The federal union. (Milledgeville, Ga.) 1830-1861, July 24, 1830, Image 1

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*-* -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*,?