Western Sun & General Advertiser, Volume 19, Number 10, Vincennes, Knox County, 12 April 1828 — Page 1

BY ELIHU STOUT.

VIOENNNES, (1NU.) fcATliltJJA Y, APHIL 12, 1828. Vol. 19. No. 10

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the Constitution is another. And although t tie states may have the power to make compacts, by which a portion of their sovereignty may be alienated, yet it does not follow, ot course, that they have a right to transfer such sovereign power to the Union, or that the Union could receive or exercise such power. The boundary separating fcdcial and state powers, may be properly tailed the balance of our system. This boundary may not be passed, Ipv cither, lor any pur nose; neither to usurpYrVo transfer power, ior in either way woiihfKJnr political system be deranged and the Constitution suffer violence. A stale may have the power of destroying her own Constitution, though totaily destitute of power to interfere with the Constitution of another state, or that of the Union, Suppose a state to determine on its own dissolution.

Could it transfer all its powers, legislative,

priated lands within its own limits, in such manner as its own judgment shall dictate, is a proposition not to bo contiovetted " And in case of Martin against Hunter, I Wheatou, 323, " The sovereign powers vested in the state governments, by tneir respective Constitutions, remain unaitei eu and unimpaired, except so far as they ate gramed to the government of the United Mutes." The authorities aie in diiect sustenance of the sovereignty of the states. The doctrines of international law, and the authoi ity of the supreme court, arc alike clear and positive, that the public domain is insepaiuble from state sovereignty.

One of the most impoitant bills which passed the house of repj csej.ia' iv es at this session, is the bill makii g appt op? iations tor internal improvement. !t is the fust hiil which has passed through ti e h"ust. under that title,

as tar as we ate iniormcu. since the com

lar, and twenty-five cents tor each after n

Vsertion longer ones in tne same p; o o lion, i executive, and judicial, to the lederal govern

vPprjon ifnf!inr Ailvrriupn.rn. ruiut I iiient ? And if astatc could so transfer ail

specify the number of times they wish them I its powers, could the government receive menccment of the govei nnient. Theoppo-

inserted, or they will be continued m. til ord- such transfer or exercise of such powers ? ncnis of a sv stem ol internal improvements,

cred out, and must be paid for accordingly. Surely not. It one jot or tittle ol power not; mane a df-tt nnmcd effort to strike out, and m m ,,mm.mw--mmm-.mM I given by t he ( ' o o s t 'i t u t i on , can be acquired or j then to resliiot the cl-ause impropriating mo

Twentieth Cuwn'CSSlsl SC3Si0ll.ctrcU.c in such way as this, then tatcwtelincy for survey,. e j to the guards against usurpation ot power, j 1 he vole was s

but the t ffo.'t was di feutcd

as to ensure the admiiation of strangers and our proud gratification. " The wonders of the rail road I have with high satisfaction anticipated, and am very eagcily attentive to every thing that concern its progress. Among all the ad antages which my mind delights in foresight to Contemplate, I am ever happy in the addition of a new link to the union between the states; as an object which as it had the tervent wisU of our great Washington, so it wilt have tho last breath of every one ot us Americans " .My grand daughter, Natalie Lafayette, three days ago married Adelphe Ptrier, of an eminent manufacturing family which now has three bi others in the chamber det deputes. My son in law is the son ot one of them, and nephew to the distinguished orator. George begs to be affectionately remembered to y ou and family, to general Har rison and all fiieiids, so does M Le V;seur. You speak of my return to the United States When it can take place I do no- know, and it appears presumptuous at n.y time ot lite to contemplate such distant anticipations. Yet I would be unhappy to think that I should not

have the inexpressible pleasure to revisit tho

Extracts from Mr. Ilcndnck's speech in tl,c '',acC;1 ''' "l? iMst.a"',1 "'f '.usc. as ... ..Mai,. f....i. Mr. ., , . i.i i round the Constitution I rarewel to tnc I pom'.cd rcmar k in t fleet tlu't tli

senate, un mu uiii iu iruuumi; mi; jiiii; ui : 1 . . , , . . , . , & 1 , sovereignty of the states . Lstanlish this the public lands, Sec. i r 1 ! doctrine, and we may live to see a consolidaThe government of the Union is one of li-jt;on of all powcP in the h wis of this gov ern mitcd and specific powers. It was I. a.ned ; n)cht Then, indeed, would the Constitution with i cautious jealousy ol its encroachment! hUC prcscri!;(.fi, in n.in,the mcde ol iis own upon the states, and with the view ol transfer- : amcminuMlt. Vain would b.: the provision, ring from them, and to it, n powers which i lh.u tvvo.tit;urs 0r (:(MilMVSS or v llic slal(;s they could exercise; no pow rs except those j shou)( ?Qr itl c::i!ii., :, ro;,v cntion topicwhich were m their character national, and I posc a,ncmmcrts, an(i thaith, ecfourths o! necessary for national purposes- Its powers J lhc staU,s s)OU,d ((. mx(.SKU H) Ja.,;y sUrh

arc Laiuuuy vuuuic. aieu auu apt-i-meu, amendments. the C oi.stmmnn c u!( be

so decisive ol the s-tnse ot the ; banks ot the Ohio. Feriei and his wilearo

sojeaTous were its frameis, that at er evei) specification contained, it is expressly inhibited the exercise of any powers, except those delegated to itself, or prohibited to the stales. We shall search in vain for any clause in the constitution, which prohibits to the states the exercise of any power comu ctcd with the public lands, and in all the original s ates, ihis power has alwavs been exercised by the states. We sh i 1 s irch in vain for any clause in the Cons i'liliou which au'hoi zc a comroi

nufr rhp tirinpiivilrkiitf'fM ltrvr irrtl'v III the . r

states, their pu!)lic. lands. Tl.U power is not j j,orr pf) n,,,

delegated to the federal go vet nme .t. 1 1 can not be appendant to the wotd lei ritorv in the fourth article of the Constitution ; for territory in our Constitution, our laws and our history, signifies a region ofcountiy without the limits of a state, in and o cr w hich a te: ritorial government is established. We say

the territory ot Indiana ; the territory ot Michigan; but when we speak of the public land, we say the public lands in these terri torics. The public lands in the states. Throne term signifies a political division of the country. The other is ateim by which we designate property But the exercise of tins power by congress, is contrary to the spirit uf the Constitution,

changed by transfei s ol "pow cr horn individual states, or bv compacts with the sevcial stales Si' , said Mr II I by it down as a proposition not to be resisted, that the right of soil Lc taxation, are inseparable Irom the sovereign y ofevery inde'pcfKicnt state ; ant, sir, U sustain this pfoposition. no tl!:er p o')i seems to he re''.-ssa'v tlv.n wHi cita'n'ishi :! dt lini'ions Wl at is sov ct e;;ntv i ;-.nd w !i;;t i , la. I (i. 1o tic w! i'ct s o:i r.;; i i - :! 1 : , or ) the abjt r,' PV ! o.t'inl. Ill 1 . 1 i s ! t ' ! ! 1 i ' i I i I ( I i ; . t .. i i i L

esit to!

m e s t : i s . I ! !) it lio'

We

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found in national law apj lic!; hut wc must he p- : mi: u d. that th sovn c'r,n' y o' the sta fectiv d.'st ! ,;v i by the- I'm,!..!..

!(mt! g-ivrrp" . at, as not i ' J the principle ol inl'. v n ,.i i haps by ? wr i ,,-.-s o:

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i dent state, in poof oj miv, jnop'.ition, 1

shall refer hc senate to some authot iticb. Vattc!, page 1 a, says, that " th? gt nf rd do nvain of the nation over t lie land it inlu!;ts, is naturally connected with th cmpiie; fores tahlishing itself 'm a vacant country, the nati on r ertainly did not pretend to hav- the least dependence there on any other power ; and

which aspires to national objects, unlike that j how should an independent nation avoid hav

under consideration ; national concerns, such as the states are incompetent to legislate upon. The inteicsts submitted to the ledeial government, are those of peace and of war, of the army, the navy, the commerce, and t heforeign relations of the country, and of such system of finance as may be found necessary to giv e active energy to these great inteicsts One of the principal difficulties in the formation of this government, wcs to designate the boundary betwixt it and the states ; and it seems to have been the care of the trainers, to avoid, as much as possible, all municipal legislation; the regulation of local k domestic concerns. It seems to have been intended that the federal government should not en gage in that which the states were competent to do. Now, sir, test the present case, bv a

ing authority at home f Another's sovereignty and the right it comprehends, must take a way ils ftcedt m ol disposal." This authority would itself he abundantly sufficient to ptove the proposition laid down The high character of its author must be sct at naught, or it cannot be resisted. But I shall make another quotation from the same hook, which, if the author of the compilation had written with our system before him, and with reference to no other form of govei nmcnt, could not be more applicable to our affairs. It is to be found at page 3, and is in these words: "Several sovereign and independent states may unite themselves together by a perpetual confederacy, without each in particular ceasing to be a perfect state

They will fotm together a ledeiai republic.

IcDufiie the

nei C wxm e not

more than sixty members in the house who had any donbt that c ngre-s posiescs the power to appiopriate money tor that object, and that unless the eleouencc of the other party had made comeits of a sufficient num

ber to turn that n.aj .ri'y, it was. unnectssaiyi

to take up the time of the house in answer n-g their objections, lie avowed that he had taken the responsibility of christening the bill, as it stood before the house, because: he was desirous of calling things by their light names. Af'cr this explicit declaration, the house passed the bill, and by a large majority refused to change the title. The house hr.ve thus unequivocally expressed their opinion, for five successive sessions, thai it is both constitutional and cxpe dit nt fc.r congress 'o appropriate money for internal improvement. Notwithstanding the many individual declarations on the floor, that nm-res in their legislation ought to disi egaid pi to cot tc, there must be sometime whftt pt-inrip'cs are to be considered as sct-t;..-d A s tTg.v-dr. the qm-Mion of internal im--.me nv ... that time si cons now to have ar lived, and further oppn:-.i'ion to that policy can on1', nc i'.:,ked upf-n as fruitless. Wo hi'-k ;:'. !:s vote as ii di( ative of the

Chesapeake and Ohio canal ! hm.-incv-s of the house will hi op. I', i, is been i.iSovvt'ia t! i;-. ir. a national object, i lit r clnre, it claims the aid ol

; . " i worn

d l- J sn'.Tcrs,

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h!il. w I if !.C p' ; mil i' 'c : " d c-ti ail j..:, ( u that g '"in the c;en-ra'

nv of those rules, and wc must come to the ! The dclibcratiotis in common, will offer no vi

conclusion, that with this matter the federal ulence to the sovereignty of each member, government has nothing to do. The public though they may in certain respects put some lands create a field of municipal legis ation, i constraint on the exercise of it, in vii tue ol inconsistent with its general purposes, and the j voluntary engagements " evident intention of its frameis And if in a- ! Am! what is the condition of the new states, ny degree correct in this view, the compacts j in reference to their public lands ? Is no vioarc unwarranted by the Constitution ; and il j lence offered to their sovereignty ? What we so, arc not binding on the states. j complain of is, that you have r ot only put icTlic federal government had, in his opinion, ! straint on the sovereignty of the new states, no constitutional power to hold lands within ; but that you have taken that sovereignty entire limits of the states, except for the purpo tirciy away. scs designated by the Constitution ; such as ! I will, said Mr. II. trouble the senate with forts, arsenals, dock yards, and other needful I but one other quotation from this author. It

buildings; and to enable congress to hold

lands, even for these purposes, the consent of the legislatures of the states was nccesrry. bv the express language of the Constitution In a question of such vital importance to the new states, it would surely not be thought unreasonable that they should scrutinize tic

pnvtcr which takes from them the public

is to be found in page I 65, and is as follows : tk What is called the high domain, which is nothing but the domain of the bodv ol the nation, or of the sovereign w ho represents it. is every where considered as inseparable from the sovereignty." The authority of Vattel is very positive.

lie lays it down as a proposition im onliovcr t-

lands within their limits, impairs their sovo- 1 iblc, tfiat the ngdit ot disposing of the soil, the reignty, and deprives them of equality with: right of high domain, is inseparable from the

the original states. It would be at least some , sovereignty. Look, too, at the decisions of consolation to know that the power which j the supi cine court : and sin cly this authority prostrated them at the feet of the Union will be considered in point. Inthccascof which assigned them a level lower than that I Fletcher against Peck, 6, Cranch, 128, Judge

of the original states, was based upon the con-1 Marshall, in delivering the opinion of t he

stinition The power of the states to make compacts, aaiel Mr. II. is one thing, and the balance of

court, say s-4. That the legislatureol Geor gia

unless restrained bv its own Constitution pos

sesses the power of disposing cf the unappro-i Europe, namely in France and Paris, is such

,vrrnme-nt. Congress basal-

i cadv taitcn i; in the lcuwari anc v,nes-

apcakcinthe Dismal swamp, and the Louisvide ( a' tds. i cannot, therefore, be contends! that these i-. any novelty inthe principle or in the. practice The route has been surveyed, rc examined and surveyed again; ar.d every examination has resulted in a moic settled conviction of its practicability and importance. Now, therefore, that congress have exhibited their disposition to advance these rrreat works, we 'nave the Miongcst ground for expectation that Shis most national of all these v oiks, will receive the ccuntenar.ee and aid off. ur national legislature. A'ut. J'jur. MoTgan Neville, Esq of this city, has received n letter from general Lafayette, dated at La Gaangc, on the 13th of January. As cverv thing respecting that great and good

man is interesting to the public, wc have been

permitted to make the following extracts from it. Cincimiati Caz. " At the very great distance that separates us, my dear sir, communications are slow, and the chance of accidents unlikely I much re gu t to hear by your letter that none of mine had reached Cincinnati. Be assured, however, that while peculiar ci; cunistances of my rdterv'.nn lav upon me duties, correspondence and . -catirns, not quite proportionate to the nun. 1 er and length of the hours of the day, iii v i noughts, and my alTections, ai e very constantly wandering on the side of the Atlantic which it is mv misfortune not to inhabit ; and that the impression made upon me by.my happv, though too short and limited, visjujo the state of Ohio to Cincinnati to my )- miliar friends is as fresh in my heart as at

the very hour when wc parted on board the!

steam boat, li err ember me most afieclionatclv to Mrs Neville and your family, to your good mother, to general Harrison and all other friends. u Continue to l ave the Cincinnati papers forwarded they arc a great treat to me None of your brothers has made their appearance. How affectionately they shall be wel comet! by the whole family 1 hope I have no need to say. "I see you are not quite satisfiedoV fc count of some rumors that have been spread Be assured that the accoun' published from one of my Inters to judge Peters. Philadelphia, are per fectly correct. Mr Wot tilington, or any of the western travellers, you may

have occasion to see, will moreover tell you, that the conduct of our young Americans in

aheady 'anticipating together the enjoyments ot a visit to the United States One ot my g'and sons, by my daughter Virginia. Esteync, will go in two )ears, and George's two boys some time after him. Adieu, my dear friend, most affectionately, and in fiatcr nal, pa'ernal remembrance of the two names you bear, I am yoi.r Id friend, I.AFAYEi IE" 'I he letter also mentions the change in tho French ministry; and states that the Libtral minority is very imposing in number and talents. The successors of the Villelc party are "akin" in sentiments to their predecessors, but it is believed they will tako mor e pains to conciliate the people. ON THE CHOTPINGS AND CHANGINGS OF THE MiNisiHY From Cobbeti't litgister To the King When he end shall be near, there shall be as there was in France, everlasting choppings and changings in tho minis' ry; arid, per h ips, at last no man will be found to touch the concern, unless it bo some one, actually destitute of a sufficiency of food and ot laiment." Register, 19; Jan, 1819. May it please your Majesty We are informed by the London papers that lord Goderich has actually resigned his office as first lord of the treasury and premier. It is stated that one of the causes is his ill state of health, or lowness of spirits, occasioned by the death (last year) of his only child It is cuiious that this cause should operate thus now, when, several months r.caiei the timo of its taking place, it did not prevent l.i loidship fiom taking upon him the cfT.ee ot frst minister! This is curious ; Sc besides, skc tiiat event took place his loidsr.ip has had a son born to him, so that he is not chid ess; and, as it happens, the child that diid was a daughter! This, therefore, is a talsc pretence, set up, not by lord Goderich. but by tho vile London newspapers, which arc ni bble to account for his resignation without some such pretence. Anotncr cause is said to be, his lordship's alarm at the financial difficulties ot the country. This has more sense in it ; bur this will hardly be alleged by his lordship, vvhi has been an active member of the ministry for tho last fifteen years at least. However, those repoits are succeeded by another, that he has, after resigning, gone brck into hisofFice. after lord liar row by had b en sent for by vour majesty, had the post offered him, and had declined to accept of it I The end" does, appear to be approaching ; and the effects seem to be such as are descr ibed in the words of my motto, making part of a Register written more than eight years ago. The office of prime minister of England, which was formerly too high, too brilliant, and precious a prize, for ordinary men to look at, now goes a begging! Such a state of things never existed before ; Sc this was not anticipated by any human being except myself. Your majesty having, as it is re

ported, really offered the prime ministership to, and received a rejection Irom Dudley Ryder, must, I presume, and I may fairly presume it, be in great distress to find a minister. Now, I myself am just as much your majesty subject as Dudley Ryder ; I am not very far from being as o'd as he ; arid there is not one man in your majesty's dominions who will not unhesi'atmgly declare that 1 am a thousand times as fit to be your minister as he is ; and that I am, at this moment, more fit for that office than any other man in tho kingdom. If your majesty were to put our people to the vote, you would find a majority of twenty to one for the afTinnation of this proposition. I therefore, by these presents.' fT r myself to your majesty as prime minister of your kingdom, and particulaily as minister of the money matters. I do this in perfect seriousness ; I put tho offer upon record, in order that I may refer to it, and that others may refer to it ; 1 tell your majesty, that it is my opinion that a dreadful convulsion will arise ; that destruction to property, and that daogcrs tuIfcxiEgs, iuch

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