Слике страница
PDF
ePub

to advantage, and a great portion of it is first rate. supplies will be short from every quarter, and the still The greatest objection that exists to the country, is increasing consumption of this article, has induced the extraordinary number of ponds that abound great speculation. The trade buy freely at present through all the rich lands. Many of them are said prices, and our market has every appearance of conto furnish plenty of good fish, and are supposed to be tinuing high. Uplands have advanced this week 1ed by subterraneous streams. From these ponds about 2d. Egyptian and Brazils about 3d. We sin1 un as fine rivulets of pure spring water as are seen cerely hope you may have been induced to hip. Such in any section of our country. From this circum- a year may not occur again in a century. Tobacco stance, it is the general opinion that they will not be continues at steady prices. The sales last week likely to generate those fevers, usually to be appre-amount to about 400 hhds. Good sound Virginia is hended from stagnant waters. There is every reason to believe that the sugar cane and sea island cotton will succeed in that country. Should the country prove to be healthy, it is represented to be one of the most eligible regions of the United States.

[Nat. Journal.

STATISTICS. Recent calculations give the following as the amount of the population, and of the extent of territory, of the five principal monarchies of Europe.

Russia, in Europe,

out of Europe,

England, in Europe,

out of Europe

Square miles.
75,154
292,339

5,554
176,971

Trance, in Europe,

out of Europe,

Austria, Prussia,

10,086 667 12,265 5,014 578,044

Total

most sought after; turpentine is steady in price. Our expectation that the duties will be lowered, prevents the trade from buying more than their immediate wants require.

Flour goes off slowly at our quotations. Some shipments of Philadelphia flour have been made to Gibraltar. We shall soon know whether any alteration will be made in our corn laws. It is a question of great importance to the United States, and we shall keep you regularly advised on the subject.

Sea Island, 2s. 8d. a 3s. 6d.; Orleans, 17 a 21d.; Inhabitants. Uplands, 164 a 19d.; Alabama, 164 a 181d.; flour, 47,660,000 24s. a 26s.; turpentine, 11s. 6d. a 13s. 6d.

11,714,000 April 20. The oldest merchants in Liverpool do 21,400,000 not recollect a period when the spirit of speculation 115,141,000 was so active in the cotton market as it has been in 30,749,000 ours since Friday last. A kind of mania seems to 469,000 have seized individuals of almost every class of socie29,691,000 ty, all hoping to become suddenly rich by successful 11,400,000 speculations in cotton. Prices have, in consequence of this speculative demand, rapidly advanced within the 268,224,000 last five days, and there is, in the opinion of the specSupposing the earth's surface to be 2,512,000 squareulators, every promise of a still further advance. miles, and its inhabitants to amount to 938 millions, The state of the winds have no little influence on then these five monarchies occupy nearly a fourth part of the surface, and rule over two sevenths of the human race. Europe having 155,320 square miles, and a population of 206,780,000 inhabitants, the five powers possess more than two thirds of its territory and of its population.

The empire of China, however, is more extensive, and more densely peopled, than all Europe. The Spanish monarchy, before its dissolution, reckoned 30 millions of people Des Debats.

ATLANTIC AND PACIFIC. An application has been nade to the Colombian government for the right to connect the Atlantic and Pacific oceans, which is thus spoken of in the official paper:

Erclusive privilege. Welwood Hislop, merchant, of Jamaica, solicits the exclusive privilege for uniting the Atlantic and Pacific oceans, in that part which he may deem most expedient, whether in the isthmus of Darien, or any other part; either by means of a canal or a rail-way, on the following conditions:

1st. That the benefit of this privilege shall be grant

ed him for twenty-one years.

prices; for, whilst a puff from the eastward is enough to rise cotton a half penny per pound, a breeze from the westward would, it is probable, sink it a penny. So precarious is speculation! Not fewer than 84,000 bags of cotton have, it is ascertained, changed hands since Thursday last. It would be curious to describe the process by which 100 bags, by frequently changing hands, are swelled, as it were, into 1,000.

[The stock of cotton at Liverpool, on the 25th of March, was supposed to be 43,000 bales American, and 11,000 East Indian.] 9,000 Brazillian, 3,300 West Indian, 14,000 Egyptian

January, the price of boweds was 9d. to 104d.; the A Liverpool paper observes-At the beginning of In the beginning of February, the price of the same quantity of cotton sold that month was 26,000 bags. was 93d. to 114d.; the quantity sold was 110,000 bags. In the beginning of March, the price was 114d to 14d; the quantity sold 123,000 bags. At the beginning of this month, [April] the price of boweds was 14d to 17d; entire quantity sold thus far in the month is 208,000 and the price of yesterday was 14 d. to 191d. The the sale of the last week alone: thus, since January, bags, of which, as we said before, 101,000 bags are the price has doubled. On the first perception of the state of the stock, several houses made efforts to convey their orders the speediest to America to purorders the first to the several markets of America, chase; and those who succeeded in conveying their have made speculations enormously profitable. Sums of probable gain, in this way are currently named, which almost pass belief. Half a million of money is loosely stated as the probable gain to the merchants The foregoing is, therefore, made known by order of Liverpool by the rise of this one article of merf the executive power, before whom this proposi-chandise, within the last four months. In consetion has been laid, in order that such persons as may hoose to offer better terms, may do so within twenty

2d. That he be allowed to levy a duty on all deseriptions of goods transported by the said canal or rail-way; for the conveyance whereof, he is to be permitted to have the necessary boats, cutters or

carts.

Sd. That he be allowed one year to commence the undertaking.

4th. The applicant offers, in case his proposal be granted, to transport, free of expense, from one ocean to the other, all property belonging to the state.

ays.

Gaceta de Colombia.

BRITISH MARKET. Liverpool, April 23-We have to vise the most extensive sales of cotton this week E* are on record-amounting to 101,000 bags, worth about two millions of pounds. The belief that our

quence of the advanced price of the raw material, the manufacturers are bethinking themselves of curtailing their operations.

THE NEW REPUBLIC. The London Morning Chronicle of the 14th April, gives the following warning to the new American states:

"In the article, from the Paris Etoile, commenting | tain proprietors of St. Domingo, either for the restion the address from the merchants of Paris to the tution of the produce of their estates, sequestered by king, it is said, 'the message of M. Santander, speaks the English government during the occupation of the of the arrival of some Frenchmen, whose object west part of the island by the force of his Britannic seems to be to visit Colombia, and examine the state majesty, from the end of 1793 to August 1808, or for of affairs, which indicates that our government has the reimbursement of the value of slaves belonging its eyes open to all that part of the continent. to them, and demanded during the same time to be "We trust that the South American governments enrolled as a corps of black troops in the service of have also their eyes open to those Frenchmen who England. M. Martin, chief of the office of liquidachoose to visit them. tion at London, is authorized by the instructions of "The individuals, sent by the French government the English treasury, to examine and give an account to South America, are first named to king Ferdinand, of the claims of the proprietors in St. Domingo, for and permission is asked from him for their residence value received on money from sequestrated estates, in his dominions in South America. This permission or for property which was made use of by the Enis granted in Madrid, with all the old formalities,glish authorities during the occupation of that island, among which is a reference to the council of the with the following restrictions:West Indies, whose sanction is also requisite. The last French commissioner, as agent to Colombia, had his permission registered in the archives of the council of the Indies at Madrid. This we can state positively, on the authority of an English gentleman of high respectability, who was in Madrid six months ago, and who speaks from his own knowledge.

"Under these circumstances, the French agents can be looked on in no other light than double spies of Ferdinand and their own government. The governments of South America may have nothing to dread from spies, but it is well that the people of these countries should be taught to view every Frenchman with suspicion during the continuance of the present connection between France and Spain. It is the more necessary to advert to this, because the individuals sent by the South American governments to Europe are seldom proof against the cajolery of the French. At least, this is the opinion of those persons in this country who are best acquainted with South American affairs."

MEXICO. The Mexican secretary at war states, that the estimate for the military service for the year, amounts to $16,011,000, and provides for 10,000 horses. The posts on the Indian frontiers are to be strengthened and encouraged, and the whole country is to retain the attitude of preparation to meet invasion. The army is composed of the following forces. Troops of the line.

Three companies of artillery

do.

halberdiers,

One
Two battalions and four companies of light
infantry,

Fourteen regiments of cavalry, including that
of St. Ferdinand

Twenty-four companies for garrison,

[ocr errors]

"No claim will be admitted for persons who reside in Europe at this time, after the 1st of July, 1825, and for persons who are now residing out of Europe, no claim will be admitted after the 1st April, 1826.

"The claims for slaves will not be admitted, unless they are accompanied with regular certificates of enrolment preceding the 4th March, 1797, delivered in favor of the ancient proprietors of the plantations, &c. from which the negroes were taken, or of their successors or agents, duly empowered by these proprietors.

"The rent of houses occupied by the public funetionaries, claimed by virtue of the proclamations of sir A. Williamson, which had not hitherto been admitted, on account of the absence of the proprietors in France, will be granted for a period, which can in no case exceed two years."

FRENCH LITERATURE. Libraries in Paris. 1. The royal library has 70,000 printed vols. and 70,000 manuscripts.

2. The library of Monsieur, 150,000 printed volumes, and 5,000 manuscripts.

3. Library of St. Genevieve, 110,000 printed volumes, and 2,000 manuscripts.

4. The Mazarine library, 92,000 printed volumes, and 3,000 manuscripts.

5. Library of the city of Paris, 20,000 volumes. All these are open daily to the public.

Besides these, the king has five private libraries1,178 the library of the legislative council of state, (30,000 25 volumes), of the institute; of the invalids, (20,000 volumes), of the court of cessation, formerly the libra10,276 ry of the advocates and polytechnic school.

Under the minister of the royal household, are ten 7,826 libraries; of the interior, 22; of war, 12; of justice, 2,640 5; of foreign affairs, 1; of the marine, 6; of finance, 2. The chamber of peers and deputies, have each a li22,145 brary; that of the latter contains 30,000 volumes. There are, at Paris, 79 printing offices, and 616 1,152 bookstores.

Daily and other periodical publications.
Political journals,

Total

Active militia.

Twelve companies of artillery,

Seventeen battalions of infantry,

20,587

Eight regiments of cavalry,

8,504

14

Various light battalions and companies on the

Advertisers,

4

[blocks in formation]
[blocks in formation]

2,733

Scientific journals,

9

[blocks in formation]

Literary journals,

15

Law journals,

14

[blocks in formation]

Journals of arts and professions,

12

Military journals,

Force of the line

22,145

Journals for education,

2

[blocks in formation]

ENGLAND AND HAYTI. From the Paris Moniteur, April 2-The following is an official note relative to the instructions lately given, by the English government, to the commissioner appointed by it to examine COMMON SCHOOLS are a matter of great public conthe claims which have been or may be made by cer- Icern in New York, and the states further cast.

The.

secretary of state, of the state of New York, is charg-ditures for the same period, to $47,599 13. There ed with the superintendence of them, and Mr. Yates' have been printed, during the year, 48,550 copies of bireport on the subject is among the most interesting bles and testaments, making an aggregate of 451,902 papers that we meet with-and shew at once the taients and integrity of the officer, and the munificence and eare of the state. The following are some of the particulars gathered from the last report

During the year 1824, the number of children taught in the common schools of New York, was 402,940, for the average period of nine months.

There are in the state 7,642 school districts, and, of course, the same number of common schools. Three hundred and eleven new school districts were formed during the year 1824.

The sum paid to the teachers of the common schools during that year, out of public funds, was $182,741.

The general school fund, consisting of loans due the state, bonds, &c, bank stock, lands, &c. amounts to about $1,730,000; and the local school fund to about $37,000. The general school fund is productive in part only, as the lands remain principally un

gold.

The report of the New York (city) free school society, gives the following results-moneys received during the past year, $14,458 95; children taught, about 30,000 white, and 1,700 colored, in many different schools.

In addition to the funds applicable to the support of common schools, it appears, by the report of the comptroller of New York, in obedience to a resolution of the senate, that the sums of money and other appropriations to the several colleges and academies, have been' as follows. [The appropriations to the colleges, have been chiefly made by lotteries; and the amount yet to be raised, in such cases, is stated below.]

69,000

Columbia college, New York, $54,755, and
the botanic garden, purchased at $70,000 $124,755
College of physicians and surgeons, New
York, [amount to be raised, $33,588]
Union college, Schenectady, $374,000, and
ten lots in the military tract, containing
5,500 acres. [Amount to be raised $215,908] 374,000
Hamilton college, [amount to be raised
$35,566]

College of physicians and surgeons in the
western district

[blocks in formation]

106,800

15,000

5,000

bibles and testaments since the society was founded. Since the last report, there have been issued from the depository, 30,094 bibles, 38, 106 testaments, and 651 copies of the epistle of St. John, in the Mohawk and in the Delaware language, making a grand total, since the institution of the society, of 372,918, Of those issued during the last year, 19,623 copies were issued gratuitously. Forty-four new auxiliary societies have been added, during the year, making, in all, 451 recognized auxiliaries to the parent institution.

FOREIGN NEWS.

Great Britain and Ireland. A general respite for Mr. Savary, the Bristol merchant, who was to have been executed on the 20th April, for forgery, had been forwarded from the home department to the proper authorities at Bristol.

The table of the house of lords was covered with petitions from the clergy, against concessions to the Catholics.

A company, with a capital of 250,000 pounds sterling, has been got up to facilitate the supply of poultry for the London market and shipping!

The Catholic bill passed the house of commons on the 21st ult. by a majority of 27-509 members being present. The debate was a very able one. This vote settles the question as to the commons-but the lords and the lordly bishops have yet to pass on it. The cotton market remained firm at former prices, and the demand was steady.

Greece. A large number of French officers are in the army of the pacha of Egypt, acting against the Greeks and one, with the rank of general, has been taken prisoner at Modon.

There is reason to fear that there has been a considerable defection among some of the late leaders of the Greeks. Ulysses has gone over to the Turks, and is reported to have assisted in the taking of Corinth. The Turks are making the greatest efforts for the reduction of Greece, and it is apprehend they will be successful. Patras was yet held by the Turks.

"Right of Instruction."

April 19th, 1825. SIR: On presenting to you the enclosed essay on 2,970 "the right of instruction," for publication, if you 3,000 please, it is due to you, as well as to myself, to declare, 6,000 that I have no personal motive or party feeling in the 1,418 matter.

The discussion of the question is now proposed in order to obtain, if possible, an early and decisive ex4,000 pression of the public opinion upon the subject of it. 3,000 Because, it is supposed, that the present is a very suitable time for the purpose; and that, such an ex$715,543 pression of public opinion is essentially necessary to the domestic tranquility and happiness of the people of these states. Am I mistaken in the supposition? I think not.

Johnstown academy, lot No. 36, in Johnstown, half

an acre.

Cayuga academy, 275 acres in Scipio, and No.89, Cato.
Pompey acadeiny, lot No. 15, Camillus.
Cortland academy, lot No. 85, Homer.
Seneca academy, lot No 24, Ulysses.
Onondaga academy, lot No. 9, Lysander.
St. Lawrence academy, lot No. 56, Potsdam.
Lowville academy, 640 acres on St. Lawrence river

The "factious" exercise of this right, whether it be real or imaginary, or whether exercised by "partizans," in or out of the state legislatures, has, already, in several instances, which it is not now thought necessary to mention, threatened the existence of the union, and shaken it to its centre. It has driven from the councils of the nation, some of the wisest and best men in it, and has deeply periled the high repuTHE AMERICAN BIBLE SOCIETY celebrated its ninth tation and future usefulness of others. Are not these anniversary, at New-York, on the 12th instant. Ac-sufficient reasons why the "right" should be excording to the annual report then made, it appears amined; and, if found to be defective, as well as danthat the receipts of the last year, (exclusive of volun- gerous, that the insidious clamour, of which we have tary contributions towards the building of the socie- lately heard so much, should be silenced by the genety's house), amounted to $46,501 81; and the expen-Iral and audible expression of public opinion?

[blocks in formation]

"RIGHT OF INSTRUCTION." "Have the people the right to instruct their representatives in congress?"

It seems to me, that the answer to this question depends on the meaning of the word "instruct" by those who contend for the right.

Is it intended to mean, that the people have the right to communicate their thoughts and wishes upon any subject, of a public nature, to be voted upon by their representatives in congress, with a view to enlighten and convince their understandings, in regard to any particular or general interest connected therewith? If so, the right is indisputable. It is founded in reason and in the constitution; and is more or less acted upon, in every session of con

gress.

But if it is intended to mean, that the people have the right to control the votes and proceedings of their representatives, by arbitrary instructions, and thereby to compel them to act contrary to their own views and opinions, upon "any subject whatever," it is clear to me that no such right exists; and further, that this pretended right is contrary to the principles and provisions of the constitution, and contrary to the moral principles and feelings of the people, for whose exclusive benefit it is pretended it is set up!

It will not be necessary to my purpose to commence the inquiry, as to the origin or existence of this right, at an earlier period of our history than that of the formation of the old federal constitution. It was virtually, though not specifically, recognised by that instrument, in the power reserved to each state, to "recall its delegates, or any of them, within the year, (the time for which they were appointed), and to

send others in their stead for the remainder of the

year"-Art. 5. It is supposed, that this provision could only have been intended to remedy incapacity or disobedience of instructions. It is not doubted that instructions were given, or that "recall" would have been the consequence and punishment of disobedience. The right is, therefore, admitted upon this constitutional evidence of the "power" to enforce it. It may be said that the right, here spoken of, was in the state legislatures and not in the people. But it should be recollected, that it was as well understood then, as it is now, that all political power is derived from the people; and that the people then had an indisputable right to instruct their state legislatures. It is not, therefore, to be supposed, that the legislatures usurped the power to call the convention to form the constitution, and to instruct that convention to make those legislatures the depositories of the people's right and power to appoint, instruct and recall their delegates to congress. Nor is it to be supposed that the people would have submitted to such usurpations. It follows then, that the rights of appointment and recall, which constituted and enforced the right of instruction, exercised by the legislatures, must have been delegated by the people, which was, in fact, and to all intents and purposes, the same as if they had been reserved and exercised by the people themselves. But it is supposed that this recognition of the right of instruction was considered as a strong objection to the old constitution; as tending to impair and lessen the independence and usefulness of members, and as being the medium through which the fery and turbulentspirit of parties and factions might

enter into and influence and control the councils of the nation; the deliberations of which, to be wise and salutary, should be perfectly free, especially from all party or local influence and control; and, therefore, it is supposed that the "right" was carefully and effectually guarded against, though not expressly so, in the formation of the present constitution.

This is inferred, 1st, from the ardent and powerful reasoning of the framers of the constitution, to shew the dangerous and fatal effects of parties and factions in confederated republics; and, of course, against the admission of any principle into the constitution which might serve as an inlet for party spirit into the congress of the United States-specimens of which reasoning may be seen in the "Federalist," No. 10, by Mr. Madison; and in general Washington's "farewell address" to the people of the United States. have attentively read and considered those papers, I will here beg leave to observe, that, to those who and especially the "farewell address," it must be a matter of surprise, as well as of mortification and regret, to see this right of instruction set up and insisted upon, as it now is, in opposition to the facts and reasonings contained in them.

My second inference is-from the fact of the entire omission of the principle, as well as of the provision of the 5th article of the old constitution, of "the power of recall:" It may be objected to this inference, that the omission was intended to "prohibit" the exercise of the "right" to the state legislatures, and reserve it to the people, agreeably to the principle of the provision of the 10th article of amendments to the constitution, that "the powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." But to this I answer, that "the powers delegated to the United States by the constitution," are full and complete; and that the very act of such delegation "prohibits" to the people, as well as to the legislatures of the states, all arbitrary powers, or rights, to interfere with or attempts to control, the exercise of the powers so delegated, in any way whatever.

My third inference is drawn from a well known fact, that a right, whether of an individual or a community, without the means to enforce it, is a mere nullity, and void of itself-and, therefore, it cannot be rationally supposed that, if the framers of the constitution had intended to "reserve," or even to favor the "right," they would have taken away, either from the people or the legislatures, the "power" to enforce

it.

My fourth inference is-from the positive provision contained in the 6th section of the 1st article of the constitution-that, "for any speech or debate in either house, they, (the senators and representatives in congress), shall not be questioned in any other place." And, finally, from another positive provision in the constitution, that "congress shall make no law abridging the right of the people peaceably to assemble and to petition the government for a redress of grievances"-See 1st art. of amendments.

Now, if members shall not be questioned out of the house, "for any speech or debate" in it, it seems to me to be extremely preposterous to suppose, that they may be "arbitrarily instructed" what they shall, or what they shall not, say or do, in the performance of their constitutional functions; or, that they are bound to obey such instructions;-besides, if the people have a right, arbitrarily "to INSTRUCT their representatives" in matters of legislation-what rational motive can be assigned for this constitutional provision to guard their right to "PETITION?"

I think it is clearly shewn, that the right of "arbitrary instruction," claimed by factionists for the people, is "contrary to the principles and provisions of

the constitution," and, therefore, that the representatives in congress are not, and cannot be, bound by such instructions. It follows, then, that they have the right to resist them. And I shall endeavor to shew, in my next essay, that they are constitutionally and morally bound to do so.

In the meantime, it may be asked, "have the people no right of control over the conduct of their representatives in congress?" I answer yes-they have the right of enlightening and convincing their understandings, by address or memorial, if they can-but if it should so happen, as it sometimes may, from inattention or improper motives in selecting them, that their representatives have not the capacity to be so instructed-or that they have not the candor or honesty to acknowledge conviction when they feel it, and to act accordingly-the people have the right to ELECT OTHERS to represent them. These are their only rightful means of control-and respect for themselves, in regard to those whom they have once honored with their confidence, as well as for their own institutions, should prevent them from ever attempting to use any other. These are amply sufficient for all the purposes of fair representation--and the use of any other, as the constitution now stands, would be contrary to all the known principles of wise and equal legislation.

I am, with great respect,

A FEDERAL DEMOCRATIC REPUBLICAN.

"RIGHT OF INSTRUCTION."
ESSAY, NO. II.

April 22nd, 1825. SIR: It may be seen, in the essay of the 19th inst. that the pretended right of the people, to arbitrarily instruct their representatives in congress, is "contrary to the principles and provisions of the constitution of the United States."

It is assumed in that essay, that it is the moral and constitutional duty of every member of congress to resist every attempt to exercise such right-and that the right, in itself, is contrary to the moral principles and feelings of the people, for whom it is set up. And the purpose of this essay is to establish the truth of those assumed facts. To do this it will only be necessary to briefly examine the nature of the constitution, the nature of the oath of office it prescribes to members of congress, and consider them in connection with the nature of this right of instruction.

It may be proper to remark, at the commencement of this examination, that, in this country, all political power is derived from the people. That, at the close of the revolutionary war, the people thought it necessary and proper to form a closer and stronger union of the states, upon the principle of "mutual concession and mutual dependence, for mutual benefits”— whereby "the common defence and general welfare" might be more effectually and permanently promoted and secured. That, to this end, it was found to be necessary to form a general government, to regulate and manage the general concerns of the union-and that the constitution is the written will of the people, or the article of agreement amongst them, as to the form and powers of the general government.

This article of agreement was deliberately entered into and solemnly ratified by the people, in the face of Heaven, and proclaimed by them to the world as the future and indissoluble bond of the union of the states. It is, therefore, called the "constitution of the United States"-It is called "the supreme law of the land," because it cannot be altered or amended by an ordinary act of legislation, like other laws-nor an any other manner than is pointed out by the people, in the constitution itself: because, no law, contrary

to its provisions, can be binding on the people of the states; and because, all laws, made according to its provisions, are binding upon all the states, upon every citizen of the United States, and upon all others residing within the limits or jurisdiction thereof.

The constitution is composed of various parts, and each part is equal, in validity and force, to any other part of the constitution. These parts are composed of the several articles and sections contained in the constitution, and these articles describe the form of the general government, and of the several parts of which it is composed. They prescribe the powers. and duties of all the parts in concert, and the separate and independent powers and duties of each particular branch or part, and, finally, they describe and indicate the powers and rights reserved to the states respectively, or to the people of the several states. The parts most in point for present examination, are those which delegate the powers of the United States, and those which reserve the powers and rights to the states respectively, or to the people. Is the act of reservation, by the constitution, of certain powers and rights to the states or to the people, a complete and sufficient guaranty for the full and exclusive exercise of those powers and rights, by the states or people, to whom they are so reserved? I think it is. And, if it be so, it must be admitted, that the act of delegation, by the constitution, of certain powers and rights to the United States and to the several branches or individuals of the government thereof, is a full and complete guaranty for the perfect and exclusive exercise of those powers and rights, by the United States, and the several branches and individuals of the governraent thereof, to whom they are so delegated.

Now, if the government of the United States, or any branch or individual of that government, should usurp, or arbitrarily control the exercise of the powers and rights reserved to the states or to the people-would not such usurpation or control, be a violation of the constitution? It is clear to me that it would--and, if so, it must be admitted that the usurpation, or arbitrary control by the states or the people, of the powers delegated to the United States, or to any branch or individual of the government thereof, would also be, and equally, a violation of the constitution. Because the authority and the instrument, by which the respective powers are dele gated and reserved, are equal and the same; and because, there is nothing in the terms or purposes, either of reservation or delegation, which makes the least distinction between, or gives the least preference to, the powers delegated and reserved. The intention of the constitution, then, was evidently this-that the powers delegated and the powers reserved, should be SEPARATELY and INDEPENDENTLY exercised, by those to whom they were given and reserved, as the best means of promoting and securing "the common defence and general welfare" of the people of the United States.

It is not necessary to my purpose to go into a more minute examination of the "nature of the constitution," and I shall now proceed to examine the "rature of the oath" which it prescribes to members of

congress.

This oath binds every member, to his Gon and to his COUNTRY, "TO SUPPORT THE CONSTITUTION." Now, "to support the constitution," as a whole, it must be supported in all its parts. Each member is, therefore, bound by his oath, "to support the constitution," in all its parts. That is, to equally guard each and every part, against all and every sort of violationand against all attempts to violate them, from whatever quarter they may come, or by whomsoever they may be made-whether by the United States, or any branch or individual of the government thereof, upon the powers or rights reserved to the states or to

« ПретходнаНастави »