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Two cases which have come before it, and support the authority of the court.

vest this power in the court. of these attempts made in 1822 and 1828, are detailed in the several reports of the attorney general. '5. The state of New Jersey has impliedly admitted the want of power in the court, by her attempt to obtain the passage of a law in 1822, and by a proposition made through her commissioners to the commissioners on the part of this state in 1827, to submit this controversy to the supreme court, as an impartial tribunal, to arbitrate between the parties.

"Taking the foregoing view of the subject, I did not consider myself justified in permitting the state to be represented as a party defendant before a tribunal which had no right to exercise authority over us, and which I confidently hoped would, on a review of its own pow ers, come to that conclusion.

'But the matter has now assumed a new aspect. The opinion of that court, shows that they view that subject differently, or at least, are disposed to assume the jurisdiction on an exparte case.

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The grounds upon which it is supposed that the court claims cognizance of the controversy, are,

'1. That ample power is given to them by that clause of the constitution, which ordains that "The judicial power shall extend to controversies between two or more states." That having the power, the means of exercising it are incidental; and that they may, by rules of court, prescribe the forms of proceeding.

That the proceedings in suits before that court, prescribed by statute, are applicable to cases where a state is defendant, and that, therefore, congress has legislated on the subject and

3. That the decisions of that court have been uniform, in all

'We have now reached a point in the progress of this litigation, where the future action of the state should be determined upon with deliberation, and governed by a due sense of all the high responsibilities resting upon us, as citizens of the United States, and members of a corporate state sovereignty. This state can never forget that she is a member of the union, and has a large stake in its perpetuity. While she will permit no encroachments on the part of the general government, she will put forth her strong arm, in time of need, to support it in the exercise of its acknowledged powers. If, on this occasion, she is compelled to differ with the national judiciary, I have no doubt, that she will do so firmly and dispassionately, and afford a becoming example of respect towards the tribunal deemed worthy by the founders of our government, to be the depository of the power for preserving the peace of the Union.

'It was undoubtedly a part of the design of our government, to have a judicial tribunal to decide on all questions of conflicting rights, growing out of the limitations of the sovereignty of the states, and the specific delegations of power to the general government. And one of its special objects was to adjust amicably, all such differences as might arise between the states. The want of such a power, with sufficient energy to enforce its decisions, was one of the leading motives for proposing a constitution.

Every worthy American must be penetrated with feelings of gratitude, when he contemplates the beautiful structure of our govern

ment, and the wonderful harmony and adaptation of its parts. The people, although divided into several communities, are, nevertheless, by their compact, bound together in fraternal relations, under a common head, with all the same social interests, duties, and feelings, which belong to a consolidated nation. In its great outlines, human wisdom could not devise anything more perfect, to secure to those who live under its protection, in the possession of their rights, and to defend them from calamities attendant upon civil dissensions. It would have been essentially defective in its arrangements, if provision for the adjustment of disputes between the members of the confederacy had been omitted. An appeal to arms, which is the only means of redress by one nation for the wrong committed upon it by another, is ill suited to the condition of the members of the same political family.

'But in this part of the system, an inherent difficulty reminds us of the imperfections of all human works. Our government is based upon a written constitution, which is the rule of conduct for all the constituted authorities. Legisla tive discretion finds its limits there, Who shall decide when its boundaries are trangressed? If this power had been placed in congress, then not the constitution, but the will of that body, would be the fundamental law of the empire. It is in the nature of things, that there must be an irresponsible power somewhere; and in the adjustment of the parts of our government, it was deemed essential to the uniformity of its action, to place it beyond the influence of those commotions arising from popular errors, which indiscriminately destroy, and soon pass away. This

power was, therefore, intended to be placed in judicial officers, rendered immovable save for misconduct.

'This body, being the ultimate tribunal, from which no appeal lies, must necessarily decide, among other things, upon its own constitutional powers. The only relief from its errors, rests in a resort to amendments of the constitution, to an impeachment of the judges, and in cases of flagrant usurpations, to a refusal by the officers to execute its decrees, or a forcible resistance on the part of the state which is sought to be subjected to its power.

While we deny to the supreme court the right to bring us before its judgment seat, we have no reason to believe that it designs to usurp authority over us, or that it will persist in enforcing a jurisdiction, when it is convinced of its error. Indeed the court seem to invite us to a discussion of their power, in the closing part of their opinion, where they say, that "the question of proceeding to a final decree will be considered as not conclusively settled, until the cause shall come on to be heard in chief."

'However clear we may consider the question to be, that the court has no power, yet the only peaceful tribunal which has cognizance of the question has decided it, provisionally against us, and it becomes a question of magnitude, whether we shall now assume an attitude of resistance, or whether we shall embrace the opportunity still presented to us, to debate the question.

'It will be proper to inquire in the first place, if any and what rights of the state, will be compromised, by any appearance in court to contest the jurisdiction, and ultimately to try the merits of

'It has been feared by some, that if we should appear in court, we should thereby waive our right to object to the jurisdiction in the subsequent progress of the cause. If a law of congress be necessary to give effect to the constitution, and the court takes no jurisdiction without it, then appearance by the court waives nothing.

the dispute between the states. A the enlightened sense of the Amerresort to forcible resistance would ican people, that the technical be both unwise and unbecoming in rules of law, so proper and expethe state, except on undisputed dient in ordinary causes between ground, and at the last point of private partics, ought not to apply forbearance. to a case so peculiar and momentous. This case is entirely anomalous, involving a great and fundamental question of right; it is to determine the limits of power between a state sovereignty and an arm of the national government, beyond which, there is no appeal, except to that which severs the bonds of the Union, and involves us in all the horrors of a civil war. Such rights as we contend for, are not to be controlled by technicalities, and cannot be waived by an implication. We have too much regard to the public peace, too much respect for the constituted authorities, too much interest in sustaining the national, as well as, state governments in their proper spheres, to put at defiance any branch of authority created by the constitution, until argument and remonstrance are exhausted.

Juris

diction cannot be conferred by an act which does not extend it over all of the states. The constitution or the law, or both conjointly, may confer such a jurisdiction, but no state can bestow it either by implication or express consent. It is a rule of law, that the consent of a party does not give jurisdiction; a court takes no more power by virtue of it, than an unofficial person. The authority of a tribunal erected by the consent of the parties, is derived from the submission, and cannot be extended beyond its term. Contending, as we do, that the clause of the constitution which declares that the judicial power shall extend to controversies between states, is a dormant power, and does not attach to any tribunal until it is vivified by an act of congress, our appearance, in compliance with a summons from the court, under a protest against its proceedings, will admit nothing.

But supposing that this position is untenable, and that the constitution should be interpreted to mean to invest the court with a jurisdiction, which is unable to execute, for want of process to bring the parties into court; yet we have a right to contend, and I think we will be sustained by the court, and

'We have great confidence, that when the merits of the controversy between this state and New Jersey shall be examined, they will be found to rest with us. If this should be the result of an investigation before the court, it would quiet this hitherto vexatious dispute, which has so long disturbed our harmony with a sister state. If, however, judgment should pass contrary to our expectations, and justice should not demand of us to cede the disputed territory, and we should still deny the authority of the tribunal, we should then be in as good a condition to resist the execution of the judgment, as if it had passed against us by default of appearance.

As the court has seen fit to select the executive and attorney

general, as the proper persons to bring into their court, as the representatives of the State, I shall, unless otherwise directed by the legislature, instruct the attorney general, to protest against any waiver of right by appearance, and to appear and contest the suit in its progress to its final determination.

E. T. THROOP.

Albany, March 10, 1831.'

An effort was made to sustain the doctrines of this Message in the legislature; and, with that view, the subject was referred to a committee, which brought in a report in favor of the views of the government, and a counter report, exposing their futility, in so powerful a manner, that his friends were unwilling to agitate the subject further.

NEW JERSEY.

ELECTIONS.-October, 1830.— which 9 are females. For the Peter D. Vroom was re-elected accommodation of these, there are Governor b ythe Legislature.

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15,083 15,159

Mickle 14,209 Cooper Jeffers 13,087 Hughes 15,014 1831.-November.-Gov. Vroom was re-elected.

From the message of the Governor to the Legislature it appears, that the balance in the State treasury, after paying the ordinary expenses, is $15,000.-The operations of the school fund have paid the annual appropriation of $20,000 to the common schools, and leave a small surplus to be added to the principal. The amount of the fund is $225,758.-There are 2,350 stand of arms, fit for use, in the armory in the State House, besides 4,300 supplied by the United States, subject to the order of the State. The financial condition of the State Prison is favorable, its carnings having exceeded its expenses by $2,515. The number of convicts at present is 130, of

but 40 cells, a number so inadequate as to be of very injurious effect on discipline,and the morals of prisoners. The increase of convicts, in the last three years, has been fifty per cent. The two great works of internal improvement, the Delaware and Raritan canal, and the Camden and Amboy rail-road, are advancing steadily to their completion. The latter will be put in operation from Amboy to Bordentown, in 1832. The canal is upon an adequate scale. The rail-road from Paterson to Hudson has been commenced under favorable circumstances, and promises great advantages. The route of the contemplated rail-road from Elizabethtown to Somerville, was surveyed in 1831. Its extension is recommended to the Delaware.

CAMDEN AND AMBOY RAILROAD.-Camden is a small village on the Delaware, opposite the city of Philadelphia, where the river is about one mile in breadth. South Amboy is seated at the head of the Raritan Bay, sixty-one miles and ten chains from Camden, as measured by the course of the rail-road; and is about twenty-four miles from the city of New York, (by

the passage of persons across the
State of New Jersey. The sum
now received for light freight, and
the passage of persons, by the pre-
sent conveyances, is estimated to
exceed $500,000.
The comple
tion of the whole of this great
work, has been calculated as not
likely to exceed $1,200,000.

water,) making the whole distance nearer connexion with New York. from Camden to New-York rather The tolls and freights for these less than eighty-six miles. The cargoes must treble the profits charter for the rail-road from Cam- now derived from this source, and den to South Amboy was granted by the Legislature of New Jersey, early in 1830. Surveys for the designation of the line of the road, were begun in June, 1830. By pursuing a course near the Delaware river, a favorable route has been discovered, in a direct line, so that in many places there is not for miles, any deviation from a straight line. The estimate of the engineer, for grading the whole extent of the road, sixty-one miles, ten chains, including bridges, &c. was $235,935 39. Contracts for this purpose were soon after made, $19,000 within this

sum.

South Amboy, where the road terminates at the eastern end, is one of the finest harbors in the United States, accessible, at all seasons, for the largest vessels from the sea, and from New York; so that the communication with Philadelphia and foreign countries, by this route, will be uninterrupted.

BELLEVILLE, Essex county, on the Passaic, about nine miles from New York, has a population of 1,000,and is a considerable manufacturing town. The copper works here make 1,800,000 pounds of copper sheets and bars, annually; giving employment to 70 hands, and consuming 1,300 tons of coal. At one of the establishments there is a set of rollers weighing 14,000 pounds.

The Eagle Printing Works' at Belleville, employ 400 hands, and make 4,500 pieces of calico, of 28 yards each, per week, and the annual amount of goods manufactured and sold, is between 900,000 and 1,000,000 of dollars. Attached to the establishment are smithies for doing their own ironwork; and the designing and en. graving on copper, for printing, are done by artists belonging to the works. There is consumed, in the various works, 2,500 tons of coal per year. Near this stands an establishment for the rolling of brass and silver into sheets. Twenty-five hands are employed in its operations, which are extensive, and the proprietors are about to commence the manufacture of gilt and fancy buttons, on a large scale. There is also here a manufactory of store and church lamps, and à brass-founding establish

Locomotive engines are to be used. These may safely be estimated to move at the rate of 15 miles per hour; this, allowing four hours for the trip from Camden to Amboy, and allowing two hours to reach New York from Amboy, gives six hours for the trip from Philadelphia to New York. South Amboy, possessing the advantages it does, for a port of entry and departure, during the winter months, and having added to it, the facilities for transportation of the cargoes of merchant traders by the rail-road, must become an important point for the mercantile operations of Philadelphia, independ- ment, &c. which employs ten ently of the advantages of its hands, and makes of those articles

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