Newspaper Page Text
fleiice, also, they gradually as-tuned lognizmce of the inten
lions, and even the thoughts of men, and the tendencies of
their words and writings, in the streets, and in the sacred pri
vacy of the closet, on a subject of universal concern and ever
lasting interest, & subjected them to the never-sleeping eye of a
body of informers, under the name <>l lainili irs, The parallel he- j
tween the hill referred to the com itittee and the origin of the in- ■
<piisitioti, is ns striking as it is alarming, and dilfers less in the '
means than the end ; the one being designed to render religion
pure and incorrupt, and the other to preserve the 11 dive (ran- ■
chise pure ami incorrupt. The delegation of such unlimited
power corrupted even the sacred priesthood ; ami religious
heresy became the means of' their power, and the terrible in
atninieiit of their malice or tyranny. Are l.s\men more pure
or safer depositaries of unlimited discretion? May it not he!
justly apprehended that political heresy may Leconte, in the
hands of the judiciary, as formidable a means of power and
as vindictive an instrument of malice or tyranny ? “Cotifi-i
Hence is every where the parent of despoti-m ; free govern->
mentis founded in jealousy, not confidence. It is jealousy,,
not confidence, which prescribes limited constitutions, to I iml '
down those whom we tire obliged to trust with power.”
The committee believe that the spirit of' our institutions is ■
onward ; and that it is more consistent with that spirit to look
upon the ruins of the inquisition which lias fallen before the
progress of hum m liberty, as monuments of' its triumphs,
than to find material- to reconstruct new fortresses, from which
to assail the imprescriptable rights of man.
The magnitude of the discretionary power committed by
this bill to th'* j idiciary, h is a tendency to convert our form of
Government into a judicial despotism, q lite ns intolerable to a .
free people, and cqu div ns odious as any other. The history
of the star chamber, like that of the inquisition, proves that |
no class, however venerated and elevated, is the safe deposito- ;
ry of unlimited discretionary power, even fortlie most holy I
mid salutary ends. The most dangerous and destructive as
ttaults upon human rights have been made from fortresses erec- .
ted for their d< fence. It deserves serious consideration, wheth
er a law like this bill could ever be carried into execution at j
this day, and under our free institutions—a law which pros
trates the freedom of thought, of action, of speech and of the '
press, so far as respects a large portion of the most intelligent, I
respected, and meritorious of our citizens. The great body of!
the functionaries whom this bill would affect have been honored i
by the selection of the people, to discharge responsible duties, i
for their honesty, capacity, and fidelity to the constitution.—
The habitual reviler of republican institutions, and of the ca-1
parity of the people for self-government, may in vain attempt
to fix a stigma upon all oflicers who derive their appointments I
from the people, for the purpose of thus gradually undermining
their confidence in •!.<• Government of their choice, but the
people will always be found true to themselves, and will never
submit l<> the execution of a law which deprives their fellow
citizen of his inherent, common, and equal rights, simply be
cause they had distinguished bin, by their favor and preference.
In the opinion of the committee, this bill would arm a body of
informers with dangerous powers. In the contests of parties it
mav happen that the Slate functionaries may unite w ith the cor
porations of associated wealth, in a parly struggle to obtain
the power of the Federal Government; armed w ith the tn-ruen
dous enginery <>( this law—actions of debt, bill, or plaint, in
any District or Circuit Court of the United States, and pe
nalty and costs —is there not reason to fear that it would be
used with ruinous effect against such of the proscribed officers,
as would not use “the great powers” given to the oflicers of
the Federal Government to promote the views of the office
seekers? On the other hand, would it not enable a corrupt
Administration, in like manner, to punish them for an inde
pendent exercise of their judgment?
The committee will only advert to one other objection to the
policy of this bill. Its obvious tendency is to alienate the peo
ple from the Federal Government, by infusing a jealousy of
its powers and its officers, by unjust discriminations between j
the two sets of functional ies chosen by the people, to carry on
the two co-ordinate departments of the one single and integral
Government, formed by the compact of the States ; to array |
the State Governments and its functionaries against the Feder
al Government and its functionaries, and thus gradually to un
dermine or weaken it, by treating as aliens in the Slate Gov
ernments those who accept office under the Federal Govern
ment. In short, its leniency would be, to “alienate one por
tion of the country from the rest, and to enfeeble the sacred ■
<ies which now link together the various parts,” and therefore,
in the opinion of the coinipjttep, it ought lo be resisted in the
bcttinniiiir.
The committee are aware that a precedent may be found for j
the principles of this hill, and alm >st its language, in the legis
lation us Eiglan I. S > also may be found a precedent for the
total disfranchisement of the officers of the customs, excise, du
ties, and post office, while holding office. Such a plant may
be indigenous in such a soil. Here it must ever be an exotic,
from the essential difference betwean the two Governments.—
In the British Government the jealousy of encroachment on the
rights of the people is confined to the King. The representa
tives of the people are considered not only exempt themselves
from distrust, but likewise the guardians of the people against
such encroachments. Hence, there, it is a principle that Par
liament is omnipotent; and all barriers are raised, not against
the Parliament, but the prerogative of the King. Here, all
power emanates from the people; and the constitution, which
is paramount to all laws, secures them, as well against legisla- :
live as executive usurpation. The committee are not prepared
to yield to the policy of importing the chains and gags of the |
legislation of Great Britain to manacle and fetter lite freecili
*ens of this country. The free and honest exercise of the right ;
of suffrage ought not to be abridged, shackled, or filtered by i
Federal legislation; nor should any class of citizens or set ofj
officers be rendered odious by jealous distinctions. The com-,
mittee can perceive no reason fir the adoption bv Congress of
any restriction upon any of what they deem the inherent and ,
unalienable rights of every class of citizens, merely because
lhey have been honored with the confidence of the people.— ■
They know no objection to reason, argument, or even persua-|
lion, by word, message, or writing, at any time, from w homso-j
ever it may proceed, or by whatever motive prompted. Nori
do they understand on what just principles it can be maintain-;
ed that the possession of offiee simply should deprive a citizen
of the Influence arising from character, intelligence, integrity,
ami the confidence ami influence which they inspire, and of the
right to use them as others are left free to use theirs. The
committee can find no scales in the constitution in which to
weigh the relative patriotism, integrity, and independence of
the functionaries of the Federal and State Governments, and
the officers of corporations, or the employees of individuals.
They cannot believe that the employees of the Federal Gov
ernment are more corrupt or corrupting than those of other
bodies corporate or politic, or <>f individuals. They are satis
fied that the best corrective of any abuse of the freedom or
purity of elections, by the officers designated, in the manner
rendered penal by this bill, even if any such exists, will be
found in an enlightened public opinion, which, sootier or later,
depends upon the legitimate moral force of truth, and the in
fluence of reason and fair argument, irrespective of mere offi
cial authority. So far, they believe the experience of the work
ing of our institutions has proved the truth of the axiom of the
great apostle of democracy, that “error of opinion may always
be safely tolerated, where reason is left free to combat it.”—
They can fidd no justification of the policy or justice of restrain
ing by law, the unlimited liberty of the exercise us the freedom
of speech or of the press by every class of citizens, whether
in or out of office, than such as in other countries has prompt
ed the establishment of political or religious inquisitions, anal
ogous to the tendencies of this bill, which arc alike at w ar with
/■jperience, the spirit of the age, and the genius of our institu-
But if any mischief has arisen or may arise from this
•ouree, the legitimate remedy must be sought and found in the
legislation of the several States, whose constitutional duty it is
to prescribe the privileges and immunities of their citizens,
free from the control of Federal Legislation.
But whatever may be the opinion entertained as to the poli
cy of this law. lite committee are of opinion that the remedy
proposed is unconstitutional. The second set lion of the first
article of the constitution declares that the members of the
House of Representatives shall be chosen “ by the people of
th' 1 States, wlto shall have the qualifications n quisite for the
electors of the most numerous branch ol’ the State Legis
lature.” And article second, section first, declares that elec
tors of President and Vice President “shall be appointed in
such manner as the State Legislatures may direct;” and the
second section of the fourth arl’n le of the constitution declares
ilbat the citizens of each Slate “shall be entitled to all the pri
vileges and immunities of citizens in tiie several Slates.”—
Congress, therefore, have no right to intermeddle, by law in
prescribing lite qualifications of electors, or the mode ol con
ducting election* of members of the House of Representatives,
or electoys of President and Vice President, nor in respect to
the privileges or j u.mioities of a citizen of a State. That right
In longs exclusively to the States, and is by the Constitution
"itnlu ld from the I ederal Government. It is difficult to per
ceive upon what constitutional grant of power the right to pre
scribe the qualifications oi electors’, and the mode of conduct
! ing State cloctions lor State officers, can be sustained, and the
committee < aniiot find any warrant in the Constitution for its
! assumption by Congress.
hut it any doubt upon this subject could exist, it is dispelled
by the first article of the amendments to the Constitution, which
; det lari s that “ Congress shall make no law respecting an es
tablishment of religion, or the free exorcise thereof, or abridg
ing the Ueedum of speech or of the press, or of the right of
the people peaceably to assemble to petition the Government
; lor the redress of urievances.” The committee believe that
the powers of the Federal Government result from the consti
| lotion, and ate limited by the plain sense and intention of that
j instrument, an i that the Slate sovereignties are only diminish
ed by powers specifically enumerated, or necessary to carry the
specified powers into effect; and that the Stales, by the Con
stitution, retained to themselves the right of protecting the
freedom of religious principles, and of judging flow far the li
centiousness of speech and of the press may be abridged with
out lessening their useful freedom, and how far the abuses which
cannot be separated from their use should be tolerated, rather
than the use be destroyed. The freedom of religion, of speech,
and of the press, and of the light of the people peaceably to
assemble and petition for the redress of grievances, is withdraw it,
j in express terms, from the powers of the Federal Government.
I (is deemed unnecessary by the committee to attempt to demon
strate these propositions. They have already been done by
; the resolutions of the Virginia Legislature in 1798 and 1799-
! 1800, and the resolutions of ifre Legislature of Kentucky in
1898—1799. The provisions of ibis bill are, in the opinion of
: the committee, more clearly uncoustuuiioual than those of the
' alien and sedition laws; their tendency is more clearly aud nn-
I equivocally to abridge the freedom of speech, of the liberty of
; the press, and of the right of peaceably Assembling. It is true
j it is confined to a particular class, certain designated oflicers
■ under the Federal Government; but it will hardly be serious
jly contended that this makes any essential difference. If yon
! may law fully abridge the freedom intended to be secured by
- the constitution to all, by laws embracing only a portion, you
' may thus proceed until all are finally deprived of their rights.
Under every aspect that the committee have been’ able to
view the provisions of this bill, it appears to them that they are
unjust, unequal, impracticable, impolitic, tyrannical, and un
: constitutional; that it is founded on an assumption o( power by
j the Federal Government, not granted by die Constitution, and
I destructive of the rights of the several independent States coin-
I posing the Union, and of the constitutional rights of the citi-
■ ?.ens of those States, and that its provisions are of a most alar
ming and dangerous tendency—not called for by any existing
! mischief, and would not afford the appropriate temedy if snch
| mischief existed. They, therefore, respectfully report the said
! bill without amendment; and recommend that the same should
not be passed.
From the Washington Globe*
In the Senate to-day, the bill to prevent and punish defaulters,
was under debate on a motion of Mr. Clay of Kentucky to refer it
\ back to a committee for amondment. It is equivalent to a defeat
j of the measure, when little more than a week remains of the session,
j to send the bill out out of the Senate, which has never been before
the House. This shows how sincere the Opposition are in the great
j anxiety they profess to guard the public treasure from those through
■ I whose hands it must pass, under any and cvcrv system of collecting,
I keeping and disbursing it. It is clearly the wish of those opposed to
the bill introduced by Mr. Wright, from the Finance Committee,
| (the while scope hf which is to secme the public money from depre
; dation.) to save officers from the heavy penalties and ignominy which
must follow a breach of trust, in case tire bill passes. Whiggerv, and
the corporations it would encourage, can only hope to succeed in
the political and mercenary designs they have in view, by relieving
•| collectors and others from that weighty responsibility which must, in
I putting an end to defalcations, put an end to hopes which exist onlv
I in the difficulties and abuses that may find foothold and security in
the present state of the system. Those abuses have had the encour-
I agenient of the Federal party from the foundation of the Govern
ment. The system introduced by Gen. Hamilton had its origin in
! corruption and grew with the effort to usurp for irresponsible corpo
! rations, the direct management of the finances which the Constitu
tion and laws imposed on the Government functionaries, under prop
and immediate responsibility. To cure the disorders bv legislation
acting on officers whom Congress can reach, would take awa" ,“{{ ar
i gument for bank Government, for bank treasurers, and for bank cur.
rency to supercede that of the Constitution in the uses of Treas
i urv,
i Mr. Tallmadge, finding that the bill had no reference to banks,
I endeavored some days since to embarrass the simple measure to en
: fore responsibility in public officers under new sanctions, without al
j tering the present state of the law in relation to the deposite of the
public money, by proposing the following amendment:
“ And be it further enacted, That whenever a collector or recei
ver shall deposite any of the public money in any bank, it shall be
deposited to the credit of the Treasurer of the United States, instead
of the individual credit of such collector or receiver.”
This proposition was merely a deceitful and indirect attempt to
fix in the bill a recognition of banks as depositories, and to ofKTate
as a constructive authority to collectors and others to restore the pub
lic money to banks which have forfeited all right to the public money,
by suspending and issuing notes of prohibited denominations. It
was voted down in the Senate, not only for this reason, but because
il was an insidious mode of complicating the bill—meant solely for
tho purpose of prevention of frauds and defalcations, and to punish
guilty officers—with the question of the Independent Treasury.
I Connected in any way with snch measure, in the present state of par
’ ties in the two branches of Congress, it is apparent that the bill must
, fail. This attempt of Mr. Tallmadge was but the precursor of that
! of .Mr. Clay which has the same design—the defeat of provisions
which the whigs dare not directly oppose, by indirection.
Mr. Calhoun will speak to-morrOw on Mr. Crittenden’s bill.
In the Senate, to day, Mr. Crittenden proposed a substitute for
the whole bill, introduced by him to stifle the liberty of speech in a
cortai’i portion of that class of citizens called office holders. The
small post offices are so numerous, and so much in the interest of
' Whiggery throughout the country, that to exempt them from the pains
and penalties of the new code against plebeian officers, is considered
| a matter of policy of more importance thau the principle es the bill.
The authors, therefore, have adopted tlie expedient of relieving all
postmasters, the perquisites of whose appointments do not exceed two
, hundred dollars, from the penalties of the bill. It is, therefore, if
i the Whigs can have their way, a bill to strike dumb tire middle men !
i Secretaries of State, who traverse the country making electioneering
I harangues and bargains, like Mr. Clay; and district attornevs, w!h»,
. like Mr. Crittenden, took on himself tbe office of an electioneering
I committee, addressed public meetings, and carried into effect a pow
-1 erful political organization, while exercising a vast influence, from
I his power over tire debtors to the public, may take full swing in
j elections. The small postmasters, whom Mr. Preston to-«iay admit
ted were mostly Whigs—for not e but Whigs, he said, would take a
I burtbensome office —may also make free at elections ; but the work
! ing clerk or gauger receiver or register, appraiser or surveyor, and
the whole tribe of useful officers, are singled out from all their fellows,
and cond mined to “ dumb forgetfulness a prey." Not a word are
they allowed to utter about an election, while the gentlemen in epau
lettes, of the navy and army, and their associates in civil dignities,
tire to be the privileged orders to have their full rights at elections, to
gether with those petty officers who, upon the principle thaTextremes
, meet, arc permitted to join them, and take upon themselves the duty
of subalterns. This is the new phas’s in which the measure of dis-
1 franchiseinent is presented.
J Mr. Preston appeared as its advocate to-day in the Senate, very
, much in the manner of Ftfvtt'an Phillips, the famous Irish barister who,
it will be remembered, abandoned his confiding countrymen and their
cause, for some of tbe honors and emoluments with which England
of yore purchased up the. eloquence of Ireland. Mr. Preston held
forth loud and long upon the corruption of office holders—asserted
• that Mr. Jefferson and Gtn. Jackson had both insisted that corrup-
• lion should not lie brought in contact with the freedom of elections,
- but he forgot that the bill before the Senate does not attack “ corrttp
. Hon on the pari of offi.ee holders," but he honest exercise of indu
, bitable rights, hitherto held sacred—the right of reasoning and speech
_ 1 —the right of persuasion and discussion—the right of social converse
with fellow-citizens, with a view to obtain or impart information with
regard to the duo discharge of the most inestimable duty of an Amer
ican citizen, in giving his suffrage in the mode best calculated to main
' | tain the public liberties.
> Mr. Preston saw dreadful danger in the pet formance of this common
duty by office, holders; but he saw no danger in tho corrupt interfer-
• I encc of Nicholas Bi idlc with his thirty-five million Bank, wield-
ing its inniimorable debtors, its officers, attorneys and editors, in con
t trolling elections, State and National. No: there was no harm in
, this; and, indeed, .Mr. Preston hims df did not hesitate, in a great
, emergency, to fly, on the summons of the Bank, to Philadelphia, to
bring his powerful eloquence in aid of its powerful purse, to operate,
not only on the politics of one great city, but of several. The in
termeddliiigs of the Bank was at onco illegal and corrupt. It was,
■ i therefore, worthy of Mr. Preston’s support. But an honest office
i holder of the middle rank, exercising his constitutional right, is not
■ j a fit object of aristocratic sympathy.
s i Mr. Roane followed Mr. Preston in a most admirable speech. He
I had hitherto remained silent, because he would avoid the suspicion
that he spoke with a view to throw any obstruction in the way of his
( colleague’s canva.-s for re-election to the Senate; hut lie said that
this day released him from the fetters which delicacy had imposed,
and most nobly did he use that freedom in vindicating the freedom of
’ ! others from the manacles which the representatives of the moneyed
• I oligarchy in the Senate would inipo»<>. Mr. Roane made the tine
II dectrincs of the Virginie school, as laid down by Jrffcrson, John
I aylor of Caroline, Patrick Henry and others, the texts of hisspeecb,
and never went their principles more clearly discriminated from the
false glosses of the Federal faction, who now labor to disguise their
real objects by pretending the greatest devotion for them, while their
every act is at war with their words. But we will not enlarge. We
will give the whole speech in a day or two.
Mr. Norvell has the floor for to-morrow on this subject.— lb.
The Rioartwout Committee.— This committee, we understand)
has discovered that Mr. Swartwout has behaved just like a bank"
Being entrusted with the custody of a laige sum of public money,
lie lent it out, or invested it otherwise for his own benefit and emolu
ment.
I his is precisely what the banks have done.
W hen the Government wanted the money to apply to the public
service, he could not collect and repay it, and consequently stopped
payment.
This was just like the banks.
Swartwout was a leading Conservative, and lias but acted out the
avowed principles of the Conservative and Federal party. They
insist that the public money shall be used in trade and speculation.
Swartwout has so used it. In doing so, he had a right to expect the
countenance and support of the whole Conservative and Federal
party, for he was merely acting upon their principles. What differ
ence does it make in principle, whether the public money be used or
lent out by a collector or a bank!
et the party w hich insists that the public money shall be used
for private purposes, and refuses to pass any law to prevent it, are
now attempting to put down the Administration, because one of their
own party unfortunately retained in office, has used the public money
for private purposes ! Beautiful consistency !
Here is a lesson to teach tbe people how far they may rely on the
sincerity of tlte Conservative Federal party.
Here is a lesson-to teach the Administration how far it ought to
Host inen of that party in offices of trust, under its authority.
\\ hut is to be expected from them but that they will act out their
principles?— lb.
CONGRESSIONAL
In die Senate to-day, Mr. Buchanan replied to Messrs. Crittenden
and Rives, on the bill for the suppression of the right of speech on
the part of subordinate officers. We never heard Mr. Buchanan
make a happier or abler speech. The argument and exposition of
principle was clear and conclusive. The glances of satire and play
ful humor, were lucky and irresistible in their effect on the Senate,
and the effect en Mr. Rives, especially, was legible in his face be
fore it broke out in vehement explanation. The Virginia Senator
did not seem to have been aware how perfect he had become already
in the doctrines of the eld Adams school, until the features of his
own speech were shown off by Mr. Buchanan. £) JA , hen he saw him
self reflected, as in a glass, he was amazed at his entire metamorpho
sis. Among other things, lie had advanced the idea that a Caief Ma
gistrate of popular election was a more dangerous, and more likely to
be an encroaching Executive, than an hereditary monarch ; because
having the confidence of the people, abuse of his trust would ne
cessarily be tolerated. This, Mr. Buchanan showed, was the argu
ment of enemies of popular Government all over the world—an ar
gument drawn from a distrust of the intelligence, independence, and
probity of the people. Mr. Rives endeavored to explain this lapsj
into tire ultraism of Wbigery, but in vain. His glosses of doc
trine all resolved themselves into the Federal reversal or the princi
ples of human nature, which would hr.Ve Government to gravitate
always towards the few, fr.tß the suny—because the many are not
to be trusted, the many are their own worst enemies. To
maintain t.iis point, Mr. Rives quoted tire French author De Toc
queville, whose authority was admirably confuted by Mr. Buchanan,
by quotations proving his utter ignorance of American legislation.
\\ e shall lay before our readers in a few days, Mr. Buchanan’s re
marks; which, together with those of Mr. Strange, and the report
and speech of Mr. Wall, will leave nothing to be said to expose the
deformity of the new sedition law.
When Mr. Buchanan had concluded his remarks, the bill was
passer! over, and the bill more effectually to secure the public money
in the hands of officers and agents of the Government, and to punish
defaulters, was taken up, and several amendments were offered by
Mr. Wright, which were ordered lobe printed. Mr. Rives then sub
mitted a substitute for the bill, which proposes to revive the system
of depositing the revenues of the Government in bunks. The sub
stitute was ordered to be printed, and, after a short Executive ses
sion, the Senate adjourned.
In the House, the bill to suppress duelling, which was under dis
cussion in the House of Representatives when onr paper went to press
yesterday, was passed before the close of that day's session.
The House was occupied for several hours in discussing a proposi
tion to appoint a selett committee to investigate certain charges
against Commodore Elliott, which was finally adopted, and the com
mittee ordered to consist of seven. The remainder of the day was
spent in discussing, in Committee of the Whole on the Union, a mo
tion made by Mr. Crary, of Michigan, to strike from it; c i Tl i an <i
(l !;,,dmatic bill the »2 1 r ' r Cpr’.« l run to the Board of Navy Commission
ers, And virtually to abolish that board. The proposition remains
undisposed of.— -Globe of 14th inst.
DR. DUNCAN AND HIS ASSAILANTS.
It will be seen by the Congressional proceedings that the attempt
was made by the friends of Messrs. Stanly, Southgate and Slade to
revenge their quarrel by a resolution, and abusive speeches in the
House. Mr. Prentiss and Mr. Jenifer were quite successful iu ihis I
way. Dr. Duncan, however, stood tip like a man, in the midst of
the punctilio and stiletto gentlemen, (every one of whom, we have
no doubt, went armed to the House,) and vety emphatically inform
ed the body of the motives which had induced the harsh course he
held towards these important personages. He had come to Con
gress with a full sense of what was due to the decorum of the body,
and"had been as cautious not to infringe its rules as any member;
but he had heard the delicate and fastidious and sensitive orators of
the Opposition denounce the representatives of the Democracy,
from the President down to the lowest members of the Administra
tion, with epithets of “ plunderers,” “robbers,” “ thieves,” etc., the
Democratic members of that body had been marked aa “ serfs” and
“vassals,” wearing collars ; outrages had been perpetrated in com
mittees, the most shocking blasphemy employed, and the deed au
daciously avowed on the floor es the House. The Speaker had been
insulted by the grossest abuse by one of the most prominent of these
persons, addressing him in front, while another appeared at his back
to witness the consequence or to help it in case the Speaker had
thought fit to resent such attempted indignity by insnlt. A member,
as the whole country knows, was shot for vindicating the character
of the body from the imputation of corruption, thrown upon it with
out discriminating the individual charged, on the authority of Webb.
Some of these things were glanced at by Dr. Duncan, to excuse the
resolution he had taken not to submit to the systematic plan adopted
by the Federal faction to bully and browbeat the more moderate and
respectable portion of the body, who sought to make the chamber a
place for temperate discussion and deliberation, rather than abuse and
fisticuffs, to which, on one occasion, it had been converted. His
course had been to withdraw from the presence of the House, in the
instance it was called upon to censure, by making the strong denunci
ation, with which he had determined to meet such offenders, through
the columns of a newspaper.
It is certain that Dr. Dunean’s notice, which is of the nature of a
posting, employs harsh terms. He gives H the worst of thoughts
the worst of qpme*.” But they are all borrowed from the code of
honor, to which the complaining members say they belong. ” Cow
ard," "liar," “paltroon," “ calumniator," is the very lingo of the
pistoling clan ; and if we are to blame in permitting Dr. Duncan to
use such phraseology, in his publication in the Globe, oux excuse is,
that it is according to the formula of the duello, and were not sure
that a different dialect would be understood by those who belong to
that honorable school.— lb.
Mr. Murray of Kentucky.—lNe give our columns, to day, to a very
able speech of the only true Representative of Kentucky’s old Re
publican principles in Congress. It is a fine, strong, common sense
review of that which is of most concern in other countries, and which
is made the main question of politics in ours at present' —the money
ed affairs. We hope the people, (especially of Kentucky,) will read
this exposition with care. It is full of information, touching that
topic which forms the burden of Opposition slang every where, and
in regard to which they practise the grossest deceptions.— lb.
THE NORTHERN ALLIANCE.
The Abolitionist* in the New York Legislature have moved
resolutions to counteract those passed in Congress to allay the
agitation of the Abolition scheme- The Argus gives the result of the
movement:
“ Yesterday the Federal House of Assembly carried the Abolition
resolutions, by a party vote, sitting out the question until nearly 7
o’clock last evening.
“ The movement on this subject, it will be recolected, was started
by an out-and-out Abolitionist of Ontario county, the resolutions
were laid on the table, subsequently referred, on the motion of Mr.
Ta ylor, the Federal leader to the judiciary committee.
“ These are literally Abolition resolutions. As such they are
designed to meet the claims of the Abolition petitions now before the
Assembly. They were thrown out ns a sop to these partisans, with
the understanding that, as * Abolition ’ resolutions, they will satisfy
them, and as ‘right of petition’tesolutions, they will meet the party
designs of the Federalists.
“ During these discussions, the Abolition members proper, ex
cepting Mr. Sawyer, were, as a part of the game, silent ; and their
Federal allies were allowed to protest that these resolutions were
not intended to intetfere with the question of the abolition of slavery,
but to assert the right of petition—a great right which, they urged
in hours of vapid declamation, had been invaded or violated by Mr.
Atherton’s resolutions.
“ We repeat, they insisted that these partisan resolutions, the
joint product of the ‘ Whig’ and Abolition allies, had nothing to do
with the abolition of slavery, or the Abolition agigations of the day.
But mark the sequel! Mr. Ilogeboom had exposed the real objects
and scope of the resolutions nnd he put them Ac the sincerity of their
authors to the test, by offering the following resolution, which was
instantly laid on the tabic—in other words rejected—by a party
vote !
" 1 Resolved, if the Senate concur, That nothing contained in the
foregoing resolutions shall be so construed as in any manner intimating
an opinion, on the part of this legislature, in favor of interfering with
tho qtKwtion of slavery,’
“ Such is the upshot of this joint Federal and Abolition party
expedient.”.— lb.
M Ass achUtsetts.
Attract from a letter, dated
(I Plvwou’tii, Jan. 29,1839.
1 see by the report of the late speech of Mr. Adams iu the House,
nt explanation ol his views on the subject of slavery, he stated that
the cause of the opposition to him in the late elecflon was, that he
did not g.» far enough and fast enough in the matter of Abolition : or,
in a word, that he was not for 1 immediatism,' and also that the gen
tleman who was run against him by the friends of the Administration
was the most ‘ thorough-going Abolitionist’who could be found in the
district.’
“ This statement is entirely false. The opposition to Mr. Adams
was the consequence of a dislike to the man and his politics, aside
from the question of Abolition. That question did not come into the
canvass; nor is Mr. Jackson, (the candidate supported in this distiict
by the friends of the Administration,) an Abolitionist. His opinion
on the subject of slavery has net been asked by, or given to, those
persons who make it a business to interrogate candidates. He has
never belonged to an Abolition society, or aided directly or indirectly
the Abolition cause. He is a “thorough-going” Democrat, and a
tfian well qualified to represent the people of the twelfth distiict on
the floor of Congress ; and on that ground, and that alone, was he
put in nomination, and supported in opposition uo Mr. Adams. As
to the matter ofa secret nomination, that is the concern of the'Demo
cratic party. I am not aware that they were required, by any
known rule in elections, to state the considerations which induced
them to pursue that course, or to give Mr. Adams notice that they
intended to oppose to him p candidate.
“ Equally false is the assertion of Mr. Adams that the‘plan’of
putting Mr. Jackson in nomination was originated at the Boston
custom-house, or there received its fisst impulse. It was a move
ment on the part of the Democracy of this town, in which the Fede
ralists have held the ascendancy for these forty long years past, but
which, at the late election, gave the Democratic candidate a majority
of more than a hundred votes. To quiet the agitated nerves of Mr.
Adams, and to show how well pleased the Abolitionists of Plymouth
were with the large vole given to Mr. Jackson, I subjoin the follow
ing resolves, passed at a meeting of the Anti-slavery society of this
town a few days since.
“ ‘ Resolved, That we ought to remember with regret and shame
that, by remissness or perverseness in any of us, our own hallowed
town should have failed at the recent election to bear testimony in
behalf of this noblest son of the pilgrims, [Mr. Adams] and that we
pledge ourselves to do all we rightfully may to redeem its character
at .the earliest possible opportunity.
“ ‘ Resolved, That, in our opinion, no true friend f 0 the slave can
fatl to give a hearty support to John Quincy Adams, so long as he
shall, with zealous wtsdom, run in bis present course of worthy and
brave philanthropy. WM. p. RIPELY
President of the Plymouth A. S. Society.’”
MR. MOO RE’S SPEECH.
Many of the people of this District, considering that the continued
"ppial of the Abolitionists to Congress, in its character of focal Legisla
ture, to violate the rights oflftose over whom, in Tittue of the cossiou
by Maryland and Virginia, they have jurisdiction, ought to be met and
repelled, applied to Mr. Mooke, of the city of New York, to present
and advocate their views of this subject in the House of Representatives.
He promised to do so; and gave notice some weeks age t» several
members of the House, that be would vindicate the right of the people
of the District to be freed from the dictation of those in the States, who.
under their just authority to instruct their Representatives in matters of
nutional legislation, had undertaken to command Congress, in its ee
pacity of local Legislature ofthis District, to dispose of the property of
the citizens here in accordance with Abolition notions of philanthrophic
liberality. Mr. Moore concurred in the opinion that the assumed right
of the Northern States to employ their Representatives, w hen exercising
the local power of municipal legislation, to take the property of the peo
ple of the District against their consent, for the purpose of indulging the
feelings of those haying no right or interest hi it. and allowing them to
dispose of it according to their ideas ofbouevolence or of religious duty
was nothing but usurpation, such as drove our forefathers into revolu
tion against the Government of Great Britain. He therefore determ
ined to present the memorial of the citizens of the District, and argue
the principle of right, asserted in the States, to become the masters of
the people cf the District, under the pretext of the local legislation vested
in the National representation, or power emanating from their constitu
ents out of this District, and showed it one to be held responsible to or
growing out of the consent, and to he employed for the advancement of
the interests and happiness of the governed. He opened his argument
upon this as n political principle which ought to be settled, but was stop
p< d by Mr. Trompsox, of South Carolina, upon the ground that, by
implication, it drew with it the cousirlerndon of the interdicted petitions
of the Abolitionists. After Mr. Moore was thus cut off in the Hou**
Mr. H. Clax, in the Senate, seized upon the position previously taken
by Mr. Moouy. one from whence he could' take a new departure on the
slavery question.
The public will be glad to find that Mr. MooßEhas not been frustrated
by the course adopted by Mr. Thompson, but has given his views at
length in a printed speech.
It has been several days before the public. Mr. Henry Clay’s is al
ready ushered forth in the Intelligencer's columns. We are glad of this
haste. It will enable the public to read both puoductions and compere
them. We believe no impartial man will hesitate to give Mr. Moore’s
the preference for argument, eloquence and originality.— Globe-.
Frbm the Bnston Morninff Post.
INTERESTING DIALOGUE.
Dramatis Person.®— Oliver Ellsworth and Rufus King. Tima and
place— Federal Convention 0f17§7.
Judge Ellsworth.— l am asked by my honorable friend, whether, by
entering into a National Government, J w ill not equally participate in
national security ? I confess I should ; but I want domestic happiness,
as well as general security. A genera) government will never granjl me
this, as it cannot know my wants, or relieve my distress. My State is
is only as one of the thirteen. Can the General Government gratify my
wishes? My happiness dependsas much on the existence of my State
Government, as a new-born infant depends upon its mother for nourish
ment. If this is not an answer, I have no other to give.
Mr. King.— l am in sentiment with those who wish the preservation
of State Government; but the General Government may be so constitu
ted as to effect it. Let the Constitution we are about to form be con
sidered as a commission under which the General Government shall
act, and as such, it will be the Guardian of State Right*. The rights
of Scotland are secure from all danger and encroachments, although in
thePatliament she hae a small representation. May not this be done ia
our General Government?
How striking and characteristic is this short eolloquy !. These illus
trious men were both of them equally pure-minded in their several in
tentions. Both loved their country, and strove tn make her prosperous,
hutstarted upon different roads. The words ofEllsworth are beau iful
ly descriptive of the original, federal, State rights feeling of the federal
convention, tbe parent of the republican party of ’9B, aud of unalloyed
republicanism of all times. The words of King, on the other hand,
show tho germs of the plan afterwards systematically and successfully
followed, for destroying the rights of the States, apian Hot openly avowed,
because it was known tn be unpopular, but carefully concealed under
the plausible pretext of ranking the federal government tbe guardian of
State Kights. Stale sovereignties under guardianship ! What an idea!
It is consolidation, monarchy. The false analogy drawn from England
shows the school of English politics to which Rufus King and his party,
body and soul, were wedded. Where King used the word guardian,
Ellsworth would have used the word agent, leaving sovereignty in tbe
people of the several States, who retain all powers, save those which,
by compact, they have delegated- The doctrine of King wa* after
wards' made manifest in Hamiltonian federalism- ia the grasping by con
struction, of powers never' intended to be delegated— in the paternal
guardianship of a monarch bank, and the kind, protective guardianship
of the Tariff!
Blessed guardianship, indeed ! Thus did Oliver Ellsworth and Ruses
Ki ng, in the federal convention, differ. Time, and th* workings of our
political system, now prove that King was wrong and Ellsworth right.
The ground taken by Ellsworth, as a New England man, in 1787, and
made by Jefferson and Madison thebasisof the republican party of’9B,
is the true ground. Let New England follow this lead, and get back to
these old-fashioned principles as fast as she can.
Thus speaks a writer in the N. Y. Evening Post—
" Mr. Hoyt and the 1 If’ise’ Commitlee.— Messrs. Editors—lt isseldom,
if ever before,"that I have witnessed so general an expression of min
gled pleasure and indignation among men of all parties, as the publica
tion of Mr. Collector Hoyt’s memorial has drawn forth, in vindication
of his character as a pnhlic officer and bis individual right to have an
impartial and above-board hearing from the honorable and ‘wise’
Committee of Investigation recently appointed by the American House
of Representatives. This memorial has already had an electrical effect
throughout this city, it has become the general topic of conversation and
approbation, from the prompt, full, clear, and manlv manner in which
it exposes and lays bare to public judment the one-sided, iniquitous and
cowardly mode of proceedings adopted by the Rob«spierrian majority.
It fully satisfies every unprejudiced mind that Mr. Hoyt has been treated
by this packed committee ih a manner tho most unmanly and unjustifia
ble, and I may safely say unprecedented in the annals *f any legislative
proceedings of a similar nature in this country. The infamous conduct
of this majority of this committee should and will receive the indignant
reprobation of every honest citizen who values the sa .red and inestima
ble right of a full and impartial trial, before condemnation is pronounced*
What citizen, official er private, is safe in character or property if this
shameful precedent be permitted to pass without the long, loud and un
divided censure of public opinion? That blood-thirsty vampire iu par
ticular, IL A. Wise, who is the principal iu this disgraceful mock trial,
with his underlings and abettors in the House are doomed to receive
the hearty execration of every lover of eveu-handed
JUSTICE.
ABOLITION IN DELAWARE.
The following brief but significant report was lately made in the Le
gislature of Delaware by Mr. Jones of Wilmington, an able Democratic
member :
“Mr. Jones on Friday presented the following report :
“The committee to whom was referred the petition 0f319 ‘women oj
the city of Wilmington and county of New Castle,’ praying for the
•abolition of slavery throughout this State,’ beg leave to report;
“ That they consider the petitioning of • women’ to our National and
State Legislatures (which they regret to see is becoming so general a
practice) as derogatory from that refinement and delicacy which should,
under all eircumstnuces, accompany the female character, nnd as an un
warranted interference in subjects that should more properly belong to
their fathers, husbands, or brothers.
“Your committee ate also decidedly of the opinion that the petition
ers whose names are affixed to tho memorial under consideration, would
confer more real benefit upon society, if they hereafter confined their at-
Itcntiou to matters of a domes'ic nature, and would be more solicitous to
mendthv garments of their husbands and children, than to patch the
breeches ofthe layre and constitution.
STATE RIGHTS and UNITED STATES RIGHTS.
THE TRUE ISSUE. ' ' ?
OF tirE R:fNKi?',or-a
PEOPLE? Shall we have a CONST!-
A , I ,\L ItKASVRY ' oTan UNCONSTITUTIONAL NA
HANK? Shall we have a CONSTITUTIONAL CUR
-3L a n ta '* XD ’’ LVKII «’«•<”’•’ of 'imPFfDKEMABLE PA
usM Shnl ! We , lwt t nd ' r tl,e °f« MONIED ARISTOC
RACY, orunderthe safeguards ofa FREE CONSTITUTION ?
[Washington Chronicle.
TUESDAY ffIOKNIN<7. '.
THE GREAT WESTERN.
We are much gratified to learn that a newspaper, bearing the wrfe of
“The Great Western:,” is about to be established in New Orleans,
by Edward Delony & Co.
We know Doct. Delony, and can speak with confidence, as well of his
ability, a« efhis devotion to the true principles of the constitution.
In the struggles which have marked the political history of Georgia,
for tbe last seven year!, he has been among the first and foremost in ad
vocating the cause of the Union, and has rendered valuable service ia
against the dangers which threatened its dissolution.
Iu the field which he uow occupies, we- anticipate much 'aid’ln the' -
furtherance of those old-fashioned republican doctrines upon which the
mighty fabric of was reared,’ and cannot doubt that tho
Great Western will receive a patronage far exceeding the most san
guine expectations of its proprietois.
The Prospectus will he seen in our columns of to-day. **
~ CONGRESS.
According to the. provisions of the constitution, the 25th Congress has
now closed, and it may be well asked £hat has been done for the coun
try ? and it may be as truly answered, nothing which is calculated to
advance its happiness and prosperity; and we, •the people, must theW*
fore content ourselves with the slender consolation that rniteh more mfs
ehief has not been done. That a great deal was intended, ample proof
may be drawn from the proceedings of both Houses.
The Abolitionists showed a bold front at the commencement of the
late Session, but the Democrats from all parts of the Union met and put
them down, by the passage of the famous resuluupns.iutroduciMl by Mr,
Atherton ofNew Hampshire. Tbe Whigs have made great efforts to
increase the expenditures of Government, «ll a s them with a view to de
feat the economical policy of the Administration, and a large porua n o f
them for the purpose of so involving and embarrassing the Government,
m to effect au object which should awaken of tbe Southern
people—we allude to an increase of the Tariff as soon as it shall run
down to the minimum contemplated by the 1 * Compromise Act” of 1833
If extravagant expenditures are kept tip, the consequence is inevitable
that the Government must create a national debt by- borrowing money
to meet the appropriations—a direct tax must be levied upon the peo
ple, or tbe revenue must be increased by raising' the Tariff. Whbt
Southern man is prepared to sanction a state of things so hostile to hie
interests ? ,
Wo call upon the South to look this question in the face,, and tp 7 , hpkkt
tbeir representatives to a strict accountability for every act which may
tend to strengthen the cause of the Tariff party, or to furnish them with
the shadow of an-excuse for once more placing tbe burden upon pur
backs.
MISS DAVENPORT.
Mr. and Mrs. Davenport arrived in our city last week, with their cel
ebrated daughter, only eleven years of age, who has already won for her
self immortal renown ia the higher walks of the drama.
From the distingaished reputation which she has acquired, both i»
England and America, onr expectations were excited to a very high
pitch, but we frankly confess that the knowledge which she displayed of
the characters in which she appeared, anil the superior style of her
acting, weut far beyoud what we were prepared to witness.
In Richard the Third, on Friday, and Sir Peier Teazle, on Saturday
evening, she electrified the audience, as well as in several lighter charac
ters—in fine, she may well be numbered among tbe most extraordinary
•f either sex, for mental endowment and splendid cultivation.
MR. WALL’S REPORT.
This able and interesting document appears in our paper to-day, and
claims the attentive consideration of every citizen who places a-proper
estimate upon the elective franchise and the liberty of speech.
From the Boston Centlnel.
IMPORTANT NEWS.
Express from the Aroostook—Capture of the Land Agent ok
Maine bt the British!
We have received from our carrespondent of the Whig and Courier
office, at Bangor, the following important news :
Bangor, Thursday Evening, Feb. 14.
Hastings Strickland, esq, the Sheriff of this county, has passed thro’
this city on his way to Augusta, having left the Aroostook river yester
day noon. During his short stop here, we leant that the expedition
reached the mouth of the Little Madawaska last Tuesday night, and en
camped there. Mr. Mclntire, the land agent, with Gustavus Cushjnan,
esq., of this city, went down the river a few miles in company with Eb
oticuer Webster, esq. of Orono, and Mr. Pilsbury. of this city, who were
engaged in clearing out the Aroostook Falls, and had no'thing to de
with the expedition, and put up at a Mr. Fitscherbet’s, about three miles
this side of the line. In the course of the night, an armed party of about
50 men came over from the Tobique settlement, and captnred all these
persons, and took them over the line to St. John river, where it was un
derstood they had about 300 inen under under arms. In the course of
the night the party encamped at the, mouth of the Little Madawaska,
were apprised of the capture of Mr. Mclntire, and immediately despatch
ed four men belonging to the Old Town Company to "be
were also captured.
The expedition having driven offall the trespassers, had returned to
the mouth of the St. Croix. Near Beaver creek they found a erew es
thirteen trespassers, who fired upon them and fled. Mr. Strickland’s
horse was wounded, but not dangerously. The trespassers were pur
sued, and five of them taken and six horses, which are expected here
day after to-morrow.
Mr. Strickland says further, that the arms which the men have at
the Tobique settlement belong to the Government of New Bruns
wick, and that a military force was on the march from Frederickton.
IMPORTANT FROM AUGUSTA.
Mr. Fay, a Passenger in the Eastern stage, reports that an Ex
press arrived at Augusta at 2 o’clock, a. m. on Friday, from the dis
puted territory, bringing intelligence that the land agent, Mr. Mcln
tire. and seven men had been TAKEN and COMMITTED TO
FREDERICKTON JAIL! He also states that when the stage left
great exeitement prevailed there— and furthermore, the Governor has called
hiscouneil together, (so repotted at the hotel) inone half hour after the
Express arrived! [Topliff’s Books.
Correspondence of the National Intelligencer.
. NEW-YORK, FEB. 21.
Affairs iq and on the Northeastern frontier look very squal
ly. The Logiflatupe has appropriated, it is stated,♦Boo,ooo, and the
Governor ordered out 8000 men to meet the exigency. Sir John Har
vey had'called up the British Regulars from St. John's ; sent an express
for mote troops to Halifax ; ordered the Provincial militia to the Aroos
took, and, olaiining exclusive jurisdiction over die disputed territory, ig
taking the means to exercise it. He has sent nn express to Augusta
the capital of Maine, in which Gov. Fairfield is acquainted with his de-,
termination ; whereupon Maine is put into the greatest rage.
are drumming up—militia regiment's are called out —major-generals is
sue general orders, and there is hubbub enough to bring Heaven
Earth together, if hubhub and humbug could do such a thing.
The packet ships to-England have put down their fare to SIOO. out.
This is to take the passengers from the steamships, and they will sucsee4
in doing it, unless the steam ship reduce their fare. The Great
has put off her day of leaving till Monday.
HIGHLY IMPORTANT FROM MAINE,
THE STATE IN ARMS !
We are indebted to our attentive correspondents of the Boston Atlas
for a slip, dated Boston, Wednesday, 10 A. M. from Which we derive
the annexed deeply interesting ami important intelligence. It is evident
that, unless moderation and discretion prevail jn the councils of both
parties, steps may now be taken leading to results of tho deepest couse,
qtience to the peace of tbe world.
Correspondence of the Atlas.
:t Senate Chvmbhr, >
Augusta, Feb 18,1839. i
The crisis has at length arrived and Maine is in arms to sustain her
honor and the integrity of her soil. An Express has arrived this morn
ing bringing an official communication from Sir John Harvey, in which
he says ha shall repel all invasion—he says that he “ claims EXCLU
SIVE JURISDICTION.”
Eight thousand troops have been ordered out to carry into execution
the Resolve passed by the Legislature of Maine, which was to seize the
trespassers and tire lumber cut out on the disputed territory. McLaugh
lin, the Laud Agent of the Provinces, has been arrested, and is now at
Bangor. The greatest excitement prevails and a fixed determination
to sustain our rights at all hazards.
State House, )
Augusta, Monday, Feb. 18, 1839. $
A special messenger arrived here last night from Si“ John Harvey,
I Lt. Governor of the Province of New Brunswick, lie has been sent to
demand of our Governor that thq' ibices of this State that have been sent .
to arrest the trespassers on the Aroostook, &c. shall be immediately "re
moved from HER MAJESTY'S DOMINIONS. The messenqeffrom