In sober seriousness, sir, pardon me for inquiring how you procured from Willis Alston, his "set speech" on our goverment, our parties, and your message? Did you ask him to make a speech for you? You would gratify the curious by publishing your letter to Mr. Alston, which brought forth his long and silly letter. Did you publish his letter without his authority. If you did, he ought not to complain, because he might have known, that there was danger of its exposure by you, unless you could have believed that it contained "cabinet secrets." ship too long already. "We have paid dear-Kentucky, declares, that "the judiciary powly for the whistle?" er shall be vested in one supreme court, and such inferior courts," &c. It gives to congress the power to establish inferior courts, but none to create a supreme court; that is ordained imperitavely by the constitution And any and every court which shall be established by congress, or by our state legislature, must clearly be an inferior court. If, therefore, your famous act be valid, if it establishes your new court, that court is an inferior court, and its decisions, like those of other inferior courts, must be subject to the revision and correction of the supreme court or court of appeals. The legislative court is "ex vi termini" inferior and I am disposed to believe that the letter was subordinate to the constitutional court. The written for publication; it carries on its face power of the legislature to erect inferior courts evidence of careful preparation for the public is unlimited, and is illimitable, except by a eye. If it were written for publicatien, Mr. sound discretion. They may, therefore, estabWillis Alston has been guilty of an impudent lish a Desha court, a Barry court, or any other intrusion on the people of this state, and de-court however anomalous or nondescript; and serves castigation. When he becomes politi- they may christen it "the court of appeals;" or, cal knight-errant, he must expect nothing but "a court of appeals;" or, "the court of the star derision and contempt. Was Mr. Alston's chamber;" the governor's court;' "the people's letter the only one which you have been able court;' or give it any other name in the reto procure in all North America? I suppose organizing nomenclature; but it is, after all, so, for if you had another, you would have lost INFERIOR Court. There can be but one court of no time in giving it publicity. appeals, and that you cannot abolish. The Mr. Alston has rendered himself very ridic-constitution only gives you power to erect ulous, by the letter which he has written; and and establish inferior courts; and, therefore, you are no less so, for extorting it, and expos-all courts erected and established by you, ing it by publication. So far as he has dealt must be inferior courts. in assertion, he is evidently and notoriously incorrect. When he attempts to reason, he is not more successful. He has shewn that he is in total ignorance on the entire subject of his letter. an Circuit courts may be abolished, 1st. Because they were created by an act of assembly: 2d. Because they are inferior courts, which the legislature may "from time to time erect and establish;" 3d. Because experience Our judicial controversy is not like that may prove that other systems are more suitawhich was agitated in congress in 1802. The ble. The circuit judge holding his office, principles involved in the two cases are entire-during good behavior and the continuance of ly dissimilar. Congress abolished inferior courts, which had been created by act of congress; they did not attempt to abolish the supreme court, which is engrafted in the constitution. Why did they not? Because they knew they could not. They had the will, but lacked the power. Was not John Marshall then the chief justice of that court? And was he not obnoxious to the resentments of the republican, and then dominant party? Were not other judges of the supreme court equally as obnoxious as the chief justice? Why, then, were they not expelled, by an abolition or a reorganization of the supreme court? Why did not congress pass an act, declaring that "the supreme court is hereby abolished," or that "all laws in relation to the supreme court are hereby repealed, and the same are hereby re-enacted?" his court, must, although he behave well, go out of office when his court ceases to existbecause, there being no circuit court, there can be no circuit judge-there cannot be a judge without a court, although there can be a court without a judge. To exemplify this, suppose a former judge of a district court should now claim to be district judge, every man would at once say that he cannot be judge, because there is no district court. But there are circuit courts; and suppose that Judge Shannon, one of the circuit judges, should resign his office, is there not still a circuit court in his circuit? The court exists, whether there is a judge or not. But none of these considerations apply to the court of appeals. It can never be abolished by the legislature; nor can any other be substituted in its stead. And therefore a The wise republican statesman of that day, judge of this court can only forfeit his office by never had thought of your hocus pocus mode misbehavior-pass what law you will, there is of judge breaking. It was too shallow an ar- still a court of appeals-its identity is never tifice, too low for grave statesmen. They lost-its existence can never, for one moment, knew that it would be perfectly ridiculous. be suspended. And consequently he who was Such a project was, therefore, not even hinted at. It would have been scouted as the offspring of a deranged mind, or a wicked heart. The constitution of the union, like that of once a judge of the court of appeals, and who has not resigned or been removed by impeachment or address, continues to be a judge of the court of appeals; because the court is still the court of appeals, and because he is entitled to his office while the court of appeals shall continue to exist. He who cannot perceive this plain difference between the supreme and inferior courts, must be incapable of discrimination or analysis. Nothing, to my mind, could be more palpable, than this radical distinction in the origin and duration of the two courts, and the tenure of their offices. In every essential attribute of existence, the courts differ "toto celo"-as far as the heavens from the earth. But none are so blind as those who will not see. You are resolved to shut your eyes, that you may not have even a twilight view of the subject. And employing as you do all your resources to find apologies for confounding the two courts, it is not wonderful that some of your party have convinced themselves that the court of appeals is as destructible as the inferior courts. For we are informed by Terence, that "Verum putes haud acgore, quod valde expectas." "You believe that eagerly which you hope for earnestly." have Beotian judges whom Hesiod calls "devourers of presents," You might then have the ancient English courts, in which suiters paid fines to the king for his favor or fobearance. Such courts as those of Edward III, where his mistress (Alice Pierse) exerted so much influence, that it became necessary to forbid her interference under pain of banishment; such courts as those of Charles II, in which a Kentucky Charley may employ his purchased influence for the party whose purse is longest; such courts as those once so much prostituted by Bishop Laud, as to kindle a flame which could only be extinguished by blood; such courts as those of revolutionary France, by whose sentence all were decapitated who would not bow to the ruling faction. Does your ambition require such engines as these? Such you might have, if you can convert the court of appeals from a constitutional into a legislative court. It would then not be the court of the people, but the servile instru ment of faction. But thanks to the tutelar genius of our country, we have a constitution, which, while it But many of you have had too much light lives, can secure us from such anarchy. That to plead this apology. You do see. You know constitution is confided to us, the people, and that you are resisting the effulgence of solar we will, I trust, do whatever is proper for vinlight; but your pride and ambition will not dicating its integrity and sustaining its su suffer you to acknowledge your errors. You have gone so far as to consider retreat perilous duty to do it effectually and promptly. We have the power, and it is our premacy. and ignominious. In this, however, you de- "In the situation in which we stand, I see ceive yourselves, and if you persist, time will no other way for the preservation of a decent open your eyes when it will be too late to re-attention to the public interest, in the repretrieve what you will have lost, and forever. sentatives, but the interposition of the body of Then Mr. Willis Alston's puff will, afford the people, whenever it shall appear by some you no consolation. Sir, it is more magnani- flagrant and notorious act, by some capital inmous to acknowledge, than to persist in an er-novation that the representatives are going to ror. It is better to forsake "your way" than overleap the fences of the law, and to introto pursue it to destruction. It will be much duce an arbitrary power." BURKE. more glorious, and eventually more advantageous to you, even now to repent, than to die in your sins. To such as have committed the "unpardonable sin," there is no hope. These are few, and "have sinned against light and knowledge." They have fanned the flame of discord and prevented its extinction. Wheth er you are one of these, your own conscience may decide. Whether you are or not, I am bound to say to you, as well as to them "You have not, as good patriots should do, The public good, but your particular ends; To exalt yourselves, you have endeavored to bear down every barrier which checks your ambition, and opposes your absolute dominion. You tremble in the presence of a pure and independent court. You want a subservient court. One, the judges of which will be dependent for office and for bread on your bounty. And if you could succeed in subjecting the supreme court to your will, you might certainly attain your objects. You might then "Whenever the legislatvre shall, either by ambition, fear, folly, or corruption, endeavor to grasp themselves, or put into the hands of another an absolute power over the lives, liberties, and estates of the people; by this breach of trust, they forfeit the power the people put What I have said here concerning the legislainto their hands for quite contrary ends. tive in general, holds true also concerning the supreme executor, WHO ACTS CONTRARY TO HIS TRUST, WHEN HE EITHER EMPLOYS THE FORCE, TREASURE OR OFFICES OF THE SOCIETY TO CORRUPT THE REPRESENTATIVES, AND GAIN THEM TO HIS PURPOSES." LOCKE. The foregoing sentiments are re-echoed in our ears by Mr. Madison, in his preamble to the celebrated Virginia resolutions of '98. And in that memorable document, he moreover tells us, that WHENEVER THERE IS A CONTEST BETWEEN THE DEPARTMENTS OF GOVERNMENT, THE PEOPLE ALONE CAN SETTLE IT, AND THAT THEIR DECISION, WHATEVER IT BE, OR HOWEVER GIVEN, MUST BE FINAL AND IMPERATIVE. You are mistaken, sir, if you suppose that you will promote your own interest or happi ness, by your crusade against justice, order, Here is a faithful picture of an arrogant, and the constitution. Look around you, and self-sufficient, ignorant ruler. Does your behold your situation. Listen to Fenelon and conscience tell you, that in you may be seen learn wisdom; this is his language: "Of all its original? If it does, you may yet profit by men, that king is the most unhappy who be- its exhibition. If you will still continue lieves he shall become happy by rendering blind to your condition, and cling to your others miserable. His wretchedness is idols, I trust that the people next August, in doubled by his ignorance-he is indeed afraid their majesty, will proclaim to you and them, to know whence it proceeds, and he suffers a in the language of Cicero: crowd of sycophants to surround him, that' keep truth at a distance. He is a slave to his passions, and an utter stranger to his duty. He has never tasted the pleasure of doing "Perish that power which has been ob good, nor beer warmed to sensibility by the tained by evil means, retained by similar charms of virtue. He is wretched, but the practises, and which is administered as badly wretchedness that he suffers he deserves, and as it was acquired." This shall at least be the his misery, however great, is perpetually in- prayer of creasing." 18 "Obruat illud male partum, male retentum, male gestum, imperium: A PLEBIAN.. PRELECTION. THE friends of "the American System" in the United States having resolved to hold a National Convention at the Capital of Pennsylvania, in the year 1827, for consulting as to the most prudent platform of protection by a tariff, a local Convention in Kentucky, in July of the same year, appointed JOHN HARVEY, THOMAS C. HOWARD, JAMES COWAN, RICHARD H. CHINN, and GEORGE ROBERTSON, as delegates to represent Kentucky in the Harrisburgh Convention. All of them, except Mr. HOWARD, attended that Convention, and, after its adjournment, made the following report to the people of Kentucky. The principles therein illustrated-had they not been superseded by the Compromise of 1852-3-would, as many statesmen believe, have established, before this time, a degree of national prosperity and independence which would have commended, to general approval, the proper policy of protection prudently applied to Young America. The report presents an outline of the principles and policy of Mr. ROBERTSON, who-though he always advocated the power and expediency of protection, properly discriminating as to subjects, and time, and degree--never voted for any tariff bill while he was in Congress, only because all of them were, in his judgment, so framed as to operate unjustly and rather destructively to the proper ends-that is, national wealth, economy and equality. Reviewing the past and contemplating the present, many wise men believe that the compromise with nullification was barren and unfortunate to conservatism, and still more think that had any Compromise been proper, a paralysis of American protection was too high a price. TO THE PEOPLE OF KENTUCKY FELLOW CITIZENS: We were not insensible of the honor conferIn undertaking to fulfil the expectations of red on us, nor unmindful of the responsithose by whom we were appointed to represent bility incurred by its acceptance. If longer Kentucky in the convention lately held at time could have been allowed for a more gen Harrisburgh, we were certainly influenced by eral expression of your approbation of the obno other consideration, than a sincere desire jects of the convention, and the choice of your to contribute, as far as we were able, to the ad- delegates, we would have been gratified. But vancement of a cause, which is essentially feeling the necessity of a representation from identified with the future welfare of our coun- our state, and believing that you could not be try. To ameliorate the condition of the far- otherwise than favorable to the invitation of mer and excite domestic industry generally, Pennsylvania, we did not hesitate, at the hazwere the only objects of the convention. It was an able and venerable body of 100 men, from 13 states of the Union, who had assembled on the 30th of July, and adjourned on the 5th of August. One of our colleagues, (Mr. Howard) did not attend. ard of personal inconvenience and pecuniary loss, to repair, without delay, to the scene of deliberation, and co-operate with distinguished fellow-citizens from other states, in devising and recommending such measures, as should be deemed most suitable for the relief of our suffering industry, and the useful application states. Has not congress all the power on that of our vast and dormant resources. subject which each and all of the states The power to protect agriculture, commerce possessed before the adoption of the federal and manufactures, the three great elements of constitution? And did not each of them ever national prosperity, has been exercised by con- have the plenary power to regulate commerce, gress and acquiesced in by the people, ever by duties, in such a mode as to protect their since the first session of the national legisla- own industry and capital against foreign moture in 1789. And the policy of its applica- nopoly or even competition? The general govtion to many of the branches of those three in-ernment is now the trustee of all that state terests, had not been questioned. Gen. Wash-power. And the people have a right to expect ington, Mr. Adams, Mr. Jefferson, Mr. Madi- and require that the great trust will be faithison, Mr. Monroe, Gen. Hamilton, and most of fully fulfilled to the full extent of their interour distinguished statesmen, have urged the est and proper independence. exercise of this protective power, and the ben- The legislature of our parent state (Virginia) eficial results of its judicious application, are however, at its last session, influenced by senpractically exemplified. To the provident ex-timents inexplicable by us, but animated, as ertion of this benificent power of protection we believe, by a misguided patriotism, denied by a tariff, the United States are indebted for to congress this necessary and familiar power, the prosperity of many branches of American and denounced its exercise for the last 37 years, enterprise-naval, agricultural and manufac-by every congress and under every administuring. tration, as usurpation and tyranny. The chamOur tonnage has been protected by a dis-ber of commerce of Charleston, as if by concriminating duty of 700 per cent. The growth cert, cotemporaneously, or nearly so, announ of cotton and tobacco, and the manufacture of ced similar sentiments in a manner intended sugar, have been encouraged by high and (to to rouse the opposition of the south to the printhe consumer of the latter particularly) sin- ciple of a domestic tariff. And about the same gularly heavy duties, with the avowed object time a distinguished senator of the south, and of protecting the domestic article. The man-others of his party, spoke of the probable sucufacture of glass and salt has been encour-cess of the Woollen's bill, as "a calamity more aged by duties unusually high; and to the wholesome protection of a tariff our success, in many manufactures in which we are now unrivalled, is justly ascribable. afflictive than war;" and to defeat the passage of the bill, or if ever passed, "to RESIST" its enforcement, they recommended conventions in the south, to defend what they seemed erroneously and unfortunately to regard as "southern interests." Our cotton manufactories have attained their present maturity and surprising success, in a few years, under the cover of “a judicious tar- The friends of the woollens and other doiff;" and now supply not only our own con-mestic interests in Pennsylvania, (than which sumption with better and cheaper fabrics, by at least 50 per cent., than we ever bought from abroad, but export to foreign countries to the amount of $4,000,000; thereby, to that extent, enriching our own people, and advancing our own commerce. no state is more peaceful or patriotic,) surprised and somewhat alarmed at all this unexpected procedure, considered it proper to endeavor to adopt some pacific and rational measures for counteraction and self defence. And for this purpose, and this only, the people of Pennsylvania recommended and solicited a convention, at their capital, of delegates from such of the states as were favorable to what, by a new and appropriate nomenclature, is styled "the American system." Such portions of Kentucky as had time to deliberate on this invitation, determined to accept it, and chose us to represent your interests. Deplorable indeed would be the condition of the Union, if after the people of the states have forbidden their local legislatures to impose duties on imports, or to regulate commerce, either foreign or among the states, and have delegated those powers to congress, there should be no lodgment of power anywhere, to protect their agricultural and manufacturing industry and capital, by laws regulating the importation of foreign products, and counter-ment. The only compensation which we have acting foreign legislation, We neither solicited nor desired this employ received for six week's service, has been the The states have only surrendered, they have individual pleasure and improvement which not annihilated this power. It is inherent in we derived from the interesting incidents with every government, and has been translated by which our travel was replete, and the advanthe people, in the federal constitution, to con- tage of a cordial intercourse with men distingress, a safer depository of such power than guished for their intelligence and love of counthe state legislatures, because its legislation try, from twelve of our sister states. And all will be more uniform, comprehensive and ef- the reward we expect or would receive, is your fective. Congress is expressly vested with the approbation, and our own consciousness of power to regulate commerce, and to lay and having faithfully endeavored, at the expense collect taxes, and to impose duties. "Regu- of some toil and money, and much domestic late commerce" for what purpose? No other comfort, to promote your best interests. We or more circumscribed than the general wel- have no fear that we have been guilty of any fare, subject only to the qualification of uni-incivism. The objects of the convention were formity among the ports of the respective those only which have been avowed by its |