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SltS IrAYNAll MOK-E.
-few per-oit* •!**« enjujui a higher dc-
{ it. i»f public esteem and Veneration *" an
/l.i« excellent uml jruiiiigursl’cdludy*
* 1% Hw iiie 9 sli« mitgHiW'wl notice t»y h
brilliantdisplay ol ,rtlen '> " nd Wu *
bv ,„„r„d widt the acquaintance* ol
Johnumi aiiil ""'ke, Ill Reynold* and g»r-
r irk *inl of many other highly ominei.f in
dividuals, who equally Appreciate her am-
aliir qualities mui 'hoc SUIteriOf inndltict.
But, uiiihtf a duop cctiviciii *. ibat to live IQ
the glury ol God, ami to ii« good ol our
fr-ll-iw creatures, is the gteal nlijerl of Itu
Ilian cx,»tfirec, and I lie uuty one wliir.li can
being punce at ihe last, she quitted In the
prime of tier days ibe blight ctfcles of tush*
Ion ami literature, ami, reluming into the
neighboihooil of Brjfurl, devoted liorscllto
a tile of active Christian b»!W*Oo!cocM| and
ami to iho coinpnailioti ol vaiiuua woiks,
having for their object tint religious ini-
pruvernetn of mankind. Her praclicnl con
duce beautifully exemplifi'd the ipoial en
ergy of her Christian piinriph-s. She was
tlio delight of a widely wended ijthero of
ft loud*, whom she chatmed by lior mental
potters; edified by her example, and knit
•iotely to her in *lf -Clion t»y the warm h
and const.mev of her friendship. Sue liv
ed and walked in an uliiiusphere of lovo,
and it was her delight’ to do good, Ihe pool
for many miles round Her fell tho influence
of her unceasing hqgevoloiice, and her nu-
niernat schools attested her 7.eal lor die
. iinprovemniii and edification of the rising
generation- In these works ol faith and
charily, alto was aided lor a long couise ol
years by the coucuring elfoits ol lour aiders
who lived with her, who regarded her with
: ■ mingled feelings of admiration and Blfeclion
and towards whom her conduct wa* evoi
in nkeil by the kindest nnd most undenting
consideration. It was truly a sistethood
animated hy ull the social . and hospitable
virtues. Mis. Il.innah More’s last illunss
was accumpaiite.d by feverish delirium, but
Ihe blessed itifliiencu of Christian habi s was
• strikingly exemplified even under tho docay
of extrome old age nnd its utiumlant conse
quence*. Not soldorn she broke forth into
earnest prayer and devout njuculntion, and
invar.ably met the affecdouaie .t enuous of
(ho fiieuds who sedulously watched over
■ bor sick bed, by unceasing and most expres
sive returns of grateful love. The writer
b 1 'this tribute to bur memory saw her only
tlio day befuro Itnr last seizure, when she
. expressed to him io a most impressive man
ner the sentiments of « humble nnd pent*
lont believer in Jnsus Christ, assuring liim
that site reposed Iter hopes of salvation on
bis merits alone, nnd expressing at the
sumo time n Aim and joylui reliance on his
unchangeable promise*. In her excellent
Writings sbo will live long, uot only as one
ol the brightest ornaments of har sex, but
ss the benefactress of bur specie*.
PRACTICAL ILLUSTRATIONS
OF GOLDEN PRINCIPLES
Honor—after Having .bused tho confi
dence of an excellent friend, upon being re
proved, to challengs nui in light a duel, and
•hoot him doad ill hi*0*1. itnor, because he
rilio ioit 10 accept die > -allonge olfered.
Jusrtce— to pit'll., down the "Run
f ir ah ile'iis contracted b> gnnrolnig or
Other 01 impaled habits; and lake Ihe bane-
lit el i . I evolvent low* tor the rest.
TuMPmtsNCR—io pioscrtlie certain rules
0 n.i , v,i„iiioi.s, for the prnctice of out
n.rg/iViurs; 48‘t 4tye 11 P ‘he rein* ol gov-
oin■ i • -, in on inert appetite* and .lesim*.
Vo‘UK— 'lift Having d- voted at least 30
year, o vice and dissipation, reckiosj
of i ii..i >c ei, Irieuds or lo* 'one, in acki.owl-
edge the etrois ol such a hie, without re-
tnlvmg to amend it.
Charity—to senrcli diligently lor all the
enbi*,and in Mitring* ol oOr neign-'Onrs, nipt
th n publish niBtn.in CAPITALS to (lie
w-ti'l'i; adding.a liillo slaniie- and mi.re
present.iliotl a' the sumo time crowding out
, o.vii to the collin ol omcoalmetti, to bury
(hem deni} in tho grnve of forgetfuloos*.
Useful Knowledge....to he well versed
in tan i -. .mnnnoln arts ol the day; such as
dressing, drinktug, curd playing, a'*' 1 dt*»i-
paiiiiii'generally, ton tedious to designate;
to the entire neglect of all mooiul improve-
gtn.'i.
7ruth—nny tiling that will screen us
from'justice, or rum the character ol ooi
fellow oi in whom wo envy, nr suit our con
tracted vtews, ours -Ives being thu judges-
MARSHALL NEY.
•*Ney bad seen with indignation the ene
my sally forth from their ramparts, crown
a redoubt erected in haste, and bravo the
eiforls ol the Frooclt soldiers. The corps -
do siege was composed of troops parti i
from the army ol the Rhine, nnd partly
^rynj that ol Saoibreel?meU*e. Anxious to
show the former how to fight, he assembled
a lew dragoons, saw that the horaes ivc-a;
rough shod, so that they could not slide up
on the ice, and begged a lew votjgeiiis
from the rhief-d"—battalion Molitor. ,1
am going,’ lie said, ‘to *hew you a trick,
al'nr the nnmit-r of Sambreet • Meuse.’
Having pul hi* vulligeuts in morion, the*
attacked the redoubt in front, whilst In
. git on the other vide and brought up hi*
dragoons ngnint the oat* i defended; Inn
the latter hesitated and dated lint to follow
' him' sn that he panetr i'eil alone m the re
doubt. Surround,id hv the eneuv, single
ban h*d he cut bis way through them, re-
' eros'sed tllto* ditch and esgnped under a
thmver of balls; but lie reediv.-d i woiinrl
in his Writ) -the pain (if which was increased
hv rlip motion of ilia horse. A species ol
tii k-i ill Hiisueif; 'and lie became restless
»nd desponding; *t*one moment under the
etcite'iieiil of binning fever, at the next
weakened hv the sn tiering* he endured; lie
yetnXed all surgical aid. His friends, un
easy at the strange torn hit disorder had
tike i liirupon an expedient In bring him
to hirt)sell-—Having assembled tho nt'isi-
ri-in* and vimng guts of dm village, with
Kh bar aaid the teprcaeipntivo Merlin a
tti.-ir he i.l, i|„> v all went in procc*sion lo
NuyVqear'er and danced ttie tar-iiidnlle
rnund ip* h...|. -The noise was at first un-
jileissnt to him, bat by d.-g,e,., he joined
J" "e hdarttv it occs.iom.l. He then
leughed at In* gloeiav thonglp,, R , lve
nn hi* arm to the surgeon*; hit niily uuea-
t ne«t being now about the leng'.li of lime
h-se.ne would lake—In* only anxiety th.t
•f liiiowiug how S ion Imshuuid be able „
mu and face tho enemy. Being inform
ed tliul lie had beie»< tppwnii'J general of
brigade, ibis promotion was oulv a source
of uneasiness lo him. He did uot think he
had done-enough to medi. that .rank, and
wished lo leave it it> to those who, as he
said, hud butter claims than hi*. In vsie
were his scruple* Ihoghed at—:tt vain wns
lie urged iu ucc^i tim promoiiou; 11 wa»
i»n|)f)NM -lu io tliuice hi* resistance or over-
cot tie in* mddcifiy.—Mtmoirs. v
FOttElttN
[iiy l..e. Docent Uroum ]
From tin New York Uady "Adv. Nov. 2.
FOUR DAYS LA I Eft
FRuM fcAOLAND.
Our pilot boat readied ihe etty last eve
ning, having boarded the packet ship Silas
Richards, Capt. Bursuley, outside; which
ship sailed front Liverpool on the 2i.ti
Si'piembei. By her tho editors of the
S> w York D uly Advertiser have rucivca
copious files from Livm pool to the -Oil),
and Lundmi to site 24ili inclusive—togctlic
witit the latest l’rtces Currents and Ship
ping Lists.
The uews fiom Lisbon is only tr the
T2III—uni so I lie by two days ns our cor
respondent's letter from iliut city; but some
details are given which we deem important
and which we give bulunr. All accounts
seem to agiuo that Don Miguel has made
•vetlure* fur a settlement, and that it is
impossible lor Goner.u Booriu.mt to cap
lure Lisbon. The Portuguese Stock ere-
ated by Dou Miguel had tsllen in London.
Tim news from France, Germany, Rus
sia, and the Comment, isefa most pactlii
character.
The Cotton Market m Liverpool was in
a very l.iugmd state, an . the sales unusually
sot ill.
PORTUGAL.
Capitulation of MursUtil Uowmout.
We liave just learnt that the Echo brought
intelligence that on the lltli m>i Marshall
Uourmetit sent til ID Anicius of capituia
lion, which Dun Pedto rejected, suiting
turn he would promise limiting more titan
Unit Don Miguel’s tile shutud Uu spared
Upon litis Lord iVillium Russell was ap
plied to, and un ms representations and ad
vice to Don-Pedro, it is believed that urli
ties of capitulation worn signed, as the
Echo was imiliediiiiely sent to England
with dispatches lor his majesty's Govern*
ol,ml. As the Echo lull thu Tagus fiag*
were (lying, uud other testimonies of jauit-
lie rejoicing were manifest. Should tins
nows prove correct, of w ich we have no
doubt, the arrival of Doon.i Mari. in Lis
bon will miisoniniatu the peace ul Portugal.
/' om the Cornabiaa Ojfcc.
We h vo just been tavauren wita lit*-
following extract of u lettoi, icteivud Uy a
geuiieiimii in this town from Ins correspon
dent at Plyiuouln, and d;i,ed l.isi evciriug.
. .."('he otlicurs ot the Echo repotr that
the b.mtu of the Dili was very seven, but
thu Migjaltles were rupuisen, arid on me
II in, Uouiiiioiu sent in liltuuo Articles oi
Cumulation, wlticii Peuni rejected, su.tng
that Itu would promise only Ural his oroin
ei’s life should be spare II,il Lord Wd
Main Kassel/ miui lured, and soon alter me
Enio Was despatched, and the uliicur*have
no doum that the captiululton hud been
ugned, us (lags and other marks ol rejoic
ing were mauilested as they were leaving
ue Tagus ”
UDSSA TJQM Ol'UOS THAI IKS
IN POKTUAAL.
From VVoormer’s Exeter (iazo te.
Wo amp rne pi ess fb>- ne puipusu ol an-
nouuciiig ntformaiion wo have just neon la-
vuured with by a genii' man direct front
Pty iirouth, who obtained it front Iho olficer*
on boaru tho Eclto.
lie states that General Buurmom uud
Don Miguel had made propostlions in Don
p.,iird and Lotd William Russell,our 1’ie-
iiipotonliary nt Lisbon, lor an amteabiu tet-
itiumtiou of ilin contest.
Lord Russell did not consider himself at
liberty to consent to tlir>se |iiO|iosition»,
without the authority of the English Gov-
unnoui and on that account the Echo si Milt
er was iinmmlinteiy dispachnil .otitis coun
try, (hat a stuteuiens of tile terms piopused
uy Don M iguel might ho laid beforuitie,
Bitfisli Cabl e-; mid fltereicro. u i ii n.iti.i
swer is tetarued lu our Ambassadm, there.
will be n cessation of hostilities.
Immediately on the arrival of the Echo
at Plymouth, an express was despatched lo
London. Don Miguel is understood lo
have made six proposions....lhut hit estates
shall he reserved to him; that the jiast shall
tie forgotton, and his uoiicioots protected,
&c.
The French General, Clouet, one Of the
coiniiiatiders iu the Miguolite army wast.il-
led in the liattlo of the 5th instant.
. A* the Echo passed flporlo, tlio wntei
was qmfe discoloured with the port wine
which had flowad into Iho sea in streams ;
thirteen thousand pipes wi-ro said to have
been destroyed.
Our iulorinant who is a most respectable
merchant connected with Oporto, state*
that tint truth of litis intelligence may be
relied on.
Correspondence of the N. Y- Daily Advertiser.
LA TKS T FliO U LISBON Di
li EC /’.
Lisuon. l-l'h Sept. 1833.
You are nndooht aware, crothis t o iclies,
of llm attack on this city ou (lie 5th ins',
liy 10 to 12,<>00 men of the Miguclite nr-
,»V, meter (be French General Bourmom
and although our lines were not comnlutud.
they wore thorouittly repulsed, ns Invo ev.
erbnontho ctse whenever they have on-
countere | the comMutionu' sis. They have
cut olftlie supply of watnr which comes to
the city Ihrongh (he acqtieducf, hut they
h ive but hnlo annoyed the inti thititms m
thisrespect,ns the number ol public and pri
vate walls uud cisterns piovo to bo qui'o
sufiicieut for ihe coiisumntion, besides the
mat* engaged to bring supplies of this ne
cessary liquiJ from thu Sooth side of the
Tagus.
FRANCE.
Paris |xi|)pr* of (he 21st announce tho ar
rival of our minister, Mr. Livingston, in that
city.
It was computed that the removal of the
0 relisk from Thebes to Paris, which is
now prosecuting, will cost two million and
a half of francs.
A Koval Ordnnnance was signed on the
20.'i for increasing rile .ir'ilbwv trnhi eleven
1 • fourteen regim u ni*. Thi* 'however is
not regarded as any warlike indication.
Ptiii, Sent. 20.
It is qtli'n rcr'uib that there has her
n-Serious altercation between Louis Pit':
ip and M. dn Bruglie, on tbe subject ol
dtplomaiic correspondence carried On by
tiro King without the participation of (h<
Department of foreign Affairs. M. rh
Broglie ha* even tendered his resignation,
but he has been retained by the solicftaiiiW'
of several Members, one of wltora was M-
Guizot, who considered this act as the
signal for the'dissolution of the DoCttinairi
oiwT •' ’
Ministry.
Southern Patriot! 1
POLITICAL^
the Fanatics.
The Northern Propagandists are still at
work. We have received Whittier's 4 b No
of iiis "Ami-Slavery Reporter,” issued
monthly at New York—and thu pamphlet
copy ol an "Address of the Now York Ci
ty Anti-Slavery Society,” in 46 p»g"»! —
\Vu have reasons lo believe, that these and
other incendiary publications Itavo bum
struck iu I irgo quantities, for general dis
tribution f.’irnugli the South . Thc«ii fu>
nalics ate frols, or knaves, or tio:h. Whit
tier is mail enough to |>resa an immediate
abolition, at tlio hazard, as he confesses, ol
dissolving the Union! Ami tit - New York
addiossers insist upou tlio abolition-id the
District of Columbia, as "a measure with
in the power of Congress, and Se manifest
ly ensy, and safe, th-it il ought not to ho de
layed anotlior_yi nr.” And this is only to
interference in this subjeer and lbo instant I laws to be delivered to the proper euthofi-
ii seriously touched, the Udion'is divide'ties for trial? We fear, greatly
I, and a war of extermination commenced,
he editor of the Augusta (Ga.) Chroni
a says: Let «’movement tic made there a-
oainet ctMfly, ere shall feel it a sacred
dt^j^y|jfinte,at once a dissolution, of the
UnlonTnofahow the people of tho South,
he absolute necessi ty of surh a measure, as
(heir only remaining means of self prefer
oatUn.' Tlio whole South avows tho sen-
triueut, and we cannot pretend to censure
■hen>. When tiro Nor/h would place the
torch and knife in fire hands of the savage
4t.d brutal negro of the South and point to
his masier In satiaft; his thirst for blood, and
Ids mistress to gratify his brutal passions,
fiiev ought to stand by their arms. Let
the sober-minded abolitionists, if there lie
such an one, think of these tliiaf*. Let
them remember, that Philanthropy does
not come in this tiger shape, with her heart
hot for murder, end Iter hands red with
h/ood. Let them see the horrors tliaf fol
low their steps, and pause ere they push
their design to u lamentable triuiiq h.”
Interarma silent lejet.—in war laws are
not regarded. This was the detestable
maxim upon which the Dictatorship of the
Roman Republic was founded' Every
thing, in (into of war, was submitted to the
guidance of the Dictator anil his military
de|iendauls. If any lawless violence was
committed on |ho person or property ol
tlio citizen; if Iu was deprived of his ac
- , . costomed pr vileges or despoiled of his le
b" the entering wedge lor other innovations j _|,j m ((e r jgjn s j,y those in power, the pe
on the part ol Congress—tor they go on to : ru |j iir slit , e 0 f ( | 10 Republic, and the coil-
say, that "when this is dona, we cannot hut geqiIem „ 0COMi , y of „ .emporary suomts-
hope that somewise application may be g j ol , , 0 miliinrv govornmtmt.vvas the witli-
oiado of the power of Congress to ‘regulate j erj rep | y t(lilt ( llls | le d every indignant
commerce among the several States, so as | nl , lrlnur tll0 , tll | neas of despottsm.-
to effectMho entire su, prtsstott. oli tho i"lo" | Tyrannical as this principle was, wo aro
moos Domestic Slant: hade.. l " u, i' coinjielled to Say, il we consider the occa-
tho fanatic, will proceed, Irom one step to giai , ou w|llcll |t ivas ado()to< | ( ,| lalcon
another. Aud we must prepare lu meei
them.on the very .thieshold—- and iines:
their fiist maasure, which is not only ini
proper in itself, but mill more alarming, a.
being the uminous prelude toother en
croachments. Ignorant as they are df the
very theory of uur Federal liisfitmions, and
also most profoundly ignorant as they must
be of the Southern feeling* upon this sub
ject, they ate so infato ifo.l as. to declare
in it 'heir “coatso prosnins the only means
of preserving our itatiouai Union.” Mad
men s they are! are they vat to letiro-, thiif
their course is perhaps the only means for
tearing our Union asunder! -if they are
countenanced and encouraged hy a consider-
uil -b <dy i f the Northern people,, nothing
ran save fiom sinpieck the most auspicious
t at ul of government, tint was ever devised
lur advancing the Liberties of mankind.
Wnh what pain, then, do wu sen the N.
Y. Commercial lending even it* indirect
aid to the views of the Fanatics, nntj their
very firs movemen's townids Hgitaf on!
VV m k< no oilier continment upon /"<■
following uifide, tlian merely to *!iy, that
we expected a wt.er course from one, who
has arrayed liimsull against the nbolition
piol cts of the Northern Incendiaries;
"iseai aar i* the Diutric r or Coluhsia.—TIi»
KilitirortliS Klchmiill l I'aiqinrerexprOHae* regret
that We shoalk persist in lulvocaiinlr thu imniudiste
obtiimcn of slorerf in the Federal dwcrictf not/ re-
gurtlt III a prassne as the meet improper time that
could ho seiucted for ujitallng lb it ij'.estion. in
ropiy, wo have uni/ t >»ay lint ive see no reason
why it shodf i bo a sutijuct of agitation at any time;
tiut if tliu editor will be goo I enough lo .point out
the proper ti.uo for its discus;ion, vve may consent
to wuii. If, however, ho means nicer, then we
say naio'
Discussion! — Wo appeal to tbe good
sense ol the Uiminiercial, nt.il ask frankly,
whether it can expect such u discussion
commenced in Congress, withiout the deep
est ugiiaiiuni Can it expect a measure a.
dop-ed on this most dulicalo subject by 13
igaiust eleven ol the States in tbe Union,
wiiiioui scattering the 11 .tines of discord,
which may never be ex.ing iished?
Bat we trust to tile good sense, the pat
riotic spirit, tlio, devoted love for Union,
winch has hitherto characterised tilt; great
oudy of Northern Citizons ou frits qutstion.
We appeal lo the thin meetings of the dis-
comfiltcd Fanatics of Boston, 1 "Neht-Ymk
and I’hitadclphia. Wo appeal to the same
spirit, now ni.d for nil future tune, for tile
salvation of our Utliltn. Let Ihe question
for emancipating the slave* in the District
comoan when it may, we have no fears hut
that it will uu immediately thrown out hy
an ovurwnelmning majority. There art-
other indications of tlio fuellings of om
Northern Brethren, which cannot deceive
us—and among them, il gives us plensuic
io specify the following Extract from the
Addles, of a numerous Conven'ion ol Re
publican Delegates from all iho towns of
.Monroe, who assembled ul Rochester, iu
ilie S.ute uf N. York, on the litli iesl.
We hud ibis declaration with pleasure:
“WtlBUSts attempts have been made
by a tew mc.guidcd lunatics to enlist public
fueling in a crusade for Ihe “iminr.iliate ab
olition ufsliverv in the United States”—
and whereas such atuunpis have Uet-ii quo
ted by pulnicul incendiaries in pi oof of'their
cluuge that (he nonslave holding states are
countenancing this inlorferunce with me iu
tertial affairs uf the other states of the Un
adopted
mined justice, law, liberty and indepen
dence, iu comparison with too late uutra
geo us conduct and avowal of a Major of
the United Stntes peace establishment, when
n legal demand was made of the soldiors
who shift llurderuin Owen.
The express received by the Governor
was alluded to in our lust paper, (is con
tents were ilten unknown to us, and we re
frained from a full expression of our opin
ion. The documents accompanying that
express will oe luund on our first page.—
We invito our reader* to peruse litem at
tentively, aud then call to their recollecti jn
the scene ol thn Silt Match, X77H- A
h itu) of British soldtuis stationed lit Bos
ton, shot three of the inhabitants uf that
ritv. The deep indignation which thrilled
and animated the bosoms of tbe colon:*. '
prompted them, although governed by a
ki/i,g, to compel ihe removal of Ihe British
troops as violators of the British constitu
tion, mid to take into cusiod. aud try ;-il-
soldteis who cmnaitited the offence. Lot
us act upon the same glorious precedooi.
Turn, render to the uuce revered, hut now
iosulted Vcluratioo of Independence, and
note among the facts theruiu set forth, to
show that tho king, “had in direct object
the establishment of an absolute tyranny
over these states,” that "he had affected
(b render iho military independent of, aud
superior tu tho civil atithoriijr. u
"That he had quartered large bodies of
iroopS among us.”
That "ho had protected them by a mock
trial from puuishmnm, for any niarder they
should contniit on the inhabitants of thet-
United States-” To remedy such tyraii
nous opptessiott aud preserve there liber
ties and their laws, our fathers piodged
their lives, their fortunes and their sacred
honors. Will we keep that faith which
they pledged? We ask the perusal ol tlio
declaration of rights appended to our State
constitution. It is an important rlocumem
>n this controversy- It is an index lo tho
feeling which should now actuate us. lu
it, we find it solemnly declared that, “the
military shall, in all-cases, and at all times,
be in subordination to the civil power."
We c nmol, with any degree of patience,
behold this sacted right contemned and for
cibly disreg ir led, hv a peace-establishment
commander, whose powor unrl greatness
consist in his tight to receive Ins quartet ly
pay out of the public treasury, and to wu ii
ail epaulette ou his shoulder and a sword
hy his sido.
Th - Governor of the State has trans
mitted these documents to tint Secretary
of War to bo laid before llto President.—
Wo have one object ion io this course. He
should have sent them directly to Andrew
Jackson, lie is not Governor Gaylu’s
superior, nor is Cass his equal in station.
Gavle and Jackson are both executive offi
cers of the people of Alabama, and as such
are equals.
The inquiry forcibly suggests itself what
will the President do? Will he attempt to
protect Major McIntosh and those under
iiis command, in their open defiance oi tin-
civil process of our courts? Will he sacri'
legiously violate the piiuciplos contained
in the Declaration of Independence? Will
he trample on (ho rights declared in onr
State Constitution! Its framers must iiavo
l0n: . . , • I understood the instrument which lie pro
"Bo it thorntlpre solemnly resolved hy ; feg,es to respect.* Is it Ins purposo to do-
this Convention. | grade the soveroign State ol Alabama, (lie
“That, in viaw of all the difficulties, all j calls the State* sovereigns, wo trust not in
tne horrou, which busef tins subject, we j mockery) below the powers of an Uoilod
do ex|>res»ly disclaim on b ii.dfoi our con- i Slates M .j:ir? I* not such an officer amen,
aiiluenls ail aid or couuttiuauco towards the ! able to the ptocoss of our State courts?—
tothors or ahettuis ul such mail schemes; \ Does he intend to teauli us, that out Statu
and (hat on tlio contrary, however much wo ' government aud the constitution wn have
;uay dcsiro the speedy extinction ol slavery j ot dilut'd, "in ordor to establish justice,
we are compelled hy it just regard lor the i insure domestic tranquility, provide for (he
-ousiituttoiial rights of the stnve-nolding' common defence, promote the general
stales, lo consider as public tiie.iiiot, muse welfare, nnd secure to ourselves the
ies for trial? We fear, greatly foar, tin
officer in command, has instructions from
the Wat Department not to deliver up the
soldiers. Upon no other giound can we
arcomit for his refusal, unprecedented as il
is in (he - annals nt our country, even iu
time of War. It is ihe first instance in
which c military officer has unhesitatingly
and peremptorily decided, what the ciyil
tribunals can alone determine—the guilt or
innocence of a pci sou . charged., with the
purpelraliorTof a capital crime. 11 will bi-
seen that Major- McIntosh informed tin-
sheriff, that the sbldters named-in the in
dictment, had beenguiftv of no offence', am
that, when summoned to answer for a con
tempt of the court, he decided in Iris own
behalf, and in favor qf Iris own innocence!
Who will say in futuro that ours is practi
cully a government of laws and constitu
tions? Vito will say tlio military is suhor
dinate lo tiie civil power? The President
has not even conformed to the “bloody
bill.” Tliaf requires tho inlormalion of a
lodge of tlio federal court to be given,
that the laws of the United States aro ob
structed iu a Suite, before he can order out
the mill ary force, to compel obedience to
them.
It is right, however, to lay the whole
milter before the President. Let him
have an opportunity of doing one good
deed, among Ins numberless acts of misrule,
lie will either order ihe offenders to bo de
livered over to the State authorities, or, as
lie did without authority, ou a recent occa
sion, take upon himself the Whole responsi
bility "of shielding the in litary ministers
uf his will from having their guilt of inno
cence made manifest before a jury of thu
county iu which Owen was killed.
However, our hopes are steadfastly cen
tred iu another quarter. To the citizens
of the State, la the energy of the sheriffs,
to the unyielding firmness of our judges,
and to the prompt aud efficient action of
the Governor, on the principles expressed
m his proclamation and letters, in fine, to
the active sovereignty of the State, "who
know their rights, and knowing, dure tnai -
tain them”—we look to bring these defiets
of law to the bar of justice. A sacred
l oiistilutioniil pledge must he rodeemed.
Th i blood of Owen must not ery in vain
from the ground. His widow aud children
must not seek justice in vain at our hands.
Thu State judiciary has been treated with
contempt, aud must bu restored lo its dig
nity. State sovereignty has been derided
and must be vindicated. W w I do ou
doty, come what may, is, wu trust, tin-
Inch aud holy purpose of the citizens of the
State.
Yet we do not tecomincnd hasty meas
ures. On the contrary, we advise pru
deuce and caution. The President is iu
the wrong; keep him so. The Governor
lias expressed correct principles. Let him
not put them in practice, till forced to do
il, by the madness ol his opponents,
When that is the case, let him show "that
an unconstitutional treaty is not obligatory
on our people.
Tuscaloosa Expositor.
TREATY MAKING POWER.
The Creek Controversy has had one
good effect. It has compelled our politi
cian*, to assume more distinctly anu openly
their proper slat ons, in one of he two great
parties, which have oxi ted iu our govern
ment, from its inception. We have all
along expressed a belief that tho Uoion
party consisted of all grades, from the ultra
federalist to the tlnio*' iinllifiur. We insis
ted that thousands opposed a lame, from
various motives, which, properly understood
expressed none otlior than the principle*
for which they contend. And we predic
ted, 'hat some question would arise, which
by throwing our opponents into confusion
and causintr them to toad mid reflect,
would sift the cockle from the wheat, and
cause all genuine Stale Rights republicans
lo unite -with tho much traduced nullifiers.
That every federalist in tho country was a
zealous member of tlio Union party, none
can deny. And who lias not heard the or
ators of the party pouring forth, to the great
gratification of every avowed federalist
present, thn most objectionable sentiments
of John Adams, Fisher Ames, Daniel
Webster ami Tristram Burges, vet claim
ing the popular name of Jeffersonian Re.
publicans? This artifice, and tho popular
cry against a sister Stale, can avaii them
no longer. Alabama lias been involved in
a serious controversy, and the uaconstitu-
si a federalist, what shall wq say of tho'au
thor of tbe above paragraph? "Upon the
federal government is conferred the power
ol makiog treaties without limitation or 1
chock!" "They (treaties) are of at high,
and perhaps, higher authority than the
constitu'ion itself?” These are worse than-
fedoral tenets. No writer or politician of
any eminence, has ventured to advance
such sentiments. For even Webster would
Say the Supreme Court can pronounce a
judicial decision against a treaty, la fact,
die very same clause of die constitution
which gives that court n supervisory con-
•rol over the acts ef Congress, -expressly
includes treaties also. - Hence, if treaties
cannot be controlled or resisted . by that
Court, neither can acts of Congress; fer
they, too, arc declared to be die supreme
law of the land,^“when passed in pursuance
of the constitution."
We did not think any American citizen
could be found, capable of ascribing to auy
man or body of men, authority "higher
than the constitution itself.” Are oot tbe
President and Senate sworn to support tho
constitution! Have they any power not
derived front id Would the Advertiser
hnve us believe that our-ancestors estab
lished a tribunal, not only irresponsible for
its acts, but em|>owcred to bind the people
of twenty four Slates, without any other
limitation or coutrol than their own discre
tion? Thu idua is preposterous.
Die constitution expressly declares, that
" no new Siato shall he formed or erec
ted wiflt.n file jurisdiction of any ofber Sfoto
without the couseot of the Legislature con
cerned, us well nf the Congress.” Now, if
the President and Senate had made a trea
ty with the Indiaiis, authorizing them toe-
reel a State within tho limits of Alabama,
would it have been above the 'coutrol of
Congress nnd binding on the Slate 7
Would such a treaty have been of higher
authority Uian tho constitution Jlgt^f!”
Every one will say such a treaty would have
been absolutely void. The Supreme Court,
however, could uot have taken cognizance
of it, atidcertainly.couid not have resisted its
execution ag-iinst 'the will of tbe President-.
If a State could not interpose in such a
case the coustiiution itself would be annull
ed. Suppose England, in pursuance of
her emancipating policy, should attack Ihe
United States, and to get rid ol tho contesr.
the president and' Senato should 'agree hy
treaty to etnaocipute our slaves, would Ihe
southern States have no right to interfere
for the .protection of their properly?
But, says the' advertiser, “the utmost
caution is observed iu guarding against the
antise of this power.” The same observa
tion would apply with double force to tbe
Alien aud Sedition laws, or any other act
ol. Congress; for every, such act must be
qiproved, not by the President and Senate
alone, but also hy (he immediate represen
tatives of the people.
The Advertiser adduces !he Repot t of a
committee of Congress, in 1785, oo ti e
treaty wuji tne Cnerokees.. North Caro
lina entered her protest, ou the ground of
ns uucoi.sfituiionaltty. ' That cast* is ' di
rectly in uur favour. Congress, not tbe
Senate, appointed a conimiiiue to report on
the subject, and that report assorts, uot that
-.11 treaties are, but that the one referred
to them, was constitutional. *
"A treaty setUles and dtjuttt the re*
lations of nations,"—ludepeudaul, sove
reign nations, of course. If this be true, a
treaty with the Creeks could not be form
ed; for J -cksou himself lias said distinctly
that the Indians are citizens of the State in
winch they live. Did not the writer for
the Advertiser perceive tbe difficulty, io
which the above sentence would involve
him? It is the very position for which wo
Itave contended. The treaty with tlio
Crocks is nothiug mote than a contract nn»
lered into between the federal government
and a portion oi the citizens of Alabama.—
As such, it does not rest upon as high
gtpund as a treaty, in the strictly proper ac-
ceiPufton of that term. A contract may he
void iu part without invalidating the whole.
So far then, as the contract with tiie In
dians is authorized by the constilulion of
tho United States, aud by the constitution
and laws of the Stale, it is valid, but no
luither* Hence that portiou of the treaty,
which guarantees proteriiou to the Indians
for five years, by smarmed soldiery, is void,
because il is the duty, it is the right of thu
State, to protect tho lives nnd property of
her owu ci.izons, whatever maybe their
color.
This controversy wiH’open the eyes of
| the people. It will show them that tlieie
who would rashly inteifere tv,in the
concerns of those stiles, ja a case of
such extreme uuiicacjt and so exclusive
ly within their own jurisdiction.”
Again we warn iho Fanatics to beware.
If they will not bidievo us, lot them listen
to an Editor iu their own region of couu
try. Hear the Philadelphia to afiigeucer.
It speaks he truth, as we tvuuld tpe .k it.
Wo pray you, hear and need it?
“ But in it suiipn.ed that the South will
t bmit? Ho mu ( be strange.y infatuated
who cherishes urn a belief, Tiie South
wili n *f only not hear the viola ton ot the
co islitution and the infiaettou of their
ri-diti. hut they will not even brook the at
tempt. Their live* and- the honor of then
wives and daughter.*, depend .u|«on our uun-
rigltti of life, liberty and property," are
iucapab o of affording us protection from
the wanton invasion ol a hired soldiery ?—
Aro our libarties and lives to be held
under the |freeariotll tenure ol die Vandal
bayouei? We would fain hopo not; and il
we nad oot lost all confidence iu Presi
dent Jackson, from his utter disregard ol
principle aud |irocedent, we would point
to his own conduct at New Oi loans, as
an unequivocal indication ol the couise lie
Would pursue on thi* occasion. - He theie
surrendered himself, whilo covered with
victorious laurols, lo thn State t r ihunal*,
stood hit trial, nnd paid tlio fine imposed
upon him like an American citiwn. Will
he, now, ns Chief Magistrate, iitstaOlL
cause every soldier oduuJi.ig against ou (
'tonality of a treaty, and the right ol resis-1 , |re mou USi prepared to justify any
ting it, are question* which have been de- #ct w | ialever uf , hl , federal government. It
c.ded by her “legally cons'tutted .nmhon W| „ collvince lhenl lha t un omhil.ous pres-
ttes.. Will the people s.istnm them ... that i<Je|U W0ll|l , even llL . |0 , 1HVe Xl . R | oul de-
decision? \\ c published last week the re- knieTtt s!lou ,d he overrun the State with
marks of the Mobile I atnot on the Gov- , rme j legions. It will force on (heir mindg
.•.no. s letter. We now give the following )he d cotm clion, that a willing federal
extract from the Montgomery Advertiser^ , Executjve iw bL . Cfl cJo<1 , ed wjl |, 5Uch des-
paper winch seems to not in the exptess.o - j pa ,,„ , lowcr| (hil< „ m; ,; or) bv hU 0 , d er lias
of fedenil sentiments. A coiiespondence j (ramplod our coitifs under his (eet, and set
of the Advertiser says: : /j, e authorities of our Slate at defiance,
“It is vain for the Governor to sny the [.milking it impossible without bloodshed, :o
treaty is unconstitutional. lie might as serve criminal process, intended to br nf
well say that the Constitution t? not
constitutional. For they aro of as high,
perhaps higher, authority that the Con
stitution itself. A treaty settles and
defines tho relations between nations;
a Constitution between individuals
The whole hum to race is intrusted in the
lu'fiimont of the former. Neither par,v
lias the. tie right of constructing it. Points
in dispute are only to be settled by an ap
peal to arms it negociation tails, and eter
nnl infamy waits ttjton lhat nation that
tramples upon its obligations. Upon the'
Federal Government is conferred the pow
er of making treaties without limitation or
check. The utmost caution i* observed
in guarding against an abuse of this power
And no tribunal exists in the Constitu
lion i Itat esn control or resist its exercise.”
We met, a few day* since, a highly in
telligent gentleman of the Union iiartv
“Well," said he, "you hav* driven San
ford to the wall at last. He surely will no
deny io future tbit be is a federalist.” We
wore on the point of replying, lhat Sanford
had only applied to the Creek controuersv
the principles of the proclamation; but wer.-
satisfied with this tetqark, that its mu
have teen aware that a large pardon of tit-
party, with whom lie had acted, were ul'r
tadotalists. To this ha assented, and m
conversation was changed. Bat if Sanfj»
io trial, men legdly accused o? having com*
milted wilful murder. Those, who are ca-
ptblo of defending such proceedings, aro
(imp li ed to he made (he subjects uf a des
pot more absolute than Nicholas of Russia.
ALABAMA.
We copv iu another column of our paper
an article from the Alabama Journal, which
gives die latest intelligence we have receiv
ed from that quarter. It will he seen that
Gen. J-tcksoobus determined to make the
military superior to tho civil authority, and
has dared, <n ii time of profound peace, lo
establish martial law within the limits of a
Sovereign State.
The court that has been engaged in In
vestigating the murder of Owens, have cal
led upon tho Governor for nit? to assist (ho
Sheriff in bringing to. justice tho perpetra
tors of this outrage upon the .feelings of hu
manity, who nre now under the protection
of an armed soldiery at Fort Mitchell. We
wait whli great anxiety to hear nhst course
the Governor will |iqrstie. There is but
one that honor and duly esu dictate, -uud
we sincerely hope, that it will he pursued.
That the aid solicited be granted and that
die slaves of Gen. Jackson bi- taught that
ms will shall uot be a passport for the inur-
tors diet) may think pro per lo commit up*
#n tho citizens of Alabama,