It must be remembered that this constitution provides for no change except once in seven years, and then not by acting on a single point, but opening the whole to a revision by a convention, and their changes to be sanctioned by two-thirds of the people. No convention since 1792 has been authorized, partly because a majority of the people have been unwilling to risk the expenses and anticipated evils of other amendments, which might be made, for the sake of getting rid of this restriction, so inoperative in practice, and which, indeed, so long ago as 1792, I am happy to be able to show that the majority of her people, as well as of the convention, then pointedly condemned.

Two-thirds being required to make an amendment, after several trials, this test for governor was stricken out in the convention; and the people sustained that vote by 2319 in its favor, and only 1258 against it. But the majority being but 1061, or little short of twothirds, the exclusion of the test did not prevail, though a decided majority of the votes of the people, as well as of the convention, was in favor of its exclusion. A personal examination of the records shows this clearly. Grant, then, that some countenance for unfavorable discriminations against Catholics has stolen into the constitutions of Massachusetts and New Hampshire, and some in the latter which are not in the former; they do not affect the present question, as to their right to have the College of the Holy Cross incorporated; and where they bear against it all, by way of analogy, are overruled and contradicted by the paramount provisions, before specified in both States, forbidding any discrimination, to be made between different sects.

The convention of New Hampshire, it will be seen by its journal in 1792, foresaw and predicted this conflict. But the only safe rule of construction, in such cases, is to let the causes in favor of equal rights and the largest liberty prevail over others of a more restricted character. In another clause, part first, section sixth, of her constitution, in connection with this topic, the people of New Hampshire carefully forbid the compelling of any sect "to pay towards the support of the teacher or teachers of another persuasion, sect, or denomination." And her celebrated toleration act of 1819 guarded well against evasions of this, and secured well to all sects their constitutional exemptions. Indeed, every citizen of that State may feel a pride in the liberality of her constitution in most other respects, and that she has the credit of forming, in December, 1776, one of the first constitutions in the Union established after our independence, though some of the timid and wavering then protested against the step, because the large States, such as Virginia and New York," had not taken the lead.

It will thus be seen, in these hasty remarks in reply to your inquiries, that I do not concur in the views of those who refused to incorporate the College of the Holy Cross, at Worcester; and that, in my opinion, the Catholics possess rights to establish schools and colleges, to teach letters, science, and their own religion; and are, by the con

stitutions of Massachusetts, New Hampshire, and, it is believed, of every New England State, guaranteed equally to have all legal aid to exercise those rights which is given to other denominations of Christians. Respectfully,

LEVI WOODBURY.

PUBLIC SERVICES APPRECIATED.*

TO THE HONORABLE LEVI WOODBURY.

Boston, 10th April, 1841.

SIR:On your return to your home, after having retired from the public trust, which has devolved upon you as the Secretary of the Treasury under two administrations, the Democratic County Committee for Suffolk avail themselves of your passing through Boston to express their high sense of the fidelity and perseverance with which you have adhered to and carried out that most important of all the democratic measures now at issue the separation of the government from the banks.

Whatever may be the substitute or changes which the present temporary administration may propose in the keeping of the public moneys, it will be matter of congratulation that the administration of Mr. Van Buren, during your direction of the treasury department, practically demonstrated the entire safety, facility and sound and wholesome effects, of the independent treasury system, thus entirely exploding the pretext which so long deterred the people from declaring a national independence of the banks,—that the public revenues could not be kept and disbursed without their direct agency.

In leaving the treasury free from embarrassment, with ample resources for an economical administration for the present year, you, have the satisfaction of having left no grounds of just complaint to your opponents, while you have merited and secured the approbation of your friends. Looking with entire confidence to the restoration and

*Correspondence with the Boston committee, in regard to his public services as Secretary of the Treasury; April, 1841.

firm consolidation of those democratic measures and principles which you, with the other members of the cabinet, and the executive, have so perseveringly and honorably sustained, we are, with high respect, your obedient servants and fellow-citizens,

CHARLES A. MACOMBER, Chairman, and

A. L. CUSHING, Secretary of the

Suffolk Democratic County Committee.

Portsmouth, 17th April, 1841.

GENTLEMEN:-I beg you to accept my best acknowledgments for the congratulations you offer, on my return home, and the favorable manner in which you are pleased to speak of my public services.

As the democratic committee for the ancient and honorable County of Suffolk, you express views concerning the safety and wholesome effects of the independent treasury which are entitled to great respect. They have certainly been confirmed by my own experience.

A national bank appears to be the only substitute generally proposed by the opponents of that system. But, aside from the constitutional objections to such an institution, and the wide-spread calamities which have followed the management of the last one, if another shall be recommended, on the ground of its being necessary to the fiscal operations of the General Government, the democracy of the country can, like you, point to a practical refutation of this pretence. During the long period of my official connection with these operations, though embarrassed by extraordinary commercial revulsions, the very large collections and disbursements were conducted with promptitude, the whole seven years, without the aid of a national bank for a single day. Should it be urged further, that such a bank is necessary to a sound currency (though the General Government has no power over the latter, except to coin money), the same period furnishes a signal contradiction to every such argument. For that government, notwithstanding an opposition exceedingly active and virulent, has succeeded in obtaining and using a good currency, in all its vast, wide, and ramified concerns, during the whole period it has ceased to employ a national bank. Nor need any State Government ever suffer for the want of a sound currency, if its Legislature has the wisdom to require one, and its public officers possess the firmness to enforce such requirements. The fault, as to the currency, is occasionally in the community itself; when overwhelmed in debt, it yields to a depreciated circulating medium from dependence on those who issue it, or from greater ease both in procuring it and in extinguishing with it their burthensome liabilities. At other periods, the fault is in the agents of the community, who either enact laws founded on bad theories, or, if on good ones, fail to execute them fearlessly in bad times.

REESE LIBR

OF THE

UNIVERSITY

Should a national bank be once more attempted to be forced upon the country, under a pretence of its being necessary to sustain public credit

(I mean, by credit, not mushroom speculations, or bubble hopes, but real, honest confidence, grounded on some substantial basis of property, labor, or considerate enterprise), let the same democracy point to the same period to confute this pretence also. Let them point to the high pecuniary standing of the General Government, during the last seven years, not only without the assistance of a national bank, but with all its formidable power arrayed in bitter hostility. Yet, under such disadvantages, that government has gone through some expensive wars; defrayed large current expenditures; executed numerous great public works; extinguished Indian titles to many millions of acres of land; paid off, instead of having created, a permanent debt; deposited surplus millions with the States, and sustained its credit so high as to have it sought from all quarters, in aid of others, at the close of the late administration, to which you so kindly refer. Without enlarging here on this description of its financial affairs, so different from the fancy sketch we have often seen exhibited of its great discredit, utter bankruptcy, and burthensome debt of forty millions, let me ask, if this last has been or is the disordered condition of its finances, how could it have placed with the States near thirty millions of surplus, after defraying all its own expenses? how could the assurance exist now to ask from it millions more? and how could States or capitalists so earnestly seek, as better security, its mere promises and assumptions for others, to the extent of millions on millions more?

Under our complex system, a great mistake at home, as well as abroad, often occurs from confounding the constitutional distinctions between the powers, rights and duties, of the General and of the State Governments. The latter have, it is true, in several instances, during the above period, exhibited a picture of very different hue, in respect to monied affairs, from that of the former. They must continue to do this till they alone apply the proper remedies, as they alone possess the legal power. The General Government, strictly limited by our fathers, and with much jealousy, to a few specified objects, should, of course, not act beyond its assigned sphere. If operating within that with fidelity and wisdom, seldom will it fail to insure prosperity to its own functions, and security for all the interests intrusted to its charge. But any encroachment on the reserved powers of the States tends inevitably to prostrate every vestige of State rights, and, by usurping authority not delegated either by the people or the States, it betrays them, and is guilty of gross oppression. In such an event, a consolidated government for the whole Union must follow, and end our career in practical monarchy, or in disunion and miserable anarchy. How near we may be to one of these catastrophes, time only can develop.

But, as you justly intimate, come what may, no event can rob those

connected with the last administration of the General Government of the satisfaction which results from the eligible condition in which they have left its credit and resources, by means chiefly of their scrupulous adherence to all the requirements of the constitution. By the removal of the deposites from the United States Bank, and the adoption of the independent treasury, which are usually cited by our opponents in contravention of this position, no powers were exercised except such as were expressly conferred; and, at the same time, the guards and securities for the public revenue have been increased. Instead of thus uniting the powers over the purse and the sword, they have been, by new legal provisions,-passed too on executive recommendation,-more thoroughly separated than ever before; and the executive control over the principal keepers of the public money has been diminished, by requiring the sanction of one House of Congress to their appointment in each case, instead of leaving their selection, as formerly, to the uncontrolled discretion of a department, or the will and caprice of bank stockholders. As one of the administration which has introduced these salutary restrictions, rather than usurped additional powers, I return you sincere thanks for the flattering approbation you are pleased to bestow on us all, on account of that measure. It was a measure which will bear the scrutiny of time, and was in strict accordance with those democratic views of the constitution,-whose early and wide restoration I can heartily unite with you in desiring, -as explained by Jefferson and Madison themselves in the memorable contest of '98, rather than the opposing but open and manly principles of the Hamiltons of that age, or the false glosses since put on the former, whether by temporizing expediency, unscrupulous ambition, hypocrisy or apostasy.

With great respect,

Your obedient servant,

CHARLES A. MACOMBER, Chairman, and A. L. CUSHING, Secretary of the Suffolk Democratic Committee.

43*

LEVI WOODBURY.