Alabama state intelligencer., 1831-07-16

.'Frst-That the punishment of death IS requir ed by no law natural or divine nor by any wise po Hey, for any crime in relation to property merely, where human life has not been destroyed; conses quenty that highway robbery, burglary, and arson, where life is not, in fact, sacrificed ought not to be punished.
 "Secondy,-That rape ought to be punished by solitary confinement for life, so that the criminal will be no more seen or heard off,
 "Thirdly,-That murder may be punished as se- condly above and without the possibility of escape, pardon or mitigaton but that, if the public sent- ment still demands death, it should be in private, and in the manner already stated
 "Signs ofhe Times &c.'-A pamphlet has recent ly been published in Columbia s. c. of the above title comprising thirty pages. Itcontans series of well written essays under the signature of Madison originally published in the Free Press and Hioe. The Charleston Courier says the doctrine of nullfcation is severely handled in the pages this pamphlet and the and falacy of the doctrine ably exposed All that we have seen of this pamphlet is the follow ing remarks appended thereto by the publisher, which we lay before our readers to illustrate the con- sistency of Mir McDufie.
 Perhaps never, since the birth ofour Repulic have our institutions been exposed to more jeopardy than at the present momentous crsis-hence it becomes every patriot, every friend of liberty, to weigh well the motives and the arguments of those who would make us believe that the grand experiment of our Government has proved "splendM .failure," and that "Disunion IS our only preseruaton!'-"the Uni ted States IS natiOn"-that " zee better of tian the Belgians or Poles'-and the time has come when patriotism invites Ito calculate the Ualue of tie UniOn" and no longer "to trsmble at Disunion 2! And to assist the candidinqurer after truth, would again most earnestly recommend the perusal of the foregoing essays penned in spirit of moderation strictly argumentatve, and breathing throughout a spirit of the purest patriotism.
 The plea of the nullifers, whereon is so confident y predcated the righteousness of resistance 'a any and every hazard" is "palpable" violation of the constitution yet papable this violation is it was entirely unobserved by the Hon. Geo. McDuffie and Gov. Hamilton in 1891 The following are quotations from pamphlet, written in that year, by the former gentleman, (Mr McDuffie,) and prefaced by the latter:
 "The States, as political bodies, hdUe no original inherent rights That they have such rights, is false, dangerous, and anti-repubcan assumption which turks at the bottom of all the reasoning in fla vor of State Rights"
 "It is the ambition of that class of politicians who expect to figure only in the State Councils, and of those States who are too proud to acknowledge any superior. An ambition and pride of the most alarm ing and dangerous tendency and which, if not dis countenanced by moderate aud rctlecting men, may at some future day, dissolve our happy nation and sweep away in a tide of cioH blOod all that const tutes the happiness of individuals or the glory of naton."
 By the express letter of the national charter Con- gress has pO,oer to lay and collect taxes, dutes posts and excises, to declare war; &c. to raise and support armies, and to provide and maintain navy These powers granted in the most general and unlimited terms. Upon the discretion of Congress in laying and collecting taxes and in raising and sup porting armies, there is restrictions but those in- posed by nature"
 'U ajter the National Judiciary has soiemlny af- frmed the consiutOnoity of la,o a IS still to Dc re- sisted Jy the State ruers the Constitution is literally at an end: REVOLUTION of the Government IS alrea- dy accomplished and dndrchy its horrd sceptre orer the broken altars of this happy Umion."
 ''You assert that when any conflict shall occur be- tween the General and State Governments as to the extent of their respective powers, 'each party has right to judge for itseF' confess am at loss to know how such proposition ought to be treated- No climax of political hereses can be imagined in which this might not fairly claim the most prominent place. It resolves the government al into the elements of physical force, and introduces directly into scene of anarchy and bood There is not single power delegated to the General Government which it would , not be in the power of every State to Congress should pass law to lay and collect taxes duties imposts and excises, and State Legislature should pass another declaring the object for which the revenue intended unconstitutional, and there fore prohibiting the officers of the General Govern ment by penalties, from collecting the taxes duties, imposts, and exclses, &c.'"
 "In all governments there must be some one su- preme power in other words, every question that can arise as to the constitutional extent the powers of different classes offunctionares must be suscep be of legal and peaceable determination, by some tribunal of acknowledged authority, or force must De the inepabe consequence; and rhere force begins, g0 uernment ends. And it is the astonishing that you have assumed positions involving such tremen- dous consequences, when we consider that they in direct opposition to the strict letter the consttu tion your favorte test of the extent of delegated power. It is therein provided that the Constitution and laws of the United States which shall be in pur suance thereof' shall be the supreme law ofthe and and the judges tn erery State shall be bound thereby any thing the Consultation or la,o o any State to the contrary notwithstanding"
 "For you can hardly be ignorant that law is dead letter, without an organ to expound and an n strument to enforce it. I would suppose therefore that no professional mancould hesitate in saying that forcibie opposition to the judgement of the Federal Court founded upon act of Congress, by ,ohaterer state authority opposition may De authorized would be the very which the farmers of Constitu- ton had in view when they made provision for call ing out the militia to execute the laws of the Union But sincerely hope that your lcentous doctrines will never have the effect of misleading the State au thores so far as to render this terrible resort una yoidabe. trust that the farewell address of Gene d ral Washington admonishng his fellow-citizens to sfrown indignantly upon those who preach up doc trinss tending to Disunion, is not yet forgotten"