Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-10-22


Tobias WatiSins, however weak or vicious bis con
duct may have teens is deprived of his liberty in vio-
iallon OF the Constitution o. our country.
Inc essay concluded lis remark by saying that The
law OIL The case had been Totally u!lscouceved. The
sentence having been nassed may now with nro
ptiety aid, What believe to be equally. true that
The iacis In legal point of view have been equally
luisunderatoad; meaning thereby affirm distinctly
uS propns'Q That the facts stated in the three Sc,
verai indicuer.s upon which convictions bpvo pass.
cd, Go not constitute of:.nee accordog to any
cooe ever known III thee y. States. Ent With this
Uew, with many other views of the case in relation
20 circumstances without parallel do ,,ot mean To-
nave any cqucrfn have confined myself 10 dp,v
Which s'iscted thirty years ago, and s.a reyuin ar
NY post even it am TO remain alone.
sa!i that did not mean and i no not mean T.,
argue tue pnli!ls itere presented But there has been
one suggestion on tins subject, Which sbgl! be briefly
noticed. 9se suggestion is, thu, where there is no
aW OF inc = states, sealnig to matter Within the
may operate. Yhie proposition war sppposed to- be
Nluslraeti ii not proved by the aiJnhled fact that in
case The General Government does not choose to ex-
?Ir'se us power, ~ pass 'itiiorm laws the sun
irct ol bankruptcies throughout the u. States" the
,eIG's themselves ,tay pass iBsolvent or modified
! bankrupt laws. TIE fact is conceded; aad the
pfoposition Which it is brought farwari to arp
g g, u1@t DC Njso Conceded, with slight no
Gjca'ipn. AIt his inodjfcatian covers tie whulc
ErouDi noW ia debaie The truth is this wber. the
lfneraI ard The State Governments have both autho-
fity TO act on given subject bnkrupicy for instance
"f the I. States But the argument snpposes this
sort Of concurrent jnrisdictiou exist Now in the
use oe!ore Us, III matters OF personal and criminal
~, IL oosH Hol cAat fn oH,ice against the United
|ates, as St! cannot BE- the subject Of local State
icssatiun Each tipyerntDent acting Tor itself emu
inHrates und describes the offences which it chooses
10 coHdnEon and 20 punish: and fan done be renl-
y an offence against the L States we look to th.r
laws alee tpr It's description and lis punishment. +
Iis idea be enrrcc, III reference to sovereign and
independent State, it may crrtainy be applied With
a. east equal WoPsiety To the deVn4ent djs3Ict Of
1t may be- still. readily cpnccved that nasticular
act lnay be offensive at tie same time, TO sSiatc
Government as well as to the General Government
y State government, ii Congress chose to remain
se as 70 the forgery of notes OF the Bank of tho u.
Sta'es nught wcUpass lazy, Furnishing sOc forgery.
bnt the State acts for itself ard properly Furnishes
'fle individual, who by couDteraitng potea forIning
part or tile circulating medium may practice frauds
to the great injury otinividuas and Of The country
iFen lii such case, statute OF Congress- ouid Sill
percede the State lay.
n the preceding renarks, Big thai may HOB be
understood as saying. nleRuiIrg to say auv thing
aSrespectiut OF the Judges. ! know tie men; and
believe that tbcy have acted mast co.scieutiooAly
but as firmly brlievc that they Isavc greatly erred
'Hey Lave totally mistaken the point, which
she prosecution hung Ehe cbaTge agans, them CT
leanRg towards The prisoner is silly is indie
corous and unjust Ii they have erred, us atn very
sure Trey have, their error has been a,as; tie
sed. Ihey have erred In favor Of the urosecuon,.
and 1t is my Deliberate, though Perhaps erroneous
conv!cuon, that the unprecn!euied condnrt OF the
esS, IN leIatiaa 10 the court, the grand jury the
o:s;'Ict Attorney aud the marshal pr0ducid course
at procefhjGg, and result to WHICH 1t dspassionate
ana Unbiased inquiry never could have led.
viii not leave topic Of this sort, without saving
thai never was sensible than o. this moment
81 tie public well as individual loss susi ained III
the deata o the late President ofthe Court Of ppeas
"iIe iroS q nan" who spoke without fear truth or
What he believed to be truth. '.Yerlte sans peur'
vas not his motto, but he might have nssnoed il with
unqucstoned Propriety He never would have coun-
tGH2nced even for moment, the unconstitutional l-
pfisonment ola citizen Of tue ". States, whateyer.
In:g be bis opinion of the weakness the VICE by
Which that iHSrispumeDt vas producnd.
PH0CIoN
Mr.. !lrie aud Sir. Smith are clccted Representa-
tIvcs III Congress, from the BefBs County District il
Hennsylvania, in the p'ace Of NIr. Wolf ana NJ.
ipgham, resigned.
The ship EebiOs, Captain Russell sailed from New
orh on Thursday last, for Cadlz, With the fdliow-
inn passengers:
lion. G. p. Van Ness, Minister to Spain lady,
daughter, and son. Mrs Ouseley, his relative and
servants.
MAkEksTkaD, Thursday evening, inst Nv TIT
Fey p { Mcclure DR.. WnLiAEi BASKHEap Caroline to
bliss DoBoTIEA T.. hlINOR daughter of Ganet Minor ESQ