Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1830-10-05
Lasi Hlas,, Of Judge Washingt&.-Heariing

Vi ~ oS'ShN
and feeling the most lively interest IN him from
long personal acquaintance. aad also a family con-
nexion, [ called to make inquiries OF his health on
the Goth of November tsix days before he died
| was asked into his chamber, and found him much
emaciated, and jaundiced deeply, without pam.
Though stretched on the bed OF sickness, he ma
infested his usual cheeriulness, and IN a short time
our conversation was directed to a variety OF sub:
jects, then the topics Of the dav, as the Virginia
Convention, the Virginia University, the general
political condition of our country, the origin, po-
icy and powers Of the Court of which he was a
member. He asked several questions about the
Convention. stating that it was only within a lew
days that his mind had recovered sufficient tone
for him to read the papers on the subject.
In the course of this interview | expressed a
regret at the unsettled state Of the internal poll
tics of our country, its frequent changes, and the
disposition TO introduce a proscr1ptlve system
against the exercise Of a constitutional right OF
suffrage. In these he acquiesced without saying
much. ] went on further to expresses an opinion
that tine noble tribunal Of which he was a mem
Der seemed to be the only feature OF our repn6li.
can system having permanence, and upon which
could rest the hopes of those desiring a settled
condition of things. aud an unyarying lnterpre-
tation Of our constitutions! privileges. That ow-
Ing to the digpifed and cautious course WITCH
this courthad adopted. adecision oft had a more
satisfactory influence upon public opinion, than
all act Of congress-; that it was to be hoped, that
its independence would never be taken from it,
| that it would never be converted into an ex-
| e~cutiye tool, or become the instrument OF an
ephemeral p%redominance of party. and that IT
might always remain as a corrective to the lncom-
petent knowledge of legislative bodies. | also
added that | considered it a disrensation OF Pro-
violence for our good, that there had been so few
changes in the constituents Of his court since its
organizations: that this circumstance alone must
have given rise TO many decisions which would
determine with precision the theory of our govern
ment.
These observations evidently put the Judge in
a train Of thought which animated him and gave
| him pleasure to pursue. He admitted unheSltat-
inglv the correctness Of these views, observing
that. though all the decisions required had not
been made, vet there were enough TO establish
principles, aud to define the boundaries Of state
| rights. and those of the general government
He said that to avoid giving offence to States, 1t
had ALWAYS been a maxim in the court. to presume
| hat their legislatures meant we'll, that therefore
on indifferent points their pretensiuUs were ad-
| united: but when their preiensions were such
that the operations of the general government
could be cran,ped BY them they were quashed.
He then quoted several instances OF decisions
against the acts Of state legislatures, some OF
which had given much offence at first, but were
finally acquiesced in. For example, the claims
of states to tax u stock enanaiins under the az
fhoritv Of the general government, were invali-
dated nv the decisions If his court, because the
smallest concession Of such a right might ulti-
matelv produce an underlined extension of it, to
4 tko aa,ct If rrapooinn or dafoattpu ronnIptpiy
the objects of the general government in the es-
adjustment Of such a stock. Again, any pre-
tensions Of a state to tax the salaries of United
States officers were inadmissible. because eoin-
petent salaries were the guaranty for obtaining
competent men. but If a state by taxing 1t could
reduce such salary. it thereby obtained the DOW
err of fixing the description Of individually who
occupied the offices of the general government.
The Judge, in proceeding. mentioned that on a
decision Of his court annuIling a law of Pennsyl.
wanna. the late Judge Breckenridge of this state
meeting him the day after at breakfast, said to
him in a jocose way. $50 | find you have upset
orr law on such a subject"-'Yes," was the re-
ply. at could not be helped:'' We'll" says
b. .'you have done exactly right: it was an abo-
minable law, bur il was more than our bench dare
do, to pronounce it unconstitutional. though such
! a decision was much demanded
Hief th"se ncHcrdl topics, JUuSt hShIl%'o1
talked ON private matters. and seemed ripe for
conversation. some of which was of a playful
kind. and directed a: his lady, who sat at his side,
for her apprehension of steam boats, in conse-
uuence of which they had to make Il wearisorne
Journey from Mount Vernon to Philadelphia and
back again So frequently. She had never been
in one. This interview lasted for an hour. and
was truly deli :htful TO me. The judge seemed
SO animated. a,at | took it for granted that he
would recoverable was seized, however, in a few
DAYS afterwards with a swelling of the glands in
hi, neck. which made swallowing so difficult. that
DIR. Phyisck lad to pass a cathetcr through his
nostrils into the throat, to introduce nourishment.
His mind was most fully prepared for death, both
by the tranquility with Which he viewed the event
and the perfect arrangement OF bis temporal al
fairs. A few days before death he had drawn up
by a confidential friend, instructioRssto his near
relatives on the disposition ofhis body on demise.
These go to show how closely he had applied the
circumstances ofdeath to himself, and how much
opposed he was TO an ostentatious funeral. He
directed that no change should be made in his