Historical Newspapers of South Carolina

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5dE5?ES5I5 KMBKftV Ml. iwrhrMUlHw^ be Edhoxs of theSSwlr, Iwv e ijh , tiM MM of our Correspondent Unry." The Editors mutt bo aware ,4 we aw not bound to five ttup, by ,ifS4C*ieMon, eisaply fcrwwit is 4^ oded. ? ?oim .'inquiry must be tittle. in* the Aufftiir of uocttaioinE the name. ?iie?a*edia the Pioneer itod Whig e< llltiMl fanmlJUli tKa mmo fiennopart iatbe contest bet ween these rtka atid ddin to take mm. In the an tiroo, whilst we are soDcitous toob t? tw^r coraifcr towards tho Pionect i Whig, we cannot consent to transcend y proper principle of Editorial conduct, on ft* such a purpose. rho argument over the ilgnature cf "Car tiicnsb** has been transmitted to us by a end at present in Alabama, but who is a gbly respectable member of the Legitia re of this State?a Jeflfersonian HepubU n?an able and uncompromising opponent Federal Encroachment,?a worthy re csentatlvc of a Radical district. It is an iplification of the argument in the 29th imberof the crisis, which last wa? pub itd also in tho Telescope, tho' not from ? same pen. To us it appears utterly absurd to imagine U the consent of a state can invest Con as with the power of executing a system Internal Improvement within its limits' matter what may be the arrangement by ich the money. In other terms the brib?, y be applied to the purpose. Why not, mi the same principle allow Congress to numit every slave within the state of Vir> in, by the consent of the Utter, and to horixe them, as free citizens, to violate * policy and the law of South Carolina removing within her limits to enjoy here : same privileges and immunities as our i cltbcns? Ve beg leave to ask attention to the ar e from the Evening Post, which cmbra ?a very important subject, and is, we think cry luir, forcible and interesting discus* n of it. TJr. Jcfferton'n Prctctt?This articlc -? take from the Charlottsville Advocate d will be found on our tourth page. It *y well deservct the attention of the read Whilst no argument of authority can be elusive, in the judgment of any indepen t mind, upon a controverted conttitu &1 point, yet the opinion of such n man 4r Jcffcruon will command some weight i every Republican and every lover of Constitution. This illustrious statci ? must have regarded the crisis as mo ar,us, when he would come forth out of ound retirement from political bustle, o late a period of life, ?ud propose to y the I.cgiklniure of Virginia in a man so solemn and decided, against the pations of the Federal Government, enemies are already on the alert to ert the character and misrepresent the rines of this document. he Alexandria Gazette, for instance, irkt, In that snarling and taunting splr VtcU conscious shame and poverty of tnent are sure to beget, " what a con docs the course here recommended, the sentiments here inculcated present, ?e treasonable language and actions of ?3 of our Southern politicians ! t Mr. raon although as conscientiously op H to the potoer and is thoroughly con ed of its impropriety, n* they are, . not proclaim 1 war, open war '?lie ? not talk rf 4 after exhausting th; ar cnt, stand by our arms'?he docs not ;iu to calculate the value of the Union' : docs not treat those who differ with t\n 'alk'tis and enemies'?he does not upon the States in favor of the polioy ondemns as 'leagued to oppress ant! dcrthe South,* Nothing of all this, s willing to grant freedom of opinion to and uctingup to the republican maxim, the majority must rule, is ready to e every ttacrificc not Inconsistent with ;lplc and honor.'* ic Gazette is agonized umler the \ c ion that the constitutional doctrine here urth by Mr. Jefferson, is precisely that ,vh!ch ihe South has been contending, r his wonls: i'hey know and value too highly the ii:tgs of their Union, as to foreign na . and f|u*stion4 arising among them 's, to consider every Infraction to be by actual resistance. They respect ftectlonately the opinion* of those poe ng the same tights under the same In dent to make every difference of con ation a r.round of Immediate rupture, y would indeed consider ene.h a rupture a on# the greatett ealamltU* wh ich could It them; rut mot rur. ouratkst.? fit |? YKT OVK OaKATrWj?M'BIIH TO a aovrhxmkxt or ottLtMintn Kns." %VhotdidMr. Jefferson do In - sentences t he not calculate the 9 iA the uniont ho not pronounce tluelctv?nay, when it t .i ! th? source and tho ^retoxt of unlhn : power* In Congress ami the Presi - t who will not agree with Mm t Br ; +i\y but the hypoprke tm& tho fool. -' |Areciaely upon tills foundation that ,.<* Corolina hat planted heraelf. Mr. : ?mm wrote In 1MJ?he tnonght there * mint hope of dfcctlhf his object, by ? th! imd ?m-IHattog mean*. Tfi4 South had beta sion, ami * ____ offered to the unquestionable rights of the I whole SouthemCowntry. It wastheOf that in all probability Mr. Jefferson hhnself, hud he survived* wpuld UaT* considered the hope ot avoiding submission to an unllm Ued government as absolutely desperate and that farther fovbeurancc could not be Indulged. Vet.Sooth Carolina not, however, without some wigt Into the benaftta of the Unto* which h to i impossible ahe may be tenfctedtn continue. Who can prevent It? Is??y subject too ho ly for a freeman to discuss? We mppoel not.?As to the hue and cry ottrsaso* re bellion ?tc.?It is only the clamor of those who are yobbing u?. intended to divert at tcntlon from their own Iniquity. We would advise the Alexandria Oa ftette to forbear any forther allusions to the 'treasonable language and act tons" of?V south or "some ot her politicians" which u Intended to be equivalent. The success ot the eeur/roM? and very magnanlmou?Intel? %M?r. its neighbour, might fornlslt an In* ?tractive lesson on this subject. We scorn to attempt a defence of our State, or any oi its citizen*, against th# Imputations of any hired scribbler, or any obtuse slanderer, who has no conception oi tho principles ol rational liberty and the high duties of sov ereign States, in emergencies which demand their interpoaitlon to protcct the constitu tion which is based upon their authority, and which is the parent of their liberties only so long as It is the pure and unpcrvcrt ed source of honest legislation. We sincere ly believe with Mr. Jefferson: even disun ion Is not the greatest scourge that can af flict this nation. Whenever the original terms and purposes of tlir Union arc essen tially and permanently changed, it can no longer be desirable to nny sensible, honest, or patriotic man. We have received a spccimcn No. of a new publication in Charleston, entitled ? Tib Pi.kiadks " It Isncat in itssppcar aace, and prescnu several interesting ori ginal and extracted articles. The first No, is to be issued on the first Saturday in Nor. next, at four dollars prompt payment, or five at the end of six months. It is to be a weekly publication, and contemplates the amusement and instruction of the ladies equally with the gentlemen. Ca/it. HatCI Travelt in the U. Statet.? We have not had tho opportunity of giv ing this work % perusal, altho' one copy hat reached Columbia. Wo have, howev er, read a number of extracta, comprehen ding a variety of subjects, which have ap|>eared in tho Newspapers and suppose wo havo a tolorahlo knowledge of tlie gen eral complexion of (ho work. Kelying up on this information, such as it is, *e can not, by any means, accord with the virulent and sweeping denunciations which we And in the Editorial columns of the Abthnat Gazette. The Editor of that paper appears to be utterly uncompromising; and whilst I* accuses Capt. Hall of the deliberate pur pose of decrying republicanism, in order to gratify tho prejudices of his government and his countrymen, and to confirm Cana da in allegiance to the British Crown?he appears to be equally out of temper, (and perhaps more sincerely 4K>) at the liberality ofsonUmont and the somewhat complimen tary spirit which the British tou redisplayed towards Slavery and the Southern State*. Would the Editor of the Gaxette havespa rod Capt. Hall the lash of his criticism, in this respect, if the sentiments of the latter had been a little different?such, for example, as the sentiment of the "manumission tto ciety"?of New England and Wostern Fa natics?of tho "genius of Universal Eman cipation"?of Mr. Clay and tho Coloniza tion Society?of Rufus King and John Quincy Adams! One might nuppose that if such liad been tho case, we should have boon favoured with a paragraph directly tho reverse of tho following: "In treating of tho negro-slavery in the American States, he was obliged to recol lect that in tho British West Indies, and the policy and doctrine of the Ministry with regard to the latter; and also to reflect how usefiil it might bo to cultivate the goodwill and gratitude of tho Southern or slave-ho! ding parts of our Union, angry witlk tho tariff, and otherwise disposed to jealousy and irritation against tho northern and mid rib divisions. Ilence, a more tender des cription of the condition of things in the South; and a more liberal thOory respecting the ovil of slavery, adapted to the exigen cies and sentiments of our planters and the British planters and government We ap prehend that there is no intelligent roader who can mistake the real, Inslduous mean ing and aim of the following paragraph of a_#r .s m, ? r ^ ' lit" rOvviKi voinnI?. ?The scornful bandying of national re crimination* (about slavery) is, to any tho least of K, quite unphilosophieal,?in foet, worse than useless,?aa it tends to irritate two erAtntrles who have no cause of quar rel. Ott the contrary, the Southern States of America and England live really under a common interest, arising (tan tho mu? tual interchange of benefits, which need not be contaminated by any of those lealona rivalries which are aot so easily got rid of 4n tho ease of the Northern States.' "By the phrase two tntttrk* Hi this ex tract. Captain Hall intended only "the Southern States of America and England;" q'"r This "HSuai* of Mr. Wal*, Itaty, anti-national, Zdwewilil ore 8t?tea1 It b an advantageous, t _ constitutional relation which no state in tto Union fitfbre fatally and Mindly bent upon Intemipting than that of PsmuqtIv^ aabw^Tb<Ltl?I2c^1<2"t^ 8adthern Sta^hi and would have so con tin uod. but (br (hi inbfnMi *k^* mailitnitkm of ?iiM a targe Aftd very i Mr. Watt assarts the r In the Sooth to bi too < turotho opinion that Mr W?fah knewa in Anitcly l?*g about it than even Cap*. Ifafl and would bo far less disposed to exercise impartiality. But let ua inform him that we do not invoice any lenity or compassion from either an American or Bngtbh tour ist -wo do not cotoskler our circumstances as requiring any charity of sen time i it?and shall noyer expect any ihm the state of Pennsylvania. That member of the con federacy may be very sentimental about the Mihjoct of slavery?but wo never havo fun ml it indisposed to gra|>plo the benefits of it, in tlto way of Tarilfe, Internal im provements, or otherwise. Wc present our readers, with much plea sure, extracts from Copt. Hall's account of ourtc/ves: * 4 "Next day, the 20th of February, we hi red an cxtru stage, and proceeded at our own paco, leisurely to Columbia, the seat of government of South Carolina: a city interesting on many accounts, but chiefly to a stranger from tlio intelligence nnd learning ofthe Professors of the College, and of many other |>ersons who reside there.???? "unmcxM rruruary i vnnea ino ^01 lego of Columbia, along with several of the Professors. The young men wore not in their Classes, liowmr, which I wait sorry for. It wan tho anniversary of General Washington's birthday, and all the world worn out amusing themselves. The Stu dents of Columbia College reside in. the building; and the discipline, I understand, iff quite as rigid as can to enforced. But this coots a great deal of trouble and vigil ance on the )xirt of the nroftvsors. ! heard the same complaint inaaeheru ok in most parts of the Union, that them won the grea test difficulty in persuading the young men to remain long euougli in training toacquire anadoquato amount of classical knowledge. Tho advantages of the Collego are howev er, so tonsidorubl'.' in economical |>oints of viow, and also on account ot tho excel lent education there provided, that I believe much has toon done for the taU.tc of gene ral information in South (Carolina by this popular institution. The examinations are very strict; and if adequate motives couhl to do vised to retain the pupils long enough, there would to little more to wish for. Tlio high stimulus to early marriages held out by tho facility of providing for a family and tho enterprising uncontrollable spirit of tho Southern planters in particu lar, come sorely in the way of those oatient studies, those nights and days of laborious application, by which alone scholars or mathematicians can to formod. Uio nature of things indeed in Ainorica, as t. have al ready stated mora than once, is no decided ly averse to audi attainments?which min ister to none of tho oxisting wants of thai country?that, 1 very much fear, these praiseworthy attempts to forco them must for a long Unto, provo abortivo. Nevertheless it is vory probable, that Uie enthusiasm and the talents which are en listed over many parts of America in the gsod cause of education, do perform much service to that country upon tliu whole, though the results fall greatly short of the wishes and hopes of the men who so lan#v atom tho popular tide, which runs steadily in the opposite direction In ele mentary education, they have certainly done great things. My remarks refer to the higher iH-anclics of knowledge."? "From the College, wo drove to the new Lunatic Asylum, which was not yet !>rought into actual operation, so that we walked through its different compartments without the rain of witnessing the sorrows it la destined to contain. This estabtish mont is really a splendid Instance of the public, spirit which Ino Americans delight to evince whenever a toniflcent object is fairly put Ih?fore them. Party spirit lor the tiino is annihilated, and the only struggle seems to to who shall be foremost iu the work ofcliurity."-? "At half past four wo dined at the Gov ernor V?, where a most intelligent party be ing assembled, opportunities were afforded mo in the most ngrerablo way, too, of gain ing as much local information as I could desire. New classes of topics started up in almost every new state, and it cost no small attontion to keep one matter clear of another. To record all that was said on tho snhicct of state rights?the iVirifl or Interns! Improvements, would hove requi red ten times more leisure, than I could command.?I attempted no such thing, in-1 deed, but studi"l as diligently as |>o**ibfe to come at the true state of the flicts. by consulting the liest lo*?l authorities. These however, come so frequently in direct op (xisition to one snother, that I was often perplexed to toyond measure at the time, ami cannot say that on many of these 1s, I have yet learned to think clear Wc fiwl the following; <1elici?*i? morcrau In the Y. Mottling Herald. We have Hern tiowhcre more severe irony ngwln*t the protective policy i Jlmrjiti t?f the sfmrrienn Sytttii.-We And the following nrtitle hi the American Manufacturer, a btaunch i.tlvocutu of the boet intercut* of the country, printed at Hot ton. We copy It a* en aflUt for n ?? Mim mftry*' lately publMted m the N. Y. Eve ning Port. ? KXKFITft OK tlllt AMKRtCAM IIYeTKM. . It ooitv* the Interest of ell clam* In the U?Hr<i Htatea. Ay giving them employment. It furnlehea the yeopte the importation t. ^ II hMptevM tW^Mtvli eC the WwivM| e I?Jmi democratic tjrttcm?the labor o# the poor l? protected. " It put* then# In the way of instruction and thus teaches them to avoid bad company. ? It encourages habit* of Itaportkaofouroouci .'Ml wTfwvHiVf snu VWt^U^llll^ it already foil* red by other It lim tlNM comfort and con doe?notit\}o Its cramp' i mint ries?Colombo and It render* 0* independent?for vre am not obliged to buy article* which we ? nnd mtght to produce oureelvc*. It check* the goemendhkf rapacity ? British ngenV* nod reserve* the aopply of thp ?* homo consumption" to our own citiccn*. Addenda. ?It confirms the union of theae ?tales, by displaying the plastic virtues of the constitution, the liberality and Justice oi the New England^ Middle and Western States, towards their operatives, the South ern States. > ;? It ha? increased the revenue of the coun try amaaingly in the Custom Honsee of New York, Boston, Philadelphia, Charleston, See. It has fixed the profits and credita of th< ? manufacturing companies upon a permanent basin, as appears from the auction sales, and their credit in the banks. It hns putified the moralt of the country, by patronizing smuggling toa desirable ex tent. * It hn? mined the English manufacturer*, by enabling them to purchase the raw ma terial (cotton) cheaper than before, nnd to export as many goods aa usual to the United States, nnd by inviting them to open new markets and to raise up new rivalry to the Southern planters on this and other conti nents. It hns afforded the " distinguished men of New England," Messrs. Webster and Everett the op|>ortunity of turning n patent somerset in politics, omj to g|#diate, with great consistency, with the same Messrs. Webster and Everett. It lias afforded Mr. Clay the opportunity of eating and drinking himself into good lienltli nnd n sound constitution, aid to mount his Pegasus for the Presidency. Last, though not least, it has enabled the Morning Herald and Mlei* RtgUter to publish an immense deal of nonsense unin telligible except to that distinguished wise acre Mathew Carey. Among the causes which the Boston Pal ladium presumes will chronicle this year, m one of extraordinary political delusion, la; assigned thn following: "The anti-tariff cxr itcment now prevailing at the South haa assumed a most malignant aspect." What khx) of aspect haa the Manttfbcturing ex* u dement assumed about Boston recently t If the proprietors of the Palladium own any shares in spinning jennies, we appre hend the present year will be ** chronicled" in their memories for some time to come. The King In Council, st the Conrt of St. James on the 16th of luly, appointed the |H?rt of St. Johns in the Island of Newfound land, a Iree warehousing port, for the pt*r poses of "an act to regulate the trade of British (MMsessions abroad." COMMUNICATION. Alabama, 16th AugvU, 1839. Mv Dkar Six?I promised that when 1 could satisfy myself I would endeavour to inform you, de omnibus rebus, ct quibusdam nliis, in the chaos snd confusion hi which " matters and things" stand here enveloped. Whether to begin with the extremeaor the " safer middle," with the foremost or nctheremnst presentation of affkirs, wheth er to ad hereto n definite arrangement, or to fall ?? pell moll" upon the " fermented and animated mass," I am truly in doubt. And w? rc I not permitted to do these things un der n mt?nk with a goodly chance to ee rape I rem a formal accounting, I should stand " in great bodily fear" from this very movement. Here are alt the family of the ?? effeminate South," ?? molten and mingled in otic mighty mass," with a goodly number of44 dough faces," (not however, of the tribe of Ilexvklah, with "fists as big as peck tubs,") to " leven the lump." "Gordons and hy dras, and chimeras dire!" If I turn to the right, 1 am confronted by one of tlioae grim Ynhoos who can " wade the Mississippi, leap the Ohio, whip bis weight in wild cats," " tat call, chew a crockodilc," and perform divers deeds of " high and chival rous emprise," unknown to this deponent; If to the left, I encounter n brisk, pragmati cal, prying, Inquisitive descendant of the strain of the pilgrims; while before and b?> hind 1 sh?-uld be menaced by a contentious, swaggering Georgian of unknown "ilk," and a pious, aristocratic son, from the fami ly ot the " Old Dominion," to say nothing of a counttesa throng of squatters from "Tar river," ** Poeaullgo," and " Four-holes," who have fixed to the freehold on the elaesle streams of ?' Patsallsggee" mm) n Yellow Water Creek,** In and abotlUMOonfinesof the " cow-mnjps counties." III snghl dose together, hers ?*aad test to Ua?] n ?? |lfw iiSMI VP WfWWf f morally and fMtikfifh heteroftcnlou*. Iff mt oeeying i of reserve. tHafc. As to tfttt ra _ti * >?ttttally the eamt thnt k wee, there ?Ull existing the Nine Attn and delu Nllesby his seol and knavery cr, Among the of the people at least, opinion Is under. IHIP^ ?*?*? w v<9 ? 1,1 "| . *f # or Md, b wn to produce. The opinio* here expieaed Is the remit of frequent and tamlller conversation with the voters'at the hMrtjgs, during their late elections; and sltho* tho member elect In the 3rd Congres sional district la an enlightened republican of the Jeftoeon school, yet I way safely affirm from a knov/ledge of tho forts, that the canvass ?m not conductcd entirely on principle, hit flection to part depending on adadtkloos circumstance* The following Qualified, and I may say "nuHf/M" opin ion, which I copy .from the Setoa Covricf of the 6th July alt. and which waa given by a vanquished competitor in the Congres sional tilt, I take to be a fair expose of what opinion now is* and the note and " prepara tion" for a time at hand when the state with the proper unction, shall ?* gulp down the foil Mown iniquity." *' I am*of opinion (says thlagentleman) that Congress hat the power tomake appropriations of money, or to esake donations of land, "forthepmrpeoe of akUng in each objects of Internal lm - provement as may bo for the general wel fore, and that with the consent of the state In which the improvement is to be made, the donation or fund thus appropriated can constitutionally be nsed./krevfeto/ thejuris diction and control of tho mo me shall be left to tho government of the sovereign ttate in which it is to be carried on!" To this M sav ing, reset wing, ond excepting opinion, I must be allowed to demur, and in doing so, to state my grounds of dissent. 1st Then, where Congress deposits a fond for i spe cific use, with a state, a company, or an individual, the work Is In fact done by Con gress, and not by the depooltoiy or stake holder} and no exercise of a pretended ** jurisdiction and controul'* by tho latter can vary its fiduciary or executive capacity, and Invest it with a sovereign character ur.d a supreme agency in the transaction.? However much the principle that '* sov reignty ends with the appropriation,'* may have been abused, by a connection with propositions that are plainly untenable or by attempting to strain from it consequences that do not rightly pertain to it, it is notwith standing true when properly examined. In regard to this matter sovereignty can mean nothing else, than an entire and untnam meled discretion at to tke management and application if the fund-, nnd sorely If thla be any where, it meat be wkh the govern ment appropriating and not with the gov ernment dispensing or spending it, by vir tue of powcra not much, If at all, superior to those of a common trustee. Does not the appropriation, at least* to a certain In tent In general," in terms limit and control the use, and most not the bailee apply it in obedience to such limitation? Could a fond opproprioted to excavate a canal, be applied to tho purchase of an automaton chess player? Is not the application of necessity subjtel to the law making the appropria tion, and can a pasty execute a subordinate of forte consistent with the received Ideas ofaovrreigntyt In other words, can there be a sovereign power to appropriate and a distinct and independent sovrrr^rn power to use, co-existing In different governments! Is not legislation exhausted In the premi ses, where the fund ta eat apart, and how car. a government in Ha " highest sovereign capacity" renew it, with u view to exercise the unexpended remnant? Legislation and sovereignty being convertible terms, how can the latter act, when the former ends? VVe are told, however, ?* that a state In the case supposed, does legislate!" True, it makea the by'laws nnd prescribes a gene ral plan upon which the work that it hat the authority of Congress to make, shall Ik conducted j but is this legislating as a set*' reign state? Could a canal company not do the same, or more properly, could it dc lesst Wonld it not l>c legislating express ly to effect the contro/hig ids o! an ascen dant power? And could this lie done by s " sovereign Kate" as such? Rut, says this statcsmsn," the state designates the router 8o would an engineer, " It disburse! the fond!" A contractor would do Hkf vtlse: and yet when the whole atory is bfld, thla lathe extent to which state *ovt rj/1gnt$ is employed, and it Is for this that tHe state, by a bort of metonomy of speech. Is said u make the road!! If one of our Snutherr nabobs <rero to five his steward (for tb< state hero k filling this dignified office] fonds to have a pond drained, who wnok confer fiower and who execute (he commit, sionf The truth Is, the state has neither ? positive existence, not employs a positive energy in tho matter. It la entirely b) meane of its relative and substituted pernor* that class of powers which belong to tht whole tribe of a*tnta, that the at/de efthei a???, or Is known in tho pressed! eg. Cm tho mnderUmg (net to say the htndpros# tutaj of a foreign aovif%M|. mental acts as a "sovereign state must act h a subordinate cspecie*;M most b* I ktrad imtr%menttafai,intM hands vfti* fetter*! government, to ejtaeutathe waek that fiwiMMf) mm) the max hit isasusty, "qui MI fir aUnas, laett per being distinct, bet i I net, the I ODClS Shaft is the the ,y^.r.te ?nd, thin m vxecutnrof *n cxetutor I.I self and the first? not a whit. Every* sub ?g?ntiS to every intent of his appointment, the agent of the principal, nod were the work In the cine to point to be pested ttit*/ en Indefinite number of iatermediate hands, l> must stiH berrfcrrtd buck to it, greet, but remote first cause. If ttils be net the case it most follow that the tiumbcrof agent* will destroy the unity and entirety ef the thing to be done, which I fancy conld not. be shown. Each ugent might hare a dif ferent department and qjtce aslfcned W him, and yet " each unite In one harmcttU ou? whole,** forming a connected chain ef distinct, but Inseperable parts. Were these statesmen, who are for dividing the act, by dividing the employment, asked as lawyers whether if A. were to hand B. a stone or bludgeon with which to beat down ihedoorsof a bqilding within the cnrtllege ot ; C. J in esse of the breaking, would there be more than one burglarious entry, they would answer not?yet the work here Is not exe cuted by one.-Were they asked "If A. were to put a deadly weapon Into the timih of hi* slave or apprentice with which to com. mita homicide on the body of B, would it not be the act of A," they would answer in the affirmative. Is not the state under moral eonttrcint, and Is she less an agent than the slave or apprentice? Were they asked, "if one procures or suborns another to a breach of the law, h he not "pari de licto," what would they answer? "Yes." How then can they affirm against analogies, and thoee too drawn from the best known system of philosophy, that a federal govern ment Is not a party, but that the wor!t is wholly executed by the state. Bvcn mo neydevoted by will ordered to the purchase of laud, Is in equity considered and treated as real estate. By parity, what hinders that appropriating money to construct a road, should be considered as constructing H? i his is no fiction, but a fmir and true consequence from principle. But even ad mitting Congress to hare a share in the work, the question occurs, * it a case un der Me constitution, which at/owe of a divi sion of hborr We hare K? ex cathedra" that there are no concurrent powers in the two governments, except the taxing power, which in strictness Is a means/ we know by inspection that where powers are intended to be incomplete they are so written down In the constitution) and we forther know that the road-making power, If to bo found there at all, belongs to neither of these classes. It Congress then advance one step In the business, the work must be her's en tirely, and the slate In rnnoontlng to Higgfc with the understrappers, becomes herself buten underling the better sort. To those whodeny that the statesnstnhw the re lation of aget* inthecase In point, "beeawD en agent, pendinghiscommhsioa is subject to the control ef his principal, and the state throughout the work, Is not I would say that the fact that control ien condition precedent to the (elation, or Is exerted by successive act", subsequent to Its being contracted, is not material ia determining in its nature. An agent would not be less an agent for never hevlng been controlled after hie rwmmlssien, the question of agency or no agency, depend ing on the fact of the aet having to he done In an original, or derivative capacity. But suppose the federal gnieiumem chose to stipulate for the continuenee of Hs supervis ion, what istobar this condition being annex ed to the gift? Of thote whrt concclvc that state sove reignty U saved from invasion by *' the dit er* Hon o4 the state in accepting or refusing the ffcftd," I would itk if even voluntary $ervitude docs not stand open and derive Hp obligation from the right of convent) and if so, hoy can content, or ita basis discretion, rruAvr a state more or leaseoveretgn, as to Wt act to bo omitted, or done? At the state and federal governments are limited to distinct spheres, K would strike me that the Mret geetn," ami not the mete by which therehttfcmaccrne stfmttd determine the question of sovereignty. Discretion, so far from protecting the envcteignty el Uie state, is the very fcmndatlttand prolific source of H* barters It la discretion, hut duress, that would avoid the tMigatlotv mwl any principle, net having this c|n(,. would be hiMdequate totheendof protecting state sovereignty. Hot content, howav* er, to reet the argument on nahed discre tion, the politicians of this School havo pushed the Agnes" ft step farther and rd an acceptSncft * aa a laving ctauee M the i It would aeem to one. the surface of thlaga bform.tsbi fiMftes* 2STZ<2CL! i/i " ^ tk?f>4rtv ttfmhn**