Indiana State Sentinel, Volume 6, Number 31, Indianapolis, Marion County, 21 January 1847 — Page 4

IXUI.lXArOMS JA.W 10, 1S47.

To Correspondents. E. S., Rxne. Tour cm I ha SStb all. was received on the. 1-kh lnC V cannot furnish the Tfl tvetkly u you desire, tlie back numher being eihaurtad. Tb session ia atso a neat the do-. Hcaiul'jira us w bat to do Kit Ute iMar. ujnm you try the Weekly six month? II. S., Cotunr bus. That '-engmvinj" d e not amount to tnur.li, being only a u canal pn.ft'e." We don't know what will be done In lite prrniisea, but will " keep our eye on you. Why dout you "Uktltc papers? n Constitution!! ICcforiu. Allliouh it seems to be decided, that no convention sall be called at present, to revise the constitution of this State, we yet foci deposed to call public attention to some reforms, which we regard as desirable. Our views of the representative character of the Judi ciary department, have been given in a previous article. That this representative character may be effectually maintained, and it responsibilities prope'ly enforced, wd conceive that principla and sound policy alike dictate, that all judicial oßiccrs should be elected by the people. This proposition, though it is not now entirely new, was at the first regarded, by many sound republicans, as a dangerous innovation upon former usage; and the objection has been urged, that the. great mass of the people could not be supposed to havo that perfect acq-iiintmce with the particular qualifications of inJiviJuals, which is regarded as necessary to a wise selection. This objection would apply with greater or less force; to every o.Uce now filled by the popular choice; ami it is to ba observed, that the reason is constantly losing its force, from the fact, that the law is every day becoming more a pojufar science, and that as intelligence increases and becomes more diffused, the objection will have less ground than even now. Eat there is a great fundamental principle, lying at the bottom of the proposi tion, which is, that the people are the source and depositaries of all power, and to them belongs its ex ercise, and to them all public agents ara directly re sponsible. If then, we desire in good faith to conform in all respects, to the true principles of our. government, if we would carry into practical effect what we profess, namely, the doctrine that the people are qualified, both by intelligence and virtue, to exercise all the powers resident in them, we can find no efficient warrant for making the judiciary an exception . .1 . : l r i iu nit? jiti piuitjic ui universal suuia'f. The public mind has too long labored under an indefinite notion, of the inviolability and independence of judicial officers. This idea had an honest origin, under a different form of government. In the days of the star-chamber and commissions courts, it was the odious practice of the king, to either procure the judges to violate their conscience and the constitution, for the purpose of condemning thofe whom he found it convenient to ruin, or to place on the bench those supple tools of tyranny who had no conscience to violate, and to whom oaths, constitutions and laws, were idle tales. This was invading the independence of judges, and violating the sacredness of judicial institutions. It would have been but justice, nay, it was a solemn duty of the kings of England, tr place men in judicial stations, who had the highest regard to the genius of the existing government, and to the constitutional principles which controlled itsad.ninis(f inn I h CI m f i a tPlia 1ft tflia MiinPtr Avn.m 1 nr 1 ia the circumstance, that here the sovereignty is in the hands of the people, and their will is both sovereign, and the highest law possible to human institu- . tiuns. The reason of the rule for which we contend, becomes in this view imperative. Leaving such appointments in the hands of the chief magistrate, is one of those badges of monarchy which have survived among us, in spite of the republican basis of our govermcntal regulations in general. The people now .elect the inferior magistrates, and in some States, those of the higher grade; and wherever the experiment has been tried, it has been found to be eminently successful. So will be every reform which shall have for its basis the noble principle, that the people are in all respects capable of self-government. The lTliiz Pnrty and the War. We confess that we are astonished at the course of the Whig party in Congress and elsewhere, on the subject of the Mexican war. We -Jiad supposed that the scorching rebukes received by the torics who opposed and condemned the war of the revolution, and the lasting infamy heaped upon the successors of the same party who again ia 1312 espoused the cause of the common enemy against their own country, would have been sufficient warning to that party and to all parties, to avoid a similar course in all future time. But we were deceived in them, we find them again as usual, giving "aid and comfort" to the public enemy by agitating in the councils of the nation the most distracting questions in the most critical and inauspicious times, refusiDg to vote the necessary war duties, vehemently condeming the' administration, and publishing to the enemy that their cause is just, and giving them to understand that there is a large and powerful party in this country who sympathize with them ! Their course is exactly the same now that it was in both ojr previous struggles with a foreign foe, and the same crushing infamy which has rested and will for-

ever rest upon the tories of the revolution and the'ÖW Pcr annum,) at $'JUJ each, would not pay ex

opposera of the late war, will also surely be visited by future generations upon their memory ! Let them look to it ! Loos Out! The "old cock" is about again, and would b8 very bappy to hear from hi friends without a more pointed call; especially some of those who have notes due about Christmas and New Year's. A few days will enable us to " catch up," and depend upon it, business must bs hurried. We Lave been eajy enough to satisfy any ono ; and being pushed," we must push" in turn. IIop3 this will be su.H- . ' SiiotTsixs Murder. We learn fiom the New Castb (Ind.) Courier, that on the morning of the 23lh ult., a Mr. Juha S'mmin, living gjmi eight or nine miles north of that place, was most inhumanly murdered by some unknown person or persons, lis had risen from his bed, dressed himself, and stepped out of his hou?o for some purpose, when he was attacked and 3 beaten and brused, that ha died in about an hour afterwards. When firs' discovered by his family, ho was endeavoring to make his way into the house, but was S3 far go.ieas tobe unable to give any inforina. tion of the murder. New Paper. We acknowledge the receipt of the Daily Midisonian, a very respectable sized sheet, just commenced at Madison, Ind., by Messrs. Foster & Reed. It seems to be neutral in politics. It should be sustained by the Madisonians, as therein depends its suSciency and success. The proprietors have our best wishes. (rGovernor Young and Lieut. Gov. Gardiner, of New York, were sworn into office on the 1st of January, in the Capitol, at Albany. Ex-Governor Wright was present, and congratulated his successor. The oaths of office were administered by Mr. Eenton, Secretary of State. (Information was received yesterday by Telegraph, says the Pittsburgh Post, that delegates in the city and county of Philadelphia in favor of Governor Shank's re-nomination had been carried by Urge majorities. Also that York county. had gone in the siine way. This it i said may be regarded as decisive as to his re-nomination.

Correspondent cf tht Jjurnal rf Cammerrt. Washington, Jan. 5, 1S1G. The Liiultnvi'.-Ginifa'slii? Repudiated ! The House repudiates the measures recommended by the Administration, just as fast as they are presented. S much unanimity on important questions

is unusual in the Hanse. It bodes grvd to tlio coun try, as I h though the Administration may be embarrassed, and some personal interests and political combinations ba crushed by it. The Military Committee or the House reported this nvirnin'' unfavorably uuon that part of the Presi dent's Message which relates to "the appointment of a Genera tjjicer to take command of all our military forces in the field,' with a resolution that the same lie oa the table. There was a general shout of laughter and approval, and the "eport was concurred in nem. con. So the ! louse decides that the President shall not be relieved from any responsibility properly belonging to him in relation to the conduct of this war. The effjet f the appointment of a LieutenantGeneral would have been, as it was considered here, to interpose that officer, in the person of Mr. Denton, between the President and Congress, and relieve the President from a portion of his just responsibility. Congress cannot desire that Mr. Polk shall take the field in. person himself, and it follows that they expect bini to carry on the war or make a peace by aid of military or diplomatic officers now known to the laws. Wc have eery hour additional evidence of the utter and uncompromising hostility of the House t a duty on tea and coffee. What plan for meeting the known deficit in the means of the treasury for this and the nsxt fiscal year will be adopted cannot be foreseen. The loan will fail unless Congress authorize one at seven per cent, and will allow even that to bo negotiated below par, and this Congress will not do. Revenue adequate to the payment of the interest on the loans, and the ordinary expenditures also of the Government, must be raised, and the question is, what new tax shall be imposed 1 It seems probable that the only mode that the House will agree to will be an increase of the rate of duty on the articles now dutiable, up to the highest revenue standard, and the imposition ot an excise on distilled spirits. The reduction and graduation bill may add n million and a half to the revenue; but it is yet uncertain whether it will become a law. The Senate have made it the order of the day Tor Monday next. The next subject of importance is the exclusion of slavery from the territories to be acquired from .Mexico. On this point the House will be inexorable. There are symptoms that this question will shake the present foundation of things in political parties. The next important question is that relative to the improvement of rivers and harbors, and here the Administration is in a fearful minority ; and the question is gathering so much strength that it alone can destroy an adverse party. On the first or second day of the session I referred in a brief paragraph to this state of things, predicting that it would soon become apparent. The prediction was said in some prints to be idle, and it was asserted that, cn the contrary, the democratic members of the House were united iu support of the ! measures of the administration, &c. JJut what do ' m fn. .1 - - . ? - we see I l tie Acminisration is m a minority on every purely Administration question. There is no Polk party no Ad minis: ration party, properly speaking, in the House. Mr. Preston King, by way of making known his position on the slavery question, asked leave this mOHiin-r to make a personal explanation. In referenc.e lo l,,e aicie oi uie union oi iasi nigm, on mc . "l . , .1 TT 1- !. LJ " . war must necessarily end in the cession of territory to the U. S. ; and that it was u fixed principle with him and with all his constituents and witli all the democracy of the north, that slavery should not be extended into any territory thus acquired Railroad to 0?.egox. Almost daily we are ia the habit of reading something in the papers in favor of a Railroad to Oregon, to terminate somewhere near the mouth of the Columbia river. I fear that none write communications in favor of the immediate prosecution of that road beyond St. Louis, except interested persons who contemplate in some way or other to have some stealings from it. Will some one competent, please inform the public what ü,(ÜU miles of railway would be likely to cost with its bridges, water stations, machine shops, cars, locomotives, &.c. &-c. ? How many men per mile are necessary to repair the road and watch the turnouts, cut and store fuel, in the machine shops, and around tho depots. I apprehend it would require the whole white population west of Independence, Mo. to act as mere servants on tho line, allowing it was now built and in operation; and to prevent the Indians and storms from destroying the road would require an army of ten thousand soldiers, laborers besides, It will be time enough for the covernment of the United States to make railroads beyond St. Louis, when the people shall have completed roads from New York to St. Louis, or to the Mississippi river. The great State of New York, with its dense population, and with the greatest possible inducements, thousands of passengers and thousands of tons of freight waiting to be daily carried from either end, can scarcely find the means to complete a road about a tenth of the distance towards Oregon. Such a railroad will be, but not within forty years; and when the passenger for Canton has just taken a flying trip to Astoria, he will be about eight thousand miles from Canton, and by stopping at the Sandwich Islands (two thousand six hundred miles) to land passengers and procure coal, and exchange cargo, &.c, he will have sailed some ten thousand miles or more before reaching Canton. How very few persons while talking of the railroad to Oregon ever consult a map. In my humble ppin j ion. the road would cost from St. Louis seventy-five millions of dollars, and 100 passengers per day (36,penses. Let the Government of the United States, (but not Mr. Whitney,) select a strip of country, defining it, and let people of good moral character of all nations be invited to occupy the same, giving to each family sixty acres of land of their own selection within the limit-, taking care that none but American schools and American principles shall exist among them. Through that district to Oregon, let the government first grade a national road with good bridges, &.C., and the railroad will follow on its heels as fast as required, and the government may then loan them SÖ.000 per mile at 4 per cent, per annum, for 20 vears. to facilitate the work. In this manner a road may be bunt that will be a benem to the nation and not a humbug got up for tlie purpose of finding fat iobs for cunning contractors and fat places for decayed politicians. N. Y. Evening Post. Pouticai. Nicknames. The Union, a few weeks ago, declared its intention of calling ths whis federal ists. Immediately thero arose from the dense array of opposition press an outcry of shame and horror at the enormity of nicknames. The Baltimore American avowed that it was the common resort of a defeated man to vilify his opponents. W e co not mind nicknames; they reflect on those who use them, not on those to whom they are applied. But federalists and federalism are not nicknames. They express certain doctrines and those who uphold them; and modern whigs, if true to their principles, ought to be proud of a term once borne and gloried in by such men as Hamilton, Jay, Pickering and others. We do not use the term ourselves, because the party to whom it is applied calls itself whi?, and from pure courtesy we use the same name. No one presumes for a moment that we intend any approval of that name. We do not believe the term at all appropriate; in truth, from having been borne by our forefathers in the revolution, it should have been deemed too sacred to le dragged into party contests. - :; The deeds (rather misdeeds) of the whig party in its alliances with native America nism, anti-rentism, and abolitionism, force us to believe that they are tho legitimate dependents of the fimt whig. "The first whig, sir, was the Devil." Dr. Johnson. And now, in conclusion, w admit that the word whig is a nicename. Bomb Shells. There are six hundred and twenty tons bomb shells at the western railroad depot, in Albany, which were manufactured at Troy, destined for the Gulf of Mexico,

All or this a nused us exceedingly. To find presses with "locofoco" always in use, denouncing the term federalist" as a nickname, made us laugh heartily.

Sketch or tlie IK'lmtc In the House of Representatives, whilst in Committee of the Y!ule,cn the bill to provide for calling a Concenivm. to change the Constitution. Mr. Seckest remarked that the bill before the committee presented a highly important question, upon which he found himself co'npetled to dilFcr from most of his political friend. Under such circumstances he desired to give his views, at some length; otherwise he would have remained silent.

The first point, to which he wished to direct the . e .i .i . .i .n r.. - attention of the committee, was, that the call for a ( i, . , , ! convention, could not now be matie, under or in accordince with the ishth article of the constitution. t . 4 . w A ta i u 1 u la Tf nfAi'wlna thnf in oi'iirv tirrlf Mi r-nfir fi nnll Omnia he was intended to nreclude the neoDie Irom holdin? a - ( I 4 poll for a convention at any other time than every T r. u i. -Ii : . . ....ii:. T t . , a- . i . j . r c- .,;.u r the constitution, which declares, "That all power is inherent in the people ; and all free governments are founded on their authority, and instituted for their peace, safety, and happiness. For the advancement of these ends, they have, at all limes, an unalienable and indefeasible right to alter or reform their government in such manner as they think proper." Here it is hid down by the framers of the constitution that the right to alter it xists at all limes with the people a right ' unalienable" and " indtfcasiUe," that is, one which cannot be transferred for a moment. Yet, if the eighth article is not a nullity, it takes away this right for periods of twelve successive years. It forbids the people to alter or reform their government, except by its permission, and that is given every twelfth year only. Is such year, then, "at all times" or such right tl unalienable" or "indefeasible ?" Chief Justice Marshall's opinion goes still further, for he declares that if the right of tlie people to re form their government should be alienated, that gov ernment would cease to be republican. If so, it mat ters not for how long that right is alienated, lo lim it or hinder its exercise is an alienation, totally in compatible with the terms used by the framers of our constitution in the second section referred to, and with that republican form of government which is the birthright of every American citizen. He therefore assumed thi-i position, that tho people, by no constitutional provision, could take from themselves, or re strain, or limit their right, to alter or amend their constitutions. To support this position, he would now turn to au thoritics. The first, although of a negative character, was of great weight on a question of this kind. In bis in vestigations he had not found a single American wri ter or statesman of any celebrity, maintaining a con trary opinion. If there were any, he hoped ho would be reterrcd to them. Chief Justice Marshall, in 4th Whoaton's Reports, ivo, says : 44 It has been said that the people had already stir rendered all their powers to the State sovereignties. and had nothing more to give. But surely the question whether they may resume and modify the powers granted to the government, docs not remain to be set tled in this country." The next authority, to which he would direct the attention of the committee, was that of Judge Wilson, a Judye of tlie Supreme Court of the United States, signer of the Declaration of Independence, a distinguished professor of law, and who, from his works seems to havo been in advance of Mr. Madison him self. In his Lectures on Law, volume 1, page 17, he says : Permit me to mention one great principle the that principle, I may well call it which diffuses an imation and vigor through all others. The principle I mean is this : that the supreme or sovereign power of society resides in the citizens at large ; and that, therefore, they alicays retain the right of abolishinf. altering, or amending their constitution, in whatever manner they shall deem expedient." In his works, vol. 3, p. 292, he says : Terhaps some politician, who has not considered with sufficient accuracy our political systems, would answer tltat, in our government, the supreme power was vesica in tie constitution. 1 his opinion approach es a step nearer to the truth, (than the supposition that it resides in the Legislatures,) but does not reach it. Ahe truth is, that, in our government, the su prenie, absolute, and uncontrollable power remain, in the people. As our constitutions are superior to our legislatures, some people are superior to our con stitutions; indeed, the superiority of this last instance is much greater ; for the people posssess, over our constitutions, control in act as well as right." Again he says: " A In tliP nonnlo liftivovpr in u'mm lliA enrnromn power resides, from their authority the constitution originates; in their hands it is as clay in the hands of the potter; they have the right to mould, to preserve, to improve, to refine, and to finish it as they please. If so, can it be doubted that they have the right likewise to change it! " Vol. 1, p. 410. Another extract from the works of the same author: " The dread and redoubtable sovereign, when traced to his ultimate and genuine source, has been found as he ought to have been found in the free and independent man. This truth, so simple and natural, and yet so neglected or despised, may be appreciated as the first and fundamental principle in the science of government." Lectures on Law, vol. 1, p. 25. But it may be said that these authorities declare only, what no one will deny, the right of revolution. Granted that it is this right to which they refer, does it not necessarily follow, that the people cannot be divested cf the right, and that it can be legitimately exercised at all times, to amend or abolish existing constitutions. For if the people can divest themselves of it at all, then it would be alienable; and unexpected evils, as under the Stieles of confederation, wuulJ have to be endured until the right again reverted to the people. Cut there are authorities against the limitation of tlie power of the people as to altering their constitution call the exercise of that poi:cr by what name you will which he would now lay before the committee. Rawle, one of the ablest commentators on our constitution, says : " Vattel justly observes, that the perfection of a State, and its aptitude to fulfil the ends proposed by society, depend upon its constitution. The first duty to itself is to form the best constitution possible, and one most suited to its circumstances; and thus it lays the foundation of its safety, permanence, and happiness. But the best constitution that can be formed with the most anxious deliberation that can be bestowed upon it, may, in practice, be found imperfect and inadequate to the true interests of society. Alterations and amendments then become desirable. The people retain the people cannot, perhaps, divest themselves of the power to make such alterations. A moral power equal to, and of the same nature with that which made, alone can destroy. The laws of one legislature may be repealed by another legislature, and the power to repeal them cannot be withheld by the power that enacted them. So the people may, on the same principle, aJ any lime alter or abolish the constitution they have formed. This has been frequently and peaceably done by several of these Slates since 1776. If a particular mode of effecting 6uch alterations has been agreed upon, it is most convenient to adhere to it, but it is not exclusivelf iindixg." Rawle on the constitut:on, p. 17. To the same point Judge Wilson thus speaks : The consequence is, that the people may change the constitution, whenever and however they please. This is a right of which no positive institution can deprive them." Wilson's works, vol. 3, p. 293. Mr. Benton is distinguished among the eminent statesmen of our lime, for his erudition and patient and laborious investigation. Whatever may be his sentiments on the political measures of the day, and however widely we may differ from him, yet his opinion on such a question as is now before us, is entitled to tlie greatest weight. This Senator, in his speech in the Senate of the United States, upon the admission of Michigan, remarked : " Contention were original acts of the people. They depended upon inherent and inalienable rights. The people of any State may at any time, meet in convention, without a law of their legislature, and without any provision, or against any provision in their ccnstitution, and may alter or abolish the whole frame of government as they please. The sovereign power to govern themselves was in the majority, and

nnonnl fif tli rwAn!D tti tnfa fiif rv rrninsf II rfinvpn

tiV r.V T, Ö ZZ.nVthit if of Chesterfield, Taylor of Chesterfield, Giles, Urod- ' controlling povrer, tlicretore, ana ti;e OMmai conuon, and the jear jus passed was not l at J a, if. D Acnder, Goode, Marshall, (chief, tuli.g rourer, are one and the same power." this article excluded the people from holding a poll for , t- Baylor, Nidiol. Clopton, Anderson, CoGman, If we now pass this bill, we determine the time Z Zr?L TIuSroi l fv-ncea Hrri-in. Williamson. Baldwin, Johnson. McCoy, and manner by which amendments to our constitution that neither they nor the Legislature could advance a ft pf Trezvant. are to be made. In so doing we make ourselves a step further on Um subject. . It became material, LVchart, Randolph, Leigh of Halifax, "party" "to control the whole government." It therefi,re, to inquire how far it is ob hgatory Veaable, MadUon, (ex-president.) Stanard, i belongs to those who made the Constitution and the If the eighth article, as is contended for by many, 1W,'. Oshne. Cooke. Gri,. Ten- legislature to do this-with them, then let us leave

they could not be divested of it." Gale', and Seaton's debates, vol. 12, part 1, p. 103G. Oa this p int he would introduce but one more authority.. In the revision of tho constitution cf Virginia a

proposition was introduced before the convention rrcscriiing ths mode by which the cnrsliluiion should be amended. It was rejected on the ground that a majority of the people had a right, at all times, and in whatever manner they pleased to alter or amend their constitution, and therefore such provision would be a ! nullitv. Tlie vote by which it was rejected was 2o for nuilliv. ine voic oy nuicu n war rrietieu wo " " 4 - . . .,., RnL; it. GS against it. Amongst those opposing it e ..,. . . . ,"oet ment statesmen of irg.nm. To she are the how who nicy are lie wouiu ma lue vuicv "Noes. Messrs. Earbour, (President) Jone?, Leigh j dlcton, Gcorpe, Lyan, Koine, Taylor or Carolina, Morris, Cloyd, Chapman, Matthews, Oglesby, Duncan, Laidley, Barbour of Culpepper, beott, Lrrecn Tazewell, Loy all. Trends, Grigsby, Campbell of Bedford, Branch, Townes, Martin, i'leasant, L-orüon, Massie, Bates, Nealc, Kose, Coalter and Perrm. Still it may be urged that all this is but the right of revolution, which no one denies, but that it is not this right which a people exercise in amending their constitution. He wuuld ask, then, if it is not this right, what right is itl He maintained that it is the exercise of that same sovereign power of the people, and the term "revolution" has distinguished it, simply, because in the history of the world, tyrants have endeavored to control the people asserting it, by wagin deadly warfare against them. In 17b, the dec laration of independence was, in itself peaceful, and it was not those who made it, but ueorge III. who caused those hostilities, which we distinguish by the name of " tlie war of the revolution." But few greater changes in the principles of government could be made than we made in adooting the present constitution of the United States, yet was that revolu tion peaceful and mud and but the completion of the exercise of that right of revolution which was com menced in 1770. Hence it is that Judge Wilson thus sneaks: " These important truths are tar Irom ueing merely . ... .... , speculative; we, at this moment, speak and delibe rate under thsir immediate and benign influence, lo the oneration of these truths, we are to ascribe the scene, hitherto unparalleled, which America now exhibits to the world a gentle, a peaceful, a volun tary, and a deliberate transition from one constitution of government to another, (from the confederation to the constitution of the United States.) In other parts of the world, the idea cf revolution in govern menl is, by a mournful and indissoluble association, connected with the idea of wars, and all the calami tics attendant on war. "But happy experience teaches us to view such revolutions in a very different light to consider them as nrnaressive fiteDS in improvin? the knowledge of r o o m . government, and increasing the happiness of fsccicty and mankind. Wilson s Works, vol. 3, p. JU3. And again : " A revolution principle certainly is, and certainly should be, taught as a principle of the constitution of the United States, and of every State in the Union. This revolution principle that, li e sovereign power residing in the people, they may change their constitution and government whenever they please, is not a principle of discord, rancor or war ; it is a principle of melioration, contentment and jeace." Wilson's Lectures, vol. 1, p. 2i. Authority of this kind might well settle the question, whether the right of revolution ia not a jeaceful as well as a warlike remedy ; but he would still further show it, by a brief examination into the nature ot the right In Europe the divine right of Kings to rule had been asserted, and by military power had been maintaind. When Payne attacked this assertion, and declared that the natural right to govern themselves existed in the people. Burke, in reply, insisted that government derived its power from heaven. Great and large as was this statesman's mind, he was forced to assume this untenable, and what appears to us, ridiculous position, to avoid, on the one hand, the truths of Tayne, and on the other, the odious doctrine of the jure divino right of Kings. Burke assumed the position he did, because Europe had not then exhibited the spectacle of r- majority of the people calmly and quietly reforming evils in their government, but only the attempts of a few, vainly struggling to assert their right3 against the armed power of oppression. The sovereignty of the people Burke could not therefore comprehend. Here, however, the assertion of the right is not with a minority against a majority, and therefore, followed by bloodshed : but a peaceful remedy in the hands of the majority to remove evils, which experience has pointed out in their government. When, therefore, an American speaks of the right of revolution, as exercised here, he refers to an exercise of sovereign power by peaceful means; as exercised in Europe by xiolent means. He refers to an exercise cf power here by the n.ajority; there by the minority. lhe right of revolution, then, obtains lor the correction of all evils in 'government ; its exercise belongs to the majority in lesser evils ; to the mmority, in ejclreme cases only, by reason of those scenes of strife and violence usual to its exercise by the minority. Entertaining these views of the right of the people to alter or amend their constitution at any and all times, and believing the eighth article of our constition, if a limitation on that right, a nullity ; the ques tion then occurs, by what authority cau this Legisla ture call a convention ! And tins brought him to The second point, to which he asked the attention of the committee. It has been seen that with us, and under existing circumstances, the right to amend our constitution is a peaceful right, which con be exercised by the mnjorily alone. All admit that the people are sovereign ; and that their wishes are spoken through the majority only. Mr. Benton, as we have seen, declares that 44 the sovereign power to govern themselves was in the mnjorily, and they could not be divested of it." Judge Wilson says, "of the right of a mnjorily of the if hole people to change tlnir government at will, there is no doubt." Now, this majority cannot act by a mere plurality, because a plurality is not known except under a constitution. In many States even the constitutions would not permit it to decide the most trivial and temporary matters. In delegated authority it is sometimes allowed, but in sovereign, never. Are we authorized, then, by the majority of the people, to call a convention ! At the last August election there were cast 12G.8G9 votes, and but 32,521 of thein for a convention, that is, but a little more than one-fourth of the people. We were not, then, authorized by them to pass this bill. But it is contended here that, r.s the representatives of the people, we have, in our legislative capacity, the right to call for a convention nay, even to frame a new constitution and present it to the people for the only exercise of their sovereign power is in voting to receive or reject the new constitution. To such a doctrine he could not subscribe ; for the people then, would have no voice in selecting agents to declare their wishes as to what provisions the constitution should contain. They may use the legislature as a convenient medium through which to express their wishes, but the people, and the people only, have the right to determine at what time and in what manner, their constitutions are to be revised. There may be evils which they may wish to correct, but the time to do so may be unpropitious. The public mind may be too much agitated on other questions to act with that calm deliberation essential to a useful change of the government. Again: The public mind may not be entirely satisfied of the expediency of some changes proposed. Time, therefore, becomes material ; and it is not for us, but for the people to determine that. Independent of all this, he desired to know, whether our powers were not limited by the constitution ! By it the people speak through us; but now.it is asked, that wc should speaker them. How has it come to pass, that we, a department of the government, have the power cf sovereignty 1 "As our constitutions," says Judge Wilson, "are superior to our legislatures, so the people are superior to out constitutions." Instead of the people being first; the constitutions second ; and the legislatures third, we are for reversing the order. What right have we to do this I Mr. Tayne, in his Essay on the Rights of Man. has answered the question. Whatever objection the re-1

ligious world may have to the religious opinions of Hub writer, his political principles have always been approved in this country. lie says: Government has no right to make itself a j arty

in any debate respecting the frinciyies or mode ct tormina or cnanging consuiuwous. n is doi ur tu bcnefitcf those who exercise the powers of government that constitutions, and the governments issuing from them, are established. In all those matters, the right of judging and acting arc in those who pay, and nrt those who receive." Ajrain : 'The laws which are enacted ly governments, control men only as individuals; but the nation, thron"!! the constitution, controls the whole irovernment, and has a natural ability bo to do. Tlie final the whole subject. Believing that this is not the proper time; that we are not authorized to make a cull for a convention ; and that governments should not be changed for light and transient causes, he would oppose the bill. As an individual, he desired to see associate metres abolished; biennial meetings only of the legislature; the county seminary system changed; the legislature restricted as to borrowing money for banking and internal improvement purposes ; and other alterations. But whatever his individual opinions might be, they could not confer power upon him to vole for a call for a convention. No one, from the vote of last August, could mis take the feelings of the people on this question. If a convention were now called, tlie result, in all proba bility, would be a rejection of the constitution ; and the excitement caustd by the expenses of the conven tion, especially under the embarassed condition of the State, would prevent for a long period, the proper amendments. As a question of expediency alone, he could not, then, vote for the bill. He owed an apology to the committee for having, contrary to his custom, so long detained it; but he hoped, In the importance of the subject, it would find some excuse for him. IVabath and IZiic Canal Scrip. Mr. Cassnlt, from the select committee to whom was referrrd the joint resolution on the subject of the Wabatdi and Erie canat scrip, made a report on that subject, of which the following is a very brief abstract. Mr. Cassatt, on the subject of the Wabafth and Erie canal scrip, reported that they had inquired into the origin of the basis upon which the different kinds of scrip have been issued, and the committee beüeved that there was but one grant of lands made by Conres fr the completion of said canal from the lakes to Terre Haute. That the grant was made for the express purpose of connecting the lake with the navigable water of the Wabash, leaving that point lo be selected by the State ; and under thia act lands were selected to construct the canal to Lafayette, with the impression that the Wabash river was navigable to that point. When this impression was found to be erroneous, a selection was made to continue the canal to Terre Haute as the navigable point on the Wabash river. Tins grant was investigated by Congress, and confirmed lo the State, not as a ntto grant, but as lands the State had a right to under the original grant made to connect the waters of the lakes with the navigable waters of the Wabash ; and consequently that any act of the Legislature to divert those funds from the object contemplated by Congress, is a breach of the trust coniiced in tlie istate by tüongress. That the State in accepting those lands pledged her faith for the final completion of said canal ; also, that it should be completed within twenty years, (which period expires the present year) but that the canal would have been completed within the specified time; but for the Legislature of 1842 diverting a portion of the grant from its legitimate purpose. That the interests of the State was prejudiced by a distinction made by the canal east and the canal west of Lafayette. That the law should be abolished, and that the fund be applied in the most judicious manner to secure a speedy and expeditious consumation of the work. The repoit concluded by answering arguments against the adoption of this policy. A bill on the subject ot the Wabash and Erie canal scrip was substituted instead ot the joint resolution, and its passage recommended by the committee. Mr. Secbest said the question was not whether one portion of the country was more favored than another it was not one of sectional importance, but one in which the whole State was interested. The question was whether the legislature would obstruct the progress of this canal, and forever cripple the energies of its friends. That members should divest themselves of all local prejudices, and should have regard to sustaining tlie credit of both classes of scrip, instead of depreciating the one that the market value of the other should be enhanced. That it was evident that there was but one grant that the memorialists supposed Lafayette would be the bead of navigation on the Wabash river, and as soon as it was discovered that the river was not navigable to that place, it was changed, and Terre Haute was substituted and more lands granted, not to construct a new work, but to carry on the canal in accordance with the design had in making the Crst grant. Mr. Wilson said he was rather taken by surprise at the report coming from the Eelcct committee cf which he was a member, at this time, as well as at the course pursued by the chairman of that committee. He Mr. W. had made strict inquiry of one of the members of that committee, the gentleman from Cass, Mr. Talmer, at what time the committee would meet, and was informed by hirn Mr. Talmcr that he did not know. That the gentleman from Wabash Mr. Cassatt was chairman. Immediately on the adjournment of the House, at noon, he Mr. W. went to the gentleman from Wabash, and inquired of him when he would call the committee together to investigate that subject. The reply which he received was, that he Mr. C would call the committee together as soon ss the House should adjourn in the afternoon. He Mr. W. heard no more on the subject until a few minutes ago, when he was called from his seat into the lobby by a member of the committee. There he va9 met by the gentleman from Wabash, Mr. Cassatt, who said he was ready to report. He Mr. W. insisted upon a delay until he could have time to investigate the matter. The gentleman from Wabash Mr. Cassatt then went to his scat, and in a few miuutes made his report. It was due, Mr. W. thought, to himself as well as to other members of the committee, if it were only on the score of courtcsey, to have been allowed an opportunity to inform himself, of the matters contained in the report, and to investigate the subject satisfactorily, lie thought that he ought to have had the privilege of conferring freely with the committee on the subject, before a report was made. And now, said Mr. W., for a short history relative to the matter of this canal scrip. The Congress of the United States donated certain lands to the State of Indiana for the purpose of completing a canal from the Ohio line east, to Lafayette, that being represented as a navigable point on the Wabash river. These lands consisted of alternate sections, and extended along the line of the canal five miles on each side of it. The Legislature authorized the classifying of the lands; they were accordingly divided into three classes, the firet class to be sold, if his memory served him right, at three dollars per acre; the second clas at two dollars per acre; and the third class at one dollar and twenty-five cents per acre. Scrip was issued, for the payment of which this land was made the security. The lands were first brought into market in the year 1940. The scrip depreciated in value from forty to fifty per cent., but the purchasers failed to avail themselves of the opportunity of paying for their land while the Bcrip was cheap. Congress afterwards granted other lands to this State, for the purpose of enabling the State to extend the canal from Lafayette lo Terre Haute. This last grant was divided into three classes ; the first class was valued at five dollars per acre, the second at three dollars and a half, and tho third at two dollars. Scrip was to be issued to the full amount of the lands, as valued, and to be redeemable in the said lands, although it was well known, tho lands being appraised at more than their cash value, that the scrip must depreciate. Eut the friends of the measure persuaded themselves that the poor the laborin f classes, could be hired to do the work of difT(inT the canal at ten dollars a-month, and take this scrip at its face in payment, which they did. This scrip took the name of Blue Dog. On the third of October, 13, a part ot these lanas was Drought into market that is to say, one third of them. But a small part of those lands would sell, owing to. the hirh Dnce at which they had been vaiueu. Ane xci milt was, that the scrip called Blue Dog fell in value to forty cents oa the dollar. The lands then began

to sell; and many poor men, as soon as they could

raise enough to make the first pnyment of principal and interest, Lou zhW laud. Many of these men oovr owe for the land thus bought, and will Lave great difficulty in making up the instalments yet enpaid, . ... . -k - m . a at the price w hich the land now becis. .ovr 1 inese two funds were united, the result would be to raise the price cf the Lino Dog for a while; but the lands will regulate the price of tlie scrip in spite cf legislation, although perhaps not before seme poor neu r.ay many joor men, shall have lot their land, together wiih all tl.ry l.ae paid on it and whatever improvements they have made. Now the scrip which was issued for the completion of the canal east of the mouth of the Tippecanoe river, and redeemable for the lands appropriated for that purpose has risen in value. It is now worth ninety cents on the dollar ; whilst the scrip issued for the completion of the canal west of the mouth of the Tippecanoe river, and redeemable by the lands appropriated for that purpose, is worth no more than fifty cents on tlie dollar. Now what dots this bill propose! Neither more nor less than that the buyers of the Blue Dog lands 6hall help the buyers of the White Dog lands to pay for their farms, which cannot be looked upon in any other light, by any man in this legislature, than as manifest injustice. Mr. W., believing that the members cf the legislature were fully prepared to vote on the side of justice, would leave it to the members of the House to determine, lie would, however, before be sat down, remind the House of another gcd reason why those funds ßhould be kept apart. It was, that the White Dog lands were situate along the line of canal, five miles on either side, consisting of alternate sections, selected, and all, or nearly all, s-ld ; while the greater portion of the Blue Dog lands lay at a distance of from twenty to forty miles from the canal, by far the greater part of which was yet unsold ; aud much of which would not sell at sny price, owing to their inferior quality. These lands were taken en masse without any selection, let them turn out to be good or bad. Mr. Dole said, this is a question of much more importance to the State than many members may suppose. If it were a question of the relative value of the two kinds of scrip which are already issued, then it would be as the gentleman from Noble 6eems to suppose it to be a local question cenfined to the, persons holding this scrip, and to the purchnsers of canal lands, in which the State would have but little'" interest ; but such is not the esse ; it is a great State question, and one in which every county and every citizen has ond ought to feci an interest. The question is, whether the State will apply the lands donated by the general grant for the construction of the Wabash and Erie canal, to its legitimate object, and thereby cany out it in good faith the trust committed; to them, or whether the Legislature will longer continue upon her statutes the law of 1942, which separates tins fund into sectional divisions, retarding the prosecution of the work without any corresponding good accruing to the State, or any considerable portion of her citizens. The gentleman from Noble seems to suppose that the lands east and west of Tippecanoe are separate grants for separate works; but this is not the case, as he will find by reference to the acts of Corgress upon this subject. In 1S27 the Congre-s of the United States granted to the Slates of Ohio and Indiana a quantity of lands equal to every alternate section, five miles in width along the whole line of tlie Wabash and Erie canal, for the purpose of constructing said work, which the act declares expressly is to connect the waters of the Lake with tlie navigable waters of the Wabash, leaving that point on the Wabash to be selected by the State if Indiana. Under this act the State proceeded to locate said canal to the mouth of Tippecanoe river, and the lauds granted were selected, to construct it to that point. Some years afterwards the State of Indiana believing the question open as to the point on the Wabash where this canal should term nite, proceeded to make another selection of lands for the construction of this great work to Terre Haute. This selection of lands was duly reported to the Commissioner of the General Land Office, who, doubting his authority to confirm the grant, referred the subject to the President, and by him it was laid before Congress. By their action upon the subject, it was clear that they intended, not to make a new grant, but to confirm the selection made under the original grant; consequently there can be no other conclusion than that the w hole grant from the Lake to Terre Haute is one and the same; and that any action of the State to separate the work or the fund is not only injurious to the interest of the State, but is a breach 01 the compact entered into by the State with tlie General Government. It is wrong, therefore, in the Legislature of the State to consider this as a local question, confined only to the upper and lower Wabash country. These funds were improperly separated in the legislative enactments of 1342, and it is improper in the Legislature to continue this separation. The duty as well as the policy of the State is to apply all the funds granted by the United States tj the speedy completion of this work. Had this coarse been pursued heretofore, the canal would now have been completed to Terre Haute, and a proper application of these funds will yet complete this work to that poiut within two years. As to the question of reducing the value of one of these "dogs," and advancing the other, it is a question with which the State has nothing to do: the State issues this scrip as par funds, and redeems it as such, and all the legislation upon the subject should be with a view to its par value. Mr. D. hoped this question would be well understood before it was acted upon, and with a view of giving members an opportunity of examining the subject, he would move to lay it upon the table. Mr. Cassatt said, he regretted extremely that he was dragged into this debate. That he had not intended saying one word upon the subject, as he had given his reasons at length in the report he had just submitted, and he would now content himself with replying to the gratuitous remarks of the gentleman from Noble. That gentleman, said Mr. C, complains bitterly that there was not more ettiquette observed in calling together the select committee that he was neither ticketed or publicly notified to be and appear in the House of Representatives at a certain hour to sit in conclave on this grave question of amalgamating dogs. Now I feel all due penitence for this great error, but in extenuation of my crime, I must plead that the appearance of my old friend from Noble misled me. I did not Fuppose that an honest-faced, hard-fisted old democrat, such as he appeared to be.wou'd be so disturbed about an infraction of the rules of ettiquette. I did not suppr.se that he was in the habit of receiving in his county gilt paper billets inviting hirn to log rollings, &.c, and reasonably supposed that the old gentleman would adhere to his home customs, and receive a friendly invitation in the lobby to consult upon the fate of our dogs. But such was my mistake. The' gentleman not only manifested an unforgiving pirifV ' but in the magnitude of his wrath he proclaims that I have smuggled into this House, without the consent of the members of the committee, the report and bill just submitted. In answer to this charge, I shall only say, that I hold myself ready lo prove that that report and bill was submitted to every member of the committee except the gentleman from Cass, who was not present that a majority directed me to report the bill, and that there was no attempt by me or any other member of the committee to prevent investigation or suppress truth. Mr. C. said further, that he believed the trua reasons for the gentleman's denunciation waa not because he had no opportunity to examine the report and bill, but because he could not delay action on! it. He was hostile to the measure from its introduction into the House, and because he was foiled in this attempt to delay the measure, he chose to denounce me. The next time the old gentleman makes another such attempt, I hope his cbsrges may savour more of truth. ' For the seat of war. Departure of Gen. Scott. -The United States steamship Alabama, Captain Windle, left last night for Brazos Santiago, and it is believed she will immediately proceed from thence to Tampico. Gen. Scott and staff were passengers on board. Company A, U.S. mounted riflemen. Captain Loring and Lieutenants Morris and Palmer; Company B, Captain Sanderson and Lieut. Gordon ; Company D, Capt. Tope and Lieuts. Claiborne and Hawkins; Company E, Capt. Crittenden and Lieut. May; and Company G, Capt. Simonson and Lieuts. Russell and (,ll)bs. aIso ,ctt ln tne Alabama, and destined for JTamptco the whole under the command of Majir Sumner, Major Burbridge being compelled to remair here in consequence of illness. Lieuts. .Newton, Tipton, Taylor, Lindsay, and Ewell, with a detachment of mep, will remain here some days, in order t superintend the shipment of the horses belonging to' the companies, which will bs despatched at the earliest possible moment. X O Picayune Dec 21,