MR. MADISON. From the Edgefield Carolinian. "Mr. Madison, in his letter against nullification, has relapsed from the republican faith to the old FEDERAL HERESIES that he cherished in the convention of 1787. We shall leave to abler pens the task of replying to the erroneous principles contained in this letter. It is cer tain, however, that these principles are utterly irreconcilable with the doctrines of his celebrated report in 1799. On the subject of the supreme court especially, the most opposite opinions are contained in the two documents. If the construction of the report so elaborately set forth in this letter be the true one, that nothing more is meant by the right of a state to interpose for the preservation of the liberties of the citizens within her limits, than the right to pass resolutions against infractions of the constitution with the view of procuring the cooperation of three-fourths of the states, then the time, and labor, and talent, expended in the preparation of this report were most wontonly waisted; for we suppose that none can be so stupid as to deny the right of three-fourths of the states to amend and modify the federal constitution. It is amusing to see the facility with which some persons can change their opinions and expressions about the principles and character of an individual, when it suits their interest or convenience to do so. that those who were the most lavish in their high soundWe discover ing praises of Mr. Madison, during the last summer, are now his most embittered revilers and denouncers. Six months ago, in the language of these gentlemen, Mr. Madison was a distinguished republican, a leader of the republican party, a sound constitutional lawyer, deeply versed in the nature and theory of our government, a devoted patriot and state right man, an ornament to the age in which he lives, and the political saviour of his country in the reign of terror. But now he is denouuced as a federalist, decried as an enemy to state rights, and a friend to consolidation. "So far as the question between these documents is one of authority, it is obvious that the report, written in the vigor of manhood, and while its author was a prominent leader of the republican party, must have much advantage over the letter written by the same individual in the decline of age, when he had become a disciple of the Adams and Clay schools. But the great principles involved in this controversy are not to be settled by mere authority. The American people are remarkable for their intelligence and independence of thought, and will decide all great questions according to the arguments, and not the names, that may be arrayed on one side or the other. If, for example, Mr. Madison's name is to be conclusion of the question of nullification, then, in like manner, we are to be estopped from disputing the expediency and constitutionality of the tariff; for, on the affirmative of these questions, is the authority of Mr. Madison's name in his letters to Mr. Cabell. Not so, however. The important principles contained in Mr. Madison's report will be cherished by the advocates of state rights, on account of the irresistible force of the rea-rolina, the "Journal" observessoning by which they are maintained, although Mr. Madison may now choose to desert them." [Very modest-courteous, and wise.] His opinions are said to be worth nothing, inasmuch as he has always been changing and shifting from one party to another. The debates of the federal convention are searched for expressions of Mr. Madison's unfriendly feelings to the state governments. Whilst it was thought he was in favor of nullification, it would have been a sort of treason not to yield to the high authority of his opinions; but now we should be governed by the authority and opinions of no one.-We never heard from these nullifiers that Mr. Madison was a federalist, until the publication of his letter in the last North American Review. There seems to be a new definition of federalism getting up in South Carolina. All who are not in favor of these ultra state right doctrines of veto and nullification, are set down as rank federalists, worthy of the stake and the inquisition. Such generosity shows the republican spirit by which they are actuatedCarthago délenda est. SOUTHERN CONVENTION. The following is copied from the Milledgeville, "Georgia Journal" of the 10th inst. we have simply taken the liberty to italicise certain parts of it; for remarks are unnecessary: and we shalk only say "Lord bless us!" -- Speaking of the result of the late election in South Ca "It is not with indifference that we, in this state, look upon the excitement which prevails in South Carolina, Every Georgian takes a deep interest in all the proceedings of our sister state to maintain-the ground it has assumed do something besides feeling for South Carolina, and takrespecting the American Sy stem. But ought we not to ing a deep interest in her actions? We are a southern state like herself. The productions of her soil are like [From the Greenville Mountaineer, Nov. 8.] In Mr. Madison's letter is contamed the true theory of our government. It is, as he says, neither a consolidated nor a confederated system, but partakes of the nature of both. Previous to the adoption of our constitution, and, ours. under the articles of the old confederation, our govern is felt as sensible in Georgia as in South Carolina. If The oppressive weight of the American System ment was purely federal. The states were all equally the northern manufacturers and capitalists, supported by represented.-Delaware exercised as much influence in the bank of the United States, with a'capital of thirty five the deliberations of the nation as Virginia or Massachu- millions of dollars, have succeeded so far in saddling the setts. The representatives of the nation were chosen by southern states with an oppressive and ruinous tariff law, the people. The delegation of each state had one vote, and in appropriating and expending the public money as and no more. This was deemed improper and impolitic they please, when and where they please, can any body by the convention which framed the present constitution, tell where this oligarchy will stop in their arbitrary proand hence the states are unequally represented in the ceedings? Will they confine themselves to the present present government. In the house of representatives, the tariff, and to unbounded appropriations for roads and people of the United States are represented in propor- canals? Will they ever be pleased to let the southern tion to their numbers. In this house, there is nothing states now and then breathe, and their citizens procure federal in the representation. But in the senate, the the means of covering their nakedness, and satisfy their states are equally represented, and the senators are hunger? No. No. Cupidity knows no bounds. There chosen by the state legislatures. This branch of our na- will be no stopping place, until the southern states are tional government is consequently federal in the true subjugated, and their citizens slavishly bend the neck sense of the word. Each state has two votes. In the to the proconsuls who will be sent here by our northern election of a president, the two systems are combined. masters to govern us. The electors of each state are in proportion to its repre- will Georgia be respected? Georgia respected!! FaIf South Carolina is subjugated, sentatives and senators. South Carolina, having nine natics and hypocrites will offer, as they have already representatives and two senators, is entitled to eleven threatened, their services in help of the Indians, in resistvotes for a president; and New York having thirty-four ing the laws of Georgia, in massacreing our citizens and representatives, and two senators, is entitled to thirty-in burning our dwellings. Myriads of revenue officers, six votes. Thus are the different branches of our govern- tide waiters, excisemen, tax and toll gatherers, will enment constituted, How then can it be called a federate government? How can the states be said to be equal? It is true, in the formation of our government it was federal; and the adoption of it was by the states then equal. But they were no longer equal after the constitution was adopted, ter Georgia from the north, south, east and west, and, like the famished wolves of the Pyrenees, will pounce on our store houses, devour our substances, and destroy what they will not be able to carry away. "The American System is ruining the southern states. In South Carolina, where public spirit has always been but in establishing at the same time principles, which in their effect and tendency, subvert first the great pecuniary interest of the north, and next all the protective power of the states. These burthens are imposed to the great injury and perhaps final subversion of the great objects of industry on which they bear. They are unjust and insufferable. more active, and more alive to acts of oppression, that system has produced a fermentation which will end in open resistance, if the obnoxious tariff be not repealed or modified. In Georgia we have been, so far, pretty quiet. Another object has withdrawn the public view from the oppressive effects of the tariff. If it had not been for the Cherokee question, the excitement about the tariff would have been as great here as in South Ca- I believe this statement to be faithfully true, except rolina. Our minds have not been so agitated, and if we as it shall be wanting in strength, and, it it be not greathave looked upon the passing events in South Carolina,ly overcharged, does it not exhibit a case involving most with a less degree of feeling than the citizens of that deeply and injuriously the interests, the honor and the state themselves, it must not be believed that we can tame- practical independence of the state? In the same manly submit to the tyranny which has been exercised to-ner it affects all the northern states. wards the southern states, and which it appears to be the I entertain the opinion that the evil ought not to be intention of the American System party to render per- borne; that it ought to be resisted at the proper time and manent. No. Georgia will never submit. She was the under the proper circumstances at any and every hafirst to resist the encroachments of the federal govern-zard; "peaceably if we can, forcibly if we must." It ment on state rights, she will be the last to ask quarters ought to be peaceable if possible, but if force be indisfrom the enemy, should the southern states be vanquish-pensable to effective resistance, we ought to employ it, ed in the contest which is inevitable between the friends rather than submit. Submit!-Why the question is, of the constitution, the union and state rights, with the whether we will submit to oppression or not. When I American System party. say this oppression ought to be resisted at any and every hazard, I walk on consecrated ground-that of our revolution. "The legislature of Georgia has begun its session.— The subject of the tariff and all the restrictive system, will, no doubt, attract the attention of the members. The joint We know it would be useless for one state to resist, committee on the state of the republic, will have spirit and therefore we have consulted all the suffering statespatriotism enough to recommend some plan which may they all agree to act together. Remonstrance is useless. lead to a union of all the southern states on this momentous That has been tried in vain. We have therefore called cccasion, and to a concentration of their means and power. a convention. The first inquiry is, what is to be done? If South Carolina act separately, without the least assis- One proposed to nullify the acts of congress, and quottance from the other southern states, her citizens can die ed the Virginia resolutions of 1798; but then upon rein the trenches, but they will not be able to resist suc- Aection it was considered that the resolutions had not cessfully the invaders of their rights. To produce a sen- that meaning-and that an empty declaration that the sation abroad-to throw dismay into the ranks of the law was null and void would have no effect. We thereenemy-all the southern states should form a firm and fore considered the propriety of a northern confederacy. concentrated phalanx. With union among themselves, If the northern states will raise an united voice, I have and having on their side the cause of the union to de- no doubt it will not only command attention, but likefend-the cause of equality of rights and privileges-they wise acquiesce in its demands. The northern states on cannot fail to conquer their enemies. Besides, thousands this subject are one people, one in interest, in feeling, of our northern brethren, with patriotic and disinterest in suffering, in locality and in power, and ought not to ed feelings, will join the south in the struggle; and thou-separate in resistance, whether peaceable or forcible.sands of others will pray that it may be successful. "The president of the United States is on our side. By his infinence, and the influence which the preservation of the union should exercise over every friend of his country, a majority, favorable to the principles advocated by the south, by general Jackson, and by all the followers of the Jeffersonian school, may be found in the 22d congress. If so, the union will be preserved, the federal constitution purged of all impure implications; and the federal government brought back to the simplicity and economy of Jefferson's administration. In the mean time, the southern states must act: They must endeavour to concentrate their views, their plans, and their mode of resistance to all unconstitutional laws. The legislatures of the several states interested can determine upon the means of accomplishing the objects contemplated." STATE RIGHTS. Letter from a member of the Hartford convention to a friend in South Carolina. Hartford, Oct. 1814. SIR: On the topics that now agitate the public mind, I have never had but one opinion, affecting as well the injury as the remedy. The embargo was a dangerous, palpable, and deliberate violation of the constitution. The injury far exceeds the common estimate, which considers it as unjust, unequal and oppressive. The evil swells, when we consider the motives, tendencies, abuses, and probable duration, to a size altogether alarming. But with the loss of our navigation and commerce, which has prostrated the north, we have had to endure all the burthens of a war. The magnitude of the evil, in this view, would ordinarily be considered cause enough for resistance in the most extreme modes, when, as in this case, it is obvious the common remedy, that of the ballot-box, does not and cannot apply, and when to mention it is to mock the sufferer. In these views, we behold, among other evil results, a power in which we have no practical participation, and over which we have no control, employed not simply in imposing the burthen of the day upon us, unjust and enormous in itself, Let them unite, and whatever they demand, if they sus- Un This disunion, however, is, after all, not so bad a thing. We derive very little benefit from the union. We can protect ourselves. We fear no foreign or domestic enemy. We shall make peace with Englandhave a tree trade with all the world. We shall carry the flour, tobacco and cotton of the south to market: commerce will revive-property will rise-Boston will become the most flourishing city. We shall govern ourselves, make our own president, fill all the places of honor and trust ourselves. We shall become a great nation. We have not resolved, finally, upon measures. We hope you will save us the trouble. What would you be without us? Anon. GEORGIA LEGISLATURE. In senate, Nov. 2. Mr. Floyd from the joint committee to whom was referred so much of the governor's message as relates to the Cherokee government, made the following report: PENNSYLVANIA POLITICS. The following extract from a speech delivered by col. John G. Watmough, a representative-elect to congress from one of the Philadelphia districts, on the occasion of a public dinner, given to commemorate his election, The propriety of effecting an entire abolition of the ex- is entitled to more than usual attention, as embodying in ercise of governmental powers by the Cherokee Indians, a few words the undoubted sentiment of the state of your committee consider as settled. The state, by an Pennsylvania, on two highly important topies of the day. act of her legislature, has extended her laws, both civil "I have already occupied, fellow-citizens, too much and criminal, over the territory and persons of said nation of your time. I crave your patience a few moments indiscriminately, and thereby virtually abolished all go- longer, while I refer to the two great leading questions vernment over such territory, save her own: and any of general policy which at present occupy the public further legislation, having for its object the prevention of mind. I allude to the tariff and a general system of inthe exercise of sovereign power by the Indians, would ternal improvement. The soundness of the principles have been rendered by such an act unnecessary, had any these measures involve, has been, for a long time past, or sufficient pains and penalties been annexed to the en-admitted not only in all newspaper discussions, but by forcement of Indian laws or regulations. Those who decided majorities in both houses of congress, whenever claim the right of managing the affairs of the Indians, hav-either question has come to a vote. The extent to ing availed themselves of such omission on the part of which the principle is to be carried, appears to be at the legislature, and continue to assemble in council from present the only ground of discussion. Time will not time to time, for the purpose of making new laws and allow me, nor is the occasion, perhaps a suitable one, to enforcing them, and others already adopted, for said go into an elaborate discussion of their merits, in refertribe, has rendered it necessary, in the opinion of your ence to our national welfare. But, as a Pennsylvanian, committee, to enact such laws as will prevent in future, they claim from me a passing word. Upon no point the exercise of such assumed powers. The government of has public opinion been more repeatedly tested in PennGeorgia or the Cherokee nation, alone, has the undoubt-sylvania than upon the subject of the tariff. It is evied right of jurisdiction over the territory and persons of dently the surest means to afford an equal security to said nation within the chartered limits of Georgia. Both the all-important interests of agricultural industry, of cannot possess it. And if such co-equal right could exist, domestic manufactures, and of that species of commerce the exercise of such right, by both powers, would be which the daily developement of our immense internal cruelty in the extreme to the Indian. What would be resources renders so important, and against which the required by the one authority, might be rendered highly selfish policy of other nations cannot be brought to act. penal by the other. The same act being declared eri-There can be no doubt that, upon general principles, it minal by both, would inflict severe punishments twice for is the duty of the legislator to conform his enactments the same offence-a state of things not to be desired by to the laws of the moral world. I am free to confess, any civilized community. Such, however, is now the too, the criminal impolicy of counteracting the benefisituation of the Cherokee Indians. They live exposed to cent arrangements of a kind Providence. It must be rethe penalties and requisitions of the codes emanating from membered, however, that self-preservation is the first sources different in their origin, different in their princi- law of nature. As a nation, we certainly cannot be acples, and different in their exactions. In determining cused of fostering ancient prejudices, nor of the attempt which power should yield in this contest of jurisdiction, to promulgate illiberal views. It is our duty, assuredly, your committee have had no difficulty, nor can they per- as it has ever been our endeavor, to correct evils of all ceive what violence can be done to the feeling of huma- kinds. Our position enables us to do much; but, failing nity, when they recommend the abolition of a severe and in that, to accommodate ourselves to existing circumstan tyrannical code, and propose to substitute in its place, a ces, to neglect no means which justice or sound expedihumane and republican government. For the purpose, ency sanctions to advance our individual happiness or therefore, of more effectually preventing the exercise of our national prosperity; in fine, to meet other nations power by the head men and chiefs of said nation, they with the same weapons which they find it expedient, for recommend the following bill:their own gain, to employ against us. A bill to be entitled an act, to prevent the exercise of assumed and arbitrary power by all persons under pretext of authority from the Cherokee Indians and their laws-which was read the first time. which the several tariffs have been enacted, and although "These are a few of the general principles under as principles of morals they are intended to apply rather to the advancement of individual happiness, yet surely their effect must remain the same in reference to nations. Wednesday, Nov. 3. [The first section of the bill forbids any person or persons, warriors or chiefs of the "Let it be remembered, too, that, since the enactment Cherokee tribe of Indians, to cause the meeting of any of the tariff, we have experienced no check in our uncouncil or other legislative body of said Indians. The paralleled advances in the road to prosperity; no diminupenalty for the offence is confinement in the penitentiarytion of revenue. The national debt is being paid off as for four years. The 2d section forbids any person or persons to meet in council, assembly, convention, &c. for the purpose of making laws, orders, or regulations for said tribe. The penalty for the offence is confinement in the penitentiary for four years. The 3d section forbids any person or persons to hold courts for the purpose of hearing and determining causes, issue process, &c. Penalty, four years confinement in the penitentiary. rapidly as the law will allow, and every appropriation which the exigences of the nation require, is made at once without recourse to violent means. The same evidences of prosperity which each one of us can appeal to, under our immediate observation, exist every where throughout our whole nation. If there are evils attending this system, they are partial in their character, and it may well be doubted whether in common justice they are to be imputed so much to the effect of its operations, as to the existing peculiar state of affairs throughout the civilized world. For my self, I incline to the latter opinion. With Penusylvanians, however, this subject admits of no doubt. Our natural position, in reference to our sister states, our vast internal resources, the fertility of our soil, and the prosperity of our two great capitals, the one commanding the waters of the fertile vallies of the west, the other The 5th section makes it a penalty of four year con-holding the most distinguished station among her sister finement in the penitentiary, for any person to confiscate, cities of the east, all, in fact, clearly point out to us, not or attempt to confiscate, the property of any Indian in only the expediency, but the absolute necessity, of afconsequence of his enrolling for emigration, or offering fording such encouragement to native product and industo enroll for emigration, &c. try as will place them both upon a proper footing. As The 4th section forbids any ministerial officer to execute any precept from any court in the Cherokee tribe, &c. Penalty, fine and imprisonment in the jail, or in the penitentiary, not longer than four years. The 6th section allows the head men, or chiefs of the to internal improvement, the principle is too well acCherokees, to meet any agent or commissioner of this knowledged to call for an argument here. Under its instate, or of the United States, for any purpose whatever.]fluence, our vast wildernesses have disappeared, and our villages have assumed the character of cities. Its could, by any possibility, be affected, but an extra-judiconstitutionality, as a measure of general policy on the cial oath, taken at an election in order to exercise a part of the federal government, has been severely and privilege of voting, which he conceived himself to be en ably tested; but if majorities are to be taken as a criterion titled to.-1 Term. Rep. 60-and I have looked carefulto judge by, and we admit of no better guide, the ques-ly over all our statute laws, relating to our elections in tion is at rest. All admit its happy effects in tending to this state, and can find none that will warrant the offence secure the permanency of our blessed union, by adding of perjury, or any thing like such a construction, in takto the political ties which at present bind us, the strongesting a false oath at an election. natural ones, and by daily opening fresh channels of national wealth and social intercourse. Upon these vital questions, I shall be governed in my public capacity by such motives as become a Pennsylvanian, not, however, as a Pennsylvanian whose principles are to be regulated by the nullifying doctrines of a small district of our southern country, but as one, who, confiding in the unbending political integrity of his native state, and ardent in his affection for the great federal union, will admit of no governing principle which the one will not sanction; of no impulse which the other does not create. "Allow me to offer you, fellow citizens: The only thing which I can find, is mentioned in 1st Brevard, 231-by which it is declared, "That it shall not be lawful for any elector in any or either of the parishes or districts which have been subdivided for the convenience of the electors, to give more than one vote in the same parish or election district, for senators or members of the house of representatives of this state, under the pain of forfeiting 7.10 lawful money; and in order to carry this purpose into effect, and to prevent as much as possible the giving of double votes, the managers of elec tions are required and directed to publish at the time of election this clause, in the several parishes and election "The union of sound moral and political principles-districts, on pain of forfeiting 2.10 to the use of the state. the best means to secure the integrity of the party," to And this appears to be the only penalty imposed by any aid the improvement of the intellectual character, cherish of our statutory regulations that I can find against irrethe progress of free principles, and establish upon a cer-gularities at our elections. tain foundation the happines of man.' ELECTION LAW.-SOUTH CAROLINA. The state, VS. John Nicholas. JUDGES CHAMBERS. If ever it had been the intention of the legislature to have made it perjury to take a false oath at an election, and to subject the party to all the punishments imposed by the common law for this offence, it is to be presumed that it would have been inserted and enacted on this oc Charleston, 22d Oct 1830.' The specific charge alleged against him in the warrant of commitment by the magistrate, Mr. Trescot, "is his voting for a senator and representatives at the election, on the 11th and 12th inst. when he was not a citizen or resident of the state." 1st. In order to take a fair and correct view of this case, it will be necessary to take into consideration the law relating to the offence of purjury, and then 2dly. To consider the force and effect of the affidavits off red in support, and exculpation of it. Perjury at common law is the taking a wilful, false and corrupt oath, by one who being lawfully required to dépose the truth in any proceeding in a court of justice, swears absolutely and positively in a matter of some consequence to the point in question, whether he be believed or not. 1 Hawk. 172. This was the ancient definition of perjury, and the offence was confined to cases in a court of justice: but the good sense of mankind, and the modern improvements of the law, have extended the offence of perjury to all false oaths taken before those anywise entrusted with the administration of public justice, relating to any matter before them. This I take to be the general definition of perjury at common law, in all cases not depending in any court of justice between man and man. In England, when offences were committed against the elective franchise, it was never attempted to punish false oaths at elections as for perjuries at common law, and, therefore, divers acts of parliament were passed imposing heavy penalties for taking false extra-judicial oaths, &c. 25 Geo. 2. enacting penalties for false oaths at elec tions, and other statutes. As far, therefore, as my researches have extended, I do not find that this offence, (even where it has been committed), has been extended by any statute whatever in our state so as to consutute the offence of perjury. E. H. BAY. STATE BILLS OF CREDIT. We have already noticed the decision of the supreme court, of the United States, at its last term, declaring that the emission of due bills or certificates by a state, is prohibited by that clause in the constitution which declares that "no state shall emit bills of credit." The following remarks founded upon that decision, are from the Fayetteville Observer. This decides the question as to the constitutionality, (and the public have decided as to the inexpediency), of the issues of treasury notes by the state of North Carolina: and it is hoped, will prevent any further issues of the kind. These notes are rapidly finding their way back to the treasury, and the mutilated state in which they are, generally, must soon put a stop to their circulation. It is thought that there will be no difficulty in supplying their place with silver change. Mr. Blackstone 4 vol. 157, lays it down that the law takes no notice of any perjury but such as is committed in some court of justice having power to administer an oath; But, does not this decision settle a much more impor or before some magistrate or proper officer invested with tant question? Is it not directly in the face of any law a similar authority in some proceedings relative to a civil that North Carolina can pass creating a bank of the suit, or a criminal prosecution: for it esteems in all other state, such as has been proposed to every legislature for oaths unnecessary at least, and, therefore, will not pu- ten years past, and such as will again be proposed at the nish the breach of them: for which reason, he says, it is ensuing session? Where is the difference between a 'cermuch to be questioned, how far any magistrate is justificate' such as that issued by the state of Missouri, and tifiable in taking a voluntary affidavit in any extra-judicial a note issued by a bank created and owned by the state matter, as is now too frequent upon every petty occasion. of North Carolina? And if there be none, the state canThe oath, to constitute perjury, must be wilful and cor-not of course recover upon a note given for the loan of rupt, that this is malo animo, positive and corrupt, not upon surprise or mistake, but absolutely and directly; and, therefore, he that swears to a thing according to his knowledge, or as he thinks, remembers, or believes, cannot in respect to such oath be found guilty of perjury, such bank notes. Mr. Gaston's arguments in support of this view of the subject cannot be forgotten; and it is gratifying to those who desire to save the state from the evil consequences of embarking in banking, that this decision of the supreme court has come just in time to warn our legislators of the danger of such an experi The following are the closing remarks of chief justice Marshall, in giving his opinion in the case mentioned above: Now from the very definition of this oflence of perjury, as explained by sergeant Hawkins and judge Blackstonement. -two of the best law writers upon the subject, it is impossible that this alleged offence in the commitment, cat constitute the offence of perjury at common law; as the oath alleged to have been falsely taken, was not sworn to in any court of justice or m any judicial proceedings by which the lite, liberty and property of any individual, "In the argument we have been reminded by one side, of the digung of a sovereign state, of the humiliation of her submitting herself to this tribunal; of the dangers which may result from inflicting a wound on that digni- preme or county court, or justice of the peace, on any ty; by the other, of the still superior dignity of the peo-contract made or entered into, after the first day of ple of the United States; who have spoken their will, in January next, the debtor may appear before such court, terms which we cannot misunderstand. during the same term, in which such judgment is rendered, or before such justice, within two hours after the rendition of such judgment by him, and submit himself to be examined on oath, by such supreme or county court, or justice, and by the creditor, his agent or attorney, touching the situation, circumstances and probe of opinion that such debtor is entitled to the benefit of the oath, named in the second section of this act, the said oath shall, by said court or justice, be administered to such debtor, and a record thereof to be made; and in such case, no execution shall issue on said judgment against the body of such debtor. "To these admonitions, we can only answer; that if the exercise of that jurisdiction which has been imposed upon us by the constitution and laws of the United States, shall be calculated to bring on those dangers which have been indicated; or if it shall be indispensable to the preservation of the union, and consequently of the indepen-perty of such debtor, and if such court or justice shall dence and liberty of these states: these are considerations which address themselves to those departments which may with perfect propriety be influenced by them. This department can listen only to the mandates of law, and can tread only that path which is marked out by duty." DELAWARE BREAKWATER. The following is extracted from the 4th volume of Carey and Lea's Encyclopedia Americana, a work of great merit and utility, and containing a mighty mass of important information regarding our own country, within a small compass. The in Sect. 2. It is further enacted, That the oath to be administered to such debtors shall be in the form follow ་ So tain his release, as the inexorable creditor, who, under the infamous French law, which enables a creditor to keep a foreign debtor in prison for life, had confined Mr. Swan for twenty-three years in one of the worst prisons in the world, is dead. ing, to wit: You solemnly, sincerely and truly swear, (or affirm) without evasion, equivocation or mental reservation, that you have not any estate, real or personal, except one cow, one swine, or the meat of one swine, The Delaware breakwater is situated at the entrance bushels of potatoes, ten sheep, and one year's product ten cords of fire-wood, five bushels of grain, twenty into the bay of Delaware, near cape Henlopen. The of said sheep, and forage sufficient for the keeping of anchorage ground, or road stead, is formed by a cove in your cow and sheep, through the present or ensuing the southern shore, directly west of the pitch of the cape winter, (as the case may be) and such suitable apparel, and the seaward end of an extensive shoal called the bedding, tools and household furniture, as may be neshears; the tale of which makes out from the shore about cessary for upholding life, and such military arms and five miles up the bay, near the mouth of Broadkill creek, equipments, as it is your duty, by law, to furnish, in from whence it extends eastward, and terminates at a possession, remainder or reversion, to the value of point about two miles to the northward of the shore at twenty dollars in the whole, nor sufficient to pay the the cape. The breakwater consists of an insulated dike debt, damages and costs, for which judgment has been or wall of stone, the transversal section of which is a tra- rendered against you, and that you have not directly pezium, the base resting on the bottom, whilst the summit line forms the top of the work. The other sides re-to defraud or deceive any of your just creditors. nor indirectly, disposed of all or any part of your estate present the inner and outer slopes of the work, that to help you, God-(or, in case of affirmation) under the the seaward being much greater than the other. ner slope is 45 degrees; the top is horizontal, 22 feet pains and penalties of perjury, in breadth, and raised 5 feet above the highest spring tide; the outward or sea slope is 39 feet in altitude, upon the American citizen, who has been confined in the Galignani's Paris Messenger states, that Mr. Swan, a base of 105 feet; both these dimensions being mea-prison of St. Pelagie since the year 1807, will now obsured in relation to a horizontal plane passing by a point 27 feet below the lowest spring tide. The base bears to the altitude nearly the same ratio as similar lines in the profiles of the Cherbourg and Plymouth breakwaters, The opening or entrance from the ocean is 650 yards in width between the north point of the cape and the east end of the breakwater. At this entrance, the harbor will be accessible during all winds coming from the sea. dike is formed in a straight line from E.S.E. to W.N.W.: The 12,000 yards is the length of this portion of the work, which is destined to serve the purposes of a breakwater. At the distance of 350 yards from the upper or western end of the breakwater (which space forms the upper entrance) a similar dike, of 500 yards in length, is project ed in a direct line, W. by S.. S., forming an angle of 146° 15′ with the breakwater. This work is designed more particularly as an ice breaker. The whole length of the two dikes above described, which are now partly commenced, will be 1,700 yards: they will contain, when finished, 900,000 cubic yards of stone, composed of pieces of basalti rook and granite, weighing from a quarter of a ton to three tons and opwards. The depth of water at low tide, is from four to six fathoms throughout the harbor, which will be formed by these works and the cove of the southern shore, and which is calculated to afford a perfect shelter over a space of water surface of seven tenths of a square mile. The great objects to be gained by the construction of an artificial harbor in this roadstead are, to shelter vessels from the action of waves caused by the winds blowing from the E. to the N. W. round by the N., and also to protect them against in-enlightened legislature in the world. juries arising from floating ice descending the bay from the N. W. IMPRISONMENT FOR DEBT. The legislature of Vermont, at its recent session, passed the following act, which has become a law of the state, and will begin to operate in the course of a few weeks. Sect. 1. It is hereby enacted, &c. That hereafter, when any final judgment shall be rendered by any su until we are sure that we understand it, and especially [Let us not denounce the French law as so infamous, have not been misinformed Mr. Swan might, at any until we are sure that it is worse than our own. If we time, have obtained his liberty by surrendering his property. As in cases which have often occurred, in our ing his debts, perhaps upon au ineffaceable conviction own country, he preferred living in confinement to paythat he was wronged by the judgment of the court against him. Before we are so wroth with our friends abroad, let us take the mote out of our own eye. Is there in Paris any law so infamous as allows a man, upon the mere allegation of another that he is indebted to him, to be seized at a distance from home, (say a New Englander, or Georgian, to a visit to Washington), and thrown into goal, and kept there, during his life perhaps, unless he can give bail for one, ten, twenty, or a hundred thousand dollars, as the case may be? Can a man in Paris be warranted for eleven pence, being the cost of a warrant never served upon him, and with the accumulation of a dollar or two's costs, committed to goal upon it, and there kept for ever, or until he takes the benefit of the insolvent law? If such be the laws of Paris, the country is as ill governed as if the city were under the exclusive government of the freest and most Nat. Intel.] THE PRESENT LOTTERY SYSTEM. The old and apparently fair and honest plan of drawing lotteries-was bad enough; but the present is little more, or any thing less, than a system of swindlingcold, calculated, rascally swindling. PRESENTMENT. The grand inquest of the city and county of New York, respectfully present to the common council, the great |