University of South Carolina Libraries
V.tc system, I <**!1 forever enter my so lemn protest ? .vnd I do the more conG cicutlv, because I do it after t iie example of the iirst and wisest statesmen of Eng land. In that nation the quesison is set tled. ? The authority of the eider PtH; of liu' ke and of Fox, and other ? statesmen, \\ ho he it understood and loved, a* the friend of their liberties, the representative of their government, has placed the stamp of absurdity on this doctrine of instruction ? \nd at this day no man of high talent and intcjrre'.y, m the British C omrades, however he may plunge into the. current of opposition, does sanction that __ principle, liuc it seems the au ho'ity of Burke is of little value here, bccan*t / i<r waa a fienMioner What was the color ol that great man's political existence ? Edmund Butkc was a whig of live old Fnglish school. tic was in his youth an enthusiastic friend to liberty, even an in. human race. Jn maturcr years, he was the steady champion of the popular princi ples of his government, which constitute and secure the liberties of the English na tion ? And in his old age he rose with ail the ardor of his youth* and all the rigor of his maturity, to rescue the civilized world from that monster of popular despotism, which rose in France, was nurtured on hu man blood and aspired to demolish every ?wise, and free, and just and merciful* and holy institution on the earth.' And when, St lsuit, worn out in the service of mankind, he retired to the bed of sorrow and dis pair, then, ami not till then, his grateful country imparted to him a pittance, hardly, sufficient, to render comfortable the Jast ?ta^e of |iis journey to the grave. The judgment of the civilized, world has been solemnly pronounced. The fame of the orator, statesman, patriot, is embalmed in the gratitude of the four quarters . of the firlohe. His voice was heard in Tavor <>T the /lis- ; ticc of our cause, when we struggled a- { o.;n.> n,. it 1 A U ntArtMnr m t jr.. can was learnt ro bfless the nariie of his 1 benefactor. And Europe must ever ac knowledge that he first. read t lie hand wri ting upon the war of revolutionary France, and made known ihe interpretation thereof. Nor can any friend of vir.tue, religion or civil liberty deny, that in the last great act of his life, when he raised the ve.l from the anarchy* atheism and ambitious des potism of the French Revolution, he was at the least, as genuine a champion of ci vil liberty, and human happiness as at any period of his existence ? *Such was the man wVio preached and practised Ihe doctrine 1 am feebly suppoit. ing. lie Iprcached and practised it at a time too, when he was glowing in the full vigor of his wonderful faculties ? when, in the British Common*, he was engaged In our cause ; and with a vigorous arm, was daily beating down the weapons,, which Bute and North, and Hillsboroug were aim. ing at our existence. What authority, merely human, tan he stronger ? Bui an honorable: gentleman from Mas sachusetts (Mr. Conner) has told tas that the principle 1 advocate is an English prin ciple i and he has cautioned us not to bor row no political principles from Etifcland or anv other country, which was not stamped with wisdom, which the great test of expe rience had not proved to he friendly to civil liberty. Would the honorable gentlrman exclude from our code principles of such a character, because they were discovered in other ages 1 If he would, it is well for us, that he d"?d not live in the earlier twrtes of our republic. His zeal and activity might have borne him into power, and we might have lost some of the best and wis est principles of our free and happy sys tem of government. Will the honorable gentleman peruse the Rights and Constitutions of the states'? He will there find p inciples borrowed from England and scattered through them ail. Nay* will he open, with me, the constitution of this Pe public ? The trial by jury is of $axon o rigin t uhcrjji in reserved to ihe people as Ineir grand bulwark against oppression. The IVri ' of ffabect* Corfivn is of English origin. Here , it is secured to the people, as the grand palladium of their personal rights and liberties. The ide* of an inrfe pendent judiciary here perfected, had we not that from England ? I^t me point the honorable gentleman to his own state. That wonderful fabric of human wisdom, the common law of Mas sachusetts* under the guardian influence of which, he sleeps in the most perfect se cunt v ? whence were its principles deli* verl ? Whence but from England, would ihe hon. gentleman exclude all these from our code, because they first blessed the' country where the boor* rif our ancestors are buried ? Such wi\i pot the yprrit of our fathers. When they first raised their voiccs to remonstrance against the Eng lish* ministry, and the arms in1>attle attains* the English na'it>n, on what principles 1 did they justify tl eir conduct : on what < rounds did they rest their great nod *a- * end cause? Let the numerous appeals | of the Old Congress to Amreica, to ling- j land and to the world turnish an answer. Let that immortal enumei atioti of our rights and our wrongs, the Declaration of Independence, answer the question. TUe+r bnu> rvght was cml and religi ous liberty founded on Uie principles and maxims of the Lwglish law ami con stitution. Tt^se Were g rossly and prise veringly violated by the K.in? Ministry and Parliament. To secure they enjoy ment of their birth light they first took up arms? and they did not relinquish ihrm until the object was more thai) ac complished. The fathers of our Republic '^tfere edu cated in the old whip school of England. The great masters of that school, were Locke, and Sidney, Rnssel, ami Hampden, and a host of patriots who suffered perse cution and martyrdom for their political faith. They had derived the spirit of pa triotism ?oiu the ancient reftnUUe* of independence from the examples a"nd traditions of their Saxon ancestors, and by infusing that spirit into the natural & practical principles of the common law, of civil government. It was in this schooh in company with the elderPitt and Burk, and Fox, "and their compatriots, that the artificers of our system learnt their maxims of political, civil, and religious li ber' y. They discarded from their system the lumber of the dark ages ? arsd all the cumbrous trappings of a monarchy and a titled aristocracy. They founded a Repub lic. But into its very sou? they snfused that genuine' spirit, and those essential principles of civil liberty, for which the illustrious whi^s of iingland have in all ages ottVied up their lives. ^Str, permit me to add a few words, upon what is called the i% voice * "of this vihole people, and I haVe done. Iter?' "* We are told, that the voicc of this whole nation has pronounced a condemnation of the law of t.ie last session, and commanded its repeal. ? .. ? Were this even so, were I *urc rt were so. still I would not obey them? -I believe, in my best judgment, inrtfay conscience, and before my Ciod, I believe, that the law of last session was and is, "in itself, just and con stitutional, and most favorble to the purity the independence of this House, th<j dur' abilty of this government, and security of < this people* To no human 44 voice" will I surrender opinions thus maturely and finnliv settled; on no human al?eT WifTT" sacrifice my judgment, my reason and my conscience. Do I then disregard the " voice of the people" ? the 44 will of the public I O, no. In making up my mind upon almost ?very subject ot legislation* that v,o*cc woqjd have 1 a powerful iui1t*<ei)^ce. I would* always view it as a /go', s most important fM /entering into the argument and ihe reasoning* when. I v?ab about to deckle on any patdit: mea sure*. On many quest ions it -might* on it ctrtainly would, be cooclusive-^-not her ru^e it contains, in any morAl, po litical. '^'constitutional authority to control my judgment or coodu'ct, but because-, \ from thf. nature of the question, it might ? constitute a / act or circujnatanre} ho Impor tant as to prevail over every other, A To borrow an illustration of my idea from the hon. gentleman from South Caro lina (Mr. Calhoun.) Th?t question of de claring or noc declaring a war, however just and fleet Sary I might deem it. Would be a question of this kind. I wouM no more declare even sufch a War against the general voice and toiU of ttoe ifeopte, than I would declare it, with the nation destitute of arms, ammunition and money? awl precisely for the same reason, because the former ia as essent ial to the success of a war, as the lat ter. It is a question solely of expediency, not or con*tituiior>al obligation . Hut reverse the proposition ; suppose the voice of the people distinctly in favor of declaring a war which I in my conscience believed would be unjust and ruinous to the country, should 1 vote for such a war ? JVo, sir, if the voice of every man in the nation should thunder Instructions in my ears, I would still say no? .1 would struggle for peace against the people themselve* ; and I should fall in the struggle* the pferfce of a good conscience would afford me more t eal happiness, than all the plaudits of the people, could bestow on him, who might rise on my ruin. Sir, I would not be mis understood, I am not one of those, if any such there be, who hold the political here sy, that the oeople are their own worst i enemies. I believe the people of this re public to be tov?rs of honesty , friends of civil order and as well enlightened in their interests, as any people on earth-? and I know equally well, that they always de cide honestly, and when reflection* dis cussion and knowledge precede decision, in general correctly. But I should have read history in rain* I should have lived the last ten years of my life worse than in vain, if I did not know, how easy it sometimes is, to rouse the po pular prejudice and clamour against any measure, and panicularlv one of the cha racter of the law of last session. Are gentlemen perfectly auro that tbi* aniver* sal uproar, frora Mai.ie to St. Mary's, which even yet beems to be ringing in thtir ears, is not ihe meie clamor of prejudice, of ignorance, of deception ? The gentle man from Pennsylvania, Mr. Koss, Has Addressed to them a solemn warning ? May not this vilu peraied measure, when the excitement of the hour shall have passed away^ become a favorite of the people ? Gentlemen may read striking examples of this kind, even in their own political his tory. Who has forgotten the horrible anathe mas, which rolled through the country against the British treaty of 1794 Yet. has not popular aplause awaited the nego ciators of that which we now have eVer) way inferior as it is ? How long is since instructions poured in from all quitters against a national bank ? Mow long since the people were excited even to frenzy tor its destruction ? And yet it has now be sheet anchor of the treasury. How long h it since the navy was a voracious bftost, ready to swallow the treasury at a break fast, to the great terror of every exclusive I patriot in the nation ? Now, who so bold as ' to hint one word of disapprobation. 1 might mention many other measures. ? Restrictions, gun-boats, embargoes, all re ceived at their first appearance with the Joudest applause, and in short periods, ali accompanied in their exits by an univer sal concert of hisses and execrations. The people must think and decide l?p ce, and the second is generally that oJ calm re flection and judicious "decision. The clamour that has been heard agaiqst the law of last session has not one attribute of the calm enlightened voice of the people. Had I time to traferse each state,. and ex hibit the rise, progress and issue of the clamour in each, I thhrk this fart would not be doubted. Hut this I must forego. Vet 1 will state two facts, already attested by several gentlemen in the debate which do strongly corroborate my opinion. ? The supposed iiidignation of the people was not at all confined to the authors of the law. ? The clamour was indiscriminate. Tbosrr who opposed VheTa w~; amf only Hc - cause they received the pay; the pay to which they were legally and justly entitled, and ro refuse which, C shoi I J have deemed rtfie grossest affectation of delicacy, had i heir full bhiire of execration.? And num bers fell victims to this indiscriminate rage. Again, many gentlemen have declared I that it tratimt the incrrate of com pe Illa tion, but the change in the form, which gave umbrage to the districts from which they come ? that the most of the clamoui we have heard, was nOt against the amount, but the Jotm of the compensation. Why sir, if this be so, the spectacle is' indeed lu Jtcrous. The adage fa reversed : toe moufce^iaa brought forth the mountain. In this view of the subject, well might my friend (Mr. Hulbert) exclaim of this peo ple, *4 they rfcstmble ocean into tempest wrought to . waft a feather, or to drowb a fly." Mr. Speaker, I repeat, the settled, ca'm, enlightened voice of this people lias ribt been heard upon the law of the ses sion*. Shall I be asked wbentfe then > till this popular clamour, and indignation and exe cration i It has man/ to&rce* tnd ntomfer ous causes ; I will mention two of the most prominent s There are many gentlemen within these watls who have occupied their seats too trmg lor those who are waiting without. When we dame here* we all must have left behind us numerous dema tfn^ues who Were Office expectants s they Were impatiently waiting for some favora ble occasion to put you from your seats j and lo succeed to your places. Hitherto ttfey had* found no measure fitted to their ' use ; \ipon all prominent measures, the tfro great parties had been divided and committed almost trra man and to attack any member for his conduct upon any of these measures, was sure to enlist in his defence and support the party to which he belonged. The attempt was too desperate *j even for a finished demagogue. The law^ of last session was passed ; ft Was above all othcrt fitted to become #i instrument in the hands of office hunters to deceive the people? it was a measurfc o*tcn*ibly personal to the representative, in which Ai> fn'ertat neemrd alone to be connected. " It took money from the people ;> it put the money io the pocket of the represen tative t it was qf courte a selfish, unjust and corvupft measure** \ j Involving no party sympathies and <#? parent ty no national interests, how easy was ft for artful men, pretended patriots, to imfO*e this view of the subject upon a people, honest, unsuspicious of deception# but always peculiarly sensative upon all measures of expenditure.-? In this view it was seised by the expectants of office ; in this view it was widely and incessantly 1 pressed Jpon the public ; and to tht* nar row, unjust and wicked view of the mea sure, palmed upon the people, do I ascribe much of the clamour that was heard against it- * But there was another and a more pow erful course* Jo several of the states, the ekcLi -.ns \*ere approaching. Tror^h tV, ra^e ol pauy-spmt li:\d in a good ^ie^r-e: subsided in the general government', U ic j mained unmitigated in these siaus ; an-l i ihis law w as seized upon wiih aridity t >r iheputposc ot influencing tho*c election0.. Truth compets mtr to contest, that rhv y^r ?? ty to whicil I belong were the 1 1 ? s f ton gageJi^>dlMLLl_muat.*vcr deem inii^ra. c tul attempt to tender the law odious to too people, and lo cast the odium upon me friends of the administration, The at tack being thus commenced, the adverse party not only repelled it, but attempted to carry the war into t'^e territories of"T*>e assailanlsv-.aiid thus commenced -a conflict* which in its progress would have been really ludicrous^ were it not for the perma nent injury, it may have inflkud on itvs House and many of Us most worilmvi members Almost every other insti ument of party aouoyauce was thiown frsirte ; all of-thv^ovFTnmerit ^mcI^tTie op jjosition forgotten or forgiven, and the un fortunate " compensation bill>^ as it was called) became the very foot ball of the parties ? it was kicked by stui>p orators, by bai room slang-whangers, by editor* of all parties, by candidates of all kinds of offices, and by partizans of all cnlfii * and capacities, even gentlemen' of science and liberal views did not disdain the s[>ort ? the very bull dogs of both the parties, who in those times have generally pursued^ j game of higher flavor, who have de I lighted to mangle honest sensibility, de vour imputation, and hunt down talents and I independence, seemed to forsake all their former propensities to pursue in full cry this scape goat of all political offences.? The justice, the expediency* the real mer I. its ol tl.e law seemed totally out of the question-*-'* It takes money from the peo ple rit is private mbbery and public ptur-~ _ der'* This was the short argument and modest conclusion of every pntty logician* And which party has perpetrated the of fence, was the great question at issue. -Crimination rmd re criminal ton, dennnrra* lion and retort, violence abuse and ? cla ? rnor filled flie country . Mc. Speaker, I "(To in my conscience belive that such is the two principle causes, and such the na ture and character of the greatest part of that clamor which has existed against t'ie law of last session? and is it to such f cla mor, that an American * rt^pi ^tentative is required to surrender hh judgement, his conscience and Ills independence ? It spirit of American freemen, and dtgfad* the legislator In to 'an automatons or al slave ? Sir, I know not, and I care not , ' what other men may think or do} but for my single sell, I would sooner be It dog and bay the moon, than such a represen tative.'' -tfROM ENGLAND. GAmrUtm, * I ? By, the British shift*C3p?l>p6?r, Cat tain Raw*, arrived at this port yesterday, we have receved, tJwough the politeness of our commercial friends, London papers of the 27th and Liverpool of the a 8 th Decern - ber, both' inclusive 1 together with Prices Currents ep the. last dates. The papers, generally speaking, are devoid ofincerest, if we except the speculations on the sudden re turn of Lord . WslIimvton to London ; to which event the Lon don editors appear disposed to at tach some importance. .. The younger Watson,., not- . withstanding the vigilant search which had been m$de for him, ap pears to have eluded hit pursuers up to the date of our last advices. Frequent examinations of the cul prits, concerned in the latfc Riot in iBondon, take place before the of ficers of police, but nothing of a serious tendency ha? leaked out. Our last Liverpool paper sajjs ? " We understand that an opinion is now generally entertained, that it is in the contemplation of govern ment to repeal the duty on Rice." We do not observe a single ves sel advertised for this port or Sa vannah, in our last Liverpool pa pers. English and Spanish Differences. ' Nassau, (*. r.) Feb, I. Yesterday arrived the British brig Prince Regent, from Havana, with the dmehment of hi" majesty's 5th West India regiment, which nis ma jesty's ship Bri-tfis had on board when she was wrecked on her pas sage from Janjiaca to this port.