Newspaper Page Text
THE Ca^STITHTIO.KALI^T.
jtnvjviE.
fJ~ TERMS — For die semi-weekly paper, published
every Tuesday and Friday morning, s.'» per annum
and far the weekly #3, all payable in advance.
|X ADVERTISEMENTS are inserted weekly for 62
1-2 cents per square ; semi-weekly 62 1-2 cents for the
first, and 43 3-4 cent* for each subsequent insertion,
and monthly lor $ I, 00 per square lor each niseruoo-
For yearly advertisements private arrangements are
to be made, A deduction is made on the advertise
ments of public officers.
TT Postage must he paid on letters of business.
run Ac ni:i:n\u.
HARRIS COUNTV.
Resolutions adopted ala meeting held on the
28th September, 1832, in Hamilton, I). McDou
gald, Chairman, S. A. Billing, Secretary.
1. Therefore, Resolved, That we view the
Tariff act of 1832, as a continuation of that
system of legislative oppression, we have been
w» long protesting against but in vain! and al
though it is a reduction of the burthens of the
system, generally, yet in relation to the South.
it is unequal, and unjust, and certainly operates
ns a protection to domestic Manufactures, there
I wring a less reduction upon such articles by
aaid act,as wo are almost the exclusive consumers
of, than upon other .articles.
2. Resolved, That we hold wc have tire right
whenever the occasion may call for it, as a
sovereign State —a right paramount to any written
constitution and never parted with, to resist all
pal|iable and obvious oppression and infractions
of our reserved and sovereign natural rights.
3. That we w ill be, as we have been, slow tu
act in hostility to any law of our government,
which we may bclievo unconstitutional and op
pressive, in regard to the constitutionality ol
which, a majority of our brethren by their re
presentatives in Congress may differ; for if an
honest difference of opinion, honesty being in the
end the best |»olicy, must prevail ; if dishonest,
wo will try long to reason and -shame them, out
of it, before we sever the union, let loose the
“ dogs of civil war," and fly toevils that wc know
not of.
4. Resolved, That wc believe the existence
and integrity of this union,will much depend up
on the vigilance and disinterested patriotism ol
the people, and that although a-spi rants for office
may gull for awhile, yet they cannot always
dupe them ; and it being so evidently the inter
jpt ofthe great mass of the people lo put down
4&is mono|Hili/,ing and interested system —the
rich man's 100n —the poor man's scourge. Wo
have great hopes that the first change which
shall occur in the election of members to the
next congress, will correct this error in policy,
this obvious usurpation upon our rights.
f>. That wo approve ofthe proposition to send
delegates to Millodgeville from the different
counties,for the purpose of ascertaining and put
ting in operation measures of redress upon this
subject, thereby concentrating the wisdom, jus
tice and moderation of our own councils, and
to invite a co-operation on the part of onr
sister States labouring under the same evils ;
as the peaco of one is the peace of all—the op
pression of one, is the oppression of all !
6. Resolved, That we deem it improjier to
trammel said convention as to the time or mode
of action, holding ourselves ready to ratify
whatever may be done by the same, founded in
good policy, to reject whatever may be found
ed in bad.
7. Resolved, That wc disclaim the doctrine
of Nullification ns explained and enforced by
the Soulh-Carolina politicians, and those (ifany)
who agree with them in (Georgia, as neither a
peaceable or efficient remedy in our opinion,
and as leading lo disunion and all the horrors
of civil war, before we have said, we arc either
willing or ripe for such a crisis.
8. Resolved, That the course pursued by our
high and honorable Chief Magistrate, not only
in relation to the Tariff question but in refer
ence to the other important and embarrassing
•übjects upon which he has been required to
act, has been regulated strictly by a right sense
of moral obligation, and with an unwavering at
tachment to the honour and interest of the
country, and that we will use all proper and
fair means to promote his rc-clection to his pre
sent office.
From the Richmond Enquire) 1 .
THE VIRGINIA DOCTRINES,
Not Nullification. —[No. IV.]
Having made the extracts intended, from the
Report of 1799, I proceed to refer to other, and
collateral sources of information, of that event
ful period. It is hoped the public will excuse
the extent to which these references may he
carried. The subject, to which they relate, is
of vital importance to our peace and prosperity.
It was an of deep political interest; and
the proceedings which took place, contributed
mainly, in effecting a change, not in the Go
vernment or Constitution, but in the administra
tion of our affairs, consequent upon the election
of Mr. Jefferson, which they immediately" pre
ceded. The years ’9B and ’99 arc frequently
referred to ns glorious epochs of cur political
history. They were so in fact. Rut unfortu
nately the real character of Mr. Madison’s Re
port has not been sufficiently studied and under
stood, and the events which went before and fol
lowed it, have been suffered, somewhat, to pass
into oblivion. An attempt to present to the
public, materials which will preserve and ex
plain this portion of our political annals, though
imperfectly executed, it is hoped, will meet in
dulgence, particularly as the great object is to
disabuse the public sentiment, and to rescue from
misrepresentation and perversion, opinions and
acts, which when properly understood, do not
lead to disunion and revolution, hut arc aonser
vative of the Constitution of the United States
as well as the reserved rights of the States and
of the People.
As part of the contemporaneous history of
these important proceedings of the Virginia
Assembly, and as shewing their real meaning, I
refer to the resolutions of the other States, in an
swering to those of our Assembly of 1798.
They will be found (all except those of Mary
land) appended to Mr. Madison's Report, in ev
ery edition of it, which lias been published.
The following States passed resolutions on the
subject, vis : Delaware, Rhode Island, Massa
chusetts, New-York, Connecticut, New -Hump
shire a sti Vermont. I have ascertained that
Maryland also passed resolutions in January,
1799, denying the right of a State Legislature
to declare acts of Congress unconstitutional,
and to request the co-operation of the other
States in such a declaration. It is not intended
to go into an analysis of these papers ; it would
swell these numbers to too great an extent. Be
sides, these resolutions, so far os they presented
arguments worthy ot investigation, were an
sweagjand refuted in Mr. Madison's Report.
-THHttre only quoted now, to shew, that the
■ ot those btates, understood and re
pliH to the Virginia Resolutions of 1798, as a
inountmg more, than a declaration of f
* •
Ov
‘I opinion that the Alien and Sedition 1-a.at »erel
I unconstitutional, in which declaration they re-
I fused to concur.
Amongst the best sources of illustration of a
: ny particular act or resolution of a public as- !
d senibiy, are the Debates which took place when
* the subject was under discussion. These fre
quently serve to shew the motives by which
public men are actuated, and to discover the se
-5 cret springs of action, not apparent on the laoe
’. of the measure itself. The debates w hich took ,
l-place on Mr. Madison’s Report have never been
e published ; but those on the resolutions of 1< 9*
have been. The volume which contains these
debates is accessible to all. It will be found,
that there is a jierfecl coincidence between the
? ■ sentiments expressed by the advocates ol the
resolutions, and those which are advanced in
jthem. No person who took part in the debate
iin support ol the resolutions, ever dreamed of a •
L * resort to force or violence. Nothing was in
* I tended but an ap|>eal to tl»e public undcrstund
jing, as an effort to obtain the co-operation of
3 the other States, in endeavoring to effect a re-;
1 ipeal of those unjustifiable measures.
1 j Tin; length of the debates precludes the |*os
' !si hi lily of making very large quotations from*
e them. 1 will, however, insert parts ol the
“» 1 speeches of three gentlemen, who were distin-|
s * guished members of the Legislature at the time,j
e and will only add on this topic, that the wholej
tenor and complexi*m of the debate, is similar to
s | the sentiments expressed in the extracts which
I will follow’ :
[ ' Mr. John Mercer remarked, that “ the State
I j believed some of its rights had been invaded by
“ the late Acts of the General Government, and
proposed a remedy whereby to obtain a re|>cal
5 of them. The plan contained in the resolutions
apjicared lo Mr. Mercer the most advisable.
'* Force was not thought of by any one. Ibe
*’ preservation of the Federal Constitution, the c.c
jiuent ofthe Union, with its original powers, was
i the object of the resolutions. The States were
‘ jequally concerned, ns their rights had been c-
II jqually invaded ; and nothing seemed more like
e ly lo produce a temper in Congress for a repeal,
’ j than a declaration similar to the one Ik fore the
* [Committee, made by a majority ol States, or by
R j several of them. The States had the power of
' j communicating together in procuring amend
ments to the Federal Constitution. A proposi
i: lion for this purpose, had been presented to the
■ Legislature during the present session from the
’* State of Massachusetts, and would he acted up-
L ‘ on before their adjournment. Jt appeared
s strange, that the States might communicate to
* igether to amend the Constitution, and were not
1 ‘permitted to do so, in order to protect the same
3 i when amended ; that they might communicate
' !together when the}’ chose to give away their
* rights, but could not do it when their reserved
i j rights were invaded.” And after quoting the
’ pages of the Federalist, Mr. M. says: “ Here
jwe see the opinion of the resolutions so clearly j
| admitted a» to be considered a “ political axiom
* in our system." The right ot two different
‘ States “to communicate irith each other,' is here
1 supported by the best defence which the Federal
■ Constitution ever received : not only this right
is defended, hut were the States to “ adopt a re
gular plan of opposition, in which they should
’ combine all their resources,” this authority ad
‘ dressed to the people, at the time the Constitu
tion was under consideration, would justify the
* measure. But no such wish was entertained by
! the friends of the resolutions. Their object in
addressing the States, is to obtain a similar de
claration of opinion with respect to several late
acts of the General Government, which seem to ,
violate some of the most invaluable rights secur
ed by the charter of their own existence; and
thereby to obtain a repeal of measures uncon
-1 stitutional in their nature, and hateful in their
tendency ;’ measures, so ilistly obnoxious to the
people, that they would nave found few advo
cates, but for the vain pretence of their being
accessary to defend us against the attempts of
[France; measures, that have divided the com
inanity at a moment when union of sentiment is
ardently to be wished for by every friend to the
interest of bis country.”
Mr. (now Judge ) Dantel said, that “ The ob
jections which that gentleman made to the mode
of remonstrance adopted by the resolutions, had
already been so handsomely and conclusively
answered by a worthy member, (Mr.' Mercer,)
who preceded him in this discussion, that there
was no necessity for him to give them any atten
tion.” As to the objection, that they W’ere im
properly addressed to the other States, Mr.
Daniel said, “ be supposed that this mode was
extremely eligible, if the other States think
(with this, that the laws are unconstitutional, the
■ j laws will be repealed, and the constitutional
1 j question will bo settled, by this declaration of a
majority of the States ; thereby destroying the
| force of this precedent, and precluding from any
future Congress, who might be disposed to car
ry the principle to a more pernicious and ruin
ous extent, the force of any argument w’hich
might be derived from these laws. If, on the
contrary, a sufficient majority of the States
should declare their opinion, that the Constitu
tion gave Congress authority to pass these laws,
(he constitutional question would still be settled ;
but an attempt might be made so to amend the
Constitution, as to take from Congress this au
thority, which in our opinion was so pernicious
! and dangerous.”
j Mr. John Taylor, (of Caroline,) “ proceeded ’
!to apply these observations to the threats of
, war, and the apprehension of civil commotion, i
| towards which the resolutions wore said to have
ja tendency. Are the Republicans, said he, pos- i
sessod of fleets and armies? If not, to what ‘
could they appeal for defence and support ? To i
nothing except public opinion. If that should i
be against them, they must yield ; if for them, .
did gentlemen mean to say, that public will i
should be assailed by force ? If so, should a <
minority, by the help of the powers of govern- <
ment, resort to force for its defence against pub- i
lie opinion; and against a Slate which was pur- ‘
suing the only possible and ordinary mode of as
certaining the opinion of two thirds of the States, (
by declaring its own and asking theirs ? How i
could the sth article of the Constitution be bro’t j
into practical use, even upon the most flagrant
usurpations ? War or insurrection, therefore,
could not happen, except Congress should at
* tempt to control public opinion by force; and i
jthis it could not be supposed they would ever do,'
not only because the will of the people is the so- «
vereign in all Republics ; but also, because both
that and the will of the Stales, were made the j
constitutional reference in the case under consi- | ]
deration. Hence a movement towards this re- 1
feronce could never be admitted as leading to i
war or commotion, except in those countries ;
where an armed and corrupt minority had tis- i
: urped the government, and would of course be- <
hold with abhorrence an arbitrament of a ma- l
jjorify.” j
At the session of ’9B-.'99, the Assembly afler
they had passed the resolutions, adopted an Ad - ;
dress lo the People, explaining and justifying the
course they had pursued in relation to the Ali-l!
en and Sedition Acts. This Address passed the
House of Delegates by a majority of 22, and
the Senate by eleven Ayes to five Noes, and is
Hto bo found published in the papers of that pe-t|
Iriod. The Address is too long to be inserted,jj
and many parts of it aro employed in discus
sino- the Alien and Sedition Laws, and do not ,
.bear on the immediate objects of the present en
quiry. There are some passages of it, how
ever, which 1 shall insert. Both these, and the (
rest of the Address, shew, that the Legislatme:
had no view but to justify an attempted appeal
j(to the other States, and through the j»o\ver(«l
agenev of public opinion to produce, a of
.the laws complained of. So far from contem-|
platin? a resort to violence, or revolutionary
measures, the object of tl»c Legislature was toJ
guard against a stale of things, which would be:
1 calculated to produce them. The following pas- •
sages are taken from the Address, which will
beTinserted, and further comment on it is deem
ed unnecessary:
“ Unwilling*to shrink from our representative
responsibility, conscious of the*pirrity Ofourmo
' lives, but acknowledging your right to supervise,
our conduct, we invite your serious attention so (
tlie emergency which dictated tlic subjoined ie-j
1 solutions. Whilst we disdain to'alarm you by!
j ill-founded jealousies, we recommend an invcsti-j
■ gation. guided by the coolness of wisdom, and a|
1 1 decision bottomed on firmness, but tempered NMtlij
moderation. It would bo perfidious m those en
trusted with the guardianship of the State sov-|
,f ereignty, and acting under the solemn obliga-,
;! tion of the follow ing oath : ‘1 do swear that 1
>' will support the Constitution of the I . Slates,j
|! not to warn you of encroach nients, which, tho \
clothed with t h<* pretext of necessity, or disguised;
bv argumen's of expediency, may - yet establish |
precedents, which may ultimately devote aj
1 generous and unsuspicious people to all the con-1
sequences of usm*|>ed power. Encroachments,^
: springing from a government, whose organiza-j
tion cannot he maintained without the co-opcia--
lion of the States, furnish the strongest excite-1
ments upon the State Legislatures to watchtul-j
ness, and imposes upon them the strongest ohli-j
gation, to preserve unimpaired the line of parti-j
tion. The acquiescence of the States under iu-|
fractions of the federal compact, would cither
beget a sjiecdy consolidation, by precipitating!
tlie State (Governments into impotency and con-;
tempt, or prepare the way for a revolution, by a
repetition of these infractions until the jicoplc;
are roused to appear in the majesty of their j
strength. It is to avoid these calamities, that 1
we exhibit to the people tlie momentous ques- 1
tion, whether the Constitution of the I . Stales;
!shall yield to a construction, which defies every
I restraint, and overwhelms tho best hopes of re
; publicanism.'’
It has been already stated, that the proceed
jings of our Legislature took place at a time of
great political excitement. The documents rc
-1 (erred to, shew that the Alien and Sedition Laws
1 wore not die only causes which produced this
I.stale of excitement. Tho country was divided
| into two great parties, and their conflicts were
carried on, with a degree of ardor, which was
calculated to call into action, the strongest feel
ings of the human heart. Tho Republican Par
ty, which just then had obtained, after a violent
struggle, the ascendency in the’Legislature,
were deeply impressed with a conviction, that
the Constitution, and the liberties of the coun
try were in imminent hazard from the proceed
ings of the ( General Government. They con
sidered that personal security, and the liberty of
the press were directly struck at, by the Alien
and Sedition Acts. Unfortunately, too, the lone
of the Federal Executive, instead of being cal
culated to allay the violence of party spirit, was
eminently calculated to inflame it. It was, in
deed, a gloomy period for our country, and the
wisest and firmest minds could not but entertain
fearful presages as to tho issue of the crisis.
From the expiration of the session of’99—lßoo,
to the commencement of that which followed; it,
in December, 1800, the events which took place
were not calculated to restore the public feel
ing to tranquillity, but on the contrary, to exas
perate it. During the interval between the two
sessions, the Alien and Sedition Laws were rig
idly executed, in some parts of the country. Mr.
Lyon, a member of Congress from Vermont,
bud been convicted, fined, and imprisoned under
this law. Mr. Cooper, a distinguished literary
man, had shared the same fate. He had suffer
ed his imprisonment under the act, and paid his
fine. And finally James Thompson Callender,
an inhabitant of this State, had been fined, and
imprisoned, and was actually in confinement in
Richmond, when the Assembly met in Decem
ber in 1800; and so continued, until pardoned
by Mr. Jefferson after he came into office. The
incidents of this last trial had been such, as were
calculated to make the Sedition Law more odi
ous to the People. Rut, under all these circum
stances, the law was enforced, without the
slightest resistance or tumult, by the agency of
the ordinary officers of the Courts; and this too,
in a community, a great majority of whom most
conscentiously believed that the law under which
the sentence was inflicted, violated, and that,
palpably, and flagrantly too, the provisions of
the Constitution. When the Assembly met in
December, 1800, Governor Monroe, who was
elected by the very body which adopted Mr.
Madison’s report, in which, it is well known, he
most cordially concurred, addressed in his mes
sage, the following remarks to the Legislature :
“ As soon as the requisite number of copies of
the Report of the Select Committee of the last
session, on the answers of several of the States
to the Resolutions of the General Assembly,
which passed at the preceding session, relative to
the Alien and Sedition Laws of the U- States,
and the instructions to the Senators of this State
to the Congress of the United States, were print- j
ed, the Executive hastened to distribute them a-!
mong the several counties of the Commonwealth, 1
in compliance with the Resolution of the 20th of
January lust. It is believed, that no public docu-j
ments illustrative of public transactions, how-1
ever interesting, were ever more generally read
or thoroughly approved, than those were; nor
can it be doubtedj that the light which they
communicated on the very important subject to
which they referred, tended to increase in a high
degree, the confidence of the good people of this!
Commonwealth, in the wisdom and policy which]
governed the General Assembly. In connection
with that subject, it is proper to add, that since!
your last session, the Sedition Law, one of the
Acts complained of, has been carried into effect
in this Commonwealth by the decision of a Fede-r
ral Court. 1 notice this event, not with a view
of censuring or criticising it. The transaction
has gone to the world, and the impartial will
judge of it as it deserves. I notice it (or the pur
pose of remarking, that the decision was execu
ted with the same order and tranquil submission
on the part of the people, as could have been
shewn by them on a similar occasion, to any the
most necessary, constitutional and popular acts
of the Government. The constituted authori
ties and the good people of this Commonwealth
arc attached to the Union, and cherish it with <
their fondest wishes. The colonization of their i
ancestors in this Western world, was generally ■ 1
from the same country, at the same time, and <
produced by the same cause. They alike '
groaned under an oppression which repressed i
their growth and chocked their prosperity;—
thej fought and bled in the same battles, in dc- !
; fence ol the same rights, and have since expert- I
enced, with unexampled harmony andimanimi
!, v n va rietv of interesting occurrences which
them, they **ll are and ought to reman j
: foreter vnittd. The General Assembly, and
ft he < T ood people oflhis Commonwealth, ba\euc-
Liitu d themselves to their own consciences, and)
'to their brethren in America, in supper o a ,
cause which they deem a national one, by Uk,
stand which they made, and the sent intents thc>
expressed of those acts of the General Gove, n
i ment; but they have looked for a change * a that
respect, to a ihawe in tuc rrw.it opinion,
which ought to be free, not to mkasiub* ofuo
lknCk, discord AND disunion, w hich Tina
'"rUc language used by Mr. Monroe, was
worthy of a wise and patriotic chief magistrate.
ii There can be no doubt be participated in the
i siren" sense of the unconstitutional tty and ty
rannical characters of the acts of Congress.
Rut he was attached to the Union and the
iConstitution of his country; and instead of cn
ildeavorimr to inflame, he endeavored to calm, the
public indignation, and to confine the efforts of
the Legislature to peaceful and constitutional
means of redress. The Legislature evinced the
I'same feelings, and instead ol rushing into mea
sures of resistance and revolution, they adopted ,
'' resolutions in the same spirit which had marked
-nil their precious proceedings.
In January, 1801, they adopted another pre
j amble and resolutions, in which they express
| their “decided approbation” of the resolutions ol j
; ’9B-’99, and the report of’99-1800, “repeating
! their solemn protestation" against the sedition
i a ot —a report which had their decided approba
' tion, “not only because of tlie perspicuity, and |
irresistible force of the argument which it con-.
| tains, but because a disposition to promote mutual
respect, confidence and affection among the mem -,
I hers of the Union, is uniformly preserved.'' They!
j refer also to the enforcement of the sedition law, 1
as realizing all their apprehensions —and they!
; accordingly instruct their Senators, iSpc. ‘do a- :
] vail themselves of every opportunity to obtain a
repeal of the said aei \f Congress, and to oppose
! any Jaw or resolution containing a recognition
| of said doctrine,” (viz. that the common law is
I the law of the U. S.)
1 have now finished my review of the differ-■
■ ent acts and proceedings which look place in the \
; Legislative and other departments of the Govern- j
! ment of Virginia, in a most trying crisis of our
| affairs. It will hardly be pretended, that our
present situation admits of any comparison with;
that which I have pourt rayed. The wisdom and]
moderation then displayed, received their host;
and highest reward. The obnoxious and un- 1
constitutional measures of the government were i
abandoned, peace and tranquillity were restored, i
and the opinions of the General Assembly, which
had been treated with so much disrespect by
many of the States, became the prevailing doc
trines of tho country. That the same wise
course of forbearance and temperate counsels,
will produce the same results, I cannot, hesitate;
to hope for and believe. AGRICOLA.
rmOAY, OCTOISISK 12, I 532.
FOR PRESIDENT.
ANDREW JACKSON.
VICE-PRESIDENT,
MARTIN VAN lIUKEN.
STATE LEGISLATURE.
Baldwin, Boykin—Calhoun, Murray,
Bibb, Eckley—Holt, Groce.
Bryan , Starr—Bacon.
• Bulloch, Cone—Rawls.
Burke, Harlow—Tutle, Roberts, Grubs.
' Nutts, Cargill—Mays, Stark.
Cain deft. Brown—Ward, Hull.
Campbell , Cochran—Sheets, Hinton.
' Carroll, Beall—Rodgers, Walker.
■ • Chatham, Barnard—Wayne, Flournoy, Harrison.
Cherokee, Scudder—Malone.
r Clark, Mitchell —Hull, .Virotid, Graves. ;
Columbia, Avery—Crawford, Hamilton, White.
Coweta, Echols —Smith, Wood.
Crawford, Blackstone —Sims, King.
DeKalb, Cleveland—Aiken, Anderson, Mays.
IS arty, S'liutli—\V r i 1 son.
FJfiagham, Waldhour— Black.
Elbert, Oliver—Allen, Blackwell, Harris.
Emanuel, Shephard—Moore.
Fayette, Burch—Sellers, Edmonson.
Franklin, Freeman —Mitchell, Ash, Stanford.
Glynn, King—Dart, Davis.
Greene, Stocks—King, Cone, Rea.
Gwinnett, Green—Gholson.tEzzard, Martin,Hutchins.
Habersham, Wofford—Stillman, Chastain, Shelton.
Hall, Diumagan—Byrd, Buffington, Wood, Bales.
Hancock, Baxter —Lewis, Haynes, Vinson.
Harris, MeDougald—Lowe, Dennard.
Henry, Sellers—Johnson, Smith, Varner.
Houston, Cobb —Wiggins, Morgan, Engrain.
Jackson, Singleton, Liddell, Bums, Bowen.
Jasper, Shorter —Burney, Robertson, Hardman.
Jefferson, Stapleton—Barr, Hudson.
Jones, Gordon—Phillips, Day, Cox.
Laurens, Kellam—Warren, Blackshear.
Lee, Posey—Howard.
Liberty, Hines—Harden, Herrington.
Lincoln, Henley—Curry, Lockhart.
Madison, Groves—Long, Strickland.
Marion, Temples—Williams. j
Mclntosh, Wood—King, Young.
Meriwether, Ragan—Dr. Ector, Towls.
Monroe, Chappell—Redding, Rutherford, Thweatf, 1
and a tic between Gibson and Cowles.
Morgan, Nesbit—Floyd, Sparks, Johnson.
Muscogee, Lucas—Thornton, Spivey.
Newton, Baker—Neal, Bates, Williamson.
Oglethorpe, Collier—Young, Hubbard, Hardeman, j
Pike ;'Prior —Harris, Blackburn.
Putnam, Hudson—Turner, Meriwether, Nicholson.
Knbun, Farris—Moseley, Kelly. I
Randolph, Henderson—Rivers, • !
Richmond, Mealing—Glascock, Davies, Rhodes.
,i Striven, Bryan—Kittles, McCall.
Stewart, Williams, Jemighan. j
Sumter, Smith—Cowart.
Talbott Townes—Burks, Pace. j '
Taliaferro, Gresham—Thompson, Jones. | t
Tattnall —Surrency—Sharp. j |
Troup, West—Haralson, McCoy. j .
Twiggs, Smith—Solomon, Shine.
Upson, Turner—Stamper, Fie well in. j 1
Walton, Echols—Lucas, Pitman, Easley.
Warren, Muncrief—Ryan, Jones, Wilson.
Washington, Tennille—Saffofd, Curry, Rutherford. ! ,
Wayne, Sheffield—Robson.
Wilkes, Willis—Brown, Thurmond, Irvin.
Wilkinson, Hall—Hatcher, Exum.
CONVENTION.
Baldwin, Torrance, Rockwell.
Ribb, Beall, Collins. j
Burke, Lewis, Taylor, Hughes. |
Columbia, Ramsay, Collins, Cartlidge.
Greene, Matthews, Dawson, Greer.
Gwinnett, Park, Maltbie, Holt, McMillan. j
Jasper, Alfred Cuthbcrt, Dr. Reese, Mat. Phillips,
Mclntosh Spalding, Troup. •
Muscogee, Lawhon, Clifton.
Oglethorpe, Gilmer, Billups, Moore,
Richmond, Forsyth, Cuniming, King.
Scrivcn, Jones, Wade.
Warren, Lockhart, Gibson, Lazenby.
CONG HESS,
Aggregate returns from 68 counties, viz ; Richmond,
Columbia, Baldwin, Warren, Hancock, Lincoln, Burke, i
Scrivcn, Putnam, Washington, Bibb, Wilkes, Jefferson,
Houston, Jones, W ilkinson, Chatham, Effingham, Lib-1
ertv, Bryan, Mclntosh, Jasper, Twiggs, Clark, Madison, I
Oglethorpe, Jackson, Morgan, Hall, Franklin, Gwin
nett, DeKalb, L pson, Greene, Newton, Elbert, Laurens,
Bulloch, Muscogee, Talbot, Monroe, Tattnall, Harris, ,
I ii».e, .Sumter, ( rawford, Steward, Marion, Troup, |
But-, Campbell Dooly, Emanuel. Taliaferro, Pulaski,' ,
and Wayne*
wayne,
WII.DE,
(ULMER,
CLAYTON, ot’aM
foster,
amble,
JONES, -’>•’■
iiaynks, 1
SCHLEY, 21,845
coffee,
owens,
TERRELL,
WATSON, 19,8 jo
BRANHAM,
STEWART, 18,806
HARRIS, 18,290
LAMAR, LV.66
NEWNAN, Lb l '*
MILTON. s >°°s
Twelve Counties to be heard from.
CJIEROKEK COUNTY.
1 The following arc the returns of the election held ■»
that county : we publish them to gratify public cunost.y.
Fur State Senate —Scudder, 237, elected; MVoun
ell, 188. ...
j Representative*- Malone, 229, elected; Hemphill,
177, and Hammonds. 34.
Far Congress —Milten, 2; Lamar, 49 ; New nan, 49 ;
■| Watson, 186; Stewart, 178; Schley, 192; Owens, 178;
| Terrell, 192; Harris, 194; Coffee, 194; Wilde, lot;
i Wayne, 410; Haynea, 227 ; Gamble, 246; Jones, 237;
! Gilmer, 247; Foster, 269; Clayton, 233 ; Branham,
| 944.
{ MEDICAL COLLEGE.
| On Monday next, according to public notice, the Med
■ ical Collage w ill begin its operations, with flattering pros
i pccts. A respectable number of students will attend
j tho lectures. Dr. P. F. Eve is to deliver an address, in
! which, we learn, he intends to dwell upon the benefits
i which may result to this city, by the establishment of
this institution, and upon the condition of the medical
science in ibis country at the present lime. His address
will embrace other interesting subjects connected with
j that science. As his address is intended tor the public
in general, it cannot be expected that be will outer into
minute details : he will be able, to speak only in general
1 terms, of the sciences intended to lit' taught in the col
-1 lege. Tlie known talents of Dr. Eve insure gratification
. lo ihc ladies and gentlemen who will attend.
THE PROTECTIVE SYSTEM.
i Wc have always maintained, that the doctrines advo
i rated by the friends of the “ American System,” were
1 highly dangerous, and that if they were incorporated in
! to the political system of this country, the general govern
i meat would absorb all the powers retained by the states,
and in time destroy the rights and sovereignty ol the
■ several republics comprising this Union. A law for the
; protection of manufactures, is considered by us as cma-
I ualing from those doctrines so highly dangerous to the
; peace and safety of the country, and so eminently calcu
lated to destroy the integrity of tlie federal constitution.
Wc admit, however, that there are incidental or implied
powers, which, of absolute necessity, must he assumed,
j in order to carry into effect those expressed powers.
The power to coin money, necessarily includes the
i power (0 regulate its value and to establish a mint. The
' power to lay and collect taxes, or duties, necessarily in
j eludes tlie power lo appoint collectors. The power to
provide, and maintain a navy, necessarily includes the
power to build vessels of war. Such incidental powers
are absolutely necessary to carry into effect the general
powers expressed in the constitution, and are naturally
derivable from those general and express powers. But
such powers cease to he incidental, when they are not
necessary to carry into effect general and express
powers; when they have no connexion with the general
powers from which in is pretended they are implied.
The Congress has the power to establish post roads and
[iost offices. This is a general power. Can tlie power
to construct canals be incidental to that general power?
What have canals to do with post offices and post roads?
The Congress has power to lay and collect taxes, duties,
&-0. This is a general power. What has a bank, which
lends money at interest, to do with the laying and col
lecting of taxes ? The Congress has the power to regu
late commerce with foreign nations. This is a general
power. According to the doctrines of the friends of
(he “American System,” the power to protect the manu
factures of the country, is incidental to that general pow
er. What has to do the regulation of trade between the
United States and foreign nations, with the encourage
ment and protection of the domestic manufacture of
broad cloth, cotton shirting, shoes, boots, and hats 7 The
spirit and letter of the constitution, and the motive which
led to the grant of the power to regulate Commerce
with foreign nations, do not accord with the doctrines
of the restrictionists, and do not warrant the assumption
of the power to protect manufactures, as incidental to
the general power to regulate commerce with foreign
nations.
Before the adoption of the federal constitution, the
states had, respectively, the power to lay duties on im
ports. This power, exercised by the states to the full
extent in their sovereign capacity, would have produced
collisions between them ; and disunion and w-ars would
have been the inevitable results. The various interests
of the states ; their opposite pursuits ; and the different
productions of their soil ; would have been the causes of
the adoption of clashing commercial regulations with fo
reign nations, and with each other. To prevent the ef
fects which would have been produced by retaining the
several attributes of the power in question, the power
only to regulate corrtmefce with foreign nations and a
mong themselves, was granted to the federal govern
ment, to be exercised for the benefit of the whole Union,
without the power to discriminate between the several
sections of that Union. That this was the motive which
led to this grant of power, cannot be denied. If the
power had not been granted to tlie federal government,
each state would have had the entire regulation of its
own commerce. What w r ould have been the conse
quences ? British vessels and manufactures Would have
been admitted into the ports of one state, while prohibit
ed ffotn entering"the ports of another state. The impor
tation of French merchandize xvould have been admitted
into one state,while interdicted in another. From this clash
ing of commercial regulations, a chaos of difficulties
would have arisen between the states, and disunion
would have been the certain issue of the differences.
The power to regulate commerce with foreign nations, I
as it has been exercised by the federal government, nn.
til the adoption of the protective tariff of 1824, gave
uniformity to the regulations, and excluded discrimina
tions between the different sections of the country.
It is contended by the friends of the “ American
System,” that the protection of manufactures by high
duties, is constitutional. The federal government pos
sess the power to lay and collect taxes, duties, imposts, i
and excises. But can that power be exercised for any:
other purpose than revenue ? In speaking of this pow
er, Mr. Hamilton, in the Federalist, says, “ a nation
cannot long exist without revenue. Destitute of this
essential support, it must resign its independence, and
sink into the degraded condition of a province. Reve
nue, therefore, must be had at all events. In this coun
try, if the principal part he not drawn from commerce,
it must fall with oppressive weight upon land.” This
language cannot be mistaken. Mr. Hamilton, Mr. Ma-|
dtson, and Mr. Jay, considered, when they wrote the
lederalist, the power to lay and collect taxes, duties, I
&.C. as a power exclusively granted to raise a revenue.!
In their defence of that power, they did not bring the I
support of manufactures as a power to be implied from
it. J ney confined themselves to the raising ot a revc-'
nue as well by indirect as by direct taxation ? “ .Sup-j
pose, as has been contended for, the federal power of!
taxation were to be confined to duties on imports ; it is j
!evident th£t the government, for want of being ablets
command other resources, would frequently b e tcnrptej
to extend these i/lrrties to an injurious excess. There
arc persons whd imagine that this can never be the
case ; since the higW they are, the more it is alleged
they will tend to discourage an extravagant consun,,,
tion, to produce a favorable balance of trade, nndto pro
! mote domestic manufactures. But all extremes aro
pernicious in various ways. Exorbitant duties on mi.
i ported articles, serve to beget a general spirit of srnu K .
| gling; which is always prejudicial to tho fair trader, a n ,|
I 1 eventually to tho revenue itself.” It is clear that ;\| r
Hamilton, in speaking thus of the power to lay nnd col
i lect taxes and duties, had exclusively in view revenue
, ami not the protection of manufactures. Other per
i sons, he says, were of the opinion that exorbitant ,| u .
iities would promote manufactures. But how proinoto
| domestic manufactures ? Certainly by the operation,
lof the laws for raising a revenue. It has happened in
; ibis country, that tho duties laid purposely lor revenue,
! have had the effect at tho same time of promoting the
| establishment of domestic manufactures. But this pro.
I motion Was effected by an indirect operation of the law
j laying duties on imports. It is to be observed, that a ||
| well administered government have endeavoured, indie
I making of laws, to construct them in such manner, ih al
they would produce Hot Only the effect Intended, but a
collateral bonelll 10 some tuber objects. Thus, a ta x
| for revenue on spirituous liquors, would answer not on.
, I ly the purpose intended, but would have the collateral
effect of enhancing the price of the articles, ami of <|{
; punishing the consumption of them; while a tax 0)1
. some necessaries of lilc, when a tax oil spirits can be
; laid, w ould be unwise, impolitic, nnd highly oppressive
; to the people.
It is contended by the supporters of monopolies, d, 9 i
the power to protect manufactures by high duties, j g p
vidont from the sanction given by tho people, and th«
states, for forty.lbrco years, to tho nssuttlption of that
" power by the federal government. Tho doctrine to b n
‘ inferred from this position, is indeed extraordinary, and
' docs not correspond wilh the spirit of the federal nnd
1 j states constitutions. Such a doctrine, were it to
* j vail in this country, would make of tho federal govern.
* | mont, a government of precedents, and not a govern.
M moot the powers of which arc derived from writtennml
clearly expressed constantions and laws. Custom does
‘j not become a law here as in England; and if it worn
' | (he fact, that the people and the states did sanction (lip
’' assumption and (ho exercise of tlie power to protect
' manufactures, without that power being expressly gram.
* cd to the federal government, that people and those
1 states have done that which was a violation of the fede
ral compact, and which virtually dissolved the bonds
which united them togeiher as a eonfedorated republic.
I But the people and the states never did sanction the
power in question ; nnd tho federal government never
did assume it in an exclusive manner, and as a positive
grant. In tho debates of the convention which framed
i the constitution ; in the Federalist ; and in the essays
and pamphlets that have been written for and against
that constitution, nnd that we have had an opportunity
of reading, not the least intimation is made, that, with
the powers to regulate commerce and to lay taxes ami
duties, the power is also given, to protect domestic man
ufactures, to he separately and distinctly exercised.
Especially in the debates of the convention and in (he
1 Federalist, the two general powers are slated to bo
granted exclusively for the purposes of uniformity in the
commercial regulations and intercourse with foreignna
lions, and of revenue. We admit that the power toby
taxes and duties, which was one of those most obnoxi
ous to the opponents of the constitution, was defended
on the ground that it would have the effect of protect,
ing domestic manufactures. But in taking eticli a
ground, the advocates of the new constitution, did clear
ly and unequivocally state, that the power to lay taxes
and duties on imports, was granted in order to enable the
government to raise a revenue.
The power to regulate commerce with foreign nations,
and between the states, was granted, because, says the
Federalist, “Tho defect of power in the existing con
federacy, to regulate commerce between its several
members, is in the number of those which have hem
clearly pointed out by experience. Were the state* at
liberty to regulate the trade between state and stale, it
must be foreseen, that ways would be found out, to load
the articles of import and export, during the passage
through their jurisdiction, with duties which would fall
on the makers of the latter, nnd the consumers of (he
former.” The power to lay and collect taxes and other
duties, was also granted to the federal government, be
cause the confederacy was in pressing want of mousy,
and of a certain annual revenue, to pay the expenses ot
government and the public debt. That this power was
granted for revenue only, lias been already shown; am!
in the Federalist, Mr. Hamilton gives it to be undcrstood r
that it was to be exercised for no other purpose; be
cause in defending that power, be alludes to the authori
ty it grants of laying and collecting an internal tax, as
well ns duties on foreign imports. The opponents
the constitution were of the opinion that the power <q
taxation should not have extended to a direct lax. Mr-
Hamilton defends the power of direct and indirect taxa
tion* as necessary and proper, and contends that the ne
cessities of the government may require the help of a
direct tax so carry art its operations. lie says, “ that tho
extent of revenue drawn from foreign commerce, mmu
vary with the Variations, both in the extent and the kind
of imports.” Mr. Hamilton, then, required the power
for the government, so lay and collect taxes and duties,
either on imports, or ort land, houses, &c. in order to en
able that government to raise a sufficient revenue 1°
meet all its wants. If from the power to lay duties on
imports, the power so protect manufactures can be im
plied, certainly the same power should be implied from
the power to lay and collect an internal (ax. And how
can the power to protect manufactures, be incidental < n
the power to lay a tax on land, houses, and distilleries’
P. P. BARBOUR.
The following is the reply of Mr. Barbour, to a letter
addressed to him, in conformity to a resolution adopted
at a political meeting held at Shocco Springs, North-f'*-
rolina, on the 25th August, by the committee appointed
to correspond with Messrs. Barbour and Van Burcn.
Frkscati, September 9, 1832.
Gentlemen :—l have received your letter of
the 25th nit. enclosing certain resolutions a
dopted at a political meeting, held on that day,
at Shocco Springs, Warren County, North-
Carolina.
In conformity to one of those resolutions, yon
ask me to state my sentiments in relation to the
Protective System, Internal Improvement, the
Bank of the United States and Nullification.
Whilst I should be altogether unwilling to ob
trude my opinions in regard to political na
tions upon the public, I am equally loth to
withhold them, when thus publicly and explicit
ly called upon to express them. I therefore
without hesitancy proceed to answer the inqui
ries. I understand the committee to ask "hat
my opinions are, not by what process of reason
ing 1 have been led to adopt them.
First, then, as to the protective System, b>
which I moan the laying of imposts, not to raise
revenue, for the sake of revenue, but to sup
port domestic manufactures against foreign com
petition. I am decidedly, and utterly opposed
to the whole system, upon the various ground--
of its being in violation of the ‘ spirit of the Con
stitution,'' and being unjust, unequal, and oppres
sive in its operation. I enclose two speeches
delivered by me on this subject, in the House
of Representatives ; the first in 1820, and the
other in 1824, in which you will see my vie" -
at length, on all these grounds.
Next in order is the subject of Internal Im
provement. I consider that whole system
when attempted to be executed by Congress
whether in the form of construction, or appro
priation byway oj subscription, to icltaf is to C