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/ ““ UiLUtlK VI—NUMBER 46.] MILLEDGEVILLE, (GA.) THURSDAY, MAY 12, 1836, [WHOLE NUMBER 306 EDITED BV JOHX. A. CIJTilBEUT, Sidle-Printer. •siON is published every Thursday at THREE DOLLARS TS. ' , n niv ince, or FOUR, it not paid before the end cf ti c p'oiflce is on Wayne Street, opposite the State Rank. rt» r 'ea chrmeNTS published at the usual rates. i Citation by the Clerks of the Courts of Oulinary tha the Union was a government of limited powers. It was established by the people of the United Slates, in part, and principally for the control and enjoyment of sncii rights arid interests as experience had taught them they could best enjoy in common. But whilst established in *p‘ ,!,c ^Tth1kxy days at least. I P art l ' or ' h } s P>‘. r P‘»so it wat, to a certain extent, v « t,ll6 „Ktr Executors :in<J Atlminiatmtori frr Debtors and rredi- , as mu^h Hie object of thft national iiSSOCiiitlOn to * “ l'-t t.fk i. 1,1 ic I, n.i V i Y YL r l 1 Cl C . . ... " is. B. Etc h is been made for Letters of Administration, must be .. «• »’ v' mVrt lief verti ivisisr. add addi’ional securities to the independent en joyment of the separate rights of the States as ccouiits. must be published .SIX WEEl tcecutors and Administrators must l.e a, D AYS before the day of sale. rsonal >ir"perty (except nesroes) of testate .nl :nte _ Executors and Administrators, must be advertised swell, as it was to concentrate the powers of tile ? oi! bonnes by Executors, Administrators and Guardians to the whole for Certain national purposes. AppllC\ IjHlfV r/\v lanv, I ft call f m.l itnntt ha nn I >1 i u hail Pi If R r t . . _ * * ;ourt o ®& S !-dbHshe C d“ix monthh" 15 *” 10 ” forLctlersDismis ' j°y tlieir nearest and dearest rights ' » ordinary for leave to sell LanJa must be published FOUR r T „ I . . .1 o. . i ms under the State governments, the people en- was granted, and not to effect purposes for other claims secured to the citizen under the I of the committee, he said, (if it be one, ar which the power wits not granted. If these same constitution. The rights of domestic I believed it to be, with a!! due respect,) sec and iic Mr. K. said, the source from which wc derived erned j our power; and lie hoped gentlemen would not i-ositiotis were true, it was plain that congress slavery were Slate rights; the freedom of the 1 to him to have arisen from a misapprehension of ' refuse to vote for the bill because they could not uud a right to regulate its own action under its press was a State right: and they could be easi- | the nature of the question ho was deciding. The j agree to the principles of the report or reconcile own power,*with a due regard to those rights of ly reconciled on the principle that they did not ; question was one on the affirmative of power I it with the bill. the Stales recog .izt d in the constitution, audit necessarily interfere with each other, and should \ under a limited constitution. Wc could run j He did not know how the cl.airman of the was tlte duly of congress to do so. not be permitted to do so. The freedom of the ! with the current of constitutional authority, but ; committee could have fallen into this thorough -Mr. King, after laying down these general press in the Slate of Maine should not interfere j we could not run against if; 'and the senator j iaconsLtency, unless it was that he had seen the princip.es, proceeded to nonce the spi eitie ob- with the rights of slavery ia the State of Mis- might just as well say, tli.it ii a man had power ; recommendation, and took it for granted it must to swim down the /alls ot Niagra, it was per- bo all wrong, as it had been made by the presi- fectly plain that he had power to swim up them. ! dent. But on further consideration he bail V\ e never asserted a right to exceed a limited tound it r.glit, and that the South expected jections. The first, ho said, was, that any sissippi. As- domestic slavery in Mississippi modification of our laws preventing the circula- i should not interfere with the freedom of the tion, through the mail, of abolition matter, j press in Maine, and as the States could not in- would abridge the freedom of the press. And terfere with each other in these Stale rights, ! power by acting strictly within it. The army, j something to be done; and hence this opposition The whole ; where did gentlemen, under this sacred right of how could they ask the general government to i he said, was confined to the general govern- 1 report accompanied bv an administration bill. J°fo r T’O u it* mi ?n th s a rea ' os,;ite mU8t bc system of their domestic economy was protected ! the freedom of the press, obtain for the aboli- lend them its agency todoso, when that gov- j n>nt, but a protection was also provided to the j Yes, said Mr. K , an administration bill; I r “!'ij estate by Executors, Administrators and Guardians, and regulated under these jurisdictions. They I tionists the right to use this government as an eminent was by its constitution bound to pro- citizen, in the constitution against tiie quartering i wish mv friends to understand that, and hope , h , miiiiished SIXTY DAYS before the day of sale. These m “ 51 bo made at the court-house door between the hours of 10 and 4 in the afternoon. No sale from day to day is n , t unless so expressed in the advertisement. ”' i.rs nf Court f Ordinary, (accompanied wtln a copy of the viBil agreement) to make titles to land, must be advertised underexecutions regularly granted by the courts, u?t be advertised THIRTY DAYS-under mo.Wage: executions, JlirYD AYS—Sales of perishable property under order of l ourt, ,X ..h. advertised generally, TEN DAYS before the day of sale. ,;U . : ,‘ers for Advertisements will he puuctna.ly attended to. * »U buters directed to tins Office, or the Editors must be nost- toct and respect both rights'? llow, then, did we abridge the freedom of the press by withholding the national agency from all means calculated to abolish slavery ia the slaveholding States, when the national govern- ■A'l letters directed to this ... them to mention PGiilU V should have reference to State rights, when those rights were recognized in the constitution and secured bv it. It was unnecessary Mr. King said, to refer to 1 he powers of a purely national character; suffice it to sav, that both governments, State and federal, were established by the people for theirown purposes. These purposes were not inconsistent with each other, and never could iTlIOUGIlTSri.t'F'S't’KD UY THE NEW \ EAR. by thomas Campbell. The more we live, more brief appears Our life’s succeeding stages;— A day to childhood seems a year, Anti years like passing ages. The gladsome current of our youth, Ere passion yet disorders. Steals lingering, like a river smooth Along its glassy borders. B„t as lhe care-worn check grows wan, And sorrow's shafts fly thicker, Ye stars, that measure life to man. Why *e.-m your com* s quicker? tVhcnjoys have lost lh. ir bloom arid breath, And life itself is vapid, Why, as we reach the Falls of Death, Feel we its ti<l. mure rapid? It may ho strange—yet who would change Time's course to slower sj.eedt When one by one our fn nds have gone, And left our bosom bleeding? Heaven gives our years of fading strength Indemnifying fleetness: And those of youth a seeming length Proportioned to their sweetness. INDIAN SERENADE. Awake! flower of lh * forest, beautiful bird of the prairie. Awake! awake! ihou with the eyes of the fawn. When you look at me, I am happy, like the flowers when they fX 1 lhe dew The breath of thv mouth is as sweet as tlte fragrance of flowers in the morning—sweet as their fragrance at even ing, in the moon of the fading leaf. Does not the blood of my veins spring towards thee, like the bubbling springs towards the sun, m the moon of the bright night.-? [April.] My heart sings to thee when thou art near, like the dan cing branches to the wind, in the moon of strawberries! [June.] When thou art not pleased, my beloved, my heart is darkened, like the shining rivt r when shadows fall from lb* clouds above. Thy smiles cause ray troubled heart to be brightened, as the sun makes to look like gold the ripples which the cold j object and evident design <il which was the de- wind has created. 1st ruction of an interest recognised in the con- Myself! behold me! blood of my bleeding heart. j .• The earth smiles—lhe waters smile—lhe heavens smile, j SlllUtlOll, but I—1 lose the way of smiling, when thou art not hero. i States. Awak-! awake! my beloved. surrendered none of these rights, of a purely | involuntary instrument for the abolition of slave- local character, by the adoption of the consti- i ry > n the slaveholding States? lotion; but. on the contrary, they added addi- I They claimed it under the amendment of the tioeal securities to them by force and virtue of constitution, which prov ides that “congress the national association. There were many j shall make no law respectin'* an establishment _ _ instances of this- bu. the most appropriate, and 1 religion, or prohibiting the free exercise ment had no power for this purpose, either ex- enough for his purpose, was lhe right of the thereof, or abriding the freedom of speech, or pressed or implied? Wo do not, said he, pro- slaveholder to reclaim his fugitive slave on eve- ! l he press, or ot the right of the people peace- i pose to prevent the printing and publishing, or rv foot of the territory of ihe Union. This was 1 ; *bly to assemble and petition the government even the circulation of any matterpermitted by a Stale right not previouslv possessed, and for a redress of grievances.” Now, said Mr. j the laws of the respective States within tlte lim- which the slaveholder acquired by virtue of tiie King, those who have been here during the its of the States where printed and published; consiitution itself; and the slaveholder had a session, must feel somewhat astonished at the and as the right was acknowledged to be a constitutional right to tiie whole power, moral aw lui respect which is paid by the senator from State right, it could not be further insisted on, and physical, of this government to enforce it. I Carolina, to one right secured by this amend- ! except for purposes purely national, and there- lie referred to this only to show that, under our merit, when they recollect the unceremonious fore not. conflicting with the rights of other system, the action of the General Government Dimmer in which he treated another, expressly States. The power was given to keep up a so- secured in the same article. It would be seen, j cial, friendly, and commercial intercourse a- hesatd, that this was the same article in which the right ot petition was expressly secured to th 4 eworst, as well as to the bt si citizens, and to petition for the worst as well as tee best objects. And yet tire senator had refused to receive petitions on tiie subject of slaver), and had agitated the country for months, hy making war on a parcel ul women and children, dis- be made so under a correct administration of appointed oid maids and boarding school m sses: mong the people of the States; a ml, so far as it extended an intercourse among the people of the different States, it was the creature of the constiiuiiou—must be confined to its objects, and could not be ustd to destroy an interest which we had no right to much, and which, on the contrary, by tbe constitution, we were bound to secure. Further, Mr. K. said, it Was admitted that if both governments. And it was as much our duty in legislating under the constitution, to legislate in reference to the local and peculiar rights of the States, when those rights were recognized in the constitution itself, and by the constrution si cured to the Slates, as it was so to legislate as to secure the objects of the go vernment when purely national. The consiitution of the United States, he said, like every other instrument, should be taken -.s a whole, and so construed as to make every clause effectual, and give Consistency to all its parts, and t ins without bringing the action of tlte government under one clause into collision with its action under another. The president, then, had recommended con the lormer ciass navtug perhaps lust ail sympa- I the freedom of the press was infringed by such thies with the wo;Id, and the latter not having learned any thing about it. These p( tilioner.-, such as the> were, were not pemiil ed under an express right to ask congress in its discretion m abolish slavery in the District oj Columbia, whilst ihe same senator, under-the Name clause, looked beyon the constitution for a remote, mi- modification of our laws as proposed by the president, it was done by implication. Was there then any implied right in the ciiizen to claim an involuntary agency of the general government in the circulation of any matter beyond the limits of his own State, which by the laws of that State might be there printed plication, to secure to the same persons tlte ac- j and published? if so, from what source was uve and efficient agency of the government to abul.ju slavery in all Ike since.to/ding slates. He said although the senator had been long a politician, he seemed very subject to the emo tion of astonishment duiing the present ses sion, and on one or two occasions, liud expressed astonishment at him, (Mr. King.) As lor him- gress to pass a law so regulating the action of SL ‘h> however, tnougti only a tew years in the government under the post office power as politics, he Mad already ceased to become astou- to withhold the agency of the mail in the trails- nshed at any tiling, or he should be amazed at mission of certain matter, the acknowledged i the different positions assumed by the senator on this amendment of the constitution. By petitioning congress, he said the petition ers could do no harm, unless congress did it for and bv the constitution secured to the POLITICAL. IN SENATE, April 11, 1836. SPEECH OF Mil. KING, OF GEORGIA. On the bill to prohibit the circulation through the mails of incendiary publications. [.Mr Calhoun was entitled to the floor, and expressed a wish that if any senator wished to address the senate he could do so, as lus argu ments were to be found in his report, which senators had read, and he wished to conclude the aigument.] Mr. King of Georgia said, he had intended to sav something upon the subject before theques tion was taken on engrossing the bill, and as the ssnator from Carolina so wished it, he would as soon say it then as at any other tunc. IL- should support and vote lor the bill, and if the chairman of tiie committee had been content to report the bill without his reasons lor it, no dis cussion would have arisen between them on the subject of the bill or the bill itself. But as his support of the bill might be taken as an implied assent to the principles of tiie report, he must ssy enough to set himself right on that point. He said, before and since the president had recommended tiie subject to tlte consideration of congress, he had thought the subject was clear of all constitution'll difficulties. He did not recollect to have heard the constitutional power of congress over the subject seriously doubted until tlte president Mad made reference to the subject in his message. That there were difficulties in the details <»flegislation necessary to fasten upon the mischief complained of, had j been anticipated by many. But, Mr. King said, positions had been as sumed and principles insisted upon bv the sena tor from Carolina, not only inconsistent with the bill reported, but iie thought, inconsistent with the existence of the government itself, and which, if established and carried into practice, •must hastily end in its dissolution. He did not believe the government could stand a twelve month if we wore to establish as a fundamental principle, that principle of permanent necessity fora collision between the State and tlte General <jovernmeuts, which he thought might be de ducted from the principles of the senator Irom Carolina, as laid down in his report. VVliat were these positions? Why, is was insisted that congress had no power so to modify its laws under the post office power as to refuse to trans mit matter intended to abolish slavery in the slaveholding States; because, 1st. Such legislation would abridge the free dom of the press; and 2d. Because such legislation hy congress would assume a power fatal to the rights ot the States. He thought the second objection the most cx- I Under what ciassfication of powers did such j legislation fall? Mr. Madison, in his cla&sifica- j tion of powers granted to the general govern ment, hail spoken first of the powers to secure the country against foreign danger; secondly, j for the regulation of foreign commerce; and thirdly, of the impoitant and extensive class— “for the maintenance of harmony and a proper intercourse among the States." W hat, inquired Mr. Kiug, are the specific powers making up this class? It was unnecessary to enumerate all of them; the most obvious would occur to all. They were also enumerated by Mr. Madi son; and besides the power to regulate com merce among the st veral States, and others, was to be found the power “to establish post- offices and post roads.” The power “to establish post-offices and post roads,” was then a power belonging to that class given to the government “tin- the maintenance of iiaitnony and a proper intercourse among the States.” It was, ol them. They gave us notice of tiieir existence and designs in the least dangerous way, unless , sued a right derived? It could only attach as a necessary and proper means to some consti tutional end. What was that constitutional end here? The senator from Carolina insisted that the right to print and publish, impii' J the l ight to circulate, and as the post office power was surrendered to the general government, there was an implied right to claim the agency of that government in the circulation of whatever a State might permit to be printed and published. As the right to print and publish was acknow ledged by the senator to be a local and Stale right, it was a little strange how the incident could bc extended beyond the principal power. The truth was, that the post office power was itself a distinct power, and could only be called | ot soldiers on hint in lime of peace. Accord- they will not fall into the same error with re- | ing Id the doctrine of the report, if we were to | gard to the chaitman cf the committee that ho ■ puss a law to make that protection efficient, and ; did in regai J to the president, and take it lor j as a matter o! discipline punish the olficer for j granted that the bill is wrong because it has j a violation ol it, we would thereby assert the been reported by the senator from Carolina.— j power to violate the right at pleasure in lace ol j Sir, said he, the hill is right, and precisely coa- | the constitution. As a further illustration of i fbrmable to tlte views of the president, against thedoctrine of the report, ho instanced tlte pro- j which the report is made. Mr. IC. then rend prietor of a freehold, who had full authority on , that part of the message which indicated the his own estate, but had no power to cross the j character of the law that tiie president reccm- line and trespass on the laud of Ins neighbor: mended, as follows:—“In leaving other brunches and yet, if ho wished to respect his neighbor’s j of this interesting subject to the Slate authori- rights and forbid his servants to commit trespass- i ties, to whom thev properly belong, it is never- cs, and punished their disobedience, he thereby, thcless proper for congress to take such mea- according to this doctrine, asserted a right to i sures as will prevent the postoffice. department, trespass on his neighbor at pleasure. Ihe 1 which was designed to foster an amicable inier- plam difference in all these cases, Mr. K said, j course and correspondence between all the mem- was, that wo had power in the one case and had hers of tlte confederacy, from being used as an no power in tiie other. instrument of an opposite character. Thcgen- 1 he power here was limited by the purposes ; oral government, to which the great trust is con fer which it was to be exercised: we could go tided of preserving inviolate the relations creat- with the constitution, but could not go against cd among the States bv the constitution, is cs- it. We could act within our constitutional Inn- pecially bound to avoid, in its own action, any its, but cuuld not go beyond them. Whether j thing that may disturb them. I would therefore we could enforce the circulation of a paper ! call the special attention of congress to the sub- through the mail in the slaveho.'ding Stales, ject, and respectfully suggest the propriety cf would depend on its character. It it were a passing such a law as will prohibit, under severe commercial letter, a bill cf exchange, a bill of! penalties, tiie circulation in the southern States, lading, a war despatch, or any other paper fair ly connected with the granted powers, and so cial relations as established by the constitution, and not inconsistent with the reserved rights of the States, in that case its circulation might be enforced. If of a different character, it could not be enforced, and the State whose acknow ledged rights might be affected, could interfere and arrest the circulation. Each government should act within its own powers, and in doing so asserted no right to go beyond them. But, Mr. K. said, it was a waste of time to dwell longer upon this report, as the bill report ed by the chairman of the committee was a through the mail, of incendiary publications, in tended to instigate ihe slaves to insurrection.” No new power was asserted here. On the contrary, the power of the States over the whole subject of slavery is admilted. The postoffice power is asserted to be in ihe general government, and wc are only recommended to use it in such way as not to disturb 'die rights wo acknowledge in the State s. These are pre cisely the principles of the bill. We might adopt tlte laws of the Slates where wc acknowl edge their right to pass them, without deliving any authority from them. In placing this con fidence in the Stales, where we wish them t<> we made K dangerous. N'o one ever intimated j on io execute its own proper purposes, or by irn- thut to refuse to receive these petitions, would diminish the number ol abo.iiionists; on the contrary, it was well known it would iucreuse them: uud whilst they were in tlte country pio'.ting mischief, lie wished to know wMo they plication as necessary and proper to some other constitutional end. And he again asked, what was that constitutional end here? The aboli tion of slavery in the slaveholding States? It could be none other. And was that the consti- practical refutation of every principle laid down : aid us in respecting their rights in the exercise in the report up to that part ol it which recoin- of ours, we had only to see that the law to bo mended the bill. The bill proposed to congress j adopted was such as they had a right to pass, to do that which the report said congress had ( This was done in the bill wh ch confined the no power to do. 1 laws to be adopted to the subject of domestic The position assumed in the report was, that | slavery, which all acknowledged t'o be under the amended article before referred to, deprived ! the exclusive jurisdiction of the s!avcholdin rr eongress of all power over the subject, because States. “it Wits the object of this provision to place the Mr. K. next proceeded to notice the argu- frecdom of the press beyond the possible inter- meats of the senator from Massachusetts, (Mr. ferenceof congress,” d:c. “It withdraws from Davis,) who hud attacked the bill principally on congress all right of interference with the press tiie ground of expediency, fie., had staled that in any form or shape whatever." This, he said “it took the whole postoffice power from the was the language of the report, and as the right general government, and gave it to the States.” to circulate was assumed as an incident to this Not at all—not a particle of postoffice power were, wuere ttiey were, and what were their \ tutional end which so irresistibly drew after it freedom cl the press, any interference with cir- I was claimed by, or given to, tiie States by the cuiation by refusing to transmit any thing the 1 bill. The general government was only so re states might permit to bo published, was con- ; gnlating that power in itself, as to respect the 1 ‘ ^ ’ Now, said; rights of the Slates. But the senator further views and designs. All insisted this was im- sidered a violation of th Hit. as an incident, the involuntary agency of the portant information for the south; and as a j government in the circulation of matter ealeu southern man, if he had his wishes, he woald j iated to abolish slavery in the slaveholding like lor every abolitionist, man, woman, and ! estates? When the question of connection bc- j Mr. K. what are tlte provisions of the bill? If objected, Mr. K. said, because it would be es- cbild in the United Stares, to petition cotigress ; tween means and ends was proposed to us, we j it does not interfere “in some form or shape” tabiishing an inquisitorial power in the postoffice on the subject, if he could only be assured that i must deetde it; and we here saw plainly an un- • with the circulation of matter, the printing and , department. And did the senator from Massa- their petitions would be prudently treated.— j constitutional means insisted on because it pro- publishing of which is perfectly lawful in the ; ehusells propose any thing better? It was cer- Tiiese petitions not only gave us the sentiments j posed an unconstitutional end. But the senator Suite where published, I care nothing for it.— ' taiuly unfortunate that any of our citizens should and designs of these people, and showed us j from Carolina most strongly insisted, lie said, Mr. K. read the bill, and said ii would be seen league themselves with foreigners, and engage where they lived, but kept the soutn advised of! tliut un implied right claimedtor anunconsiitution- ! that it prevented the transmission, by mail, of in a species of mischief that makes any extru- the feelings of congress on the subject, which j at purpose, shoutddej eat Lhe exerciseofan express i papers, icc. on the subject of domestic slavery, ordinary measures necessary, either by the was all important to that section of country.— i power, when that exercise was proposed Jot a j from one* Stale to another, when by the laws of State or general government. With such admonition, the south could never be taken by surprise. In every view of the sub course, auxiliary to every other power belong- ... in<* to this class', but could not be made incoti- ject, even on the score ot expediency, me more The power was I !l ° * UI< ^ reflected, tiie better was he satisfied with si.stent witn any ot them, i no power granted in a general and simple form; it was not stated what we should carry by mail, or what vve should not carry. This was lelt to be limit ed oniv bv lhe purposes of the grant, anti to b: reconciled with the oilier provisions of the constitution. With this limitation, like every general grant, it was submitted to the discre tion of congress, who have power “to pass all laws j necessary and proper to carry into execution the ; powers granted” in ihe constitution. Mr. King then asked if the existing laws, j which authorized the transmission by mail of j abolition papers from the nou-slaveholdmg to, the slavehokling States, were laws “necessary j and proper for the maintenance of harmony, j and a proper intercourse among the States? — ; Were they necessary and proper for the pre servation of an interest they were intended and j obviously calculated to destroy? No; ihev were unnecessary and improper for this or any other constitutional purpose. And yet it was said by the senator from Carolina that wo had no in dependent power to modify or repeal them; we were under the strange necessity of doing wrong, until the States might meet, and legis late, and compel usto Jt> right; thereby creating a fundamental necessity for a collision between the two governments. Why, said Mr. King, so far from being compelled to carry these aboli tion papers, in the spirit of the constitution, wc have no power to carry them. This resulted, he said, from the acknowledged right of the States to stop them. All admitted this right in the States; and upon what principle was it? It was simply on the principle that the circulation of such matter was not necessary for national purposes, and was inconsistent with rights which belonged exclusively to the slaveholding States. the course lie had proposed on the right of peti tion. Something was gamed by receiving, and certainly nothing lost by it. He was led to litis purpose acknowledged to l>e constitutional. He wool 1 ask the senator how it was possible to a- bridge a liberty of the citizen, by denying to him the means- of doing that which he had no liberty to do? He thought, then, that it was perfectly plain ; that the freedom of the press could not, by irn- j short digression, he said, upon a m-flion long ; plication, be made to control an expressly dele- since disposed of, in consequence ol’the subject j gated power lor purposes inconsistent with the having been revived by the senator, (Mr. Cal- objects of that power, and the general purposes ituun) who had again cast censure on those who ot the national compact. It could not, in this had voted against Ins motion not to receive petitions. Mr. K. then rcturneJ to the first position in the report, ami asked what vv.is the freedom of the press? How was it secured? For what purposes, and to whom? The security provid ed for the freedom ol the press, was by a re striction on the national legislature, intended to prevent any active interference with that right, us it existed in the rf.atcs at the time the con stitution was adopted. Tiie provision was only dcclatory of a pre-existing rigin, accompanied by an engagement not to disturb it. Tliut free dom consisted in the right to print and publish whatever might be permitted by the lawsoi the State, whose citizens insisted upon tlte right.— The privilege was a reserved one, and could not Do disturbi-d within the jurisdictional limits ot’ any State, by any active interference ot the general government w atever. iim as the and, when considered in reference to tho sub right was a State light, as tlte privilege was a j^ct, he still thought so. The senator had stat- local one, (and so acknowledged in the report,) e j that ii was perfectly plain that if we could the State to which the same was directed the ' But when men were aisposed, he said, to circulation of such papers was prohibited.— trouble tho peace of society, they could only be Here was an “interference” by congress with counteracted by laws. Laws could not be ad- circulation, and he thought a very strong and j ministered without officers, and officers must extensive interference: and how did the senator have some discretion, and it was possible lL-t reconcile tjiis interference with the principles of such discretion might be abused. But it was his report? Why, the constitutional difficulty difficult for any honest officer to mistake the was removed by the co-operation of the State, i character of these papers. The power had Co-operation with the State! and how could the been some time exercised by tho department, general government co operate in an act, which, J and no difficulty had grown out of it. Unieas according to the report, it is deprived of “all the papers were strongly marked, they were m : case, be made the cloak for any such unauthor- j right of interference in, in any manner or shape calculated to answer their objtc:. Their verv izi d mischief as that which was placed under its j whatever?’’ IIow could this government act in tide generally condemned them. They were protection. ! conjunction with another agent, when it was “anti-slavery records,” “emancipators,* Mr. K. said the construction put upon anoth- j under a conslitutianal restriction not to act at er law* had been referred to in the report anau- { all? But this, said Mr. K., is far from bmng the ihority; but it was plain there was no analogy j worst of it. The freedom of the press, as ae- whatever; fi»r in that law printing and publica- I knowledged in the report, is strictly a State cation were directly acted on within the states, , right; and as a Stale right, implies a right to and that by tha assumption of a power nowhere j circulate through the mail whatever the State granted. Unauthorized power was assumed to may permit to be printed and published, it is violate rights expressly reserved to the States; j tho freedom c i' the press in the non-slavehoid- whilst here we so exercise a power expressly ! ing Slates, then, that is affected by the law. granted in such way as to respect tho rights of ‘ Is this sacred constitutional right released by the Status. Mr. K. tool: leave of this branch the co-operation of the State? The co-opera- of the subject, and proceeded to notice the tion of what State? Tho State whose rights arc to bo affected? Not at all. According to this doctrine, the sacred reserved right of the freedom of the press in the State of Maine may he abolished in an instant by the action of the ; legislature of tiie State of Mississippi. The \ I people of Maine, though secured by tho sacred J guarantees of tho constitution, in a reserved \ Second ground; that such regulation would assert a power fatal to the rights of the States. Mr. K. said that he had already stated that he thought this a most extraordinary position; These were easily known, when sent in open pamphlet form, and it was riot expected that vve would be able to prevent any thing that should be sealed up, and subjected to letter postage.— With this charge on litem, they wouiJ circulate them not in such quantities as to produce excite ment. The only hope was to break up the ex tensive establishments on Nassau si root, from which this inflammatory matter was sent—not in bags and baskets, but by cart loads, to be shipped off’ to Charleston and other southern cities, there to produce excitement and be de stroyed. The dangers of this inquisitorial power, he said, were greatly magnified; But admit them, and what better was proposed by the senator from Massachusetts? Why lie proposed that the States should legislate. He acknowledged that the Slates had full authority over the sub- it could not be extended by expression or impii cation, or by Slate or national agency, unless some paiamount constitutional purpose required it. Diu any such paramount constitutional pur pose require tho extension here? He thought not. Tiie right, like every otuer constitutional right, must be reconciled with other constitu- tional rights secured to tho ciiizen in the same instrument. Most of the States, he believed, say what we would not carry, we might say what we would carry, and enforce its circula tion. Tins might ho very plain to tlte chair- man of the committee, but it was very far from being plain to liim, (Mr. Iv.) Prop .. us, Mr. Iv. said, the identity ol which, depended on easy conditions, were very convenient and popu lar with popular reasoners,from tlte great lati- cver" by the general government, may he cap itally punished by that same government for the exercise of this right, by the consent of the. State of Mississippi. Why, what a jumble of incou- sistent political powers and inefficient constitu- I tional securities is found here! That the con- stitulional powers of the general government tude which they gave to the speaker, and the J coli M be enlarged by the action ot a single right beyond “any possible interference what- i ject, and proposed that they should legislate, and that we should avoid this inquisitorial pow er “in the postoffice department.” Did it es cape the senator that the legislation of the States on the subject, was precisely the same with, as without this law? \\& only proposed to co-op erate with the slave States. And d:d the sena tor suppose that this “inquisitorial power” he complained of, would he more rigorously exer- If we" had a rreht 'to send them, the Stales ( had similar provisions m their own constitutions mcx | lciust ible material for argument which they : Stat0 > and enlarged too in its operation over the ' cised by the cool reasoning postmasters of the “uvtujuai/ (iiu uut wuuiu uwi'vo | n » the order in which they had been treated in the j papers by our laws, we assumed tiie r report. ' send them. This assumption was eithe lie said it was right, however, in tho first place, upon all constitutional questions, fur a correct understanding of the subject, that we should consider the extent of the powers granted to this government; and then make an analysis or classification of the powers, in reference to the object of the grant. We had then only to establish a reasonable and proper connection be tween the objects of the grant and the objects of the legislation proposed, and we had the power required. It would be admitted that the government of send them. This assumption was either right, or it was wrong. If right, the States had no right to interfere with us; and if wrong, we should give them no occasion todoso. Rights, lie said, might be co-existent and concurrent; but they could never be co-existent and incon sistent. Having no right then to use any means inconsistent with the acknowledged rights of the States, we could n«>t bo compelled to do so through the post-office power, whicn was limit ed bv the purposes of the 1 grant, and should be carried into effect by laws “necessary and pro per” to effect the purposes for which the power north, than by a southern postmaster, a commit tee of vigilance, and an excited mob? He pre sumed not. Why then send these papers from one end of the Union to the other, at the pub. lie expense, to trouble and excite the communi ty, endanger the whole mail, weaken the nation- traordinary of the two, but would notice them in { had no right to stop them. In -sending these ! for j h « protection ot the ireedom of the press. uslia lly afford. By the use of them, the orator ; n ? !us ot States l j iat dano1 «»“- 7 ’ .. . ! ■ 1 right to | And yet it had never been seriously, or at any cou |j iVoqueuffy Jet himseff off into a train of; sen K was one of the strangest doctrines that rate success!ally contended, that such prevision reasoning without any assignable iimita* b*td evci giown out ui tno licres.es o. modem was a protection to the libeller or slanderer; and jj ()n whatever. He had the advantages ot* the why? It was because such an extension of the Hieory of the northern diver (whose name he privilege would be inconsistent with other pri- j 1a( j forgotten) whose theory was, that it was vote rights, secured to the citizens under the j ast as ,.asv to do one thing as another. He same constitution, and was not at all necessary believed, however, that he had furnished a prac- to tnc reasonable and useful enjoyment of tbe refutation of his own theory in tho end; right. Each provision could be madecifectual, p or | ie had found it perfectly easy to leap down and answer al: its useful purposes without any f rom an elevation of one hundred feet into ai con Act between them. Any claim then, said gulf of water below, but did not find it so easy I . . - . - - Mr. K., which ihe freedom of the press has to i„ leap back a^ain. Thcerror of the chairman ! cr lruV3 > amI pun:3h-their infraction; which car- and ambition of these disturbers of the quiet ot •n"'C‘‘Ssarv and uro- our attention in this place, especially when the 1 1 L J ry into effect tho objects of the power and duly the country. They, the abolitionists, knew ” * - v * claim is an implied one, must bc reconciled with j * Alien ar.d sedition h*v .respect tho rights of trie States* H ro was, . perfectly we;! that these papers woe.!-! be de»- times. The truth is, said Mr. K., we have the power to act in this matter under the constitution, or wc have no power at all. W any power from the laws of upon the citizens of another. We derive our bo destroyed before they came into the hands power here under the constitution, which gives 1 of those to wfloin they were directed? There us exclusive charge of the post office depart, could be no possible object in this useless agen- ment. Under this power we can pass all prop, cv on our part, except it be to gratify the piide We cannot derive | al sympathies of the people, and threaten our if one Stale to act institutions, when it was admitted they would