RATES OF ADVERTISING. tour lines or lessconstitute half a square. Ten lines more than four, constitute .a square. sq ., one day.-- SO 30 One'img.,..onstday,.--. so oo I one week. —3. 2A 66 one week.... 200 " one month.. 800 " one month.. 600 46 three months 600 " three monthslo 00 in six m maths.. 8 CIO " siz months.. lb 00 4 one year..... 12 00 " one year —2O oo cr Business nation inserted In the Loos'. Oottons, st wet..te marriages and deaths, 515 oasts Pan Liss for eh Lisertion. To merchants and others advertising w the year, liberal torms will be offered. - 117 The number of insertions must be designated on ),e advertisement. gr Marriages and neatiumillbeingert"" th !" l° . stews as regular advertisements- . • Business dabs. ----- ROBERT BITOPeRABS; ATTORNEY Ar LAW, Office North Third sired, third door above Mar ket, Harriebiiri, p a . • N. IL—venom, Bounty and Military claims of all kinds prosecuo d and 461166 , 41. Refer to Mod Alm O. Mattel, David" Mamma, Jr., and R. A. Lambertork inyll-41tirtim wM. NILLER, R. E..FEitiaIIRON, ATTORNEYS AT . LAW. OEFICIE IN • • SEIGEMAXER'S BUILDINGS SECOND STREET, BETWEEN WALNUT and IttAIMICT SQUARE, ap-211w*A Nairky opposite the Buehler - Abuse. Ta"- 0. MAAIDOW.E.,IUL; AA'"I7OFbNEY AT LAW, MILITARY CLAIM AND PATENT AGENT. Office in the 'Exchange. Walnut at., (Up &am) Hawing formed s connection with ;settee in Wash ington Oity. wno are reliable business men, any busi ness connected with any of the Departments will meet with immediate and-darefal attention. t i lt. C. WEIOHEL, svEuEQN AND PCI7I.TST, - RESIDENCE THIRD NEAR NORTH STY.II2. He le now folly prepared to attend promptly to duties of profession in all its breaches. A Lowe AID scroonserm. WADIOAL larinnims justifies him In promising fail and ample satiefiation It all who mayfavor klmerith a aall,bethediasaasOhrOmis or say atlas? gitars_ MILITARY CLA' MS AND PEN SIONS The undersigned have entered into an association for the colleetion of Military Claims and the securing of Pensions for wounded and disabled soldierb. Mester-in and Muster-out Bolls, officers , Pay Bolls, Ordnance and Clothine returns. and all paters pertain ing to the military amino will be made Olit prcpaly and expeditiodillY Office in the Bxchange Building., Walnut between Second and Third streets, near Omit's Motel. Harris bn g. Pa. - THOS 0 MACDOW.L.6, je2s dtf THOMAS A. MA.GULBB. .I.li-AS WARD. No. 11, NORTIT CIIIILD IT., 11.01218131:118. STEINWAY'S . PIANOS, YSLODRONS,I7IOLINf3, GUITARS, Bellies, - Flutes, Fifes, Drams, diceordeoss, 1111.1.110 M, WIEBBY AID iOO/1.11111.04 &L &Sly PRO TO GRAPH FRAMES. ALBUMS, Large Pier and Mantle Mirrors, Square and Oval Warns of every description made to order. Reguilding done Agency fee newels sewing Machines. 117 Skeet Masie sent by Mail. oetl-] J OHN W. GLOVER, ' MERCHANT TAILOR Has just-received from New. York, an assort. ment of SEASONABLE GOODS, which he effete to his eeetonters and the pithe nov22) MODERATE PRICES. dti SMITH & EWING, AT TOILNEYS-AT-LAW, IRIRD - STREET, Harrisburg., • Practice in the several Court& of Dauphin cone*. Col lections made promptly. A. 0. MITE, J. B. KWING. I COOK, Merchant Tailor, 0 . 2T 1:11ESSNIIT ST., between Stoma emilfront, Has Jost renamed from the city with an assortment of CLOTHS, CASSIARRES AND tESTING:S; Which will be sold at moderate prices and made - up la; order; and, also, an assortment of TISADY WADI clown sag ikictlentemils Nuraislili noW2l4yd D 'FANTISTRY. B. X Klink, D: IL 4 0 xo. 119 MARKET STREET, £BT & HONK L'B BUILDING, lIP STAIRS. janB-tf • RELIG-I - 0118 BOOK STORE, raArr AND SbIiDAY SCHOOL DRPOSITORY, S. S. - GERMAN rr Ellrra 81001CD8Y21117, &BOU 0113131117 T, ZAIIIII/17Ia, Depot ferns sae of Sterawoopee,StereoseopieVieva, Mud. and Pliugpsal Institinenti. Also, inteariptlon• takenfacjeligioupubliestiezur. aoBo4ly joHN G. W. MAILTIN FASHIONABLE OARD - WRITER, HAMM noTAL L assiusguse, PA_ Allmannerof TINITINCI, WEDDING AND NEW NESS CARDS UMW *the moat aralstio ityles and mast reasonable terms. 1111444 U UNION HOTEL, Bilge baulk . comer, .of Broad street, ItA4LRIOMA.G, The ruidersigned Informs.the public that he bill TO can* renovated sad refitted hie well--known w Tinian 1fe1..1" on Midge avenue , near the Around limns; travel is prepared town= nowise citmeo; et-angora Mid travel era in the east style, at moderate r .tee Hie tabiewiltbc eimplieo walk-the beat the misstate afford, sad at hie bar WI I be ionod superior' trends of liquors and newt beversee. The ve7 begb- aedenune dalehe rae mil/resders employed at the chops ln this vicinity. ran dal ARNIM BOSTIMIN. . , . FRANKJAIN HOUSE,. DALTIMORB, 111 D: This pleasant and commodious Hotel has been the nimbly re-tfted assUre-lasnialsed. • It iv p l eueilt l 7 situated en llettliMbft 46mMe of Nowak& and Dranklin streets, a few doors west of the Northern Central way Depot. library attention paid tolls° comfort of kis vests. G.I.NIIINNNING, Proprietor, ml2.tf amt. of Senna Grove. -Pa.) TILF.O. SCHEFF,EII, O ROOK, CARD AND JOB PRDITM NO 18 IiIdRICAT STREET, 114R.1Mari/4. • Er Paranoias attention paid to printing, ruling mid binding' of Railroad Blanks, Manifest., Inautantie Poll idea, Ohealin,Bill-Reada, &c. Wetting, .Irikting and Bub:MR Cards printed it low prieSS and in the best style. TATIAdRING. Ci- . 1:7 gar . The eubeeilber U ready et NO. 94, 9 11.410C18T ST., four door bolo* Fourth .treat, to make MFN'S AND... BOVB CitOTRING In any desired style.' and with Skill- and promptness. Pergolas wishing Getting done can have it done at the shortest notice ap27-4117 CHARLES F. VOLLMER, UPFICHASTERER, chestnut street four doors aboia Second, (Uproar Wasanialom Hon HOWL) Is prepwred.to fu rnish to order, in the 'Wry best style of workmanship... Spring end Flair Pdattreages, Window Ont tains, Lounges. and an other articles; of gamut:me In hi' line, Oa abort.4lCieols sna moderato tecT44, 8101011" perigees in the business, he feels warranted in ashing ■ share of public pstronags, aonadont of hisabilityto gin satiffraction. janl7-dtr QICY—L'OHT GALLERY.—The rooms on th- cor e- r nt Mfeis@t %nue and Market forret, oPon. - qc. the Jones Hone, ooeupik as a eatery for Itit2uo , reotyp# , . Photograph and Ambrotype 4..nrporea, are VOA A LICP from the 9th of flept.robor APPIY to VOILN WY RTII VOL. 5,-NO. 298 AY& -4 1 - Atf INFALLIBLE LINIMENT GREAT EXTERNAL REMEDY, POE RHEUMATISM, GOUT,• NEURALGIA, LUMBAGO, STIFF NECK AND lOIN,TS, SPRAINS, BRUISES, curs A WOUNDS, PILES. HEADACHE, and ALL RUM MATICind.NERVAUS DISORDERS, For all of which it is a speedy and certain remedy, and never fails This Liniment is prepared from the faaipc of Dr Stephen igwa , t,sef Oonnaeticnt, the fa. mous bone setter, and has been used in his practioe for more than twenty years with the most astonishing aw eless. AS AN ALLEVIATOR OF PAIN, it is unrivaled by any preparation : before the public, of which the most shentical may be convinced by a single trial_ Tbie Liniment will acre rapidly and radically. BHSV• NATIO hISO.RDERS of ever, kind. and in thonsendil of cases where it has been used it has never been known to fail. ELM NEURALGIA,it will afford Immediate relief in every case. however distressing. • 4 11 will relieve the wont closes of HEADACHE Three minutes ilnd is warranted to do it. TOOTHACHE also. will it oureinetently. PIER Nan- vow DzoiLirr AHD 0-ENTERAL LASSITUDE, arising from imprudence or excess. this Liniment is a most happy and unfailing remedy. Act inic directly upon the nervous tisanes, it strengthens mid revivifies the systeni, and restores it to elasticity and vigor. FOR PILES.—AA an external remedy, we claim that it is the best known, and we challenge the world to pro dues an equal ivory victim tot this distressing COM plaint should give it a trial, for it will not fail to afford immediate relief, and M a majority otca.ses will effect a radical care. . QUINSY awi SORE THROAT are sometimes ex tremely malignant - and dangerous, bats timely applica tion of this Liniment will never fail to cure. SPR INS are sometimes very obstinate, and enlarge ment or the Jointe is liable to occur if neglected. The. wingt, 044 * 47 La &smeared by this Liniment in two or three days . BR RISES CUTS, WOUNDS, SORES, ULCERS, BURN:.: awl SCALDS, yield readily to the wonderful healing properties of DR. SWEET'S INFALLIBLE Wald ENT, when used accordiew to directions. Also, CHTLBLA.II&. FRoSTED FEET, and INSECT RITES and, STINGS_ EVERT HORSE OWNER should hove this remedy at hand, for its timely use at the first appearance of Lameness will effectually pre vent those formidable diseasea to which all. hottles are liable and which render Do many otherwise valuable horses nearly worthiest'. Over tour hundred voluntary-testimonials to the won der-fa curative properties of Thin Liniment have been received within the last two years and many of them from persona in the highest ranks of life. C ►UTIOIir. • To avoid imposit on, observe the Signature and Like ness of Dr. Stephen Sweet on every label,•and 'also fi Stephen Sweeta Infallible Liniment " blown iri the glans of each.bottle, without which none are genuine. RICH %BOSON lc Co., Pole Proprietors, 'Norwich, Ct. For sale by all dealers. spllerow4l&w fp F. WATSON, T. MASTIC WORKER ♦ND PRACTICAL CEMENTER, Is prepared to Cement the exterior of Buildings with, he New York Improved Water-Proof Mastic Cement. This taterial is different from all Other Ordirente. It forms a solid, durable sdhisiveness I to. any surface. imperieh•thle.hy the action of water or frost. Every good building should be coated with this Cement ; it is a perfeet preserver to the walls..and wakes a beautiful, fine finish, equal to Eastern brown sandstone, or any ewer desired. Among others for WItOM I ISTO Mamie Cement, I refer to , the following gentlemen t J. Bissell, residence, Penn street, Pittsburg, finished five 5 ears. J. H. Shoenberger, residence, Lawrenceville, finished five years. . • James Ill'Oandlass, rsidence, Allegheny City,finished live years. • Basin Adams, residence, Third et eat, finished four yeitre, A. Roessler, residence, Lawrenoerville, finished four years. J- 1) M'Cord, Penn street, finished four. years. Hon Thomas Irwin, 'Diamond street, finished foitr years. . • • St Charles Hotel and Girard House, , finished fire -years. Kittanning Court House and Bank, for Barr & HOW, Architects, Pittsburg, finished fivs.years. Orders received at the ffice of It SPl4ldowney, Paint Shop; 2s) Berentli street, or'please address T. F WATSON, mayl6-tf . P. O. Box 1346. Pittsburg, Pa. • W II SSRS. CIWK:ERINGF & CO. /LIFE AGFAI'N 01314 IiTED T • O'.L . 10 111 A•L! MECHANICS' FAIR, BOSTON, NELD VIZ 11011171Mie WM, 0 fllt 8/2%er comPgrzroast Woreroom for the OHIOIEBRINSITANOB, at Honig burg, at 92 Market street, oeM-tf W. KNOOMIPS MUSIO STOII. ADINS YOU iD OIN Nt'BRE :You ran get fine Note Patent, InveloPea: . Tiailing and Wedding•Osrde? At legaselTEß , B BOOKSTORE -SUPERIOR - Wit DOCK, in., & CO., are now . ;able ,to offer to their etudo.uers and tee public at l‘rge, s stock., of the pmt liquor! ever, ,iipportedißto this market, compri sing in part the roflowins Terictfcs ' WHISSicSCOTCI - I.OLD BOURBON: WINE--PORT, SHERRY, OLD MADEIRA. OTARD, DUPES & CO. PALE BRANDY. . , JAMICA SPIRITS. PRIME NEW INOLAND RUM. DRAKE'S PLANTATION BITTERS Thais Mears mut all ha winonntedi and In addition to them, Dock & Co. have on hand Ala taristy of Wines, Whisky- and ;Brandy, to *hick they invite the partial:day attention of theVublio. EBSTE Et't3 ARMY ,&IVD NAVY PaCKET DICTIONARY. Justreaetved and for sale at 13OH.EVDIR2B BOCCKSTOBIi VEW ORLEANS SUGAR I--FinsT IN Tim Maims, !—Por sale by -Iyl2 WM. DOCK IL , aOO OR SALE.-A TWO•STORY/FRA.MS la /Short street. Inquire of NeplKOtt W. X. VERBILIII. jylB4lswaw - - . . r -,,•:4.,,,4! „ -,1_,,-..., 1 .-. 1 _....f.. • . . 7----i.-, ..._V- , -...... L. -- .".4 ---,, •- , ,,,,, h, ~..x . . . : q 1 .' , ... . . 1 -I 1 1 I - • .. I , i ,_. n . . Metiral. DR. SWEET'S EMI 10Thongo AT TWO HARRISBURG, PA., TUESDAY: AUGUST.IB 1863. CIF ' 4 l *lot it. 141 inn. TUESDAY MORNING, AUGUST 18, 1868. STATE• RIGHTS AND STATE ItENEDIES—No. 6. To His McNerney A. G. Curtin, 'Governor of Penn:wive/tie: RESPZOTAID Sin :Lin this contest of 1800, Mr. Adams was contending not merely for another term of four years,'but for the mainte nance of 'a ehief magistraey tint boat for WO But the principles of free government and State Bights triumphed—the great champion of mon archy was overthrown and left the seat of gov ernment like a deposed king, who hare' that the loseof power would be followed by the loos of his-head. The accumulated meohinery and trappings of latent monarchy were dissipated by the election of Thomas Jefferson, which gave assurance that the goVernment would'be restored :to its original designs, and move smoothly - on, cultivating and Promoting the in terest of the people for whom it was made.— The struggle was a fearful ohs on the part of the Democratic party, and east vest odds. But the mighty work was undertaken by the virtu ous patriots of the day. Victory crowned their efforts; and with gratitude they beheld 'on the 4th of Mareh'lBol Mr:: Jefferson installed President of the 'United Steles. Before I refer to his ineugural 'address, let me call your attention to some historical factm exhibiting the views Mr. Jefferson:had and held pr.evions to and at the time of forming the Fade ral Constitution. As Mr. Jefferson was absent from America both during the session of the convention which formed the constitution, and while that alit *as under discussion in the several States, Mr: - Madison had transmitted to him at Paris, a copy bf the Constitution that was to be submitted tool the States for their ratification. Of the great mass of it he en tirely approved. But there were points, how ever, to which he had 'objections—some lees strong and some insuperable. - And his letter to Mr. Madison. dated Paris, December 20th, 1787, [I would like to give it in detail,. but its great length prevents it.] he says: "I like much the genertindes of forming a government which should goon of itself peacea• bly. * * I like the orgenizaticin of the gov ernment into Legislative, iludioiary, and Bee- . cutive, &o. I will now tell yoU what Ido not like. First, the omisitioni of a bill of rights providing clearly, and, witheut the aid of sop& ism, for freedom of religion, freedom of the press, protection against standing armies; res trictions of monopolies, the eternal and unre inittiog force of the hab4aa corpus laws, and , trials by jury in all matters of fact, triable by the lawe of the land, and not by the laws ar nations," /sc. In another letter to Mr. Madison, dated. July 81st, 1788, he remarks : "I sincerely rejoice at the acceptance of our now tooevirwvivvvisruovr - fh,vvvv, canvas, on which some strokes only want re:- touching. What these arc, I think are suffi ciently manifested by the general voice from North to South, which calls for a bill of rights. It mama pretty generally understood, that these should go to j urirs—kabeastotpus, standing ar miee, printing; religion; and monopolies.. * -* - Why euepend the-habeas eotyius in insurrections and rebellions? The parties who may be ar refeedi may be charged instantly with a well cleaned crime; of course the judge will;remand them. the public Safety., retittirOS that the government should baron man imprisoned on lest probable, testimony in these than in ether emergencies, let him be taken and tried, reta ken and retried while the wectssity continues, only giviug him redress- against the govern ment. * x 4 E - ~ I hepe, therefore, a bill of rights will be formed .to guard the people against the Federal government, as they are already -guarded against their State govern ments, in most instances." Many of these objections of Mr. Jefferson were, as we have seen, obviated by amend ments to the eonstitutiOn. When he was' Vice President with Mr. Adams; no man better knew - the feelings and prinotples of President Adams, thah Mr Jefferson. He bad seen his efforts to convert our republican system of government , into an elective monarehy, and he warned the people accordingly, and in my No. 3 I gave an extract from one of - his letters written at that . . time. I shun' intrbduoe one Or two nentenoil train the same.. He Bays:, ' "I do, then, with sincere zeal, wish, an , violable preseriation of ,ettr present Feder - it' Constitution, aooording to the true sense in which it was adopted by - the States, that in• which it . was advocated by its friends, and not that. which its enemied -'appteliendod, who, therefore, become its enemies; and I am op pore,d to the monarchising of its features hy the forMs of its adminietration, with a viewto oonoUiate a first' transition to a President and Senate for life, and, from that to a lierediiary tenure of these offices, and thus worm 'ont the electlie principle.' I am for preseiving to the Stafes the pOwe're not yielded by them-to the Union ; and to the" Legislature of the Union .its Constitutional shire in the division of pow; ere ; and I am not for transferring alt the powers of the States to the general ',Government, and all share of that gOverninent to ate Executive branch." The inaugural of the 4th of March; 1801, increased the reputation of Mr. Jefferson, and like the ettracite froM his former writings, was worthy of" the pen which drafted the - Declare• Lion of Independence. It .hie often been re ferred to as containing the manual of democ raciand the-theoretical outlines of a free gov ernment. We shall here introduce a few en tracts from it, ac exhibiting the liberal and pr triotio principles of the man. He says: " About to enter, fellow-citizens, on the ex ercise of duties which 'Comprehend. everything dear and valuable to you, it is proper you should Understand •what I deem the ertential i prinisiplee of our government, and c 'nse quently, those which ought to shape its admin istration.' I will .00mpress. them within the, narrowest, compass they will bear. stating the general principles. but not 01l its linktations. Equal and exsat justiCeLto all Well of whatever mate or permasion,religtluz or political; peace, commerce, and honest friendship with all na tions—entangling affianced `with none—the support of the State Overnments •in all their rights. as the' most competent ailmicistrAtion for domestic onitccriii, nod 4110 suren't , olwal.ks •against the antiLrepublicen tendencies—the preservation of tbe Genera. Governmaut I'd its I whole constitutional rigor, as , the Wet anchor of our peace at home, and safety abroad— a jealous care of the right of election by the peo ple— 11. * —a well disciplined militia, our beat reliance in peace, and for the first moments in war, till regulars may relieve themthe supremacy of the civil over the mil itary authority-- * * —and arraign ment of all abuses at the bar of. public rea son—freedom of religion—freedom of the press, and freedom of person, under the protection of the habeas corpus, an& trial by juries impartially selected. These principles form the bright con stellation, which has gene before us, and guided our steps through an age of revolution and reformation. The. wisdom of our sages, and blood of our heroes, have been devoted to these attaistoents. They elsoald be the, erne& of our political faith—the text of civic in struction—the-tombstone by which to try the services of those we trust—and should we wander from them in moments of error or alarm, let us hasten to retrace our steps, and to regain the road which alone leads 'to peace, liberty and safety." Here we see Mr. Jefferson proclaiming the same principles that he had done to - lir. Mad ison in 1778 and 'BB—and in the Kentucky resolutions of '9B. His first acts were to open the doors of the loyal bastiles and liberate the martyrs of liberty-Cooper, Freese and their compatriots, victims of the first reign of ter ror. The Allen and addition la*d cast aside, the fourteen years' naturalization laws repealed, and every other tyrannidal act of that adminis tration, the States restored to their inherent and reserved rights, and the Federal Constitution administered according to its letter and spirit, the people rejoiced and were exceeding glad to find themselves once more enjoying the bleesings of comstitutional liberty. But Mr. Jefferson's administration was attacked by virnlenee and acrimony—the opposition press charged him with every offence in the catalouge of crime. Bat the period for a new election was now ap proaching,.and so much had' Mr. Jefferson's popularity increased during his administra tion, that he was elevated 'a second dine to the presidency, by a majority which had risen from eight votes to one hundred and forty-eight, he was sworn into office on the .4th of March, 1805: Mr. Jefferson entered upon the arduous duties of his lofty station. deeply im pressed with the confidence reposed in him by his fellow-citizen& ; and he 'asserted his deter mination, as he believed it to be his duty, to be guided solely by those principles which ,had thus peen sanctioned by the unequivocal approbation of his countrymen. Mr. Jeffer son thought proper to notice - the abuse of the press in that inaugural. He says : "During this course of admit/aeration, and in order to disturb it, the artillery of the press has been levelled against us; charged with whotsoever its licentiousness, could devise or dare. These abuses of an institution so im portant to freedom and science are deeply to be regretted, as they tend to lesson its useful ness and to asp its safety. * * * Nor was it uninteresting to the world, that an experi ment shduld be fairly and fully made, whether freedom of discussion, unaided b_v_nnwer-ia no t o t,ffident for - the peopts - gition and protec tion of truth. Whether a government, con ducting itself in the true spirit of the Consti tution, with zeal and purity, and doing no act which it would be. unwilling the whole world should witnees, can be written clown by false hood and , defamation. The experiment bas been tried, you have witnessed the scene, onr fellow-citizens looking on cool and collected. They saw the latent source from which' these outrages proceeded. They gathered' around their publin functionaries ; and when the Cori stittitiOn Called them to , the decision by. suf frage, they pronounced their verdict honorable to those who had served them, and consolatory to the friend of man, who believes that he may' bo trubted 'with the conduct of his own affairs. No inference is here intended that the laws proyided by the stutes.against false and defam atory publications should not be enforced. * * But the experiment is notice•to prove that since trith and reason have Maintained their ground against false opinions, in league with: take facts; the pre9s, confined 'to truth, needs no other legal restraint. The public in/iv:nett will, earliest fals e reasonings and 'opinlone, on afnll beafing - of all partiei, and no other definitelline can be drawn between the inestimable liberty of the press and its demor alizing lieentiousnVes. If.there be still inspro prieties which . this rule would not restrain, a supplement must be sought in the censorship of public opinion." Precious words— “ Like opplie of ollyer in plotnreo of gold " He belieitee in the"intelligenrie and patriot ism of the people. 114 1 Maintained the'Princi ple that to speak his thoughts was every free man's right." 'Therefore, he aid riot call to his aid sedition laws. He did'uot depute a Butler, a Burnside, or aßeh'enak; to Imprison 'citizens 9r editors for liberty of speech or press. He did not call - atorind 'him hordes of irresponsi . ble provost marshals, armed With lefties' de cachet, to arrest American citizens and flippant • tongued women. After his second term ex - . pired, Mr. Madison was elected, and admiiiii tered the Glovanmeot for two terms. He was succeeded by Mr. Monroe. Their administra tions, like that of Mr. Jefferion, were Conduct ed on the principles of State 'Rights and' can federation, Mr. ITObn' Q Adams 'succeeded -Mr Monroe, and, life Mr. Lincoln, was a mi nority President, although elected 'under the form of t'oe Constitution. Let us see what were his views en 'the powers of the Federal Sinv . ernmint and &ate Mena In his 'message to Congress of December, 1828, he sa:Yi: . " .The United States of America and the peo ple of each State of Which they are composed are each of them sovereign powers. The hgisla rave authority of the whole is exercised by Congress, under authorit} granted them in rho common Conetitutioti. The l e gislative power of each Sate is exercised by assemblies, de riving their authority from the Constitution of the Slate. Each is sovereign within its ozonp,or ince. The`diZposition of power between cheat - pre-supp sea that- these authorities will move in harmony with each ocher The member§ of the State and General Governments are all under oath to support both, and allegiance is doe to one and to the other. The case of a con-. At between 'these two powers has not been sup posed, nor Of any proOdifift been made for it in our institutions, as a virtuous nation or ancient times existed more than five centuries without a low for the punishment' of parricide. More than once, however; in thesprogress of our his tory, have the people and legislatures of one or more States, in moments of rzeimment, been instigated to this conflict ; and the. roeins of I effecting this- Impulse have been ailegatione PRICE TWO CENTS. that the sots of Congress to be resisted were unconstitutional. The people of no one State have delegated to their Legislature the power of pronouncing en act of Congress unconstitu tional. Bat they have delegated them powers, by the exercise of which the execution of the laws of Congress, within the State, may be resisted." Mr. Adams was considered metiphysical in many of his writings, but here admits the rights of the States and their remedies against an act of Congress, where they exceed their delegated authority. Mr. Adams was well acquitinted with Chief Justice M'Keon's decis ion in the case of the Commonwealth vs. Cobbet, in 2 Yeats., 859, MO and '6l. refusing to per , mit the defendant, who was an alien, to remove his fee into the Federal court, notwithstand ing the positive provisions of the 12th section of the United States judicial act, and in this decision is to be found the divisione of power between-the Federal and State governments. The court overruled themotion on the ground thatlbe sovereign Suite of Pennsylvania - could not, on acieount of its dignity, be considered before the Federal Court; also the decision of Chief Justice Tilghman in the case of Gideon Olmstead in 1809—for particulars of the case, see vol. Bof Hall's Lay journal. I will give sa extract from the decision of Judge Tile". mania this case, as it speaks for itself. He t nye : 4, The United States have no power, legisla tive or judicial, except what is derived from the Constitution. When these powers are clearly exceeded the independence of the States awl the peace of the Union demand that the State courts should, in cases brought properly before them, give redress. There is no law which forbids it—their oath of office exacta it." Now, sir, if you have read these numbers, you have learned• that the Federal government is one of limited and well defined powers, and that the States have reserved to themselves sub stantial and visible rights and remedies. • They are not "visionary," but a reality, and it is the duty of the State Executive to protect them from all usurpation and the assumptions of power, without right, on the part of the Fede ral government. If he lees not, he is unfaithful to his trust_ You have a reading constituency who know that Judas kissed when he betrayed —that Esau sold his birthright for a mess of pottage—and they would regret to find their Executive sell their State rights to an. Illinois "rail-splitter" and presidential joker for an important oforeign mission." LITTRA NO. 7- To Ma Excellency A. G. &Ma, Governor of Penvania RESPECTED .SIRIL my last letter - I re ferred to the case of Gideon Olmstead. I have thought proper briefly again to refer to some of the facts and prOceedings, as laid down in 3d Dallas, 160, and 3d Hall's Law Journal, 197 and 280, TIE: On the 25th of Novembei, 1796- _Congress pessed an act for establish ing tribunals of Admiralty_ Jut : indiction; by the 6th section of said act, itliffisdilifittiliat— " in all cases an appeal shall" be allowed to the Congress, or such person or persons as they shall appoint for the trial of appeals." On the 9th of Soptember, 1778, the State of Pennsylvania established an Admiralty Court -by act of Assembly, which provided that• "the finding of the jury shall establish the facts .without re-examination or appear—section 6. The British sloop Active was captured in the month of September, 1778, by .Gideon Olm atead and cithers, and carried into Philadel phia, and , libelled in the State Court of Admi reity, held by Judge George Ross, (one of the signers of the Declaration of Independence.) Olmstead and others claiming the whole iessel. and cargo ; while Huston, captain. of a vessel of war belonging to the State of Pennsylvania, claimed 'one- half for the State, himself and crew, and Capt. Josiah, of the *loop Gerard, Claimed for himself and erel a fnurth.. On , the' 15th of November, 1.778, the libels were tried- before glary and a verdict rendered allowing - ea:A of these claims. Olmstead appealed from this decision to the United &atm Court of Appeals, established by Congress. in 1779, and .on. the ' 15th of December the &ree of. Jtidge Russ, and the verdict rendered-in the case, were re- Vowed and the whole deo: eed to Olmstead and/fib ermet ~ This, reue,eat, Judge , Rose" positively .re faded to obey, because Use ease had been tried by a jury before-him, and be paid over,(aei3or- . ding to his decree,) one half of the proceeds of the priie to the Trea t etirer of the State of Penn a/osnia, (David Rattenhouseo taking a bond of indemnity from , him. - The Court of Appeals thereupon' drdeied'it: to be enteied on- reeord that the Admiralty Judge and Marshal (of Pennsylvania) had abse/ate/y refused obetience to their decree, . This court consisted of Oliver Ellsworth, Chief Justice U. 8.1 W. IL Drayton, Wm. Eilery, and. John. Henry, je. They proceeded to lay a statement befere Con gress, which was referred to a committee of five, who sustained the JO'lEllOl94 fltt-the Court of ' .Appeals declaring (inter elle) "that no act of a State can, or ought to;destroithe right of appeal to Congress, in the sense, de clared by the act;" * * and finally re questing the . Legislature of Pennsylvania to appoint a . committee to confer on the subject with a committee of- Congress. The Legislas . tura, 'he wever; 'instead of complying with this passed a peremptory act on the 29th of November, 1779, directing Judge ltSee tO pay over the whole proceeds to David Ritten house, (Treasurer,) Captain Elusion and Capt. Josiah... (3 Law Journal, p. 200.) • . Soon after this JUdge Rase died, sea ()lin: . stead sued his executors for the amount, and' got judgment by default, in eons , 'pence Of which the executors sued Ritlenhouee-:And the jutiges decided in favor of the defendant. , (This is the part.of the .case reported in Dal= lae-) Olmstead now remained quiekuntil,-1802, when the trailed States °mut clecided,t hat their district •courts could carry into effee,t decrees of the old United States,court.of,appeat;,. then filed his libel in the. United. States district court of Pennsylvania agaitist. Mrs. Seileant and Mrs. - Waters, the ezeentritee of kitten- BY 0. - BARRETT /is CO Tim DAILY PATRIOT AIM Melon will he serve& leaull• scribers residing in **Borough for dm mire, rut went, payable to the Carrier , subscribers, grin ntriaballi raa .111111111 Y. Tae WIIIIELT PATZIOT dza thllolll is pablbani otrwo Doman& Pea lararlably ifi ad*asic4. nog* to ono "Irolkirsis dollar., " Connected t eatabllshmenb a oniteallto JOB 011 1 1.10.1, containing a. ,variety of plain and fancy Woe. unequalled by any astibliehment In the Interior of tVe stat., for withal as patronage of the Phi" is so licited. house, (who was then dead,) and Judge Peters deoided (14th January, 18084 in favor of Olm stead. On . the 31st January, 1808, Governor Mit it mesons to the Legislature in r e gard wan) decree of Judge Peers, reproba ting severely these proceedings as violating the l aw of the State, and the verdict of a jury, &o. In consequence of this message en sot was passed authorising the Governer to direct the Attorney General to demand the money from the executrices . * * and directing the Governor to "protect the just rights' of the State," * * * and also to protect the per- HMS and property of Elisabeth Bergen; and Esther Waters from any process whatever issued out of any Federal courts," Ste. • . On the 29th May, 1807, Mrs. Sergeant and Mrs. Waters (executrices of Rittenhouse) tiled suggestions in the United States dietriot court recitng the the act, &o. Olmstead then de manded compulsory prose% of the court, but Judge Peters, "fearful 9f embroiling the govern ment of the United States and .FennsyLvanta, and wishing his decision corroborated by the Uni ted States Supreme Court, refused to grant the process," &o. At the February sessions, 1809, of the United States Supreme Court, this re turn was argued and a peremptory mandamus , was ordered. On the 27th February, 1809, Governor Snyder sent a message to the Legis lature informing them of the peremptory man damus, and that he was making preparations to call out a portion of the Militia to protect . the persons and property' of the executrices against any process that might be issued finder . the mandamus. • LUISA& MARTIN. Punisitieb mist MOVANSG, sways ixaiiiib On the same day be issued hie orders to Gen. Mickisel Bright, commander of the kret division of the Pennsylvania Militia: Theor der is too long to be detailed hero. A few ex tracts will show the object, viz : "Do authorize and require you immediately to have in readineas such portion of the Militia under your command as.shall be sufficient for the puriose expressed in this order, and- to employ them to defend the persons and pro perty of the said Elisabeth Sergeant and Esther Waters from and against any process founded on the decree of the said Riehard Peters. and in virtue of which any officer under the direr- e tion of any court of the United States may at tempt to attach either ;he persons or property of the said Elisabeth Sergeant or Esther Wa ters. tataese Baying. .LANCABTSIL, February 27, 1809.". The Senate and House of Representatives immediately referred the message to commit tees, which made detailed reports, and the re port and_ resolutions sustaining the governor were adopted, and approved by Gov. Snyder on the 8d of April, 1809. The United States Marshal received the attachment process, but was prevented from serving it by the soldier's of Bright. On the 18th of April, the United States Marshal eluded the violence of the militia, by skulking through a back way, and elimbine- a back fence (a practice In full opera tion At this day by the present Mafehale), and thus served Mrs. Sergeant surreptitiously with the l'adaval process. On iha 17t.b 0 weit.tof habeas corpus was leaned from the Supreme Court of Pennsylvania Japan petition of Mrs. Setgeant, directed to the Marshal ; ordering him to show cause why Mrs. Sergeant should not be released from custody under the arrest. The Marshal returned for cause the writ of attachment issued by the United States Dis trict Court., and the Judge (C. J. Tilghman), after hearing the argument, decided that it Was net absolutely clear that the United States Court had no jurisdiction, and therefore seemed to think it better to decide in their favor, than to endanger the peace of the community. •Ho accordingly Igo decided.. Were not these laws . of Congress, and these United States decisions rendered a mere dead letter, until the State of Pennsylvania PAO her own Chi, Justice de ciding against her.; • when (and when only), she consented to remove her inteiposition or resistance, upon the proceeding of the United States, and at length , to Allem , the attachment on Mrs. Sergeant to prevail I Judge Tilghman -felt the importance of the question Were him, yet clearly and . unequivocally asserts, that even the tribunal's of A sthie. have 4 a right to • annul the Federal usurpations that •may be brought before them-I-And he asks ...f, they d'a Pot, what bourse into betaken ? We mut t ne reduced to the mieeratyle extremity . of opposing torte 10 fk ree, and arrappg ad ieu against ectizen..for it is vain to expect that the States will nut mit to manifest and flagrant usurpations of power . by 'the 'United States, if (which God forbid) they ever attempt them. If Congrreo ehmild.pase a bill of attainder, or lay a ton _or duty .on. article;.exported from any State. ((root which powers , they_ are ex pre-sly excluded) snob laws would be'nult and void, and all persons who tietel outer them . would be eutject to actions in the S ate Cutlets. _ If a court• of. the ; United Mates eeeeld enter judgident - ti - gaiost - a State winch refused,to ap • peer in an action brought against it by a claire' . of atifither. 851114, or by Arforeien State. puck judgment Would he , void, and all 'person's Who act-under it would he trespasse&•- These Cases apps ti' Be plain that, they will hitadty bellie puted.." ' • . I reopen:mod the.whole opinion to your read ers.consideration. . Now, eir, I will refer. you. to another authority, which eppeare to me to be ip point. at this time, and exhibits the iltity which should govern . • every, State Elecutive who ie determined to see, equatand exact jus tice- done; :to, hie, .fellow-citizens. It is to be found in S Mi`s tohnsetts &Torts, page 847,- 4 8,-19, tiet.On the let of August; 1812,Governor S'lrtrg ante:tatted twectuestions to the Justices of the Supreme Judicial Court for their opin ions. The Governor bad been called to fur nieh Acertain part of•tie militia by the Secre— tary' or War; as' also by •Gen Dearborn, who _ was'in ' the United Statee Service ; ' The first question wee. " whether the celemeedeisiine chief of the militia of the several /Rotel have a right to determine whether any of the . ! etei7 gencies r eontemplated by the Constitution of the Unite.). State% exist, so as to require them to place.the miliaia, or aoy.Fert.nt'At, ilt the ser vice of the United States. at.the:lWeuelit of the .President, to be commanded by hi m,•pursuant 't o Sots of c o ngreob." Stbo44;* "'Whether, when . either of ;he exigencies, exist: atitiiiirixing the OKI
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