Newspaper of Burlington Free Press, March 25, 1836, Page 1

Newspaper of Burlington Free Press dated March 25, 1836 Page 1
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rate.. Olll tSlb xrv x13k rtj rttSP T . A VS J&. SMi. in v N o t t ii h a j, o n v o r c m s a it ; it v t t an w i: i, r a ub o r slid BY 13'. M. STAGY. FRIDAY MARCH 25, 1836. VOBi. IX No. 004.. '"1 Jim L K? 1 VI '1 pj PSJj1 djr -K Q&& v ,A u c- USSU ,,t : ' In-' It () .11 K. ' 1'ruin ii Kile London paper. CONFKSSIO.NS OP A (iUACK DOd'Olt. My dny., my very hours arc numbered; thu cold liaml of death presses heavily unci painfully iipmi mu; I tell that lli'n bed will bo tlio last, save an earthly one, mi which Hie prupi tutor of tho i'alsam ul JJethesda will i'vit lay. I shall bo far beyond the reach n!' the indignation anil cciuuro of a last atonement, if I lay before the public, curtain particulars wherein I have, played a ooiispiciutis though a deceit ful part. At thu tame time 1 must bug the render to have the candor to bear in mind this remark, that what I have dune has been merely lur the sake of gain, r.inl not out of nmlicij in ill will to my follow crea tures as a body, or tu any individual in particular. I iha!l cninini'iiro with a short tkelch of my early life. My lather, Reuben Killi'ian ivuu a urcvor, in a ttni.il market io ti. -lie married, lor his fourth wife, the ilungh trr of the principal apothecary of this place. The issue of that marriagu was thu author of the present memoir. A 'short time be fore I waa born, my poor mother had been reading the. pocins uf the Poet Laureat, "hidi mudo to great an impre.-sion on her, that she insisted on my being christened by the name of Thal.iba. ' That dear parent waH to fondly uttached to her only offspring, that during hot life, kIio never would ullow my tender Cranio to be exposed lo the cruelty of a birch bearing brule, as shu frequently styled thai tiwful miiiislor. On ll.e conlinry. i-liu de termined locducaio me hoisoll; ami, in or der that she might direct my talents, of which i-liu had thu highest opinion, in the proper channel, the h'ibjiI the oppurt utu y ot taking mo, at J he ng'.- ol eight year.-', to to bu examined by a i-ul.bralod phrenolo gist, who hail auiiiHiiiced llti.l ho should en lighten the town by u f.-w lectures on hli subtle science. I well reineinliur the lay ing on of liun J of thai slender gen'leman. Alter duly examining tl.u out ward signs ol my inward powers. In: infoiuied my mother lh.il my ilevoliipeinenls wen- mi inlercttmr; mid complicate, that he would iiihu tune fr relied i mi, a ml m-im! her a v ril ten opinion The good lady. gra,'ifnd by the pains and atteiiiiuii he wa paying tier favorite, slip ped half n guinea inio hi- learned palm, anil went home In wail for thu promised particulars. Thu next day she received the follow ing note: M idair., The real rnu?e of my not an nouncing ymi r urn's organs yesterday, was that I as anxious nut toexpot-e him belure other pa rile.-: but the :.acreil obligation of truth compel me to Mate, l hat I find the orjjiiin hi' iiciuitilivcnrit am! t!eilny.lu.L,im bo hlrong, that 1 can have lutlu doubt he will be led on from robbery In murder, and finally, end his days at l he gallows, un less you tnl.u great pains in cultivating his organs of ventratiun, &c. as explained ri my little work, price lis Oil. i'oer obe. ihenl t-crvaiit. M a.vl'ki. Pai.jieu." My mothers rogo at this epistle may he conceived. She ini-lanily tet oft' on a crusade against the phrenologist, and cal led on every neighbor and gossip in the place, denounci g the man's ignorance, and proving it by his letter, and the well known Dutiable 'pialitu.-s of her interesting child. 1 behove Ihu lectures wen;, niter nil, as well attended as eur. My father was angry with my mother for exposing the faultt- of his child, and told her the ought to have hushed up l lie bu-inuss. Thu poor lady retorted, anil u quurrol en tiled. It was however nade op; and tin: reconciliation was evidently sincere on my father's part sis he advi-ed my mother the following day lo leave oil" brandy and water which they had always been in the habit of drinking, u.-he thought ale would be better for her. Although the did na he recom mended, my father lost his wife, and I my kind parent in less than three luuuths from that time, I wished In put niv mother's tortois-c shell cat into mourning on the uecailun, and the lure the clothes I made for her, 1 resolved to blacken those which nature had given Iter with ink. I had jul begun the opera tion, and had placed the unleeliug animal Jiead-loremost down in a host, with a quart ink botte in my other hand, when my fatli. or appeared. Seeing how I wa-i occupied, he rushed towards me. The abruptures of his manner, (though I was doing mi harm, but on the contrary n piotii duly,) alarmed me. I lleil: he pursued, He gained ground 1 heard him puff close nt my back. In my eagerness to escape, 1 allempled to jump over a cooler full of ale. I thould easily have accomplished the leap, had it not hap pened that ut that moment my liithurV hand arrested uic bv the trou'scr's behind. lie checked the impetus uf my spring, and 1 fell, with the ink bottle, hoot, and cut, into the middle of the streaming liquid. I screamed, tho cat mewed, my fijthor swore, ltul the death of my mother, I suppose, had t-iiftcnrd his hear!; lor in a minute he recovered Ins good humour,1 laughed it I tnu cat and me, and said, "It; did not maitcr, as the bout was tho only thing that would be thu worse for it." However, ho made tip Ins iiiind to send me to bchool forthwith, "to improve my man ners, anil have me out of harm's way." To t-chool I was eoiU. and there I re mained until 1 was twolvu years old, nt which time my father tent fur mo homo, put mo intn his counting house, and taught me the arts of book-kuoping and brewing. The latter 1 round was a far muru intricate and mysterious process than tho mere mix ture of malt and hops. Years went on, I grow up into a man : but as I advanced thu little town declined. It was not a placo of much trade, and on the inhabitants ,lm, nwnV( , wcre )ol rapidly succocded by fresh cottiers. The mortality of the paCo was certainly very :""" " voieu iinncaitiiy, tint' formerly it had been considered the reverne. ,uy borne extraordinary fatality, my father' Uttt cusloineia were always the lirct lo drop ofl". I felt fur him, and myself, for 1 was taken into partnership ; anil my mind sympathi7.ud with Moure's beautiful lines: "Oil cut 1 1 1 u fi n in iliililliond's Iiimii', I'll! n-cii my loudest hopes dec.iv : 1 iicier nurs'd a irro or flower. Dill tuas llin 1 1 ix-1 to I'.idu aiv.iy. "I ncier niirs'il a dear e.ir.ello 'I'u gl.ul me wiili us (l,u k black cje, lhil illicit it c.iuip ,u Knuiv nie ucll, And loc me. i( u-.is fine to the !" I3ut, alierall, what arc the gazelles to customers? and what is the sight uf its eye to tin; tight of a bill for beer made out, ready lor payment? Alas ! these bills de creased as the town decayed, and eru long the (inzetto presented the names of " It. Killman it yon. Urewers." The shock up set my father, lie never looked up after wards, and the very day week after thu a huve anuniineumeiit. I saw his hnols timid ing out of a largo mifh-lub. lie had cho ten Ihi! IV t o of Ularcnce. With thu few pounds left to uic I lied from thu fatal neighborhood to London. In that vast metropolis I had no chance of tetting up in my trade again ; there wore loo ninny in it already, with larger capitals, and equal skill in composition to myself. For some time I served in one of the prin cipal breweries as a clerk but my salary was so tmall, that 1 could neither pay for wine nor brandy; malt liquor I could not drink I was too much behind the scene fur that -and for water, which I estimated at a very dili'ertsul. value from that part put upnn it by Pindar, I had n constitutional antipathy 1 was a second T.inlalus, dying of thirst amidst a prolusion of beverage 1 could bear it no longer i left my situation. 1 was walking, with little in my pockets except iny hands, u a most melancholy mood along Rloomsbury Squire, when a man held out a paper to me. I look it, and found it to be the pull' of a patent medicine. A new light broku in upon mu, I cried out. "Eureka" and cut a caper in I he air for joy. My plans were quickly settled. I invest ed my remaining money in drugs, phials, and a chest, and set out on a tour to the country, resolving to commence, like an actor or counsellor, with provincial celebri ty first. It was indifferent to mu whither 1 directed my steps and thu accideul of see ing a notice of reduced fares, led me to book my place lor liirmiugham. As soon as I arrived ut that populous town, I boldly eng.iged a hand-nine lodg ing, and put an advertisement into the pai pcrs wherein, drnwing up.in the credit of my future l.ime, 1 niiiio.incei! that Doctor l'lialaba Killm.iu was to he consulted on every ili.-a-e to which the human frame is liable, but he had more especially devoted to his attention, the nervous, cutaneous, chronic, epileptic, internal, and mental dis union. The J clur had studied t!iu supe rior practice of I ho continent, he hail been entrusted to draw the teeth oft lie Emperor of Russia, had operated on thu King of Prussia fur theptone, and cured tho Queen of .Sardinia of iliipcnhl vuluns. l'roui the-c distinguished individuals, and otheis no less celebrated, had received the most satisfactory testimonials. 1 spent the iiiturvil, till tho appearance of my advertisement, in writing out auto graphs ol those illustrious persons, and in mixing niv newly invented liulsam of lie thi'sda. This consisted of ttiuiulaiing and uarculiu drugs, most of which had formerly been used by iny respected father, but in more diluted quantities. The lirol patient that ever visited me was an elderly lady, who complained of loivness of spirits. Shu Kind thu was always miser able except when in company. I did not wonder at tin.--, when 1 heard her mode of hie, which was, lo play at -tards lo a very late hour every light, and to he in bed till an equally late one thu next day. Shot-aid she wished lor some medicine which would not interfere with her usual engagements. I gave her three of my guinea bottles of Ihu l!al.-am, and desired her lo call again, when she had taken them. I saw her no more. On relbr-Miig lo my Journal, (I had su perscribed it my Diary,) I find the next who camu was of the fame sex, but n very dilTerenl age. Her complaint was hive.anu her lover had been fickle. I bold her two bottles of my lial.-am. Shu called again in a week, taid the had taken it all, had felt very tick and ill ill budy, but had quite got over her original complaint. 1 told iicrthe had heller have a couple of bottles by her, for future occasions, lo which the agreed. 1 understood that shortly afterwards hho hud u Urge Mini of money left her, that, by it (iirhui etriiuhlcnce, she again met her former lover, who made her an oiler, and l hey w"re married immediately. She is alive and well, and keeps my bottles by her, in case the should ever fall in love with any one else. Her marriage has quite saved her from all danger of tailing m love again with the tamo party. Thu third case nt llirmingliain but I will not go into the particulars. Suffice it to say, it ended hi a eoronor's inquest. A verdict of manslaughter was relumed, mid 1 was put into prison to await my irial. At the assizes an error in the indictment entitled me to an acquittal, and, being set at liberty. I iclnrned lo my lodg ings, put n long letter into the paper, prov ing tin: skill with which I hud acted, and that I had been made I he victim of the en vy and inalico of certain resident practilion ers and was us well attended as ever. Wonderful is the credulity of the public. 1 tried my baud at several oilier towns; Manchester, Sheffield, Lends, all had the benefit of my presence. Tho same tuccets attended mo at each of them ; that is to say, I enriched myself unit benefitted my patients by transplanting thcin to "unother and a happier world." Having accumulated u considerable sum of money, 1 resolved lo discoiitinuu my wandering life, and open my grand cam paign in the metropolis. I tlicreloru made arrangements lor the tale of my balsam with ageuld in tho difi'-ruul places 1 had visited, and look a large huusu m licriicrs sueei. The first thing 1 did, was to compose a number of now testimonials, and to dress a man up in a striking and appropriate ens- I uine, to dispense my announcement to ihu citizens. His dress was pari i-colored half spotted, to signify the plague and eruptive disacscs-. The following is a copy of my circulars " Vivi: ViW.Ko.ui:. Art thou afflicted, and would'st thou be healed? Go lo No. 100. lieriiors ttrcet, and consult Dr. 1 Jiuln- ba Killman. All diseases arise from one source, the iinhealthiness and derangement of the system, To cure this, Dr. 1 k after inlcn-so study and long practice, by a hcavcn-tcnl thought discovered the wonder ful, unraculou, and infallible ISai.sam ok 15i;tiiih.i. lie timely wise. I hu poet has j' itctonsly pomluil out the greatest desiderata uf life, and which he has placed first ? ' 11kai.hi, pence and competence !' ' In addition to testimonials from sevna! crowned heads, Dr. T. K. has. amongst many others, received the following grate ful ackiiuwlcdgcmculs from his own coun tryman. "Ijirmingham, Sept. fi. 'Sir, I was bom deuf, dumb, and blind. and continued in that meloiicholy state uf privation till about a lortucight ago. 1 have often teen my parents mingling thnir tears for hours together, and when I have askeu them tho reasons,they have answered in voices chocked with sobs Wc weep for thee!' Think, sir of their heart-felt delight ut niv perfect recovery of every faculty. Three weeks ago, a friend rec omnieded your balsom. Less out of hope, than from a sense of duty, which prumptcd them not to throw a chuueo away, they bought a bottle, lioforo I had finished, I could here certain inarticulate noises, und could stamnuir a few words, and there was a chmmerintr of ItL'hl. Ii v ihu end of the second battle, 1 could here my mother's tongue going from mom till night: I could gel in a word or two, and 1 could distill gui.-h that her dear iinse was red The third bottle made a man of inc. I could under stand all that every body said in my lan guage; I could tee that my mothoi's nose was turned up, and I could discourse as fluently as Lord Brougham. These are your doings, and they are acknowledged with a gralelul heart by Your obedient servant. "M.t'riiiKW Mom:." "To Dr. Thalaba Killman." 'Sympathy Cottage, Coal Hole Ally, Leeds. "Mifs Alicia Lmliiia dc Montmorency Sniggs presents her unfeigned acknowl edgments) lo Dr. Killman, and begs loin form bun that her little buy has been quite cured ul a son: nose and the ringworm, by two bottles of the llalsam of LSelhesda. Manchester, Aug. -llli. "Sir, I beg to infurin you that some years ago my right ear was most unwar rantably cut ofi'by the sword of a yeomanry soldier, ll remained in that state, that I was universally called thu cropped donkey, till 1 was induced to try your esteemed Iialsani, the effect of which has been such, that my ear has not only grown again, but is twice as large as the other. "Your humble servant, Jj.lt. A AM FuXKMAN." I felt I had f s much right to Issue these testimonials, as Don .Matildas had lo forge love-letters to hiuisclf.aiul I am happy lot-ay iiiino wcre more profitable than his. There were some other letters it is true, really and bona fide sunt lo me, ivhicji 1 did no: publish, preferring thuse of my own inven tion. Tho following I received from Notting ham : "Sir for many years I havu been endu ring the worst pain that tho human tpectes. at least the male pari of it is liable .to, I mean the tooth ache! Year after year I suffered the pan ing pang of extraction, till only one tooth remained in my head. It was then that I hen id the fame of your in valuable lialsam. Hope catches at a reed; I tent for a buttle. In my eagerness for relief from the lit of pain I was then endu ring, I put the nek uf the bottle, to my mouth without wailing for a cup. Thu con sequence was, I ihriisl my last tooth out of Us place and down my throat- 1 bwallowed it with the liulsam, and from that day to this 1 have been free from the tooth ache. Yours faithfully. Dknjami.n Go.m." "To DrKillman. Sheffield. July 20th. Sir. You are a boast, and a scoundrel; a rogue, a cheat, a thief, a quack, an im postorl I bought two bottles of your tlufi". lo cure me of the stomach ache, and they havu madu me wursu. If I die, I'll be d d if I don't haunt you. "Ai.t:.'ANii:ii Ji.irtm:." Notwithstanding Mr. Largo's threat, I have always been less afraid of the dead than ihe.living; and as it will appear, with reason. 'Tor, having carried on a most thriving trade for two years, and having amassed a very pretty fortune, my und has been hastened in the following manner : I had been taking a wall; one evening, and hail just relumed to my uwn door, when as I raised my hand to thu kuueker, n per son came quicklcy up to mo, and inquired if my name was not Dr, Killman? On my replying in tho allirmalive, tho wretch soized mo with the grasp of a Hercules a nd holding with the tenacity of a vice, bela bored me with a bludgeon over Ihe.hosd and body, till I sunk tu the earth exha listed lie then went away, cvclaiming, "Now, if I hnve nut done fur jou, try your own bal sam.,' 1 was found by I ha police, and carried into my house. The blows on my head produced temporary derangement. A doc tor was bent for, and hu prescribed, for me. It u t my housekeeper had tun good an

opinion of her master lu let Inn taku any thing recommended by a tt ranger. She emptied out the bottles us they were sent, and filled them with I) u s.v.m ok Ui.i un;n.f Unconsciously I partook of my own inven tion, "! Domimim pcrniciosd suum." Like Perillus, I have been thu author of what has caused i.iv own death. My rea son has relumed, only tu tell me I am dy ing. My housekeeper, as shu thought I could understand her, boasted oi lier artifice and how shu had been cheating the doctor. Tll.ll.AHA Kiu.man. nr.UAUKs 6f sin. l'jtK.Nnss, On ilia quciiinn nf reception of a Petition fioni llie Cociely ol l-ueii h, prajin lui-llin aiotiiiiuii ol Sl.ueiy in the Uisliict of Columbia TuesJ.iy, M.ucli 1, 1830. Mr. President : 1 am unwilling that the volo which 1 shall feel myself obliged to give upon this question should bu liable, from silencu on my part, to any misconcep tion. In all my public acts, and on this oc casion in particular, I am desirous that the grounds upon which I proceed should bo distincllvH-nown, so that no misapprehen sion niuy exist, with respect to my conduct or my m 't'.vcs, here or elsewhere. 1 can not yield my assent to some of the doctrines which hnve been advanced in this debalo -, and 1 wish to tay just enough to prevent tho possibility of any inference that I acqui esce in them. Sir, I lie abolition of Slavery in tho Dis trict ol Columbia is a question, in all its as pects and relations, of great interest and delicacy. It is a question which I have had no disposition lo agitato, especially at ibis time: and at no time would 1 nilerlerc, m tho slightest manner, with slavery as it ex ists in tomi! of ihe States. In my public character, I look upon slavery in the States inly as thu Constitution of the United Stains looks upon it; as a State institution, existing under State laws, and subject only to State authority. I know it only as it is known to the Constitution, and would not treat it otherwise, than the Constitution treats it. 1 would leave it whore the Cull tiiiution has left it, disclaiming all power in Congress over it ; and I would neitlnr do nor tay any thing, in my public capacity hero, to disturb tho right in this species uf property, or in any manner to endanger its security. While I say this, sir, in refer enco to slavery in the States, I am bound, in candor and frankness, to say, that I re gard slavery in this District in a very dif ferent light. The petitions which have been presented here do ngt ask any interference, or assert any power in Congress io interfere, with slavery in 'ho Slates. They are confined to Slavery m this District. They complain of its exi-lence hero n-i a public uvil, and ask ihu interposition of Congress to redress thu grievance. The Senatur from South Carolina (Mr. Calhoun) has moved that the petitions be not received. The Senator U- 'i i'ci.i.sy'.-i.iii JiMr Jiucharuni) p"jpo.cs that the prayer of the petitions be ut oneo rejected. Sir, I cannot agree lo either of iheso mo- lions. They differ, In bo sure, in puint of form, but the cllect of both, it appears to me, is substantially the tame. The first in order, tho onu now before the Senate, do ilies, in terms, tho right to petition at all on the subject. The other, it is true, does not. in form, deny the right; bill while ll professes to admit the right, it proposes to reject the prayer of llie petitions immedi ately, without a hearing, and without con sideration. They are both essentially pro liminary motions, precluding alike the us ual reference and examination into the merits of the petitions; and, in my judg ment, they both, in cfiect, abridge (he right secured by the Constitution ; or, more pro perly speaking, the right recognised by the Constitution as a pre-existing right ; a right original and inherent in the People. If we can make no law abridging the right to petition, we surulycau neither rightfully refute to receive a petition, nor eject ii instanlcr, on its reception, without a hear ing, without any inquiry into the subject matter. The distinction between rejecting the petition, and rejecting ihu prayer of the petit mu, immediately on its being received, which is the motion proposed by the Sena tor from Pennsylvania, is too refined und abslruct, in my apprehension, for a subject of such common and universal interest to thu People as the privilege, and right to pe tition. The distinction, must repeat, is. to my mind, unimportant, and exists rather in form than in substance. Thu character of the motion is not altered, oral all varied, I by the circumstance, that the motion ad mits ul discussion. Discussion may lie Had on almost any and every preliminary mo lion. Discussion, free and liberal discus sion, has been had on the motion not lo ru ccive. That motion is still pending ; and if discussion is all that is to bu looked to, every object has been attained, and gentle mcn'may as well vole for that motion at once. The disposition proposed lo be giv en to the petition, after it shall be received, is equally summary, denying, as it does, in vestigation and consideration in the accus tinned for m ! of proceeding ; and though it may be a formal and technical compliance with tho Constitution, it is, alter all, lu every practical and essential purpose, equi valent to a rejection uf the petition itself. If we are bound to receive, we are bound to hear and consider ; und an abrupt and premature rejection of the prayer of the petition, if not a denial of the right to peti tion, is ii denial of every thing belonging to the right which is of any importance. When petitions are decorous in their language, and contain nothing which can bo justly deemed intentionally offensive ; when they come from persons competent to petition, and treat of subjects upon which it is competent for Congress 'o act, I hold that iv o are bound lo receive thcni.and give them a respectful consideration. No pot I lion, in iny opinion, ought, to be rejected, or can constitutionally bu rejected and re fused n hearing, on account uf I lie nature of tho subject of which it treats, unless the subject bu obviously and unquestionably beyond lhi coiisiitutiuual power of Con- grcbs. With this limitation of the right, ll belongs, and niiist, from thu very nature ol the iic'ht, ncccctanly belong exclusively to thu petitioners themselves to judge uf the subject-matter. If Congress can discrimi nate between the subjects, nnd say that up on Honiu subjects pctltlnns may bo received, but upon others they shall nut bu received, what, 1 ask, become.t of thu right to peti tion? What is tho riL'ht worth ? It will be in vain, sir, that wo acknowledge the right, if wo thus limit, its extent, if wo thus control its exercise. These preliminary notion?, for I can call them nothing else, go directly, it appears to me, to impair, to nariow, and abridge the right. If we really mean I hat tho right shall bo enjoyed in its just, it legitimate cxlcn, wo shall forbear to embarrass it, to render it nugatory, by questions uf this sort. Vc bhall raiher treat tho petitions, as I think we arc bound to treat them, and as they have always heretofore been treated, according lo the ordinary rules und usages of parliamentary bodioti in such cases. 1 regret exceedinaly tho harsh expres sions which gentlemen havo thought fit to apply to the petitioners. They havo been denounced as incendiaries ; they have been charged with criminal, with treasonable intentions ; with intentions to excite a ser vile war, and subject the whole Southern country to pillago, havoc, and devastation Sir, wo aro nut to full into the very com mon error of supposing that all who differ from us, especially on subjects of an inter1 esting and exciting nature, do so from tin worthy motives, and not from holiest con viction. With somo of the persons who have signed petitions on this subject 1 am well acquainted. 1 know them tu be Intel hgent, natriotichighlv respectable. Their propositions maybe strongly stated ; their argument may bu bold ; their illustrations may nut ho buitcd lo the taste or tho judg ment ul those whoso opiuiorn thev oppose but that all, the whole combined, proceds from a consciousness, on their part, ol do ing and saying what is right, I neither hive nor can entertain any doubt. With me, sir, it does not admit of a question, that tho petitioners believe, bin cerelv believe, what ihuy profess to think that i he honor of the country, tho prosper ity ol the country, the best and highest in tcrcsls of liberty and humanity, arc involv ed in this question. If they aro wrong in their opinions, or express them with too much boldness and independence, the fault if it be one, is tu be fund in the institutions uf tho country; in the civil and political principles of the country; in the education of Ihu country. It is Irom thcso sources that Iho petitioners have imbibed their opinions, as well as the spirit which prompts them to express them with manly freedom and, sir, you cannot bv any law you can make, or by any vote which may bo bore given, rnprc-s or rostrnm the treo expres sion ot their opinions, any more than you can stop or check, by legal enactment, or legal coercion, tho course and current of their thoughts. It would bo unwisu to attempt to do so. We-should rather treat them as they have heretofore been treated. We thould resort to do extraordinary measures. Wu should observe the ordin ary rules anil usages of this body, and pur mil thu petitions, as usual, to go lo a com mittoe. This is not only the just consti tutional course, but the course, in my optn ion, enjoined upon us by every coiistdera' lion of policy, as well as of duty. Sir, upon the constitutional question, whether Congress has power to ubohsh slavery in this District, wo had, some days ago, a very compact, and intelligible argu ment from the Senator from Virginia; and from the known ability and habits uf close and thorough research of llie Senator, we have a right to presume, and, indeed, must presume, that every consideration was presented, in support uf his ductrino, of which the tiibjecl is susceptible. Although thu lucid simplicity, tho CKact and eloquent brevity uf Ins stylo and reasoning, interest ed and charmed me much, Ihu Senator must pinion me if I say that his argument failed to convince me. Two propositions were relied upon us the principal basts of thu argument. It was insisted, first, thai the act of cession of Virginia expressly interdicted ihe exur cise of the power by Congress. The net, after ceding the territory, and relinquished lo the United States "absolute right and exclusive jurisdiction over it," provides "that nothing herein contained shall bu construed lo vest in the Unitc.l Siates any right uf property in tho toil, or to effect the rights of individuals therein otherwise than the same shall or may be transferred by such individuals lo the U. States." This clause, which was evidently insert ed in thu url from abundant caution, was intended to define and ascertain, more ex act precision, the subject matter of the grant, and to preclude, by express negative words, the possibility of its being construed lo transfer any right or interest in the soil itself. This is not only tin: gramatical reading, but the natural and plain sense of ill-: clause ; and, giving to it Hs utmost im pjrt and extent, it is manifest that it impo ses no limitation or restriction whatever upnn ihe legislation of Congress. It was further insisted that, independent ol thu proviso in the act uf cession, Con gress did not possess, and could not exer cise, the power in question. It was said that neither the Legislature of Virginia nor that of Maryland had any powor to abolish the right uf property, nnd that they cuuld not grant or transfer to Congress a power they did not themselves possess. Sir, the competency of the Legislatures of Virginia und .Maryland to cede the ter ritory, und relinquish to the United Stales full and absolute jurisdiction over it, is nut, and, I presume will nut hu denied; mid it appears from tho act of Virginia that irtri diction was surrendered to ihu United Stales, to ho held and exercised ";urHrin(," as the act expresses it, "la the eighth seclitm ii Ihe first article nt' the Constitution if Ihe Uniltd iilttlcs." That section, it will he teen, confers upon Cungross "exclusive lu gi.latiun iti all cases whatsuevur" uvcr the territory. When the jurisdiction of "ir ginia and Maryland ceased, the jurisdiction uf the United States commenced: and ihu question, whether Congress can abolish slavery in this District, depends, not upon any powers granted lo it uy mo jjegisia luros of Virginia and Maryland, for they could grant none, but upon tho powers given to it by the Constitution ol the united States. J'he Constitution, as wo havo already seen, gives to Congress "exclusive legisla tion in all cases winisoovnr over mo District p .wcrs as large and oxtensivc as could well be conferred, and probably an full and absolute a- belong to tho Legisla tures of any of the Stales. Congress, then in its local legislation for its District must havu at least as ample power uver slavery within its limits as uny Stale Legislature possesses, or can exercise, ovr slavery m on v of the Slates. Sir. 1 hold, and I nupposu it will not ha denied, that the law of ihu lund is the foundation of all rights of property. They exist only by and under tho iaw, und cannot. exist independent ot it. I Hey may uu said to owo their origin and exiblcuce lo the Legislature. This is literally und pecu liarly tlm case with respect lo the right ofproporty in slaves. No such right, it i well known, is recognised, or oven tolera ted, by the common law. It is true that u century and a half ago tho cooH of com mon picas in Englund adjudged that trover would lie fur a negro boy. '"because," said tho court, "(Vict, were heathen 3, and therefore a mrut might h ive properly in than." Hut, in a subsequent case, a fuw years after wards, in tho King's lionch, it was deter mined by thn whole court that tracer would not Itu for n negr" any muro than for any other mui. "tor, by the comriun law," said L'ird Holt, "no man can bavu a property in another " In all the Slates where slavery cxittf.thn right of properly in slaves must bo derived from pusitivo enactments of tho Legisla ture ; and in this District, 1 taku it, that, independent of legislation, eithur urigiual on the pari of Congress, or adopted by it, the right docs not, und would not exist nt all. Hut it is probably not very material, as to Ihe powur of the Legislature over it. whether the right is derived from acts uf positive legislation, or from the common law. I havo said, sir, that nil lights ofproporty owo their origin and existence cither to statute ur common law ; and I say further, that it cautiol be maintained that the Le gislature, as thu law-maker, has no power whatever over tho rights of property.' Tho proposition ceriainly is nut true in a gen eral and unqualified sense. Tho clause in Iho Cninlitutions ut the States and of thu United Stales which provides that private properly shall not be taken for public usu without compensation, certainly implies thu existence of a power in the Lugis'uturu over it. If a law is made by which a per son is deprived of the right to certain pro perty, taken for public uso, it is by virtue of such law that tho properly ceases to be his ; and though tho law provides n com pensation, the right of property is not the less taken nway against the will of the proprietor. The truth is. the rights of properly nra subject to legis'arivc nclion and interference except where such actlun or interfbroiico is prohibited or restrained by constitutional provisions. So far as restrictions are im posed upon it by tho Constitution, the pow er uf the Lfgislaturu is qualified and lim ited. 1 1 is admitted that a right or inter est in properly oncu actually vested by law cannot bu taken away by the Legisla ture, except when taken fur public Use and then only on making compensation. This is made a lundaniental principle in the or ganic systems of this country; and without it, law, to use the language uf another, wuuld be tyranny, and gnverment would bo opression. Thu Constitution, regarding tho right of propettj as one of the most important of rights, and iho protection and security of it as 0112 of the chief objects of govenneiit, declares that no persons shall tie deprived of life, liberty, or properly, without due process if laie. This process is a judicial process and of course can em anate only from thejudiciary. Hesides, no person can be deprived of a right, unless he lias forfeited such right. Thu forfeiture can he ascertained nnd declared only by u judicial tribunal. The adjudication is in its nature a judicial act, which cannot bo performed any more that thu process al ready mentioned can bu issued by the Leg islature; bceausc, according to thu theory and provisions of the Constitution, onu branch of the Government cannot exercise powers properly belonging ti- anotnor. Uut although a present vcted right can not be taken away by a direct act of legis lation, except for the purpose and on the terms which havu been staled, the Legisla ture may, and constantly does, exercise a power over property, in many ways, with, out being supposed nt all tu interfere with or disturb the principle uf vested interests. Not lo mention statutes of limitations, and various other legislative acts which operate upon tho rights of properly, it regulates and controls tho transmission of property by descent, mid the disposition of it by will. It can ultor, modify, and change tho law in these particulars as it pleases. It can alter, modify, and change tho law in these particulars as it pleases. It can say who shall be admitted as huirs, and what shall be the rule of distribution and divison among them; or it can declare that prnpor ty shall not pass at all by descent, but shall, in all casee.eschcot to tho State. This may seem a strong, and, perhaps, a bold propo sition. Such a law would, indeed, bu very impolitic nnd unjust. 111 reference to most species of properly; but, general and pros pective in its operation, it would be difficult to raise any valid objection to it, on the ground of constitutional power. The ques tion of policy, of right, and justice, is one thing; the quust'on uf constitutional power is another. Who, I a--k, wuuld bo deprived ul uny actual vesud iiitcrcs.t, by a law pro-

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