu
tion. Tiie Convention never intend) and
to grant power by this clause ; if it had
there would have been no nee.d of any
other article in the constitution —If it
were standing alone, and received the
construction given to it by those who
claim unlimited concern for the nation
al councils, it would of itself render ev
ery article in that instrument nugatoi/
—lndefinite in its extent, it would give,
if it gave any thing, unlimited authori
ty. Establish its claim as an authora
tive article, and it will justify any thing
and every tiling which Congress might
pretend to believe would promote the
general welfare.
The interest of one Ftatc was ncv< r
intended to be sacrificed to that of tin*
others—Climate, soil and customs, hnv
prescribed different occupations anil
pursuits suitable to the situation and
condition of each. Jf it he the interest
of any part of the confederacy, in man
ufacture, let them pursue those voca
tions in peace to w hich their genius and
circumstances direct: it is not though
expected that they will by legislative
enactments, continue to require the ag
riculturalist to make sacrifices to en
hance the products of their labor. Such
pretensions are foreign from the sjririt r f
the compact. We have as much right
to lay a prohibitory rimy upon the Log ~
horses, and mules of Kentucky and
Ohio, to promote the encouragement of*
raising those animals, as the Genrr;!
Government has to prohibit lorcign
goods to promote the manufacture of
them in a particular section, or that Ken
tucky should vote for a duty on bagging
to compel us to pay a greater price fi r
the article. The whole prohibitory sv--
tem is founded in crior, and humanity
weeps over the fading patriotism of
those who sordidly pui*u; their own in
terest at the expense and utter sacrifice
of the holy principles of liberty and do*
Constitution.
The people of Georgia are fully sen
sible of the impositions which are (leap
ed upon them by the extravagant tor
structions and perversions of the pow
ers delegated to the United Ftates, and
regret that they have causes of com
plaint too well founded to he removed
by argument, or to he softened by ex
planation. Let us recur to the induce
ments which were lield out, the great
objects to be attained by our jioliti'-d
connexion. The Constitution was a*
dopted to lortn a more perfect i;nitin,ts
tablish justice, ensure domestic tran
quility, to provide for the common th
fence, promote the general welfare, nra
to secure the blessings of liberty to our
selves and posterity. Can it b nrii!
that the anticipations of oq; ffirc-f.itlit r*.
who looked to effect tin.'*! object shy tic
instrumentality of the Coinaimtkm, re
realized, when om interests are naff
subservient t& h growing monopoly, J*
justice established, when we are requo
ed not only to buy the products of .
t labor at your own price, but to sutler L’
the same compulsory arraugeuit at tU
loss of a great market, ami a deprt-t
tion of pi ice for bur own ? I* it icami
able to exjiect a more perfect l-roall
- the interest of a >ition of tbs’
Union is wholly disregarded, and i
ihe subject of depredation by the “ lie.
part ? Can tranquility he ensure ‘ >-
mong a people wlirv arc reminded®*
their injuries and oppressio:i*-by re; ‘ - 1
*cd inftmyticr.jc-f U:wrcvq'*end