Newspaper Page Text
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
gr Marriages and neatiumillbeingert"" th !" l° .
stews as regular advertisements- .
• Business dabs.
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
ATTORNEYS AT . LAW.
OEFICIE IN • •
BETWEEN WALNUT and IttAIMICT SQUARE,
ap-211w*A Nairky opposite the Buehler - Abuse.
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
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
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.
No. 11, NORTIT CIIIILD IT., 11.01218131:118.
STEINWAY'S . PIANOS,
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, '
Has just-received from New. York, an assort.
which he effete to his eeetonters and the pithe
nov22) MODERATE PRICES. dti
SMITH & EWING,
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
B. X Klink, D: IL
0 xo. 119 MARKET STREET,
£BT & HONK L'B BUILDING, lIP STAIRS.
RELIG-I - 0118 BOOK STORE,
raArr AND SbIiDAY SCHOOL DRPOSITORY,
S. S. - GERMAN
rr Ellrra 81001CD8Y21117, &BOU 0113131117 T,
Depot ferns sae of Sterawoopee,StereoseopieVieva,
Mud. and Pliugpsal Institinenti. Also, inteariptlon•
joHN G. W. MAILTIN
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
Bilge baulk . comer, .of Broad street,
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;
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.
. , .
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.
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,
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
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
GREAT EXTERNAL REMEDY,
POE RHEUMATISM, GOUT,• NEURALGIA,
LUMBAGO, STIFF NECK AND lOIN,TS,
SPRAINS, BRUISES, curs A WOUNDS,
PILES. HEADACHE, and ALL RUM
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
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
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
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,
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
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
A. Roessler, residence, Lawrenoerville, finished four
J- 1) M'Cord, Penn street, finished four. years.
Hon Thomas Irwin, 'Diamond street, finished foitr
St Charles Hotel and Girard House, , finished fire
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.
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
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.
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
Justreaetved and for sale at
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.
-,,•:4.,,,4! „ -,1_,,-..., 1 .-. 1 _....f.. • . .
..._V- , -...... L. -- .".4 ---,, •- , ,,,,, h,
~..x . . .
q 1 .'
, ... . . 1
1 1 I -
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
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
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
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
* —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."
“ 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
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
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
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
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
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. •
Punisitieb mist MOVANSG,
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