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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,


"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 decapi tated 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 instrument of faction.

But thanks to the tutelar genius of our country, we have a constitution, which, while it lives, can secure us from such anarchy. That constitution is confided to us, the people, and we will, I trust, do whatever is proper for vindicating its integrity and sustaining its suduty to do it effectually and promptly. We have the power, and it is our premacy.

But many of you have had too much light to plead this apology. You do see. You know that you are resisting the effulgence of solar light; but your pride and ambition will not suffer you to acknowledge your errors. You have gone so far as to consider retreat perilous 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." 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;
Factious among yourselves; preferring such
To offices and honors, as ne'er read
The elements of saving policy;
But deeply skilled in all the principles.
That usher to destruction."

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

BURKE. "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 legisla into 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 OF FICES OF THE SOCIETY TO CORRUPT THE REPRESENTATIVES, AND GAIN



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 good, nor been warmed to sensibility by the charms of virtue. He is wretched, but the wretchedness that he suffers he deserves, and his misery, however great, is perpetually increasing."


"Obruat illud male partum, male retentum, male gestum, imperium:

"Perish that power which has been obtained by evil means, retained by similar practises, and which is administered as badly as it was acquired." This shall at least be the prayer of A PLEBIAN.


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.



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 genHarrisburgh, 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-fown 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, announof 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 suc-. ufacture 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 afflictive than war;" and to defeat the passage wholesome protection of a tariff our success, in of the bill, or if ever passed, "to RESIST" its many manufactures in which we are now un-enforcement, they recommended conventions rivalled, is justly ascribable. 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 no state is more peaceful or patriotic,)surprisat least 50 per cent., than we ever bought from ed and somewhat alarmed at all this unexpectabroad, but export to foreign countries to the ed procedure, considered it proper to endeavamount of $4,000,000; thereby, to that extent, or to adopt some pacific and rational measures enriching our own people, and advancing our 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.

own commerce.

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

friends. And those objects have been fully accomplished-as far as the moral influence of the unanimous opinion of such a body of men, can be expected or should be allowed to operate on public sentiment or national legislation. Our time, while in session, was sedulously and exclusively devoted to the consideration of the best means of relieving national distress, and advancing national industry. Our deliberations were characterised by moderation, liberality and harmony; and marked, as the result will shew, by no local interest or predilection. They were -as they should have been-in their manner temperate and decorous, and in their aims, impartial and national. Whatever was done, was done openly; and the best vindication of the convention would be a publication of all that was said and done, and attempted to be done, by the body collectively or its members individually.

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Twine, pack-thread, and seine
twine, 326,640 lbs,
Cordage, 1,613,604 lbs










In the same year, raw hemp and flax were
imported as follows:
Hemp 9,869,000 lbs,
Flax, about 600,000 lbs,


$551,757 72,000


We will not commit our own dignity, nor insult yours, by noticing (for the purpose of gravely defending ourselves from their application) the opprobious epithets which have been uttered and published in reference to the convention, by some individuals of morbid sensibility and of more morbid taste. Nor will we notice, for any other purpose than to shew, that they have not escaped our observation, the reckless prophecies of dire calamity, with For the manufacture of hempen and flaxen which others, not more enviable for their tem-articles imported, 21,880,615 lbs. of hemp per or sagacity, have essayed to alarm your and flax would be necessary-which would be fears and awaken your prejudices. If such worth $1,500,000-requiring for their growth names as Jeremiah Morrow, Hezekiah Niles, about 51,500 acres of land, and giving employMathew Carey, Joseph Ritner, the venerable ment, in manufacturing them alone, to at least Judge Huston, the patriarchal Tibbets and 700 persons, and indirectly to a great many Payne, and others which might be mentioned, more. cannot rescue the convention of which they Within the last six years manufactories have were members, from unjust reproach, we could been established in the United States, which offer nothing to still the tongue of slander. already supply one half of our sail cloth; but We shall only add, on this subject, that we it is believed that they cannot be sustained have done nothing but what every citizen of much longer, against foreign capital and comthe United States has the constitutional right petition and legislation, without some further to do, peaceably and without annoyance or re-support from government. The duty now imbuke; and we have done what we were called posed on the raw material is 15 per cent. ad to do, in a manner becoming the dignity of the valorem, and is no higher on the manufacturAmerican people, and free from just exception.ed article. Add to this the fact, that England It is not treasonable or even presumptuous, grants a bounty of 25 per cent. on the expor to petition congress for a redress of grievances. tation of linen. And we shall only ask those who have ventured to question our candor or purity of motive, to be careful lest, by the temper and object of their denunciations, they subject themselves to a more just and disastrous recrimination.

How easy, from these facts, would it be for us to supply ourselves with the hempen and flaxen fabrics from our own factories? A small additional duty on the raw material and on The convention, as many of you will have cure to us our own market; the necessary effect cordage, canvas and cotton bagging, would seheard, concurred unanimously in a memorial of which would be, a greater diversity and to congress, soliciting additional protection to productiveness of labor, some relief to our dethe growth of hemp and flax, and to the man-pressed agriculture-and more security, and ufactures thereof the manufacture of iron, independence to our citizens in seasons of and fine cottons, and the growth and manufac-scarcity and of war.

ture of wool.

The capacity of our country to produce hemp and flax, is almost infinite: and no statesman who will carefully examine the statistics bearing on this subject, can doubt that, with a very little additional protection, a domestic market will be secured, which will enable us to in

The house of representatives of the United States in 1824, passed a bill to allow a duty of 42 cents on cotton bagging, but by the unlucky secession of a western senator, of high name and pretensions, it was unfortunately reduced to 334. It is believed that the immediate representatives of the people spoke their

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