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in the trial of Andrew Marschalk, on two in-much had been said and written, relative to dictments for libels printed in his newspaper, your character, he did expect to have heard called "The Washington Republican," against something proved, which would have placed it you. Under our laws the defendant, in such in a very unfavorable point of view; but, so far cases, has a right to give, in evidence in his from that, he was well satisfied, that the fairest defence, the truth of the matter charged as character among us, which had had so many libellous; and this privilege the defendant, on transactions with the world, could not have ap that occasion, availed himself of to the fullest peared more fair, after having been subjected extent. He was permitted, at your instance, to such a rigid examination, embracing every to go into a particular specification of all the transaction for a period of fourteen or fifteen circumstances relative to any transaction of years. I have heard several other gentlemen your's with others, whether of a professional or express themselves in similar terms. private nature, since your residence in this In the argument of the cause, the defendant's country. A solitary case only excepted, which counsel did not pretend to have proved the took place between yourself and the unfortune truth of the matter charged as libellous, but. and which is, by some, called "an rested the defence of their client on the latiaffair of honor." In that, a witness who was tude which ought to be given to the liberty of an important friend to the unfortune Mr., the press, and the propriety of taking, by means was brought into court, who stated the subject of the press, a wide range in scrutinizing the about which he was called on to testify, and conduct of public agents. that he had not voluntarily come forward on that occasion. This witness was objected to by the Attorney General, on the ground that his evidence, if fully given, would implicate himself in an affair of a most serious nature. His testimony was, on that ground, rejected by the court, with the remark, that the court did not We insert the communication of our corresconceive itself bound to notice, officially, eve pondent without entering into a controversy ry rumor which might be afloat, on subjects of with him, on the propriety of permitting Mr. that or any other nature; but if a person came Burrows to enter upon the soil of the Old Dovoluntarily forward and made oath to such facts mion, for the purpose of erecting a monument as would make an investigation necessary, it to the mother of Washington. Our comment would feel itself then bound to institute an in-went to show the reduced condition of that quiry. But, as the witness had not voluntarily State, exhibited in the fact itself, and to rebuke come forward, he might retire; which he ac- the Globe for assailing Virginia for an act of cordingly did. which General Jackson forms an important ap

I am, Sir, very respectfully,

Your most obedient,
And very humble servant,
WALTER LEAKE.

GEO. POINDEXTER, Esq.

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FREDERICKSBURG, June 20th, 1832.

After a trial which occupied three or four pendage. The writer has given us an assurdays, your character exhibited as much purity ance that he is what he professes to be; but he as any man's could have done, which had been must excuse us for not inserting his postscript subjected to such rigid scrutiny. For, the trial which, to say the least of it, is rather impertihaving taken place in the county wherein your nent for a stranger. We do not permit such residence had been fixed, since your first arri. to lecture us through our own columns, on the val in the country, an opportunity was the bet- question of duty or editorial etiquette. We ter afforded to exhibit evidence relative to eve-are not his competitors for the promulgation of ry transaction of your's, in which any kind of a code, either of ethics or morals.-Editor Tel dispute had arisen with others; and that evidence, too, derived from witnesses who were SIR: An absence from home of some days parties against you in those disputes, and whom, has prevented an earlier notice of a piece cothough honest, might be fairly supposed to be pied by you from the Globe, with a commentamuch under the influence of self interest in ry of your own, and which seems originally to forming the opinions of your conduct about have appeared in the Rochester Reporter. which they were to testify. And no person The writer charges the "Clay prints" with who heard the trial can be of opinion, that praising the liberality of Silas E. Burrows, for the opportunity which was then afforded, was the purpose of blinding the public to his conin the least neglected, but that it was pursued nexion with the United States Bank. This is a with the most rigid assiduity. Indeed, it was forced, illiberal, and I believe, unjust construcmatter of much surprise to many, whose minds tion. Mr. Burrows is known to be one of the bad been somewhat affected by so many scan-most devoted friends of General Jackson, and I dalous charges as had been published in the had thought that the report of the minority of defendant's newspaper, that something was not the Bank Committee, which, torpedo like, produced in evidence, which would, at least, blew up the malice and misconstruction of the have cast a shade over your character. majority, had settled the question of Mr. B.'s After the trial was over, I heard a gentleman entire freedom from all blame in that matter. of "high standing and great respectability." But, alas! in this day of corruption, intrigue, (and who was not one of your warmest friends,) and scrambling for power, nothing is too sacred, declare, that he was never more disappointed nothing too gross to be circulated, if it suits the in his expectations, than on hearing the evi-purposes of political partisans. Calumny with dence delivered on that trial: for, after so hydra-head and stentorian lungs, strives to es

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rent rights of man. This is the plan which we should pursue, and this is the one which I propose to adopt. To enter, then, at once upon We must ask pardon of our correspondent the subject; you ask me, has a State a right to whose communication is below. When receiv-nullify an act of Congress? Permit me, for the ed, it was immediately handed to the composi- purpose of sustaining the ground which I shall tor, with instructions that an editorial introduc take, to meet this question, by another and in tion would be prepared for it. The pressure my response to it, my answer to your question, of other matters had driven it from our notice. and my reason for this answer, will be found. I would ask you, then, has an individual We invite a continuation of his contributions, and will endeavor to give his next a prompt right, under any circumstances, to resist a law of the community in which he lives? You say insertion. that he has not; and cite the consent of a maWASHINGTON, 31st May, 1832. MY DEAR SIR: I have but just received jority of that community in favor of the law, to your-letter, and you see I give to it an imme. support your position. I grant, in the outset, diate reply. The subject of it is one of great that common consent may be a very strong arimportance, and produces much excitement as gument in favor of a law; but, although this well as considerable contrariety of opinion. rule, as a general one, is good, yet to this, as to Nor should we be surprised at this; for, to its all general rules, there exists, sometimes, very

powerful exceptions. To be convinced of this, who will say that this doctrine is always corwe have only to direct our attention to the his rect Who will say that, when Cæsar grasps tory of mankind, and whether we make our the tyrant's sword, a patriot may not draw the survey of this history in the departments of re dagger of a Brutus? Who will say that, when ligion, morals, or politics, we shall find the he is plundered of his property and stript of most abundant exceptions to your principle. his rights, that he is bound to acquiesce, be Take, for instance, religion first; and, I say, cause common consent supports it ? It was not take it first, because it is, in truth, man's first upon this principle that our ancestors acted. It and dearest concern; because it is the nurse is not upon this principle that our declaration which sings the lullaby of repuse to him in of independence was based. No--they went the hour of affliction, and the still more try-upon a different principle. Common consent ing one of death-take religion, then, and was originally against them. The theory and shall we regard common consent here as al practice of the world were against them. All ways a good argument in its favor? If so, what Europe, all Asia, all Africa, all America. will you say against the monstrous structure of except a mere speck of the continent, were Pagan superstition? for that was supported by against them. But, they cared not for this. common consent. Again, it is by common con- They detected the fallacy which lurked under sent that poligamy is sustained by the follow-this proposition, and scorned to be the victim ers of Mahomet; and it is also by common con- of its wiles. They resisted common consent; sent that the contrary is maintained by Chris- they battered it to the ground, and triumphed tians. It was by common consent that the di- in the contest. We say that they were right vine Saviour of mankind was put to an ignomi- in doing this; but if they were, was the rights nious death; and it is by common consent that of the whole people, in this case, one whit Christians condemn the act, and call it Deicide. stronger than that of each individual who made Now, if Paganism be false-if it degrade man's a part of this people? Was it not just as much intellect and corrupt his heart, does common his right to judge as theirs--just as much his to consent make it true, or in any respect change resist as theirs? Most clearly; and it is preits character? By no means. The system, cisely upon the same principle, to resist any whatever it is, remains what it was; and hence, law which violates his constitution, or robs him here, at least, the argument is not good. of his rights. In vain may common consent be Let us now see how this principle operates urged in its favor; in vain may it be bolstered in morals. If true, look into the history of on men distinguished for their learning, and, if antiquity, we shall find just as great a diversi- you please, for their virtues; yet, if it be not ty in their system of morals as in those of reli- in accordance with the Constitution of the land gion. It was not against the ethics of Lycur--if it unjustly invade the inherent rights of gus to slay the deformed children of his demo-man, it is the act of a tyrant, and the edict of cracy; and it was consonant with those of injustice. And who will contend, if it be such, Sparta to thieve and lie. Such were their mo- that it ought to be obeyed? Will you contend? rals, and yet common consent supported them! But I will conclude for the present. I have The feelings of nature bowed before the tyrant much more to say on this subject, and will recustom, and yet common consent supported it. serve it for my future letters. But, let us turn our attention now to civil government, and see how it operates here.

Extract from a letter to the editor, dated

It is by common consent that these are creALBANY, 27th June, 1832. ated; and it is by the same common consent Gen. DUFF GREEN: Sir-About the 10th of that they are preserved. Yet, however diver- March, 1831, I addressed you a letter, stating sified may be their forms--however they may that it was contemplated here by the friends of enlarge or circumscribe the boundaries of the Mr. Van Buren, to run him for the Vice Presirights of man--however they may tend to ele dency at the ensuing presidential election; that vate or depress the dignity of his nature, still it was then a secret with his confidential friends, are they preserved-I speak generally--By or intended to be such; and that, if he should common consent. It was this which called be elected with General Jackson, the latter them into existence; and it is upon this that would immediately resign, and leave his favothey repose. Would you know what sustains rite, the Vice President, in possession of the despotism of the Turk-what gives ener-robes, honors, and patronage of the Presidency, gy to his will, and maintains his sway? Would in the same manner that Van Buren conferred you know what causes forty millions of men upon Enos T. Throop the executive functions to bow their suppliant knee to the tyrant who of this State in 1828. You published the subrules them? Would you know what has caused stance of that communication in the U. S. Teseven millions of Irishmen, brave as the lordly legraph in July following, upon which Mr. Ritlion, and generous as that noble monarch of chie, and other consistent editors of the Van the forest, to endure for more than three Buren school, affected to treat such a PLOT with hundred years, the lash of unremitted and ridicule, and the venerable editor of the Richunmerited persecution? It was common mond Enquirer solemnly declared, that whatconsent. Common consent, then, is not al-ever Mr. Van Buren's friends might wish to do ways a sufficient reason for obedience to the in relation to this matter, for his own part he law. No--common consent may be the parent should not be accessary to the "PLOT," nor of passive obedience and non-resistance; but would he (Mr. Ritchie) support Mr. Van Buren

for that office. That the plot did exist at that tion shall be withdrawn from any branch of time, will be made manifest. My letter was domestic industry: ordered to be laid on the written long before the dissolution of General table and to be printed. The Committee on Jackson's first, or "unit" cabinet, and previous Pensions were discharged, on the motion of to Mr. Calhoun's appeal, and the publication Mr. FOOT, from the consideration of the peti of the subsequent correspondence between tion of Daniel Harrington. On the motion of that gentleman and General Jackson. The Mr. FooT, the resolution to indefinitely postplot, then, being in contemplation anterior to pone the several bills from the House on the the events which might be urged as the cause subject of pensions, was taken up and agreed of it, it will preclude the possibility of Van to. Mr. FRELINGHUYSEN, from the Committee Buren's friends availing themselves of the argu- on the Library, reported without amendment, ment that these events, such as the dissolution the resolution authorizing the Secretary of the of the cabinet, the rejection by the Senate, etc. Senate to purchase Rembeant Peale's portrait were the only reasons why he was now present of General Washington, to be placed in the Se ed to the people for he Vice Presidency. fate Chamber, the price not to exceed The whole bargain, then, appears to have dollars. It was read a first time, and ordered been this. Finding that the "malign influ- to a second reading. Mr. BIBB called up the ence" could not be made to operate successful joint resolution, to appropriate unexpended ly, it was resolved to dissolve the cabinet. The balances from the Patent Office, to the arrang. ex Secretary of State was to go to England for ing and indexing of the papers in the office of the residue of the Presidential term, (see Gov. the Secretary of State. Mr. MANGUM was opPoindexter's speech on Van Buren's nomina- posed to any money being appropriated for the tion,) to prepare himself for the duties expect-purpose, asserting that the necessity for it must ant, and the office in remainder, upon the re- have arisen from neglect of duty, and stating signation of the President. If his nomination it as his opinion, that less labor was done in should be confirmed, it would prove his the public offices in Washington than in any strength in the Senate-if rejected, then to State in the Union. Mr. BIBB differed with avail himself of the cry of proscription, perse-the Senator from North Carolina; there was no cution, etc., and to appropriate the sympathy ground for such accusation; the amount of laof the people. These would be urged as the bor had not fallen off; the want of facility in cause (yet in futuro) of what was already re- referring to any particular paper, arose from solved upon. But he could not be elected un- the documents being classified in bundles; but less first nominated, and how was this to be those bundles had no index to refer to the pardone? Isaac Hill, of New Hampshire, through ticular document required. Mr. Foor observ his trusty feudatories in that State, was charged, that he now began to see the effects of the ed with touching this spring of the machinery, removals from office that had taken place. and accordingly the "granite State" sounded Difficulties that were formerly unknown in obthe first note of preparation. According to or-taining any information desired, were now of ders, most other States came into the measure, constant occurrence. He slightly adverted to and furnished delegates to a National Conven- individual instances in the days of Mr. Monroe tion. The whole proceedings being arranged and Mr. Adams, where the individuals had ob long before the collegation of this delegated tained, almost instantaneously, divers informabody of republican patriots, the work was soon tion applied for by them; and deprecated the accomplished, and Martin Van Buren was regu-employment of clerks to assist clerks who larly nominated for the office of Vice Presi- might have effected it themselves. Mr. JOHNdent of the United States! So much of the plot STON, abstracting from the merits of the ques is accomplished. Let Gen. Jackson be re-election that had been raised, thought that such an ted, and Van Buren elected to this office, and the whole will be consummated.

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index as was contemplated would be of much utility. But he feared that the mode proposed would only put every paper and document in confusion. He thought, to prevent this, the bundles ought to be first indexed, after which a further analysis might then be made. However, he had no doubt the Secretary of State would have it done correctly; it was not for his individual use, but for the benefit of the

P. S. My former letter was subscribed, "A republican member of the New York Legisla-public; and as the money to be expended, was ture." I cannot now claim that honor.

CONGRESSIONAL

MONDAY, JUNE 25, 1832.

a surplus from the appropriation for the Patent Office, he had no objection to leave it at his disposal. Mr. WHITE rose, seeing that the subject was about to take up considerable time, to move that it be laid on the table, and that In the SENATE, on Saturday, Mr. Tom-the Senate proceed to the consideration of ExLINSON presented resolutions adopted at a ecutive business. The resolution was accordmeeting of farmers, mechanics, and other ingly laid on the table. Mr. Johnston request. citizens in Sharon, Connecticut, protesting ed that the gentleman would for a moment susagainst any modification being made in the pend his motion to go into Executive business, existing tariff laws, by which adequate protec- in order to allow him to move that the bill

"making appropriations for internal improve- Choate, of Massachusetts; Cambreleng, of New ments for the year 1832" be read a third time. York, McCoy and Stewart, of Pa.; Mercer, of Mr. WRITE acquiesced. The bill was then Virginia; Foster, of Georgia; White, of Louisia read a third time, (on motion of Mr. Foot, na; Sevier, of Arkansas; Wing, of Michigan. by its title,) and, on the question "shall The resolution presented by Mr. THOMPSON, this bill pass?" Mr. HILL asked for the yeas of Georgia, for the meeting of the House at 8 and nays. A sufficient number rising, the o'clock, A. M. and making the tariff bill the question was decided in the affirmative, by the special order for each day at nine o'clock, was following vote: Ayes-Messrs. Bell, Ben on, postponed till this day. Chambers, Clay, Clayton, Dallas, Dickerson, Mr. VERPLANCK Moved the House to take up, Dudley, Ewing, Foot, Frelinghuysen, Hen- by unanimous consent, the bill in relation to the dricks, Holmes, Johnston, Kane, Knight, Nau- Mexican treaty, but the consent was withheld. dain, Prentiss, Robbins, Robinson, Ruggles, Mr. JOHNSON, of Kentucky, moved to take Seymour, Silsbee, Smith, Tipton, Tomlinson, up the resolution, now lying on the table, proviWebster, and Wilkins-28. Noes-Messrs. ding for the adjournment of the present session Bibb, Ellis, Grundy, Hayne, Mangum, Marcy, of Congress on the 25th instant.

Miller, Moore, Poindexter, Tazewell, Tyler, Mr. Boox, who presented the resolution,moand White-14. So the bill was passed. Mr. ved to substitute the 2d of July for the 25th of HAYNE requested his resolution to amend the June; but this was declared not to be in order 12th rule of their proceedings relative to the at present.

division of questions on taking the vote, &c., On the question of taking up the resolution, should be taken up. The resolution was con- Mr. THOMSON, of Ohio, asked for the ayes and sidered and agreed to. After a question from noes, which were ordered and taken, when it Mr. TIPTON, respecting a bill before the Com-was carried in the affirmative-ayes, 118; noes, mittee on Commerce, the motion of Mr. WHITE 52. being renewed, the Senate proceeded to the consideration of Executive business. Adjourn

ed.

So the resolution was taken up.

Mr. Boos then proposed to modify the resolution by fixing the lay for the 24 of July. In the HOUSE OF REPRESENTATIVES, Mr. WATMOUGH moved to postpone the furafter the transaction of some preliminary busi-ther consideration of the resolution till, next ness, the consideration of the tariff question Monday.

was resumed. We have given, infanother part Mr. MERCER rose briefly to contradict the of our paper, the bill at length, in the shape in prevailing rumor with respect to the existence, which it is now pending in the House. Mr.or the probable existence, of the cholera, in a FITZGERALD moved a reconsideration of the vessel in the Potomac, near Alexandria. He vote on the clause in the 18th section, impos-compared the report to the well-known story of ing a duty on fossil, and crude mineral salt, the three black crows, and averred that there but the motion was negatived, after a long de- was not the slightest foundation for the statebate, by a vote of 98 to 84. Mr. McDUFFIE ments that had been upon the subject. moved the following amendment to the third item of the second section.

Mr. CONNER Would suggest to the gentle." man from Pennsylvania, (Mr. WATHOUGH,) the "That on all manufactures of cotton, not dy. propriety of modifying his motion so as to posted, colored, printed, or stained, the cost of pone the further consideration of this question which, at the place of exportation, shall not exceed fi teen cents per square yard, there shall be levied, collected, and paid 12. per cent. ad valorem, and no more."

This proposition likewise was negatived, ayes 73, noes 115.

until Thursday. At that time, he (Mr. C.) thought it possible they might be able to dispose of the tariff question. He had never be fore, since he had been a member of that House, voted against an adjournment, an early Mr. McDUFFIE then moved to amend by He might attach too much importance to the adjournment, of the long session of Congress. striking out the works in the fifth item of the opinions of his constituents; but thinking and second section, "not manufactured in whole or feeling as a southern man, as he was, and rein part by rolling," and in the sixth clause of garding as he ought southern interests, he could the same section, the words “on bar and bolt not give his consent for an adjournment until iron, made wholly or in part by rolling, thirty this question was settled. If it was to be adjustdollars per ton." The object of the amendment was the aboli- which he trusted in God they might, he should ed, and the people of this country quiet-d, tion of the discriminating duty between British be just fied by the result: if it were not, be and Sweedish, and Russian iron; but the propo-would not, by his vote, throw any obstacle in sition was rejected, ayes 67, noes 114. Mr. DAVIS, of Massachusetts, renewed the this House. His wish and his object were to the way of a fair expression of the opinion of amendment formerly proposed by him in com leave the result of this question to his constitumittee on the subject of woollens; but before a lents, after having seen a fair vote taken on it, decision was arrived at, the House, at 6 o'clock, as he could then say they had done all they adjourned. could do, but that their opponents had refusIn the HOUSE OF REPRESENTATIVES, a hope that the modification would be accepted. ed to meet them. He concluded by expressing yesterday, memorials were presented by Messrs.

TUESDAY, JUNE 26.

Mr. ISACKS said, that if the House should do

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