Newspaper Page Text
*-* -a. iLrf-lm i-
JOHN G. POLHILL, EDITOR.
THE FEDERAL
- ~ j
MILLEDGEVILLE, GEORGIA, SATURDAF, JULY 24, 1630.
VOLUME. 1, NUMBER 3.
THE FEDERAL TJNTOE,
Is published every Saturday at Three dollars per an
num, in advance, or Four if not paid before the end-of the
year. The Office is on Waynt-Street, opposite Mc
Combs' Tavern.
All Advertisements published at the usual rates.
ICP Each Citation by the Clerks of the Courts of Or
dinary that application has been made for Letters of Ad
ministration, must be published Thirty dats at least.
Notice by Executors and Administrators lor Debtors
and Creditors to render in their accounts must be publish
ed Six reeks.
Sales of negroes by Executors and Administrators must
be advertised Sixty days before the day of sale.
Sales of personal property (except negroes) of testate
and intestate estates by Executors and Administrators,
must be advertised Forty days.
Applications by Executors, Administrators amt Guar
dians to the court of ordinary for leave to sell Land must
be published Four months.
Applications by Executors and Administrators for Let
ters Dismissory, must be published Six months.
Applications tor fun closure of Mortgages on real Es
tate must be advertised once a month for Six months.
Sales of real estate by Executors, Administrators and
Guardians must be published Sixty dats before the day
of sale. These sates must be made at the court-house
door between the hours of 10 in the morning and four in
the afternoon. No sale from day to day is valid, unless
ro expressed in the advertisement.
Orders of Court of Ordinary, (accompanied with a copy
nf the bond, or agreement) to make titles to Land, must
he advertised Three months alleast.
Sheriff's sales under executions regularly granted by
the courts, must be advertised Thirty dats.
Sheriff's sales under mortgage executions must be ad
vertised Sixtt days before the day of sale.
Sheriff's sales of perishable property under order of
Court must be advertised generally Ten days.
All Orders for Advertisements will be punctually at
tended to.
*** All Letters directed to the office, or the Editor,
must bepest-paid to entitle them to attention.
MILLEDGEVILLE
MASONIC HALL
LOTTERY.
On Thursday, the 4th day of November next,
T HE THIRD DAY’S DRAWING will positively
take place—at which time, the Wheel will be in
such situation, as for holders of Tickets to reasonably
calculate on some respectable prizes. A nobler chance
for a fortune, in the way of Lottery, wUs never present
ed to the public. Ail who may feel disposed to purchase
Tickets, would act wisely, to buy, in the MilledgeviUe
Masonic Hall Lottery before the next drawing. Thi- Lot
tery is at home, and though you should be unfortunate,
there is still the advantage that the money v ill be in cir
culation amongst us, and added to this, the chance is cer
tainly very good to realize ten or fifty times the amount
expended for Tickets. On examination of the different
drawings, it will be seen that the small prizes are very
much diminished, leaving in the Wheel nearly all of live
valuable ones—It will also be recollected, that the prizes
ur.dcr two hundred dollars, were deposi'ed io the wheel
at the commencement of the drawing, and that there are
yet to be deposited, prizes from two hundred up to
30,000 DOLLARS !
which certainly holds out the strongest inducement to pur-
e>ln core
POLITICAL.
[N1 fE SUBSCRIBER is preparing a Defence of the
f blowing Doctrines :
1. The Doctrine of Election, which is faiily proved
b. V scriptyre and its use shonn.
2- TlfC" Doctrine of the Covenant cf Redemption,
.proved l»y scripture and reason, and its use shown.
3. An answer to the Rev. Cyrus White on the Atone-
*' ENr i in which his "view*'* are fairly refuted by scrip
ture and reason.
4. The Author’s Views cn Associations—in whirhlie
c. esigns to shew that Associations are not conducted nc-
e.irJieg to scripture—All which will shortly be-published
by LUKE ROBINSON, of Newton c>. Ga.
29, 1530 230
L ATT 1T0TI3B.
FS^HE Copartnership ir the I'RAC 1TCE of the LAW,
JL heretofore existing between Samuel Loicther 4* Al
fred Iverson, is this day dissolved by mutual consent—
A. Iverson having transferred his interest in said Part-
rcrs’iip to John I. Lewis.
A Copartnership has b'-cn this day f>rmrd between
Samuel 1-owther & John L Lewis, who will attend to
f he Practice of the Law in the Ocmulgec, Hint and South
ern Circuits. They will generally be found at thcircffice
i:i Clinton, when not absent on 'h* Circuit.
A. Iverson will, during the present year, remove to
( ol.iinbus, and practice Law in all the counties of the
Clinlahnochic Circuit and in those of the Southern Cir
cuit where bis services may be required. The services
of A. Iverson will be rendered in wiudu.gup the business
■o' Lo.vtl.cr IvCTi.ua ill the Ocir>ul£~c Circuit.
SAMUEL LOWTIIF.R,
ALFRED IVF.RSON,
JOHN L. LEWIS.
Clinton, June 13, 1?30. 234:»4m
ies will be floating:
1
PRIZE OF 8/0,000
1
PRIZE OF
£500
1
do
U
10.000
1
do
IC
500
1
do
cc
5,000
1
do
it
400
1
do
(1
1,000
1
do
a
400
1
do
it
1,000
900
1
do
u
40C
1
do
<(
1
do
n
800
1
do
<4
900
1
do
a
300
I
do
C«
800
1
do
a
300
1
do
a
800
1
do
tt
200
1
do
u
800
1
do
M
200
1
do
u
700
19
do
II
100
1
do
iC
COO
37
do
it
50
1
do
cc
500 i
besides 20’s
and 10's.
PRICE OF
TICKETS.
Wholes $10—Halves $5—Quarters $2 £0.
rCT 6 * ORDF.RS addressed to Wyatt Foard, Secretary
From the Charleston Courier.
GEN HAYNES SPEECH,
Delivered at the Public Dinner in this City on
the 1st. inst in reply to the following toast:
“Robert Y. Haynf,—A vigilant and gallant
sentinel on our Watch Tower. His brilliant
and powerful defence of the Constitution a-
gainst licentious construction, and the South
Irom untounded slander, entitles him to our
warmest gratitude, and applause.”
1 know not, fellow-citizens, how adequately
to express my deep sense of the honor which
you have this day confered upon ne. When
l look around and behold this vast assemblage,
composed of native and adopted sons of Caro
lina—of whom our common mother may so
tvcll be proud—and reflect, that this “goodly
company, embracing so much of character
and talent, of private worth and public virtue,
have come together for the purpose of expres
sing their approbation of the public conduct of
my excellent and valued friend, (Cot. Drayton)
and myself, I want words to. convey to your
hearts the emotions which agitate my own.—
I have nothing to offer you, gentlemen, hut my
poor thanks, with this assurance, that whatev
er may be the “changes and chances” of my
future life, I shall ever fondly cherish a grate
ful recollection of your kindness, and will find
m it. a strong incentive to the faithful dis
charge of my duties.
Believe me, gentlemen, no Representative
ot South Carolina has, of late, reposed upon
“a bed of roses,” and perhaps there never wa«
a period in the history of our couniry, when
the cordial “well done” ot generous constitu-
WYATT FOARD,
to the Commissioners, post-paid, will meet with prompt I eQ ts, was more grateful to the hearts of their
attention. j public servants, more necessary to sustain
| them in their cause, and to encourage them in
I “holding fast to the faith.” Condemned as
j they have been, to witness the failure of all
| their efforts, in defence of your rights and in
terests, and coming to you, not as the heralds
of glad tidings,” but as the messengers of de
Milled-Tpyitlp. .T'lly 17
Secretary to the Commissioners.
»r
E !
FOUND.
CUT
s above .Mi!!a«!£t.vii!e on the Ldor.tun
»d, a sheep skin POCKET LOOK, soniewli.it
5 died by lining—containing notes an ! other papers. The
nolrs are given to Seaborn J. Thompson; five sign 'd by
Daniel Evans, fonr ol them dated in July, 1830 and one
ir. N iv- 1320; Iheiv areal»o other notes—one signed by
| 8 words, one by II. J. Thompson, one by Charles Thomp
son, one by W rn. B. Grainger, one by a name taken to bo.
Taylor, with other papers. The owner can h ive the
.••.ame by application to John B. Dyer, on the Sheffi .Id-Fer
ry Road, leading from Milledgaviile to Greencc-laro’, by
paying for this advertisement, and a reasonable comnen-
fc.ation to the finder. JOHN B. DYER.
July 17 2 2t
KTOTXCB.
IIE Justices of tiic Inferior Court of Gwinnett coun-
ty, Ga. have appropriated $4000 for the purpose of
bGILDING a
Brick or Stone Jail,
fh said county—to consist of not less Ilian five apartments
tor prisoners. Scaled Proposes vvili be received for
building the same uni i! the first day of October next. The
proposals will embrace plan and price, and be addressed
to \\ i’Uam Mallbie, Esq. Clerk of said Court.
JOHN BREWSTER, J. i c.
J. WARDLAW. j i. c.
CLIFFORD WOODKOOF, j. i. c.
ASAH EL R. SMITH, j. i. c.
June 2G 234 l4t
PENITENTIARY. 2 4th J l830
NOW OM H23l£7X>,
A ND FOR SALE, at this place, the following ARTI
CLES, to v. it:
Road Wagons and Gear,
Two-horse Wagons and Harness,
Gigs and Sulkejs,
Horse and Ox Carts.
Jersey Wagons,
Cotton Gins and Family Spinning Machined,
Wheat F ins,
Wi-id-or and Twist-bottom Chairs,
Clock Roe Is and Spinning-wbiels,
.1 sett Mahogany Dining Tables,
A Sofa and Bureau,
High and Low-post Bedsteads,
Fine Folding Tables and Side-boards,
Cuiidie and \Va*h-stand=,
Ladies’ Prunnellaand Calfskin Shots,
Gentlemens’Roots and Shoes,
N pro Shoes,
e: ; g mut C.urrirg? ITnrne<l«.
Jersey Carriage and Wagon do.
Gig and Carriage Braces,
And a variety of other articles tco tedious to mention,
—And all kinds of REPAIRING in any of the above de
scribed aiti> !e«, done without delay.
TAXIiQRXNG
Executed wiili neatness, and at very low prices, with dis
patch. The above article will he sold low fur cash or ap
proved pa| it, payable at the Fall.
Cash v it! • paid for a few Cart-loads of Cedar or Ju
niper STAVES, and lor Green or Drv jyitS3 dc-
livered at fair prices. PHILIP COOK, P. K.
J‘ily 3 235 fit
XCTTSS’JIC.
A BNF.R LOCKE would respectlully return hisgrate-
ia. tul acknowhdgments and thanks to his friends par
ticularly anil ff.l’ow-cilizens generally, for their many
attentions, civilities and favors w hicb he has received, and
inform them that be has made several additions, sustain
ed some losses and yet continues to collect, perpetuate,
and preserve
ANTIQUITIES &. CURIOSITIES,
both natural and artificial, fjrhis Museum—And also so
licits their friendly favors and patriotic nid in the ardu
ous, scientific, various and multiplied duties connect
ed in the business of this concern.
He occupies Mr. Maguere’s building, near the south
west rorner cf the State-House square, on Wayne-etreet,
win r- be may be genet ally applied to during business days
and hours, arid keeps a Scriviner’s Office, Writing and
Grammar School.
For further particulars see Bills, Cards and Circulars.
Mill edge ville. July 17 2 tf
NOTICE.
A BL persons are hereby forewarned from trespassing
JA in any in inner, upon the following LOTS in Car-
toll county—Nos. 140, 173, in the 2d —20S, in the- Cili
—-139 and 271, in the 7th District. Persons wishing to
purchase either of the above lots, will apply to Mulford
Marsh, Esq. Jacksonboro, Scrivtn county, or Tllcmas F.
Green in Millcdg^ville.
Jidy 10 1 3t
GEORGIA, JUeriuelher county.
^STEPHEN KNIGHT, of Cupt. Curry’s
^5 District tolls before Abnai Durham,
Esq one
SORREL HORSE.
[twelve or thirteen years old, with a small
blaze in his forehead, right bind foot white, a small chain
around bis right four foot, no brands pern ivable, had on
a bell worth one dollar—Appraised' by John H. Wallholl
and Monk Thornton to Thirty dollars, 6th July 1830.
J. B. SLAUGHTER, Clerk.
July 17 2 3t
Notice and Caution.
A LL persons are hereby forwarded and cautioned a-
gainst purchasing from Benjamin Trapp of Jones
county, as my Attorney in fact or Agent, or frrm any per
son bolding under lumas such, lot No. 253, in the eighth
district of Carrol county, drawn by myself in the last land
lottery. And notice is hereby given that I have revoked,
am! do hereby revoke, all and any power of Attorney o*
authority, to said Trapp, or which 1 may have given to any
other person in his name, for the purpose of selling said
lot of land, as the same was fraudulently obtained by on>-
Simon W. Nichols of said county of Jones.
hardy McKenzie.
Houston county, July 3 235. *
feat and disaster, tins generous reception is in
Ihe very spirit that has made immortal that
Roman Senate, which decreed their highest
honors to him who had stood hy his country
in Ihe hour of her “utmost need,” and who
though vanquished, “had not despaired of the
Republic. ’ Such offerings, gentlemen, are in
deed “doubly blessed, Messing him that gives
und that receives.” And here, perhaps, I
might stop. But when I remember that in
the Resolutions which ushered this festival
into public notice, it was declared to be a tri
bute hv “the friends of State Rights, to the
principles which have been |*fomulgated by
the Legislature ofSouth Carolina "and when I
know that I am chiefly indebted /or the flatter
ing senlimenl which has just been offered, to
the humble part I have acted in support of
those principles, I feel that I should disap
point your just expectations, if| passed entire'
ly over a topic of such paramount interest and
importance.
What then, gentlemen, are the principles in
volved in this doctrine of “State Rights?”
Thev are the great fundamental principles of
Constitutional Liberty, for which eur forefath
ers fought and bled, and conquered; which
were recognized, and (as we did fondly hope)
firmly established by the adoption of the Con
stitution of the United States; and on the main
tenance of which depend the peace, prosperi
ty, and safety of our beloved country. Our
doctrines arc (and I quote them from our po
litical text hook, the Virginia Resolutions of
1798) that the several States are “indepen
dent sovereignties”—that the Constitution of
the United States is “a compact to which the
States are parties”—that as the Fe deral Gov
ernment derives its existence, and all of its
powers from that instrument, “its acts are no
further valid than they are authorized by the
grants enumerated in that compact," and that in
case of “a palpable, deliberate, and dangerous
exercise of other powers not granted by said
compact, that Slates, who are parties thereto,
have the right to interpose, for arresting the pro
gress of the evil, and for maintaining within
(heir respective limits, the authorities, rights
and liberties appertaining to them ” The op
ponents of these doctrines contend that the
Constitution was formed not by the States
in
IN THE HOUSE OF REPRESENTATIVES,
Thursday, December 17th, 1829.
W HEREAS the number of members, which, under
the present provisions of the Constitution of
Ibis State, compose the General Assembly, is considered
by many of tire good citizens of the State, by fur too nu
merous, and sonscquently unnecessarily expensive, for
an economical People.—For the purpose therefore, of as
certaining the voice of the People on this all important
and interesting subject—
Be it Utet efore resolved, That all the voters of Georgia
who feci for the interest and prosperity of the State, and
who wish to reduce the number of the members cf the
General Assembly of Georgia, be required on the first
Monday in October next, to say, on their ticket, if in fa
vor of a reduction—“REDUCTION”—-if against it,
“NO REDUCTION.”
Resolved further, That the Superintendents of Elec
tions on that day keep a poll of the same, and certify it
to the Governor^ a statement of ihe poll, and that he
cause the same to be laid before the next General Assem
bly; and that he cause these Resolutions to be published
encONi month in the Gazettes of MiUcdgeville, until the
ejection.
Approved, December 21,1829.
GEORGE R. GILMER, Gcvefnor.
Mh'rch S, 1830--—227—5m
GEORGIA, VV ALTON COUNTY,
Court of Ordinary, July Term, 1830.
INFERIOR COURT, SITTING FOR ORDINARY PURPOSES,
Present, their Honors 1? ilson Whatley, Egbert B Beall,
Robert j\l. Echols and Timothy Pittman, Justices of
said Court.
R ULE NISI.—Upon the application of Benjamin
Hammock, administrator of John H. Beardin, de
ceased, stating that he has fully discharged the duties as
signed as Administrator aforesaid, and praying to be dis
missed therefrom—It is ordered, That a copy of this Rule
be published once a month for six months in one of the
public gazettes of this State, requiring all persons con
cerned to shew cause, if any they have, why said letters
dismissory shuould not be granted.
A true extract from the minutes, this I2tb July, 1830.
JESSE MITCHELL, c. c. o.
july 17 2 6m
GEORGIA, HABERSHAM COUNTY,
Superior Court, Jtprii Term, IS30.
RULE NISI.
I T appearing to the Court that John Lecroy was in pos
session of a Deed of Gift,, given by Tuscorago Shoe-
boots, to four negroes in the said deed named, a copy of
which is filed in the office of the Clerk of the said Court,
and that the same is lost or destroyed—It is therefore or
dered by the Court, That the copy so filed as aforesaid,
be established in lieu of the original so lost or destroyed
unless cause tc the contrary bo proven on or before the
first day of the next terra of said Court; and that a copy of
th(f Rule be served, or published in terms of the law in the
Statesman & Patriot. *
A true copy from the Minutes, 4th June, 1830.
JOHN T. CAR PER, c. s. c.
june 19 233 m3m
JOB PRINTING,
MEATLY EXECUTED AT THIS OFFICE.‘
-* ; e »
their sovereign capacity, but by the people col
lectively—that the “National Government,”
being thus created by all the people, have a
right to decide, (in the emphatic language nf
the great leader of their parly) “ultimately and
conclusively as to the extent of their powers,”
and hence results, as the basis of the whole
system, the duty of an absolute acquiescence on
the part of the minority, in the declared will
of the majority. It does appear to my miud
“passing strange,” that any man should fail to
perceive that according to these principles,
the Government of these United States is one
great consolidated, National Government—
having no practical limitation on its powers but
the popular will, 'and that to talk of “State
Rights” is the most ridiculous and unmeaning
jargon, it is something worse—it is the lan
guage of hitter sarcasm and solemn mockery.
If “a sovereign and independent State,” has
no right to judge of the violations of a compact
into which she has entered—if, when “usurped
powers” are exercised over her citizens, she
has no right, however flagrant the usurpation,
“to interpose to arrest the progress of the
evil”—if the Federal Government, (the mere
creature of the Constitution) may, with impu
nity disregard all its limitations, and the States
are bound implicitly to submit, then, indeed,
I am yet ta learn, in what “State Rights” con*
sist. Do they consist in “the powers not
granted,” or “expressly reserved” under the
Constitution? The Federal Government hav
ing the right to decide, “ultimately and con
clusively,” on these matters, will say to us,
by their practice, that all has been given, and
none reserved—and if it be the duty of the
States implicitly to submit, “State Rights”
may exist a9 an abstraction, in the minds of
gentlemen, but they exist no where else, and
lor my own part, I am utterly unable to appre
ciate the value of a theoretical right which is
to be held at the mercy of another, and for the
enforcement of which there exists no remedy.
According to this doctrine, the States have a
right to exercise just so much power (and no
more) as the Federal Government may think
proper io leave them, and we are presented
with the strange anomaly of “the creature ele
vated above its creator, the servants above
their masters.” If such be the true character
of the Federal Government, the experiment of
tne security to be derived from written char
ters has already most signally failed, and the
people “on whom, in the providence of God,
has been cast the preservation of the great
principle,” have proved recreant to their trust,
and have surrendered the last citadel of free
dom. I shall not stop to enquire in what de
partment of the Federal Government this des
potism is supposed to exist. The idea that
the Supreme Court is to be the safeguard of
the reserved rights of the States, can delude
those only who close the ear to the acknowl
edged fact, that in most of the cases where u-
surped power has been exercised or is appre
hended, (such for instance as the Tariff of
protection, and the appropriations of money for
Internal Improvements, Education, Charities.
Colonization, or emancipation,) the question
cannot even be brought before the Supreme
Court acccrding to the forms of the Constitu
tion, and it is certainly in the power of Con
gress so to frame their laws and so to regulate
their Courts as to prevent them from interpos
ing to “arrest the progress of usurpation," in
any case whatsoever.
When we cast our eyes over the map of the
United States, and behold a territory of such
vast extent, inhabited by a people of such di
versified pursuits and interests, of habits and
of feelings, can it be possible that the “will
of the majority” shall be practically adopted
as the rule of Government for all of the parts,
without its degenerating into the most odious
and desolating tyranny. Look at the condi
tion of the Southern States, having the sys
tem of slavery so interwoven with their institu
tions that even to touch the subject is to in*
volve them in ruin; and depending upon for
eign markets for the sale of their valuable pro
ductions. Can it be bslieved, that the wise
and patriotic men who represented the South
in the Convention which framed the Constitu
tion, would have consented in our behalf, to
sign a bond by which it was to be submitted to
a majority of the people, or what is more, a ma
jority of their Representatives in Congress .as
sembled, whether our institutions should be
preserved, and our pursuits of industry remain
unchangad, or whether we might be deprived
of both, under the operation of Acts of Con
gress, based upon Vague notions of the “gen
eral welfare?”
Gentlemen, in the presence of this respecta
ble assembly, and in the face of my country, I
declare my solemn conviction, that the ac.
knowiedgement of the exclusive righj of the
Federal Government to determine the limits of
its own powers, amounts to a recognition of its
absolute supremacy over the States and the
people, and involves the sacrifice not only of
our dearest rights and interests, but the very
existence of the Southern States; and if, by
the blessing of Heaven, we shall yet a little
while avoid the fate which is impending over
us, we areas surely destined to meet it, “as the
sparks fly upwards.” In my view of the actu
al condition of your affairs, (without undertak
ing to determine what else it may become you
to do, or io forbear,) it is absolutely and in
dispensably necessary to give your brethren in
other quarters of the Union, distinctly to un
derstand, that you never will acknowledge (ho
right claimed for the Federal Government, in
either or all of its departments, to decide “ul
timately and conclusively as to the extent of
its own powers,” that you never will consent to
substitute the will of the majority for the Con
stitution, nor recognize unconstitutional acts
of Congress as the supreme law of the land.—
That viewing the constitution as a compact
prescribing limits to the Federal Government,
the State of South Carolina, as one of the
parties to that compact, in its sovereign capa
city, claims the right “to judge of its infrac
tions;” and that whilst she will at all times
yield a ready and cheerful obedience to all
laws made "tn pursuance of the Constitution,”
she claims ihe right lu buld lv bo utterly null
and void, all such as clearly violate the reserv
ed rights of the States. Let these principles
be maintained, and your rights may be preserv
ed. The day that you surrender them, and
acknowledge the will of the majority, as de
clared in the acts of Congress, to be the su
preme law, you will have surrendered the glo
rious privileges of freedom, to put the yoke
upon your own necks, to fasten manacles upon
your own, and the hands of your children, to
surrender your valuable possessions without a
struggle, and consented to put yourselves and
all that you possess at the mercy of those,
who, though standing to you in the relation,
and calling themselves your "brethren," have
in the eager pursuit of their own peculiar inte
rests, turned a deaf ear to your loud remon
strances, mocked at your complaints, and man*
ifested an utter disregard to your feelings, your
rights and your interests.
The mode, gentlemen, in which these prin
ciples are to be brought into operation, when
a case shall arise to justify their application, is
a question concerning which there may exist,
much difference of opinion, and which it ap
pears to me of no importance to decide
When the hour for action arrives, the friends
of State Rights will hardly be found quarrelling
among themselves, as to the mode of proceed
ing. Or* this point, I say with Mr. Jefferson,
that the State has not only a right to (> judge
of infractions of the Constitution,” but also of
“the mode and measure of redress” £see Ken
tucky Resolutions of ’981 and whether she
shall, through the Legislature, or by Convc. m
^iod—-by declaring the acts “void and of no
force,” or by adopting other measures main
tain “the authorities, rights, and liberties, ap
pertaining to her”—are all questions to he <it -
cided by those who may have the destiny of
the State io their hands. When the emergen
cy shall arrive to require the State, in (fie c-
pinion of her citizens, to be put npon her so
vereignty, I shall hold no man less my brother
in the cause ot State Rights, because he mr.v
difier from me as to the mode in which the ac
tion of the State is to be brought about. While
on this topic, however, I will take occasion to
remark, that it has seemed good to those who
are laboring to bring State Rights into disre
pute, to represent their advocates of the pre*
sent days as contending for new doctrines, and
the changes have been rung upon the “Carn-
lina doctrines,” and the “nullifying doctrines,”
until well meaning men, even among ourselves,
have been induced to believe, that they are of
modern invention, and that the very term nul
lification has been coined to suit our present
purpose Now, whether the term bo a prop
er one, or not, & whether the doctrine which ;t
is supposed to embrace, be sound, or unsound,
it is certain, that they are both as old at least
as 1799.. The Kentucky Resolutions of that
year generally attributed (like those of’98)
to the pen of Thomas Jefferson, contain the
following words: (I will read them to you, gep-
tlemen, to prevent any mistake ) “The seve
ral States that framed that instrument, the Fe
deral Constitution, being sovereign and inde
pendent, have the unquestionable right tojudge
of its infractions, and a nullification hy those
Sovereignties, of all unauthorised acts, done
under color of that instrument, i9 the rightful
remedy ” I presume we shall hear no more of
“nullification” being a modern invent ion, and
the “Carolina Doctrines,” will, perhaps, find
no more favor in the eyes of some, when tra
ced to the Virginia and Kentucky Resolutions
of ’98 and ’99. But the true import and ex
tent of this doctrine, it seems to me, have alse
been greatly misrepresented. The advocates
of State Rights have been represented as con
tending for the right of a State, to repeal at
pleasure, all or any of the acts of Congress, and
the consequences of the exercise of such an
authority, has been made the subj'ct of de
nunciation and of sarcasm. Now as far as I
know, no advocate of State Rights has tvr
contended that the exercise of the Legislative
powers of Congress in relation to the Atmv,
the Navy, Fortifications, the Post Office, the
Judiciary, the regulation of Commerce, in re
lation to War or Peace, or any other matter,
expressly confided hy the Constitution to th.e
Federal Government, can he lawfully arrested
or stayed by any power whatever. It has ne
ver been doubted or denied that the acts of
the Federal Government, u-ithin the acknowl
edged sphere of its authority, are obligatory
upon the States, nor that the laws of Con
gress “made in pursuance of the Constitution,
are the supreme law of the land.” Put it has
been contended that in an extraordinary case,
where the powers reserved to the States, un
der the Constitution, are usurped by the Fede
ral Government, and it comes to be a question
of conflicting claims to sovereignly, it is “the
right of a Slate ” and in a proper case, would
become “a solemn duty,” not only “to judge
of the infractions of Ihe Constitution,” but to
interpose its authority for the preservation of
its reserved rights. If the Federal Govern
ment shall confine its operations fo matters-
clearly Federal, and in which all of us have a
common interest, no collision could possiblv
arise. It is only when they assume doubtful
powers not expressly granted; when they (who
alone possess practically the power fo make it'
refuse “fo appeal to the source of power,
which Gen. Jackson well considers “as the
most sacred of all our obligations”—that it
could even become necessary that a State
should interpose “for arresting the progress of
the evil,” until such time as (according to the
idea of Mr. Jefferson) “a Convention assem
bled at the call of Congress, or two thirds of the
Stales, should decide to which fhey mean to
give an authority claimed by two of their or
gans.” In an extreme case like this, there is
no other possible remedy, and it does appear
to me that the existence of this right will be
found indispensable to the preservation of the
reserved rights of the State, though its exis
tence ought to be, and will be restrained by'
all the considerations of prudence, nnd of pat
riotism, which must moke it the interest, as it
will be the duty of a State, not to take such
high ground, until theooly alternative left is
to assume it, or “to submit to a Governmer.l
without limitation of power.”* It does appear
tome, in the language of Mr Madison’s Re
port “that if ihe deliberate exercise cf powers
palpably withheld hy the Constitution, cculd
not jsstify the parties to it, to interpose even
so far as to arrest the progress of the evil, and
to maintain the rights and liberties appertaining
to the States, as parties to the Constitution,
and thereby to preserve the Constitution itself,
there would be an end to all relief from usurp
ed power.” This power may be liable to a-
buse, though while the Constitution shall be
expounded fairly, and justly administered—and
the Union shall be felt as a common blessiog, I
hardly consider it possible that it should be
abused, but however that may be, it i&certain
ly less liable to abuse than the pow-er claimed
on the other hand for the federal government;
it is less liable to abuse than the power daily
exerted by a bare majority of the Judges of
the Supreme Court of annulling, not only the
act9 of Congress, but of every Slate in the U-
nion—audit is moreover indispensably neces
sary for the preservation of the reserved rights
* Mr. Madison in his Report thus describes the cases
which he supposes would call for the interposition of a
State "to avert the progress of usurpation.’* 1st. "Where
the violation of the Constitution shall be of a nature dan
gerous to the great purposes for which it nras established.?
2d. It must be a case "not obscure and doubtful, but plot
and palpablel" And lastly, it must be a case “sty Jt>t
wijfr dflihpratfcftoy^cDiJiup iml/bududharcm*,?