The Iowa patriot. [volume] (Burlington [Iowa]) 1839-1839, 1839-06-13

From the United States Gazette.
THE JUDICIARY AND THE CoNsTITU-
T1oN.-lf we rightly interpret the signs of
i the times, there is a growing disposition
in the Van Buren, party, to make the ju-
dicial tenure a national question. 1t is
known that many who are leaders of the
cohorts Of party, are loud in their denun-
citation Of the principles upon which the
! United States Courts are founded. We
see this, not in the direct assaults in the
Harrisburg Reporter, where the first OBJ.
/ iect of attack is declared to be the Judi
cial tenure, which is at once to be revo-
lutionized-but we have it also in the sue
cess which attended the attempt to des-
troy the tenure Of good behaviour, of the
/ Judges in Pennsylvania. We see it in the
rawlings of the Globe upon the subject,
and we find it in the insidious attacks up
on the Constitution, in other papers of the
same political caste. An attack in the
Boston Post upon the Constitution ap.
pears to be more ultra, more Jacobinical
than any thing that has previously reach
ed US. The editor of that paper, (the ar
ticle is editorial is anxious to prove that
the Constitution Of the Uni.ed States is
not binding upon "the people" and that
only John Quincy Adams, Daniel Web
ster, and other members of the Hamilton
! school--( John @. Adams of the Hamil-
ton school !!!D-are anxious to consider
that weighty instrument of good, work
approved blythe people: and the argument
! is founded upon the assumption, that a
majority of the peeple--or rather as the
Post says, the people themselves, would
not have approved of the Constitution al
the time it was accepted by the States;
/ and Oliver Ellsworth and Patrick Henry,
are quoted as having evinced steady
i hostility not only to the Constitution, but
to the words, eve, the people," with
which it commences and the Post adds:
! "May the spirit of Patrick Henry and
: Oliver Ellsworth nerve the ARMS, and
warm the HEARTS, and guide the minds OIL
: their descendants!''
s--~--------
t From The ':Progress of DueNing an the
nineteenth Cent;ay.'
. Although the notice of American duels
!, does not fall within the scope of the pres
ent article, yet we cannot forbear from Of
(, fering our readers slight sketch of thu
most important affair contained in bloody
pages Of their annals:-we allude to tina
l fought in 1894 between Col. Burr ant
Gen. Hamilton. At the time the affai
occurred Burr was Vice President Of thu
l United States, and Hamilton had been ap
| pointed to succeed Mr. Livingston as tht
Ambassador to the Rupublic at Paris
The immediate origin of the dispute wa:
/. a pamphlet published by DR.. Cooper
which contained the following PASSAGE
1 General Hamilton and DR. Kent say, that
they consider Colonel Burr as a danger
7 Gus man, and one unfit to be trusted will
the reins of government General Ham
iIton has expressed of Mr. Burr opinion.
Y still more despicable.' This latter pas
: sage excited the resentment of Col. Bur-
: who sent friend with letter to Genera
e Hamilton demanding ssprompt and I'm
: qualified acknowledgements or denial Q
the expression which could justify thi:
Q inference On the part of DIR Cooper
: The General objected to this demand
/, considering it as too indefinite, or as cal
e ling on hiEl to retrace every conversation
$ which he had held, either publicly or con
: fdentially, in the course of fifteen year.
: opposition, and to contradict that which
very possibly might have escaped hi
: memory. If any thing more defnit,
T should be proposed, he expressed his vii
lingness to give Col. Burr all proper sat
: isfaction. That gentleman, however, in
L sisted upon general retraction, stating
I that it was no matter whether his homo
G had been attacked loudly or in whisper
" General Hamilton refused to acquiesce il
y his demand; and meeting was require,
y by Burr.
a They met, and General Hamilton re
e ceiyed fatal wound. It appeared tina
e he had determined not to return Colone
IS Burr's first fire; but that on his receiving
the shock a mortal wound, his pisto
: went off involuntarily, and without bein
$ aimed. Search was afterwards made 70
his ball. which was found lodged in &c
u dar tree, at the height of eleven feet an
e half, fourteen PAGES from the plac
a where General Hamilton stood and NOR
g than four feet out of the line Of direction
y between the parties.
J Genera ,,'amilton was greatly respect
o ed, being !er of his party. His funel
e al was attended by all the public function
1t aries of New York-the bells of the cit,
, were muffled, and tolled during the da,
/ the shops, at the instance of the com
= mon council, were closed-all bushes
IS suspended-and the nrincinal inhah;