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winch w most committed, in order to se cure the friendship ol the abolitionists; and | wouid read a seuiaoce more, but it might savor ot |»rty prclerenee. [Head, read . from iiruiy voices] With the avowal ! |rave made, 1 wilt read; .lay we trust has pa«s«d. that the wlave-lm’der or the northern apologist and xleteuder of slavery, cau be elev red to tin Well place of power by the lrieii.lv ot the Stave in Maine. to to iU -strate our lemarkv by a iM.liciiiat Mr. Van Boren, we think must ah ml »n bis -Southern isnn i ,deN ’and llewry C.ay, the eio*,oeii advo <c.ite ot Sotilh Ainertean and Grecian lioei ry, must emancipate tu- slaVi-v. lietore xfillier Can receive the sutlrages ot lulelligeul ■aOuiitioaesis in tile Poler star Stale. ’ I Hari , iiiivrrupted oy Mr. Orates, who inquired “wire!leer Mr. Colqoitt had not r ~and in the Emancipator, that they would unt support 11 irrisou ! ] 1 have doue so ; hut ! I'W« •**( made a charge against Oenerii it riom. **d the vindication »t him or A .u Kuren, 1 shall leave to those who weartheir livery. \V itli regard to puny preddectious niyselt, my •purpose was to prove that this body ot men is sufficiently strong to be eourted; that they have resolved to carry their priti einles to the pools, aud that st aking ilieir inlineuco i* Ivies our resistance here And lcowless that i have sought iu vain lor a reason, unless this influence he one, wny Henry Clav, the favorite .8 his party, ||u.stty distinguished sit the bar, in the Senate ml an the cabinet, who has served long, and null is in the service of his country, should have been pushed aside, at the Harrisburg Convention, anti ail obsolete pointican put in his stead. No matter whether Uie im liticiati here acts from hiscovictions ot duty, or tv moved by prejudice or passion, we are satisfied that our rights, yea, the Govern inent itseif, is endangered by sacrifices lor party success. The statesman now that wou and tlare stand forth to strengthen liie ■biuds oJ Union, and to exalt anti perpetuate the institutions of nis (onniry, finds himself ietteryd by the policy of Ri» party ; and is •driven to abandon his purpose, or lie bran ded as a deserter. Disappointed ambition, iu its aspirations for power grasps every in strumentality within itsjreach, fans the flames of faction and discord, and smiles at suc cess, in the midst of the ruins of that consti tution >vii eh guaranties protection to ttie person ami pioperty of the citizen. Here lies the foundation of that paper built edi fice ol piety and philanthropy, which is des tiued so some iiiture per oil to be the hall of legislation t-era large portion of the Re public. Here is the /mists in which is nest led, aid bred and born, the corrupt virmin •that lied and fatten upon the vita's of the Repo olio* Designing politicians strength en luetr alliances, by bringing to tin ir sup port the misguided zeal of religion, and the maddened feelings of philanthropy. The minister and his flock are mam • ie nnco use ions adjuncts ot artful anti de aling‘partisans. Religion, forgetful of i.er ingii aud heavenly calling is made the diuted hand maid ofiniriguc and oorvup • ... The disciple of Christ, who hitherto I ered a meek and quiet spirit, who walked |y iu the fearol God, whose worship •jd the elevation of the skies, anti j usublimity that made ns forget the .tedious oi earth, now mingles his vitU.fhe bowlings ol the mob, and con v- the temple of ■ lie living God to a busy for political morciiantlisc. 1 lie spirit . ■ ,o:1 by this .nixed and factious piety, •v . -iciitlly to genuine religion as well an ;•> ue State. It moves and prompts the sMie pa'sstsos, wnlcb In other times, have corodeth adulterated, and broken down the church. Frail men nude themselves the standards of zeal, piety, and benevolence pass judgement between themselves and their opponents; roll the tli .uders of iniol >r nice over the heads of those who repu diate their opinions; and in the maddened ■wailmgsofauiiu.il petitions, virtually ask Congress’ to give them power to arrest the liberty of pitvatejudgeinent, and substitute n its'stead their own faultless conceptions duty. To these misguided people per mit me to stiy, that Christianity neverjwill J the support of craft or despotism - the ever of kings, or the arm of the taw, to . ; v out its benignant precepts. And eve • iitary of the Cross, who seeks to en ice his notions of piety by the power of legislation, shrouds in darkness the bright • n ter of the Gospel, aud substitutes in its steal 'he bloody standard of demonology.— - History md experience should a l.nouish sv -rv irieud ofttie Church, if she is to ex tend a more general and beneficial influ ence upon the earth* she must breathe with her own lungs, speak with her ow n voice, and show the energy of a pulse and a heart exclusively hor own. Ever intermingling >f Imr purity with secular interest, sullies •or oeauty and fetters her powers. The le-ch.int of Mecca, who professed to penc a e the seventh heaveu, and brought down spark which set the ambition of Arabian oms m a blaze, might deem the swore] • only instrument to be trusted for re nin" the world. But the Prophet ol deals with the souls, not with the bo ifmen; and wars with weapons, not ~ in contending with spiritual wicked m high places. Madness and phreuzy mingle in Moslem warfare, making "jestinn of salvation nr damnation' lie e ground between marshalled armies, taught for and carried by the stronger Bi! with us heaveu is not won by who breathe out slaughter against brethren, though in the mitlst of go they should claim to be doing God’s •c. Unou. lhe subject ol slavery, ■s of evc. v deno uin.ttion, and ofeve •i 1 . of character and talent, differ i w •minus. Yet they read the same rstiip the same God, bow around ~iters, hy'inn hozztnnahs in the . ample, an I, finally antii inale an en in to the same Heaven. With these hetin* opinions, .who sliall determine artiiodox creed l .’"’hall the deluded ■s'asts, whose sum total of religion v iii une single act of ini igin.iry ilovo c Sh i.I i few pirchinentNlisciples pu . . fl or, whose political pow;er is en by the creed they profess, shut t ...fives up In their little munition, ol uni pnde-- a city walled tip ro Heaven t with form dny. uuchristtanias- those wliom they ddi'er? Do they outshine - opponents in solid virtues- or itraini i ; \ heavenly disposition* ? Are they , ■•o Iroiii the Common vices ol file-- :. - pu ein spirit -•moredevoted in fri^n• r'mp—<»r more Ijber*! m.tbe'r charities,-than t*/o*e tfiey d°'>ouuc» ? No, sir;-the South, ; 1 m'-liol ling, generous Soittll, is the v aery for ll|e pmir-of. all ihe States; am •. r friendship anil Liberality are by words in j is* verj inoulti's that would fain teach o«r lessooa of phi nthr py ; i hate spoken of religion; philanthropy is.but bs beam, radiitiug from us emt fe, Gnd_; it is blit a. fold of tha* mi:lity mantle- of luvsr: 'tith w iielt 'lniitaoity >♦•'• did’‘cover thG uxkeil. ; li't’ie wrorl!. B it, sir. perAnprf Ihene ' l teftfii lers f|tl»e only true faith, • •>. .»■* i' cy for lowAmj out* (rom tme - for objects of pity and commiseration!' perhaps they have no poor in their midst— no widow’s tears to wipe—no orphan’s cries to quell--no child of sorrow to cheer—no wretcheducss to alleviate— no sfUictions to lual —no nakidiiess to clothe, but all, all. through tois nugl'ty cliaiim lof philautliro ny, Itom (Irii boiling touutam ol benevo lence, all have been smiling, healtldul, and happy. Having done *o much at home, ’tis not so much wonder that the cirvlfc t»l of then li nevolencc should widen. .Milli „ns of money may now be expended with profit, to compensating benevolent editors to trumpet forth virtuous heroism ; to can vass the claims ol candidates for office, aud I pour liie merciful curses and /ilireutied Ire nr/1 dictions upon each ami all who dare leligie io worship l i.c image they have piously up in the jdains ol Duia. i am departing from iny purjiose; l have not designed to deal iu penegyric or or satire. 1 have no light In nnke myself j the keeper of oilier men’s conscience, lord | they think it religiously a dirty h* holrtde the chicken cock, to Keep him from gallan ting the hens on Sunday, and to yoke the geese to keep them from going in washing in violation of the habitat h; aod I should differ with them, and think it no sin to per mit toe gall.mi cock io flap his wings aud crow upon his dunghill, and the playiul goose to wash and swim in the fish pond ; neithtr ought to complain, lorwe aieecti 'tied, iii this country, to out religion and our opinions. The most artful chain of despo tism that was everloigcd, was supported by false notions of duty, ami enforced by those who were to profit by the cheat. 1 here are multitudes of honest men, who are not qualified to judge properly of their civil and political rights, and are too often con tent to surrender tln ir reasoning power to interested aspii.u.is, superstitious i'acatics, and pedar lie knaves. I wage n<« war against those who may believe slavery a sin, but ! pity their vanity and iltetr folly, it they flat ter themselves they alone are dtvio'fiy il luminated; that others ace io darkness and mu.'t have their instruction. We read ol one, who was very thankful to his Maker that he was not as olhet men, but especial ly, the poor publican; and ye* his o pinion of l.iiiiselt was not confirmed by ilim who knew ail tilings. Y-ct I have complaints to utter against the high opinion men entertain of themselves; but as a friend of the Church,'and as a friend to peace and happiness ol the country, 1 raise my hand and voice agaiuet enforcemg any religious dogmas at the point of the bayonet, or by force ot legislation. The evidence we have, of tlie untiring efforts of the anti-slavery egeiits, their reekless determination to dis tract and ruin tlie country or carry out tkeir purpose; the assiduity with which they are courted by political leaders, and the num ber of able eulogists they have in the halls of Congress, all speak, with unerring tongue, the nation's destiny. The firery vapors of war and dissolution are gathering on the disk of our political horizon; no cheering rainbow foretells the abatement ot the coming storm, but every moment the pros pect darkens, every patriot ami every Chris tian trembles lor the lu.e of the country and temple of God. The public maul is in fcatiiii commotion ; anti like the sea, tossed by a tornado, wave mounts on wave, heigh ‘teiiitig anil widening at every breath of the tempos', it is the hioli prerogative of a few master-spirits here, if they dared to will it, to.bid these proud waves be still. To lllcin 1 i iiiiti in die mime ol d»o country, invoke them to withhold their firebrands of discord aud ruin. I appeal in the venerable Representative from Massa chusetts, [Air. Adams,] upon whose shoul ders fell me mantle of a revolutionary father; who won and wore, iu younger lite, the civic wreath, the highest honor a nation's confidence could bestow, 1 appeal to him to withhold the blow that is aimed at the lilepulsc of the Republic, and not per mil hunscll to be used i* the unintentional instrument of Ins country’s ruin, We know his scntimen'S, we have read his let ters, and heard his .vpeeches; but still, through his advocacy, this dissention is kept alive ; a few more years of labor in this cause, and the last leal of the laurel will wither flout his brow; and .should Heaven spare him many years lie may yet outlive the glory of iiis couolrv. Your abolition petitiofis will prove in the end to be the winding sheet of the consti tution. No men, no body of men. could persuade me to bring into your midst, an unlit subject for legislation calculated, to destroy me harmony of your councils, to excite sectional feelings, and threatened dissolution. Georgia, in whose borders 1 have been reared, my own home aud 'he home of my friends, for whose honor anti interest 1 would make an offering of my life, even Georgia, could not force me, humble as 1 am, to ttample upou my country’s con stitution, and sow the seeds ol discord and ruin through the laud. My honorable col league, [Air. Cooper,] the other day, when supposed to be departing from the subject of debate, was illustrating the same feelings. 1 have expressed, lie adverted to the contro versy ofour State with the State of .Maine, which exemplify ou! stiict adherence to the constitution ; and that, altiiojgh our Legis lature spoke by her resolutions, tlie humble supplicatory language of dependence, she had no representative here that would echo her voice; but that we should rely with proud confidence on a people that has ne ver faltered, who know their rights, and will dare maintain them. lam alarmed for the constitution anti for the fate of the Re public, but feel no alarm for the honor of inv State. The inl’a'uated priest may 'Mango his mitre for a helmet, and lay • side his Bible for the torch of the incendia ry, place huuself at the head of an army of crusaders as bloody as those of Languedoc, armed with all the authority Congress r.aD give, atidgwhen he shall have completed the work of reformation, upon which his piety is set, nothing will be seen, to look out from the landscape---he has traversed but smok ing ruins aud a blood-sodden wilderness. With this prospect before us. can anv man say that this Government will stand unshaken;—tint the alarm cry is counter feit ?---that this faction is powerless, court ed, and caressed, as it is, by aspirants for power ! Those deluded people, deluded by imaginary good, look to no danger- they beat up lor recruits, the pulpit and the drain shop, the elite parlor and the dirty brothel —enlist their quota for the miahty work -of retiiVm. 1. tiie eonstitotfou'is to lie saved— if the Union is so be preserved, -t litre must "he ho giving back, upon the part of their friends -The silken cords of affection,' that binds the coufodericy. is fretted by insult _ We are upon the eve of a sfiuggle that will 1 Itury the rtrfverumeiit-.'and the Con h the' living God, under u inouiilain’of cinders. Let no Southern man be deceived by the e.Vy of forbearance. . Let no political alli ance induoe yon to cofirpromiseyoiir rights. ’Reject’the'petitions, and cotint him only true t.q-the,South, and to the constitution, whrs»ustaius iis >by his vote. Let none play f.dse to bis duty, false to the interest ajd hono'r of Ins State, rather than be ob stacles to his associates in party. Ask me not what harm to receive, and lay them outue tab'e ? It is an implied acknowledgement of the right of jurisdiction. It is the evi dence that the lire is n-l yet extinguished; its smouldering lutwes are an annoyance; and none can tell how soon the breath ol the taction may b<n it t‘> a flame, it is like subterranean fne, the more to be dread ed, as it may burst forth 'by suiptise. II ihe issue must be foiined, let it be hunted now. If the crisis must come, let us have ,t now. Let the South stand up as one man, denounced, as we am, for the want ot i patriotism and religion. The soil silken LkanncT'-iW the Gospel, and the l road stripes [and bright stars ot tire country, both float , triumphant in a Southern sky. W- rep resent a generous and gallant people, who ba.ee never yet trampled upon the lights ot oOit-r», end will repel wiili indignation, and at every hazard, any unjust interference with , their own. LETTER. from a ;«e|ion of the Representatives of the State of Georgia, in the twenty-sixth Congt* ss ot t be U nited States, to the Gov ernor of Georgia, ou the controversy be tween Georgia and Maine. To liis Excelled# Chsi«l.ks J. McDonam*, Governor oJ'thefiUlU oJ Georgia : Sir; We, the undersigned. Representa tives of the Slate of Georgia in the tweptv mxili Congress of lire l tilted Slates, have the honor to acknowledge tlte receipt of your excellency's cmimumicatioii of the ffita of January hist, covering » preamble and a series of resolutions ado; .etl at the late ses sion of the Legislature of Georgia, and ap proved by your Excellency. In the careful and respectful consider ation which tire undersigned have given to the preamble and resolutions, we have ex perienced some embarrassment in determin : ing what are precisely the wishes of the Legislature oil the subject. The preamble would seem to have exclusive retereuce to the great and important question now pend ing between the States ol Georgia and Maine, respecting the demand which has hr en made by the Governor ottlre former State upon the Governor ol the latter, lor the dc livery of certain fugitives from justice, who. after having committed a crime against the laws of Georgia, have taken relttgc in the Slate of Maine, and which case is exclusive ly provided tor in the ‘Jd clause, Jd section, 4th article of the Constitution of the United States. The first resolution, however, de clares that the statutes of the Uuited States which have been enacted to carry into effect the latter clause of the Jd section, 4th arti cle of the Constitution arc wholly inade quate to the object. The second resolution declares that those statutes should be so amended as, first, to authorize, the demand, in the cases contemplated, to nc made upon the circuit. Judge of the United States hav ing jurisdiction in the State wherein such fugitive may be found ; secondly, to require that such judge, upon such demand being made in due form of law, shall issue his warrant , to be directed to the marshal of the United States in the State wherein such fugitive may be, requiring his arrest and delivery to ilie agent duly authorized to te ceive him; and thirdly, to require such marshal forthwith to execute the same.— As these two resolutions would seem to re fer exclusively to the latter clause of tlte 2d section, 4th article of the Constitution, which provides exclusively for the redelivery of persons held to service and labor in one State, who have escaped into another State, anti which latter ciuuu« is'ihe .’til clause of the Jtl section of the 4»li article, these two resolutions would seem lobe wholly uncon nected with the subject-matter of the preamble, and to have exclusive reference to amendments to the 3d ami 4th sections of the statute o( 12th February, 1793, which sections carry into effect the latter or 3d ! clause of the Jd section, 4ih article, which l provides for the arrest and restoration to the j owner of fugitive slaves, and not to tiie Ist ami Jd sections of the saute statute, which are intended to carry into etlV-ct the Jd dance of the 2d section of the 4th article, which have reference t xclusivdy to the arrest of fugitives from justice, and is tlte subject-matter of tiio pieamble. By the third resolution the Representa tivesof Georgia iu Congress are riqucsted to have the act of Congress, passed 12th February, 1793, to carry into ell'ect the 2d section of the 4th article of the Constitution of the United States, (which is the act we have above relercd to,) so amended as to make it obligatory, »m tlte said tft*{ricfju(l J >e to surrender any person who may be louml in any State or i'erritory, and who.is char ged iu any other State or Territory with the commission of any act which is constituted a crime by the laws of said State, or Territory, where he is so charged, to the executive au thority of the State or Territory where the offence is alleged to have been committed. The amendment contemplated hy this fluid resolution, clearly relent to the Ist and Jd sections ol the act ol lJth February, 1793, which sections were intended to Carry into ell'ect the Jtl clause of the Jo section. 4th ' article, and is therefore in entire accordance ! with the subject-matter of the preamble; but still it leaves a doubt whet lie r the ! Legislature desired that tlte power contcm ! plated by the proposed amendments should be vested in the district or circuit Judges of the Uuited States. The uudei'signed have made these remarks, not with a view to criticise the resolutions of the Legislature, but to relieve i lie argu | nieiit which we are about to present, and the ! conclusions to which we have come, from any embarrassment or misconstruction, which, trom the doubtful intention of the Legislature, as it appears on the face of the ; reamble aud resolutions -themselves, might hereafter arise or lie created. -Combining the pteautole, with the knowledge which we possess from other sources, of the intentiou of the Legislature, we do not doubt that, by these resolutions, the Legislature of Georgia desires to procure such amendments as these resolutions specify, to be made to tire Ist and Jd sections of the m t of 12' b February, 1793, wlii’ch provide for the arrest of fugitives from justice, fleeing from one State into another; which sections were intended to carry into effect the second clause of the Jd section, 4th article, and not to the 3d aud 4tii sections of the same sta tute, which provide for the arrest of fugi tive slaves, and were passed to carry in to effect the latter or 3d clause of the Jd section o fit he 4th article of the Constitu tion, to which last the undersigned by no means intend to apply any of the remarks which they are about to make. The 4 It resolution requests that the Representatives of the State of Georgia in Congress,will en deavor to procure such amendireutjS of the statutes in question, as, in their judgments, will be best calculated to ell'ect the disired object. This last resolution, notwithstand ing the specification of particular amend ments in the preceding resolutions, would seent to leave it entirely iu the discretion of the Representatives to propose such amend ments as they in their judgment may deem best calculated to effect the objects of the Legislature. The undersigned have reflected long and deeply upon the subject ol these resolu tions. They are fuMy aware of its magni tude and importance, not only to the safe ly and security of the slave property in Gcoj gin, but to the future peace and welfare of all the States, and to the jireseivaiioii of the Union. They are at all times ready and wi'ling Io respond to the wishes ol the Legis alure ol Georgia, when they cau do so without a saciilicc of that higher duty wiiieh tliey owe to their constituents. — They feel tolly the weight of the responsi. bility which has been imposed upon them, out they asstitue it fearless'y, from aeouvic lion that it is a duty which they owe to a generous and confinding people, and regard less of consequences to iliemselves. In arriving at the conclusions to wl icli they have come, the undersigned have considered the r-quiremeots of the resolu tions of the Legislature in a two-fold vi w ; first, as to the constitutional power ot Congiess to legislate on the subject at all-; secondly, as to the constitutional power ts Congress to vest the proposed powers in a district or circuit judge ol the United States, and the expediency ol making the proposed amendment* to the act ot lJtli February, 1793, or any other amendments by which tlte States of this Union respectively, and especially the slave-holding States, shall be dept ived'of the full and absolute exercise of that high sovereign power, existing before the Constitution, arid recognised by that instilment, of demanding the delivery to their authorities ol ttiose who have violated their penal laws, ami nave fled for protection and immunity to tlte-juiisii.ction ol another State. In examining these important am!difficult questions,the undersigned with take them iu the order siait and alo ve,ami proceed, lir>t, to tile inquiry, whether Congress has the constitutional j>owe» to legislate on the sub ject at all ? That the Federal Government is one of limited jurisdiction, and that it can exercise no power which is m i e .pressly granted by the Constitution, oi w tell may not be ne cessary and proper for carrying into execu tion thejMtwers expressly granted by the Constitution, is not otilv declared expressly by the tenth amendment, but so uniformly insisted upon by the people of Georgia, as to have bei ome the polar star to which they look for the safety and security of all their rights, civil as well as political. hat are the powers expressly granted to the Con gress of the United States? These are for tlte most part contained in the Bth section pst article, and are so tiistinc.ly prescribed anil set forth that they cannot be mistaken or misconstrued. Among these no power sto iie found, hy which Congress is bit horizedto make any law by winch fugitives rom justice, fleeing front one State, shall be arrested in atiottier Slate. We assume such to lie the lact,without going into a detail ot the powers thereio grained, and we do it without tear of contradiction. By the last clause of the said section, Con grrss is empowered to make all laws which shall be necessary anti proper tor carrying into execution the foregoing powers, and all other powers vested by the Constitution in tlte Government of the United Slates, ot iii any department or officer thereof. ’1 he power relerrcti to, not being found among the* powers enumerated iu the Bth section as slated, the next inquiry is. is it lobe found in any other section ot article ot the Con stitution ! Not finding h'among the entt ineratee powers gran ed in the Bth section, we wonlo, if it exists til all, naturally ex jiect io liutl it in that clause, to carry into effect which the Ist and Jtl sections of the act of 12th February. t;:i3 were oasst and, and which sections these, resolutions [pro pose to amend. That 'clause is found in the 2d section 4lh article, and is as follows : “A person charged with treason, felony, or other crime,'who shall flee from justice and be found in another State, sliall. on demand of the Exe :ntive authority «fi • lie otalc from which he fled, be delivered up, or removo and to the State having juiisdioiion ol the crime.” These are the words of ihe clause, and they contain ail that is said in the < ••nsiitulmn on tiie subject. The i tnti>e is merely dirtdo ry to tiie States, but gives ro power to Con gress to act in the matter, aud, theielbre, no power to make any law to enforce it: nor cau such power be claimed under the last clause of fine Bth section, above'referred to ; for that clause only*gives the power to make all laws necessary and proper to catty into effect the powers granted. Mo tar, then, as tins examination has gone, Congiess has no power to legislate in this matter. Can such power be louml mthef.i! article of the Constitution, which defines the judi cial power of the United States? We say not. The judicial powers of- Ihe United States are confined to two classes ol speci fied cases. Thejurisdiction in the one class depends upon Ihe character ol the case, and iu the other upon the parties. The gener al word ‘-case,” as used in that ariicle, comprises not only civil cases, but crimes and misdeiueauots: the word “controversy, ’ refers io civil cases only ascontraoisuuguish tcl from criminal, if this isnot the true construction, the courts of the United States might constitutionally have juris diction ol all crimes against the laws of the States, for in such cases the Slate would be a party. The judicial power is limited, first, to cases in law or in equity arising uuder the Constitution and the laws of the United States, lfthe judicial power, which, by the resolutions, the Legislature of Georgia has conceded to the United States exists, it must exist as far as the character of the cuac giv/s jurisdiction in the grant ot jurisdiction Just cited; lor there is none other wnichcan be construed to grant it. As between the State of Georgia and the individual fugitives from justice, does the case arise uuuer the Constitution of the United States I Unquestionably n rt; it arises under a penal law of the St..te of Geoigia; the offence is against that law only; and the clause of the Constitution is only directory as to the mode in which the offender is to be apprehended anil brought to justice. The case, therefore, as between the Slate of Georgia and the individual fu gitive, does not arise under the Constitution. It can arise under no law of the United States; for the power of Congress is lim : ted to the definitiou and punishment of certain specified crimes and offences and none other; the definition and punishment of all others being reserved to the States; and the offence with which these fugitives are charged is not one of these specified offen ces or crimes. As between the State and ihe fugitives, then, the courts of the United States having, under the Constitution, no juiisdiction, and being incapable of receiv ing jurisdiction to punish the criminals, the process contemplated by the tesofutiuus cannot be necessary to enforce their juris diction. The right of the courts or judges of the United States to issue process of any kiud, rests exclusively on the necessity of having Such power, to enable them to exer cise their jorisdret ion, and to carry into effect their-judgments and decrees. Does such jurisdiction exist, admitting the ease to he a controversy between the States Os Georgia and Maine; that is. admitting it i to be a controversy between two States ? Without raising all argument as to the character ol the controversy, whether it is a controversy of- tch a character as that it can be brought judicially to the notice of a rouit without which a court of the United States cannot lake cognizance of it, no matter who are the parties, it will be sufficient torus to it mark that, admitting the jurisdiction, and that m whatever shape, or between whatev er parlies, the case may present itseP. till ami every one of the courts of the United States have jurisdiction, then the further legislation of Congress, in order to obtain the objects of the resolutions of the Legis lature, would be wholly unnecessary ; for, by the 14th section of the judiciary act, of Jtth September, 1789. now in full force, it R provided “That all the beforetnentioned courts of the United States sliall have pow er to issue all write not specially provided for bv statute, which may be necessary fori the exercise of their respective jurisdictions, I anti are agreeable to the principles and us ages of law.” And, by the 2711 t section of the same act, it is made tire duty of the mar shal of each district -‘to execute, through out his district, all lawful precepts directed to him. and issued under the authority of the United States.” And, by the lion ol the same act, it is provided “That for any crime or offence agutnsl the Uuited States, the offender may, by any justice or judge ol the United States, or by any justice of tlte peace or any magistrate ol ilie United States, where he may fie found, be arrest ed anti imprisoned.” Taking these sections ol the judiciary act in connexion with the provisions of the Ist an 1 Jtl sections ol the act of 12th February , 1793, referred to in the resolutions, it would seem to follow that it Congress had power by the Constitution to give to the district ol rficuit judges the pow ers contemplated by h • resolutions, no fur ther legislation would ? necessary to ac complish the objects ol hose resolutions. But admitting that Congress has the power ci.nstit utionally it; give to the judges, in a case in which twom more States are parties to the controversy, the towers con templated by the resolutions, and that ad ditional legislation could be made, the bet ter to effectuate the objects ol the resolu tions, then Congress could give such ju risdiction only coticuTeiit with the Supreme Court, which, by the Constitution, has ori ginal jurisdiction tit all cases win re two or more States are parties in tiie controversy. Even this right to giv- concurrent jurisdic tion to the inferior courts his been doubted anti denied, in cases where the Constitution has given original jurisdiction to flu* Su preme Court, (see the case ot Ravara in jtl Dallas) ami has never to this day been solenmy determined. The Supreme Court has. how ever, decided that Congiess cannot by law, a sign to the judical department any duties but such as ate of a judical character. The case, then, whether between Georgia and the fugitives, from justice, or between Georgia aud .Maine, must be first made to assume a judical character—that is, it mil: t he a suit brought before the court in such form, or fry such process, or upon such a return, as to enable ;he court to <le tide upon the tn- iits of the question, on the law, and oil llie facts, w here the luilcr tire involved. The Supiemc Court has also decided in the case of Marbury and .Madi son, that where the Constitution has given original jurisdiction to that court, as iu the case wilt re a Stale is a party, it eaimot exer cise appellate jurisdiction. If then. Con gress could constitutionally give to a dis trict or circuit judge such powers as are proposed hy the amendments suggested iu the resolutions, would the Stale iff Georgia consent to place her great soverign and enli st tutional right (to* she has the right, boll) as a soverign State and bv the congUltiiinii) to deinan and ihe delivery to her own courts offugi ives «he have offended auainsf her own la.vs fimder the tbanluie control .and decision of a single) junge of a district or circuit (ain' t ; laws made ami deemed abso Ititelvessential to | roteet the sacred righ's of her citizens in their slave property ? \\ ill she consent to pla-e unfit power in the hands of a judge—yea. pi limps, of a jury whose judgement might, and proba ,d\ would, be swayed by lm» or their own pi i j nuice or controlled by the strong feelings and prejudice t t i ll m and around the conn At.tl especially would she consent to do this, without the power even of an appeal !<> a higher and more impartial tribunal ! We t. ink not. At least, we, her Rcpresmatives, will never consent to become the instrument to place her in so helpless aud humiliating a situation—a situation, too, in such she could not even complain of wrong or injustice, be cause, by her own petition and consent, she would be placed in that situation. But a higher aud more sacred duty de volves upon us, her representatives here than a mere justification of ourselves. 45y her soverign power, before the adoption of the Constitution, Georgiahada riuht exclusive ly regulate and control the property of her citizens in slaves. The Constitution im paired not that soverign right, but confirmed and secured its quiet and peaceable possess ion and enjoyment. Without that guaran tee she never would have become a lartyto the ct nipact; without it, she ought never to remain a party to that compact. Affilia ted societies, numerous and powerful, not on ly in i ur own icuntry, but in Europe,are wielding the power of the public press and the influences of the church—yea, ate now affiliating together on both shores of tlte At lantic, and combining ait their energies to in vade and destroy this, one of her mo?t sacred aud inalienable rights. Not only so; Gov ernors of States, forgetful of their solemn ob ligations and duties, are refuseing to lend tiieiraid to bring to justice, those who have dared to violate her penal laws, made to se cure these her sacred rights; are refusing to do that, which is solemnly enjoined up» on them as a duty, by the very Constitution which they have sworn to support. Even witfiout the solemn compact of the Consti* tution Georgia, as an indedependent and sov erign State, would, by the laws of nations, have the right to demand these criminals, from the State to which they have fled in orffirtbtry and punish them within her own jurisdiction: and if this her demand were refused, would have just cause of war. Vtittel states it to be an estab'ished princi ple of the law of nations, that a nation whose subject lias offended against tlie laws of another nation, ought, according to the circumstances, to make reperation, inflict upon him exemplary punishment, or, final ly, to deliver him tip to the offended State to be there brought to justice.. That this is not only the case where great crimes have been committed, hut that even in cases of ordinary trausgtession, where States are closely connected in friendship and good neighbourhood, the offenders are recipro cally obliged to appear bafore the mag istrate of the place where the offence was commit-' ted. upon tha requisition of that mages trate : an admirable institution, he says by means of which many neighbouring Stale live together in peace, and teem to form on ly one republic. This is >n force through out Switzerland. As scon as the letters rogatory are issued inform, tl. e superior e the accused is bottned to infi.rre them belongs not to him to examine when' ?* the accusation be true or false ie i tr presume on the justice ol his netehtor S , 'a not io suffer any doubts on Ids own part . impair au institution as well calculated “ serve harmony aud good understanffi D J U' tween the States. '1 he soveri, n who refn" scs to make reperation or to ileliver U p ,i offender, renders himself, in aoine measnr an accomplice in the injury, and becom. responsible for it. (P. 163.) • ‘ e law of nations, and there cat be ’ut litiF doubt that the framers of our Constitutin'" had this uery case of Switzerland in view’ when the clause now in question was fr- ’ ed. Its enforcement was intended tn entirely on the good faith and tmitualobli gniiol.s of the States. A likt clause w H9 contained in the articles of the old confed eration. which compact, was itself but ;i (treaty between the States. This clause is, in fact, a treaty between the Slates, to secure and protect a great sov ereign right, recognised and respected bv all civilized nations—a right claimed bv n|f and never relinquished ex.»ept from weakness or tear—Georgia owes it to l, L r people to protect aud preserve it in ftillvq-or and un impaired. She ought never to consent to relinquish one iota „ffit to the Central Gov ernment, or to any other; thr aimed on all .-ides, and tlte more esjecial'yat the preset t time, it may become ere long |;ei only rt .. luge of safety. ]! h r co-States Will ni(t( m I fie discharge of their solemn duties and obligations, under the compact of union, in terpose to preserve it from violation, she must for her own protection, and the safetv and protection, of the rights and property ot her citizens, rely upon lit r own strong arm to guard it from violation. The imdersi -. etl can never consent to be made the wist'u mmls for its übaudonuieiit. Relit vir.g tli *tt lore, that we arej. stiffed by the views ue have presented, tool by the sacred duty which we aw to a magnanimous and con fiding people, but with the utmost respect and deferent e to the Legislature and in yortr Excellency, " p must decline to com ply W ith the requests contained iu the resol utions. YVe have the honor to he, with great res pect, your cxcc’leucyV obedient servants JULIUS C. A LICK L). YVAI. C. DAWSON. RICH. W. HABERSHAM. THO. BUTLER KING. ERGEN lUS A. N USB IT. LOTT WARREN. IN SENATE. Thursday March 12, 1840. The Senate proceeded to consider ••The hill to provide lor the payment of damages sustained hy individtH* iu the wars w ith the Indian tribes since 1830.” Mi. Hubbard advocated thi-' bill at some length. YV lieu last uiitler discussion it had met with some opposition; what there was objectionable he could not conceive; but if ary Senator could devise i better measure to reach the object aimed at, he slto'ul i he vary Inppy. He thought it tlue alike t.i the honor ot tlte Government and justice to rhe individuals that something should be done, ami that speedily. What ere the (n ia of the ease ! The officers ol the tinny |ad ta ken possession ol ihe houses <.| 11 rtain in dividuals and occupied them a- mi ilaiv bat racks, store-houses, Ac.; in.d ilje property iltus tuken hy these t fligers lor the Use of the army was destroyed by the enemy mioti st qm me of soph oectip,iti<i,i. Mr. fl. !t |. Inded to some ol the most prominent tvs,.*, as that ot Gen. Demand* z. of (ten. Clinch, and John J. JRilow, all of w hich lie conten ded came clearly within th • principle if the law of 1817 iu relation to property- dc,- troved iu consequence of occupancy by ocr troops. Not only was the prnpeitv destri v ed in one instance, Imt the owner id it (A.V. ilultiw] was impressed amt lost his li e iu consequence of fit. These matins were all in evi'ience before the committee, and the property was clearly shown to have been de stroyed in consequence ol being occupied by our troops. In otticr instances prrvit iuus wi re taken from the owners tor the sup port ami subsistence of the troops at a linns when they could hive been but ill spared. Under these eireumstanccs, the cun mince could not hesitate for a single moment to do justice to the claimants. The aggregate a motiin which, on a former occasion, seemed to alarm Senators so much, lie was happy to say, was not so Urge as many had sup posed. The claimants had long been knock ing at our doors, and soliciting justice at our hands: some ot them had been reduc ed from iifHiiene • to absolute penury to pro mote tiie objects o! the movements of our army, and such things sfiotild not be coldly contemplated without an effort to make prop el remuneration. Every principle of justice and hum niiy Idihade it. Mr. YVright admitted that he had not ex amined the matter with scrupulous care, anti inquired whether the bill already passed by the Senate t • esiiihlish u board of commis sioners to hear and examine claims against the United States would not reach the ca ses alluded to by the S-natur? . (Mr. Hubbaeil said undoubtedly t’'e bill would reach some of them.) Mr. YV. then thought that, if this bill were passed, it would be a kind of duplicate legislation. There was one bill already sent to the other House of a general char acter, ami before that was acted on, here was another, of a general specific nature, (if lie might be allowed to use such a phrase,) which might have a tendency to embarrass the other. Again. The same difficulty that had pre sented ifsclf to It is mind, when the bill for the relief of John J. Bnlow was discussed, still existed, and he thought the committee had not based the report on sound prirci' files when they sought to apply the recogs nised usage of civilized warfare to that es savage; they were dia etrically opposed in every requisite. In the one ease persons of property were always anxious to have the troops, as far as possible, removed fr om their domicils, lest the enemy might be provoked to destroy them ; but, in savage warfare, the case was entirely reversed, and it was at all times desirable to have the f r petty occupi ed, that it might be guarded from destruct tion. In the instances before them, so fat* from the property being destroyed in conse quence of occupation, it was protected so long as the troops had it in possession, and hence he was not disposed to lend his sanc tion to a measure that would make the Gov ernment responsible on principles so essen tially opposed to each other. Mr. W« thought, too, that if such a principle as tha. laid down was mice established, it might lead the way to ot her Indian wars beside* open ing the doors of the Treasury to an almost indefinite extent. Mr. Hubbard contended with some ener gy that the principles in the cases eainc clearly within the law of 1817, and went in to a detail of the farts as proved to the sat isfaction of the committee, tn convince the Senate that they did so. As to throwing w ide the doors of the Treasury, it was a false alarm ; $150,030 would cover tils whole a-*