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[COS AM KM IA BARTLETT -EDITOR]
THE DEMOCRAT, will be published every
„- .ck in Columbus. .Muscogee County, (ieorgia,
Three Dollars per annum it paid in advance,
O' Four Dnllvra al the end of the year. It is
especiwTithat all application for subscription
from a dlsTanco will be accompanied with the
money,
Advertisements will be inserted at reasonable
rates Sales of land and negroes, by adminis
trators, executors or guardians, are requited by
law to be held on the first Tuesday in the month,
between the hours of ten o'clock in the forenoou
i, three in the afternoon, at the court house of I lie
county in which the properly is situated. Notice
of these sales must be given in a public Guzotlo
biity days previous to the day of sale.
Notice of the sale of personal property must
be giver in a like manner forty days previous to
the dav of sale
Notice to debtors and creditors of an estate,
must bo published forty days.
Notice that all application will be made to the
court of ordinary for leave to sell land must be
published lour months.
IMiOst’ EC I’Ui,
l'vr publishing ut Columbus, Ga. a Political and
.Vised a nevus JVV wspaj er, l" be entitled th e
1)E »1 OCIUl 1 .
Jo picseming to lire puolic ns Pros
pectus I'r anew paper at Columbus, the
subscriber does not deem it necossaiy or
fspeiiient to go inio a minute detail of his
political docilities, or of ids patiicular
views in regard to tiro various topics winch
now engage public attention. He pre
sumes that his character us an editor is too
util known in Georgia to allow him to
gain credit among any paity, with mere
and empty promises. The
public will be apt to look to the past in for
tiling their estimate of the futuie, and fry
that otdeal is lie willing to bellied. In
thu mimeroui political discussions, which
the events of t.ie day have called lorth, his
opinions ol men and things have been fine
ly expressed, and are doubtless familiar
to many of those to whom he now looks lor
patronage and soppoi t. Those who have
Litlioiio uppioved of his sentiments and
been satisfied witn tile manner in which he
!i t., utged them, will, hu ti lists, still con
tinue titeir confidence, without the lenow
ill of pledges, or a lotOiui confession of
faith.
in reference however to the present
state of parties, lie begs leave to teniain,
that he trusts the absence of all political
ixriiemeot, will prove propitious to the
cause of trutlt; and tltat now all parties, by
whatever names they tuny have been dis
tinguished, will be permitted to labor for
the general welfare, unobstructed by the
jealousy, or the rancor of by-gone feuds.
The unbeisigned will endeavor to extend
Mill futtiier this cordiality of feeling, and to
allay the occasional symptoms ol ex cerb
bl.’oti so which a wat inly contested election
may give rise; and in this, mid whatever
else lie may undertake for the purpose of
advancing the prospetity of the state, he
v ill count on the coidial Co-operation of
every good citizen, however they may
Have previously diffuied on points ofpoftt
toil faith.
Attached to the doctrines of the Revolu
tion, and holding in veneration tho
memory of those lietoes and sages by
whom our liberties vveio achieved, and our
present admirable form of government es
tablished, tho subscriber will endeavor to
manifest the sincerity of his professions, by
(Xciltng a feeling of tifltu bment to the
Union, aud encouraging an entire cottfi
deuce hi the institutions of our country,
lie will inculcate thu doctrins that it is
latter to bear a slight and temporary evil,
against which we have a constitutional
remedy, than to hazard all for which our
lathers fought and so many martyrs, labor
ed and bled He will not in any respect,
overlook or disregard the tights or the in
terests of his own state; yet lie must always
viotv particular tights and interests, as re
latively connected with others, attd he will
never consent to tie sacrifice of a greater
lur a lesser good.
The subscriber will endeavor to make
The Demount a vehicle of general intelli
gence, and an interesting periodical to the
gentleman of btet ature, tlio agriculturalist,
tim merchant and the mechanic.
C. E. Bartlett.
To the Pui.iic.
'PHE FACULTY of llto College would ro
A respectfully n,,ti:y the Parent!* ami Guardians
•I ill« Students, that the conllagialien of the new
< ; ultii'ig, however serious, will not interfere in the
smallest degree \\ itit tin* regular duties of the
College. '1 he course of instruct mu will not T)a
alluded, as every aecoinn.odalioii will he ready
•Or the studo, ts by the first of January. 'l he
Library it j s true has l.eeu destroyed, hut we feel
«juil'id, n! from the munificence of the Legislature
hat the Lost* will be so far repaiied by the opening
<1 die next term, as to prevent any injury atising
trom its destruction. The Mathematical instru
ments ran be easily replaced. The fine Fhiloao-
Ij 11 . Aparatus and Chemical liislrumeuts ice
jut jtj'ired, and consequently full instruction in the
1 !>u. r classes can be given.
ns to tin* personal accommodation of the young
r ion, difficulty will exist, us the old buiiding
iort*o devoted in the residence of the two low
-1 "> s es, is uninjured, and will consequently cou
-1111 ad who now compose these clasos, or who
lu y eoyie by the conuuenccmtnt of the next
•• Iha two upper classes will bo aceomuio
‘-ucd with lodging and study to nus in private
• mini s or the boarding houses in town, and that
, 'on any additional chaigo, until tiio College
“/‘tig shall he repaired.
I no 1’ acuity thoicioro trust, and with full con
| Face, th.it iho ciedit of lhe Institution with t ho
llJ hc, will nn bo dii;i:,islicd. The Faculty
"<i Ol’orc caiilidu in thu return of oil the Stuilvtils
' ‘ fitst oi Jauary next to rtsuinu their regu
- dalles . liy order of tho Faculty.
V. ILUAAI Mll’i II EL,
~ fc.eorcUuy.
G t. 30 4
j, * ' * rinlcrs ih oughout the slate, friendly t"
"'■'crest oi Li oral mo and tiio Institution, will
l ‘so insert the a >uve.
„ r a a ji’rJiJJx'Ticr.,
lEL hu loann hi tins ulli. t*. A
■ » tta. t ;i< live l 1(1 «,{ gniulii Oi ui <
' * hold i>! ; .
GARDEN SEEDS®
Vf/ARRANTED FltESH—Just received,
* v iiiiu lor gale, by
O, - B TARVER 4. Cos.
rov. 27. c 7
law office,
i< dIK undersigned continues to practice law
in Columbus and the adj lining counties.
He has also opened an office in Washington
Autauga county, Alabama, in connexion w th
David Goli<rhlly esq who resides in that place,
i I tey wnl practice in the several courts of law
and equity of that state, also in the circuit couit
of the United States.
„ , , _ . J. T. CAMP.
Columbus Georgia, N0v.27.
T iWir N «/ T,CK ~ JoI,v M, r.Tosi .V William
11 ‘ J " Welbors, have associated themselves
in the practice of Law, under tho firm of Milton
and Welborn—and . nc or both of them will re
gularly attend the Superior Tourtsof Muscogee,
Randolph, Lee, Marion, Talbot, Harris, Merri
uother, and Troup counties. Their office is ip
Columbus, where they may be consulted at all
times, when not on ihe cireuit
JOHN MILTON,
„ „ „„„ WM. J. W. WELBORN.
Nov. 6, 1830. 4—3 w
ITT The .Macon Telegraph. Augusta Chronicle
and Alabama Journal, will give tl.e above three
insertions, and forward their accounts to us for
payment M. V W.
POWERS &. NAFEW,
|1 AVE just received a large assortment of
I F DRY-GOODS, FANCY A STAPLE
Pv EAD Y- VIA I) E C LOATH l NO,
HA ; DWARF,
Carpi liter s Tools, Shoes, a Complete
ASSORTMENT OF HATS,
CROCKER Y < 111N A TEA-SETS,
CUT GLASS, Ate. &c.
which in addition to their former stock, makes
tneir a-s utmonl very complete—which they
oiler on favorable terms.
Dec. 4 c and
TEW IS C. ALLEN
IP now opening at. his storo, West side of Broad
slroet, an extensive a sortmeut of
STABLE AND FAN* Y GOODS
among which are
Super Blue, Biack and dive Cloths,
do do dark mixed and Gray Sallinetts,
do while and red Flannels,
London Dutilo and Point Blankets,
LinJsey Woolsev and Kersey,
Bleached and Brown Sheetings »td Shirtings,
Flints and Ginghams of ov. ry description,
Sarsnetts and Sinchaws,
Soper black Lutestring Silks,
do ehaug tiros D Nap. do.
do black Mandarine,
do chang do
Printed Circassians,
Bombazines and Boinbazettes,
Black Fr neli and Italian Crapes,
Swiss, Cambric and Book Muslins,
Jaconet and Foundation do
Linen and ottun Cambrics,
Robbinet Laces,
Thread, Edging, Footing, &e.
Lace Collars and Veils,
fancy Gauze Handkerchiefs,
Linen Cambric and Merino, do
Flag and Bandanna do
Belt and Bonnet Ribbons ol the latest style,
Dunstable and Leghorn Bonnets,
Misses Gimp,
Tuck, Curl, and Shell side Combs,
Bleached and Brown Linons,
Linen Diaper,
Silesia Sheeting,
White Cotton and Silk Hose,
Black do do do
do Brown andßundoin mixed half hose,
La .ibs Wool do do
Buck and Beaver Gloves,
Black and white Silk do
do and Coloured Morse skin do
\ alencia, Swansdown and Marseilles Vestings,
Furniture and Apron Chocks,
Domestic Plaids,
Union St ipes, Ac,
Superm. Bed Tick,
Padding, Buckram, A c Ac,
Superior Gilt Coat, and Vest Buttons,
do Beaver I lats, latest fashion,
Roraut mid Wool do
HOOTS & fj SHOES;
Superior Mens Fine Calf-skin Brogans,
do Coarse do
Morocco and Kid Pumps,
Prunella Slippers and Boots,
Misses colored and Black lasting Slippers,
Childrens Leather Shoes and Boots—
ALSO, A OEM KAL ASSORTMENT OF
READY MADE CLOTHING,
HARD WARE, Ac. &c.
October, t!3 —‘J—if
WHOLESALE
i)S£F* f)
STORK » SL
SAVA\NAIf.
itllE subaerbers have just received a complete
assort incut of
MAT' I! OTS & SHOES,
selected principally for the country trade, and of
fer them low fer Money or good Paper.
CKO. NEW HALL & Cos.
young's Buildings
Oct 2, 1830 2h
OA A Til \ A. HUI)-ON,
HAS removed from his former stand on Craw
ford. to Hioud Stmt, tie ;t door above messrs
Stowurt and Fontaine, w here ho is i ow receiving
dncct from New York
general Assortment of
I>RY GOODS
HARD WARE CUTLERY Ac. &. *-c.
Which he will sell low for cash, or approved
paper
lie has also on hand, and will continue to keep
A GENERAL AS NOR I’.ME.M OI
GROCERIES.
Columbus, Nov. 20.
D REES ; ER
TniSor,
51> ESPECTFUELY Informs the citizens of
j k Coluiubw and its vicinity, and hi- former
rtisminei s from Milledgovillo particularly, tlnn
liv has located liiinwilfin tliis pin xv His arrangv
incids are such thin he will always ho in po „s
--nJi, of the latest fashm s, and those who nuv
ftvorhiui wi h men orders will liuve tin i. w > k
dr) with the utmost neatness and dispal. o. 11 in
,h ~t is on Cra.vlbrd sUoot two doors below Itn
(•us'Office
Columbus, Nov EJ c o
COLUMBUS, GEORGIA, SATURDAY MORNING, DECEMBER 18, 1830.
T O LITI CAL.
TO THE “TRIO.”
[CONTINUED]
Unfortunately for u«, we are not left to
meie theoretical reosoning upon this sub
ject. We have seen embodied in the living
current of events tlie very dangers if which
I have been speaking. Who can forget
bow all the energies which state organiza
tion could confer, were certain states 10 im
pair onr national energies, i:i the late war
and prostrate onr country, degraded, dis
graced and discomfited, at the feet of a
prom! and imperious foe j* Who can for
e»‘t that the prayers of “stab s,” almost in
the very forms of constitutional proceeding,
'vere, from the very temples of state sov
* teiguty, sent up to the throno of heaven,
breathing maledictions on the armies of the
republic 1 Who, that feel. any interest in
the true glory of his country, does not wise
tho story of the Hartford Convention blot
ted forever from her annuls ; and wllo that
regards her pi r tianntt happiness would not
deprecate the recurrence of sue h i.nother
intuitions association, as the greatest calam
ity that could befall-her?
And do we not see almost passing be
fore us, in this tranquil period of peace, an
example ofstate insubordination less glaring,
but » von more alarming than that to which
I hive just alluded? The laws of the U*
"mri, clothed with the most solemn sanctions
ol the constitution, have been, under the
extreme pressure of local embnrrasment,
absolutely resisted by the stale
After the supreme tribunal of the country
pronounced an act of Congress consti'u
i"n ul, and consequently the supreme law of
the land, a stale goveruntnem has openly
<-pp->st'd its execution. Ii w ill be readily
understood that I allude to the embarrassing
conflict of authority between the general
government and state of Ohio, in telation
to the National Bank. A td I hesUate not to
pronounce it one of the most portentous e
vents that has occurred since the adoption
of the federal constitution For if, after
the national judiciary have solemnly af
fiimed the constitutionality of a law, it gtj||
be resisted by the state rulers, the Consti
tution is literally at attend; a revolution of
the government is already accomplished,
and anarchy waves his horrid sceptte over
the btoken altars of this happy union.
In ill* <-x ininles to which l have alluded
thus briefly, of insubordination in s”oe vu
leis, we distinctly perceive the eflects of
that unavoidable want of responsibly to
the Union, winch I consider the weakest
part of out federative system. And wh o
is still more alarming, every member that
shall be admitted into the Union, will in
crease the danger to be apprehended from
this source. It requires but little skill in
tinging the changes of pulitical permutation,
to enable us to perceive that in proportion
as we inciease the number of states that
compose the Union, we multiply 'he chan
ces of local combinations unfriendly to it.
And although by enlarging tlie confederacy,
ue shail diminish the relative strength <tf
any such probable combination, and of
course the ptobability of a forcible disrup
ioi ; yet the iui reused frequency of colli
sions between the g-moral and state gov
s iiniems, will bes- arcelv less to be depre
cated. For it ought uever to be forgotten
that tins union is not to be sustained by
physical force, but by kindred sympathies
aud mutuil good will.
Let us now consider the principles ol
construction w hicn 'Ught to prevail in ascer
taining the exteut of powers delegated by
(lie constitution to the national govetninent;
ami of the means provided for the applica
tion of those pitDciples. As far as i can
collect any distinct ptopositions fioin tiie
mi illey of unconnected quotations yoa have
m ide on these* very nnporlant subjects I
understand you to affirm, that in expound
ing the* federal constitution we should be
“tied down to the sinct letter ’ of that in
strument ; and that the general government
“ iv as not iiiudf the exclusive or final judge
of the extent of die powers uelegateu to
itself, but lti.it, as in all other cases of coin
put among parte s having m> ruiuimm
jo *>, each partij has a right t a judge for
itself ' A'; iln st may b cotisiceted Ide
im,t e tian and essence ol all the wild and
in .st, ucnve pitticq les that h,.ve ever bet u
advanced ii tel.ilion to toe subjects udder
consideration, and as tney constitute the
basis of a contemplated i evolution in the
i.fiiiin stiatiou of the general goveromein;
1 have been par icular in using yout vety
language, les, 1 sit, old he suspected ol giv
ing my own 1.!,p essliillS of Ine ttsult ol
y. ui argil I ,in n*, ■>, mate conecily speak
t, g ol yout quota- ions -
, In asserting list we ought never to tra
vel out el int “strict Ii iter” ol me constitu
te n, 1 am Him si disposed to believe, to
chat tty, that you wm* igooiant *d the ni
tuce ol you, own proposition. tot it, with
its obvious and necessaiy const q iwticts be
fore yt u, I coni Ib' I.eve you would still
ito.inl on it, i should be romp* lieu to think
u, fvc .hi) id your chaiacims ;as liminug
ii mme cleat!) oeuttuisirable thin tha'ycCn
t ole (ft const, uclion would paialyz* iveiy
living em rgy of the constitution, and sbso
lt< tly .intnhil tu the government. Without
implied Hint incident il poweis, almost the
tijiir* muss of means by yvhich the machine
if g- v. foment i- kept in motiort, Co-it 111 not
t»*• it lilt'd a si. gie momeii', but woo and l-tll
i ~m the hands of life < inui.i>,i atioii, ( n
:> ss have powei, (or “tin
stii.t It tie,” nl tile coiistiluti-.ii, “uecliiit
•a ,i,' and “r *tse an' sityip 11 ai lilies;’ but
■•■ lto i reci M.,0, 'I in I,t i ifit , I toils, lid
■ ' 'or the put chase r me utuu’
war. They have pow- r “to lay an-- coll* rt
taxes and imports,” out the “stn.t 1 tin'
"f thu consii uti.hi gives tiit-ni nV» atithoiFy
to create ntficeis aim custom houses, any
nioto than «> locorpoiete banks, for liac-ir
collection They have power in “uorrow
money,” anj to pay ilia do ts of tin- union;”
but line “in,i st aut I, tier” duos not colder
any authority to citrate comnii>»ioiiers in
apply die sinking fjinl, or any means of
“borrowing,” m me one case, “paying”m
the other They have power to “coin
■nonev ” ‘hut regarding merely the “snicl
lelte ” the < t dil.-thtneiit of a ni'iit would be
an iliiconsiuuilonal extension of the “pat
ronage* of tire government.*
Nmv, if you will hut imagine to your
selves a war without permanent structures
fur national defence; an army without arse
nals, magazines or munitions of war; a sy s
tem . f revenue without odiceis or custom
Kuus ■; funding system with- ut comiins
sintieis to cmry it into effect; and a s heme
of conn g money without a mint eslabltxh-
ment you mt v Dun a conception of the
results of your rule of constitutional inter
pretatious. I will now shew that you h ive
not the semblance ol authority to sustain
that rule. It is l-.id down by an elemental y
writer, deemed tho first authority in evoiy
state of the union, that “tho most univer
sal and i ff'dual way of discovering the
due meaning of a law, wuen thu words are
dubious, is by considering tho reason and
lire spirit of it. '* This rule prevails through
out the civilized world, both in the consti uc
tion of municipal laws and of treaties and
confederacies between nations. It results
from the essential imperfections of die bu
rn m mind and of human language. Witn
out it the affa'is of nations would he ar
rested in tluir progress. And yet you ut
terly deny that we have any wairnni for
construing tlio constitution with refiV-renco
to its spirit. -Even in die construction of
pt ivate instruments, where the subjects to
which they relate are within the actual
presence of the contracting parties, the
same liberal regard to the spoil and inteo-
* 't is thus, in the poe.nnd number, that llils
writer illustrates some of the implied or incidental
powers under the constitution*
The first measure which vou touch upon, not in
the body of your essay, but in your notes, by
which you certainly intend to produce your ffiea
test effect, is internal improvement; over which
you say Patrick Henry never supposed the gene
ral government would usurp any power. Tlmro is
no ioc.iitontal powor more clearly given by die
constitution, (and even you admit incidental pow
cr,) and certainly there is none more harmless -V
salutary, than that of making internal improve
ments Congress lias the power to ‘ declare war,’’
and “regulate commerce between the several
slates.” tfliiere is any such thing as incidental
power, that in question must be incidental to these
two grants The power to declare ar necessa
rily involves the power to make war; and tho
power to mako war necets.irily involves tho right
to use at least tho ordinary means of making that
war efficient. Now. are not the roads and canais
to facilita e the transportation of the troops and
all tlio apparatus of war—means indispensable to
the prosecution of a war ? If it should become
necessary to marcli troops aftd transport arms,
through an imp -ssabie wilderness in a state, would
not u«y General be authorised to cut Ins way, and
make the marshes and swamps through whicii he
would pass, sufficiently firm to convey his carria
ges and troops ? And would lie not have aright
to appropriate the public money for this purpose ? j
Most surely And yet the whole legislative pow- '
or of the general government cannot do what a
General in the field, the mere creature of the F.x- 1
ecutive, could certainly accomplish, and that most
rightfully If Congress have not a right to make
a military road, they have no right to march ineu
through a- tate, without its consent; for the one
is as much a violation of sovereignty as the other.
But you w ilt sav that military roads are not indis
pensably necessary, for wars might be conducted
without them, and have been I confess 1 was
surprised to see, even sue.* politicians as you are,
fall into an argument so perfectly Mieriio Do
you not see that it would destroy all the powers
of the genoral government, and leave it disArmod
and at tne mercy of a foreign foe ? Lot us apply
our argument. It is proposed in the cabinet to
use cannon and cavalry, and Congress are solici
ted to make an appropriation for the putchase.—
Yoa would of course say no—Congress bus no
powor to make the appropriation, tor wars have
been conducted without cann n or cavalry; they
are, therefore not indispensably necessary It is
proposed to buy muskets, you say no, wars have
been carried on by bows and arrows, and muskets
cannot, consequently, ho of indispensable necessi
ty In short, the very fact that there ate more
ways than one to carry on war, by mode of
argument, would deprive the general government
of using either. For while there are two ways of
doing a thing, neither of them, according to your
refined logic, are necessary, and, therefore, neither
can be used. Tiio power of rogulating internal
commerce, equally involves the power to make
roids and canals, necessary and proper lor the
transportation of merchandize. It it is a pow*er,
too, that iutho very nature of things ought to be
lomr to iho general government; for as it extends
over the whole and our national territory, it is the
only power competent to make improvements
that will poi vade the whole extent of our country.
Now, 1 a»k you, gcntlonien, in the name of com
■non sense, where is (tie danger of trusting the
general government, elected by, and liequently
re« > instblc t" the whole people, with the powei of
making a road, or opening a canal; a power that
exists in tin* litlhr-crrpoialien of almost every
countv and district in the United States? What
IS there ill the tiling itself, that is calculated to
alarm you ? Is it the means of enslaving the coun
try ? Is there any thing in making a r.,ad, or dig
trt'ng a canal, that is cal, u'ated in rou-e the ambi
tion of our federal rulers ? Making a load is not
in itself a very captivating work, nor can I very
w ell sec what ambitious purpose the general gov
ernment c,*uld answer, merely by making a road
Your objection, it would seem to me, ought rajher
to he ag iiiisi the use of it by the general govern
ment, u/tcr it is made New every Lody will ad
mit hut good road are desirable in every point
of view For n sketch of their tt.il ty. I w ill only
refer to the masteily speech of M/ <'adiourt on
that subject, deli* cu and shortly bef.ro he left < lon
gi ess, and his aide re *nrt on that subject since he
has boon Societal) 1 of War Then if roads are
dos’uable, and ought to he used by the general
government, if the, It id ;m existence, your objee
turn resolves itsolt entile yin.o UiL: —1 hut ' "ti
gress ought to make tho roads ” How the slu es
can be inj ired by iinpro emont unit.) by Hits ge
oral govern, net it, 1 cannot perceive The p«w
to tnako a i „ad is not a distinct,substantive p
cal power at nil It is simply and essential!
means, as much so as the pow.tr to ui.iiiufa
t - ,il i.* rv oit»d-.'' us.
YOLUM . FIR i’- NU BEH I*l
lion nf In p 'l'lt-s l»eii<'r*!ly | r«-v -its. Is
there, then, any reason why the C<>iuiiiu
lion ul the Uuited St lies should receive a
more strict and technical construction thin
a municipal law or a private contiact? \V is
•t niittnded meiely to tuiuish themes for the
disputations of professional met 1 ? Far front
it It was formed by the people, and for
toe people Popular in its c.ieaiion and its
objects, it was intended that it should be
construed by the plain and obvious dictates
ofcoiumi ti sense, and withs liberal regard
to the great national ends it was and« s< tied
to accomplish Any man who will consid
er for a moment the vast ti dd -of human us.
fair, embraced within the scope of the con
stitution, aud that in its very nature it must
•>e applied to all those vicissitudes which,
in the succession of ages, shall mark our
progress as a nation, cannot but preceive
thesb.sindiiy of construi g this great na
tional charter as a lawyer would construe
an indictment. The officer who draws an
i idictment, aud the scrivmer who draws u
private conveyance, have the whole matter
immediately before them, to which these
documents respectively refer; and there is,
of course, no difficulty in making n specific
enumeration of particulars. But the Ira*
iners of a constitution have to provide fur
all those modifications and combinations of
human events, and all thoso varying inter
ests o/jsociety, for which human wisdom
cannot make any specific provision. To
enumerate tlie various aud detailed opera
of a government for centuries to come, and
the infinite variety of means that shall bo
employed, is not therefore the object of u
constitution. Its true object is to distrib
ute the great political powers among the
several departments of the
giving a liberal discretion to public agents,
in selecting the means try which those pow«
ers shall be carried into tff ci, but provirk
ing at the'same time, by their responsibil
ity to the peopie. the only aih q" *ie securi
ty against the abuse of that discretion.
You seem quite alarmed at tho idea of dis%
cretionary pow- rs; when in fact a govern
ment never did exist, nor never can exist
a single year, 'without such power. Such u
govern nent would be a political phenome
na. Us first act would be an act of usurpa
tion, fouuded upon necessity. Au eniite
■msconsception of the uue theory of polili*
cal freedom seems to pervade all your rea
sonings. Frail indeed, would be the ten
ure by which we hold that great national
blessing, if it solely depended upon the
-mailer or the larger portions of political
Dower, committed to this cr that < I iss of
functionaries. I have already shewn, that
otr true security was to be found in ihe
constant control, which, by means of tho
■lective franchise, we can exercise over
>ur political agents. All the classes and
fepartments of out government have ample
nnwers for all the purposes of despotism,
and they were independent of the people;,
hut as long as their constitutional depend
ence continues we have nothing to fear. If
1 hey abuse their discretion, we have noth
ing to do but to discard them from office.
Having thus shetvn the true principles
by which the federal constitution ougfit u>
be construed, I shall proceed to inquire,
what tire the means provided to apply and
enforce those rules. You assert that when
any conflict shall occur between the genera!
and state governments, as to the extent of
their respective powers, “each party has a
rignt to judgo for itself ” I confess I ana
at a loss to know how such a proposition
ought to be treated.—No climax of politi
cal heresies can be imagined, in which this
might not fairly claim the most prominent
place. If resolves the government, at once
into the elements of physical force; and iu-
troduees us directly into u seetie of anarchy
and blood. Tliere is not a single power
delegated to the general government, which
it would not be in the power of evt ty state
government to destroy, under the authority
of this licencioiis principle. It would bu
only necessary for a State Legislature to
piss a law forbidding that which the feder-.
al legislature enjoins, or enjoining what tho
federal legisl itnro forbids, Jand the work
is accomplished. Perh ips{wonld you require
the State Judiciary to pronounce (lie Siuio
|,w constitutional I will illustrate your
tiriociple by a few example'.
Suppose Congress should pass a law to
“lay und collect taxes, duties, impost
exercises ” and that a State legislature
should pass another, declaring the objects
for which the revenue was intended, unemi*
slitutional, and therefore prohibiting trie
Hirers oij the general government, by
•.evert) penalties, from collecting the‘taxes,
duties, imposts and exercises.” Suppose
congress should pass a law to “raisi an ar
my” for a national war, and a State
I attire pass another, declaring the wo ‘wic
ked, unrighteous and unconstitutional,* and
therefore prohibiting the officers of tho gen
eral government, under heavy penaliies.
font recruling soldiers within the limits of
the state. Suppose congress should pass t.
law for the pumshhmenl of counteif’eidng
the securities and current coin of the UTnt
nited Slates,” and a State Government
prnnouuce ii unconstiiuuonal. an I provide
heavy penalties against all i j tdiciu)
or ministerial, who should ,(tempt to en
force it. I need not multiply cu-es; for it
y„u will tiul v consider tlttse you will find
enough to satiate your keenest relisit tor
nucliv anil disorder. In all the above
,ses. you would sav, “tuc.lt p*rty Itad (
• ! >i to pidge f*>r itiell,” and of totitse it
so re its judgement. Y“U might then,
told a revenue officer of the United
es confined 111 a state dungeon loi o
mg the roveuue I >w» of congress. Y( U
,i see a gallant officer of the army, c* v»
i 1 •• uli the uloriuu* KCtira of many a hard