l ft I U a I I EJlf-) tH O. WAAwia iiirl&SLSy ttiiti DEBATES lNCUiGRESSr imstissctinc. t,w. .... ... . lloost, Fab. 7 1 hnuh,Ml ifinj nnJer consideration, Jla. lll.l,I.NUII.M obtained tho lloor. After merrtng in ine absolute power ennlerrcd upon Con .''y !'l8 Uunslitututi m relation to the number i i enerat KeprcsentalucH to which tho Slates should e entitlid, and to the q;t ilificatians therein prescrib ed f if the vo'ctn, (which, ho sill. n ilisiinel noil separate proposition from that of the election of the iiepre?eui,iiitf or the Suites,) Mr. 1). proceeded to inuum mm me 4111 section 01 ine 1-rin.Mitiilisii etc Tolnd upon tho States tho right an I duty of being represented, by c'otliiitg the State Legislatures with the power of prescribing the time, mid place, nnd manner in which theso elections should bo made. Its language wa, th-i States"shnH" do ibis. Tho simo action (beitu that under which this, whole dilliculty hid ans.-n) provided tlial Congress itself uiL'ht make or alter these regulation! as to the tune, place, and manner with the exception, however, aa to the pla ces of choosing Senator, It might lnvo been supposed that when this imper ative command had been given to the Slates to do this duly, nothing more would have been necessary) but it seemed that the framcrs of tlio Constitution entertained the opinion that soma of Ihe Slates, ei ther from negligence or contumacy, or eomo other motive, might fiil to have themselves represented in Congress j that if on State did so, another iivght; end tint const qui ntly there iiimIiI be a failurs of the Government est ibhsheil fir the Union. tie did not suppose that the Iramcrs of thefonsti tulion contemplated thai Congress would ever cur eif the power of prescribing tlie lime, place, or man ner of holding the elections, if the Stales themselves acted. He supposed it to h ive bem a hiab und deli ralo power, which they reserved to be used only in ease of necessity that necessity to bo demonstrated o.ily when it was apparent that the Sla'cs them Ives, fiom some cause or other, f ulod to carry out llicir powers so ns to he reptcsentcd here. 1 11 might tie sam tiy gentlemen on the otl"r that, no tmttcr what Iho motive was ',, tljU .Jilt, 0f iiu,Mf-,s u, in? i,un-u",,iiun lor reserving this power, Congress s.-.in.t exercise ir. Supp iso lint a btilo hail dJ'V what Congress had done in the present ens i or suppose that it Ind done more tint it had prescribed the time nn! phtce of holding 1 Cotigrcs lousl election. Suppose that, bv its law, it had done both thesi things: and tint, by it laws, it had also prescribed lint Iho State shou'd b divided in'o fiur Congressional tltsiilcts. Ilia teach disttiet should he entitled tu one Representative, nnd there it stopped without miking the district or des'gnaiing its limits: thus leaving lbs whole mailer m inextricable condi tion. In such a state of things, romiiun sensciself would dictate lint, under the power given by the Constitution, Congress might step in and exercise the power 111 its han Is for the p irpose of making nperfect law. If tins was a sound position, Mr. D. as'-ed whether its converse would not be al$.i true, in ruse Congress, undertaking to legislate, should pas, a law si lame thai there could be no representation of the Stales in Congrcsss anil whether it would not be within the power of the States themelve, under mch circumst ince, to pirs perfirt laws ns to time, place, and manner? Tho power, he contended, was an entire power; it never had been contemplated thai It sli-iuld be exercised by Cniigress and by Ihe Legislatures of the Slates in a sort of partnership relation that one should coniribu-e its mile nnd the ther Us mite. And why di.l he come to thii conelusion 7 When the draught nf tho Constitution, ns it came from the Convention which fiamed it, waspiesented for adop tion to the Stales, this particular featuro of it wns every where productive of great heart-burnings. So trong was the oliiei-tton to it in Vitgmn that it tool; ell the powers, nil tho coo ucss. n mi all the nersnnnl I ' N " 1- '"T Hill It'll Ml IIILIIHl lll'll II IUUI, inflienreof Mr. Madi on to reconcile tho objections i in anvdegrpx to this article; and the ground ho took was that it was a power winch mver would be abused which could have induced him ever to give his assent py i.ongnss. iiir. .uonroo inquired the reasons to such a provision ; and his answer was that it was ' uul l"f "Y ""id to ine i.eneral impssible the Constitution should have prescribed c"ovprnnicnt, ami in all that concerns the jurisdiction the timf, place, nnJ ininntr of ho'diii" Con-region- ' of "" 'c.,l!ral Government, tho States are suhordi nl clertbns in all the Slates ; an I that, should the 1 nn',fl ,lltir P0""5! rights, nnd duties being limited States neglect to do it, there might be a total failure ef representation, and thus th Union, which they insro euueavonng 10 lorm, ini'tii do totally over thrown. Kor this reason they Tin t reserved in the hands of Congress this high power. The pure hearted MaJison expressed the belief tint no Con-gre-s would ever be found so vile as to nl use a power thus sacredly committed to their hands; and, as if elothal with the spirit of prophecy, ho uttered the prediction that tdnuild men ever ariso who would bo guilty of so bason deed, limy would bo mirked by the reproba'iou of their country, and others more worthy would be chosen to occupy the place they would deservedly have forfeited. Now, whether Mr. M.i lisoii had been inspired by the spinl of the pioph ets or not, he was admonished by the unprecedented number of new faces be no saw nronnd htm that the people, on sinio account or other, Ind come to the co:ic!uabn tint their interests would be promo led by p itting new men in that House. .Mr. D. hero quoted ilu reply of Mr. Madison to tbe inqui ries of Colonel Mo,ir..e, nn.l addjd iliat when ajked whilin his j id ;m nt vvoullbea proper exercise of th- piwcr i'f rcjuhtin'r elections by the Slates, Mr. Mi'lii in had admitted that unless the Mates acted on iho subject in su-h a manner as went practically to ..-j , 111 an ,, tti i.iit.i ita ... in in unit., in y 111 i-isilv- tlu Union. Lv frimratin:- theerereisrt ,,f thn i great right and duty of representation, Congress woiiH haven ithingtodo wiih the matter. In Massa chusetts this sanie objection aro'fe, and this clau-e of the new Uonstitirnn was strenuously uhjectrd to as hihlv dangerous Jo tho lights and liberties of iho tntcs. Theclff?ne.j of tho article was placed on four dis tinct grounds. Tlicio was at that time, a gnatnp prcheni'i generally prevailing of collisions nrii-ing be Iween ttie two llu.es of Congress, and fears were ...n..n;nn.i .... .i... u .(..,. .it i. reguhtiom, in rtferenen to ile-tions, a, would nprr-' cm "on, nuu i ueie was no congress to do it mi ate iiiidu'y t control the nciirm of ihe people in fietly I",1 on, w'13 first chosen. The only possible mode, e'loosiug their repres. nlatives in the oilier I. idv. , '""VT'' was to direct tlio States first to male the Hdiin. it w.is nrauvl that CongreM, as a whole, ! 'flmm., ,o I hat a Congrcs.i could be elected, nnd k'iouIiI have control of theuhw-t. Another "round I 'lien '" '"'J"ct lliete regulations lo the direction and u.iti.1 , iiini.li iuri niu -i.ii.ni; nili'lllll JllMsl oil 6lll.ll taken was. tint tho States might negli-et m m ike the necessary piuvcions ns to the tune, pUce, and linn nvrs of holding elect t ui, either from its being incon- vrMn, A. l.n nr frtlll lllfif n-nliiirni.ft .i.l i-irn. "cnce and care- lesiness on Ihe -ihjort. An.ither'uroniiJ was that I Ihet-lates imgiil tiesu'leii nnd contumanous, nnd ab- rail., may ue preaerioeu in slrtin rrom nclliig. with mi . pn purpm-o or defent- " olatc by the Legislature thereof, but Congress ing and destrov'mg the Inderal Government. Ami f1,1'' 41 )' by law, make or oiler such legula ihe Inst reaso i j. veil was, that it might happen, in I !wl"; !" ". "'" WWit '.nM such a sentence would lime or waror invn-ion by n fun ign enemy that the ,c ll,lcry inconsistent with what must then have St He capitals being in possession of the foe, the I.e- 'lt",ir ' '! wiu'd have made it the duly of no- (islatiire might be phvMc.illy prevented from acting, i '""'' 'provide for thu first election, and imdeiliin Mr I), went onto c.v, Hint neither in New Vork Pfotivo on (..ingress to alter or make regulations, nor in Mnssachnsettt had h ever found n single man ' IIIJ &lale3 ad nude such as were enlirelj who belli that it was t.ilende.l llir.i yhould boa part-1 !JJl!''''f'nry. ny.slvp in this bniinr of regulating State elections, " " -" suggested lint suveral Stntes-lliat is, Congress doing a part and ilv Stale n part-one ''veil -propped lint the Constitution should be so furnishing the salt and the nlher the pepper to the ! "" that Congress should only cxcriiso this pow-lorislaiivehoie'i.pot.-li. If fongtess look upon them ' lT s?hm 3 SlUe entirely neglected lo make the pro to exert th.-ir imisiituiioiml power over the mailer, I v's1,0'"1- " lr,uu s",rh amendim-rits wtre proposed they must .xereise their wholo power; they must I adopu-d, nnd that clearly shows two do the who,, th.ii was to I.e done or iliev imit do ""2? " "''at H was then disiinclly understood iiathinz. And just with the Stale Legislatures , 'ho tonftnliun gave tlio power to Congrei.. to ilu-y, too, iiiu,i ue thu power enure, or leavo it to 1 "A hr1 WJ'" l"? niode of elections even where the Cnn-resj Stales had made regulations on the subject; and tu. ,.L,;..n a, . t,.i .... A second, that it was th(tight advisable to retain Ihal whi hwoii'd eunbio tli-n"'.il nf lb. Statis to he . represented iu this HalH If il Imi not, then ihe ... ..,.1 . -T.i j.. .i L.i.. 1 . .i i. j , ...i ."'."' ,' " "f-" ."'n i end if ihev hid done this they had acted ncenrdiriL' to the Ciinstitution, and the members elected under e.ich provisions were emitted to their seats. It had In en lliruv.n out at an early day that, as the law of f! n a law nppntti Hung the nunibrr of Jleprisenlativts tn the scmnl States it was n con elitutinnal law, nnd that llietefnrr nil other things mntaincd in it were constitutional nnd of binding fence; greater error had i.ever been ndvsnced. Supposing thelavv, bea'ub'S apportioning Ucpresentv lives, had nisi established an order of nobility or set lib a religious establishment, would these parts of it In vo been constitutional ? Surely not. A portion of lh law had pieserib l the eieiimn nf n number of district, in proportion to the respective number of Representatives m the several States ; admitting this to be the oeeicisn of a livvful nuthority. and so of binding firce, il bv no innans fnl'o veil tini every thing elfe the law mutable I was hiniliug nl u. Hut genllinvn hid asked whether ihev denbd that Con cress did peis-ers iho pnw.r lo n nubile thi- lime, pljre, nn I lumber of lui' li ig Congressional elections in the States'! Hi" did not ilenv P j but then ihe "mannr" of bidding tbesa rlertions was a very r. tensive ierm,,and cuvereil eveiv thing ropectintr ihe el.-clbn but merely the line an 1 the place .Vow, Oongrc had e titbiivoreJ in provide a law bv which the people. of lb" -tate- nvght be represented in Cein rj s, and vt tbi law th"v parsed provided nothing lour-- than tint Ite-nresetitalivpe should be chosen bv distrl-ts. 1 1 was the dutv nf the Sntes to provide n ihslrMs. II was tlie uurv oi tne times to provide mi that was necessary lo rlT. ct the end, if Congress did no" step in an I i.lH-ilr.ke lo do ti: but if Cog.es , Uumed to act. it aunt do all dnt n-.,d-d to be done: :.- ' ' .1 r .. .1 1 nor, l vd 1 1'ienr t"ii,w in mm user ui uie piiwer eUfc rrd bv the C mstmiiim. t i left ihepeop'e e,f ihe Sia'e nilcrlv ia tii- daik, tinJ in a slate of comnl.e confusion ns to how they were locll iheir fteprc lenlativti 'Rut gentlemen said the law was Intended only ns a e'lrectiou n the Sl.ile I.egi.latures : in elli et a Cnu rressiotiai mandil nddres ed to tbnin bodies. Hut l ist then- was the diflViil v. The Constitution ne v er rlritheil f!iiii'.'rr with power Ij issue a niandamu ton Stale s'lven it'iitv. Il puwir wj to be extr-e-isiid nnlv in the cmerge'iey ol nnn-arlion bv the Slates II wa not to direct l.igisl nures, but tn rnkvitf-lf n law Ihil would ed'i-ct the represen'i'inn eif ihn people in Congress. Hut if, instead of doing ibis, it niss-, a law s i impcrfwl that it would not ef f"t tint n'lj-rl, then tlio Stile I.egi'nturn were ti. -n-i tn tunaly I'm want nf n law thai would ef-f-el il, nJ lliey Ind power to legislate for the whole case. Mr. B, ssi I h" b.l !'vys ni"rins it to hire hjn ihn Inteiitiati nf llm finnre nfib Ciinstiiniinn to l.irp the pnrrci ol the Fd"l n'rl lb' Stale Gov i iiiiiwi's eni'l't'T Mparnle fr-n eaih othr n J if in miwpirleif 'bei' wi 'k ibatilTirl ws u anitVst il 1 ei.lcnt in ibis wry aittr. lie l-ii Ui kduni i i I a Pl0n I reverence Mr tho power of Congress as Mn'irri'd by iho national chatter) butheliad been also l taurlll to eliensli an rnnnl ilii?rrn nf reverence .711,, i.-ui9iiiiivo jtowcr wiicn 11 nisu wa gauiiiuu ill eonfonnitv Willi tin, riiiivliliitiM. White, there- fore, ho could never lightly pass over or set nsido the uuwioiuy 01 n law ot uongnss, no was just ns lear lers in forinin" nnd in declaring n jitdgnieiitns to tho consli ntionnlity of such n law ns of n law passed by Stato authority only. In tho present case they were called on tho niiohand to examine the expressed will of thoCoiuress of the I'nited Stales, and on the oth er tho expressed will of four sovereign States of the Union, nnd to say which of tin so wills was in con formity with ihe Constitution. Ho hail no hesitation in declaring it as his deliberate judgment, that ns Congress had failed to furnish a law Recording to which tho people of the Slates might be represented in the House of licptesentatives, that the power con ferred on the Slates to do this for themselves re mained with these four States, end that, therefore, their licDrcsenlatives had been eonstitulionstlv elec ted. Mr. D. observed in conclusion, that he should have said nothing on tho nrcsent occasion, bad not some of the Gentlemen claiming to be protestors, at the opening of the session, advanced grave charges against thoso who banoened to difter from them in opinion 1 they had intimated that such gentlemen had uipped their souls 111 perjury while the kiss of the Evangelists yet trembled upon their lips." The only possible excuso or palliation he could conceive of for Ihe use of lanrrnnrrn hko this. wfls. that men rnnsfinns of their own peisonal frailly and corruption were naturally disposed , to judge of the conduct ot others as have a hko oiigin. Mi. COLWMUIl obtained the floor, and yielded to a motion that the Itnnse nrlinitrn. fit hpinr nnlv 4 o'clock ' " tnis motion, by ayes -13, noes CO, wae rtjieltd. Hut no quorcm voted. And no quorum had been picsent in the House'! any tune in the day nftcr half imst one o ch-'. lint the House having refused to " .,, SZSr.&t 'snnsK In i". 'a. '" I'lirsuanco of the Const tut on. Con- mi. uuLi.Miviij oi ver i z',. ' Mian act apportioning tho Representatives 'ug uio oiaies, accoruing to tlie sixth censu-1 and in the second section provided that ihev should be chosen by districts. That passed both Houses of mm vv.-iM npproveu oy me presiacni. All thaStntes have conformed to tho firstsection of that law, but four have disregarded ils second section as unconititutional, and tins House is now called on to sustain those Sta'es in their rmtrtiA. This House is, by the Constitution, to "judge ef mo rircuone, returns, anu quauncation or its own members;" but that does not authorize it to ovarule or msregird tlio Cons Mutton, or the law, made in pursuance thereof, defining such qualification. The ;oir and duly of lhN House, in judging of the elec tion and qualification of its members, is the same power and duty as that of a court in tlio decision of a cause; tnnt is, to he ginned and governed by Ihe law, not to overturn or disregard it. This is probably the lir.t time in our history when a single branch of the Legislature hns been called on to pronounce a law, which has received ihe sanction oi an ine departments or the law-mil.ing power, in cluding this Lranrh. as unconvitutional and inopera tive. Such a question may have arien before the Executive, but more fieq .ently bjforc the Judicia ry : but that this power should be exercised by one oilmen oi uio i.cgisiaiure, ana mat, loo, in n case where theirdeeision is final and conclusive, ts new and momentous. I mention this not because I con sider this House has not the power to treat an uncon stitutional act at void, but thai, 'in the delicate busi ness of to doing, wo should proceed with the utmost cauto", and claim no infallibility, but ilia eauee which is clear, pn all reasonab'e doubt. We should have even a grcat-r degree of certainty, if possible, than the S ipreme Court require, that wo may stand in no ambiguous position before the nnmlr I, should bo remembered that this House is subject to I . I , t .'..- 7 .. jv.. iv 1 cuaiigcs, an i it istiiiutitlul policy to make a decision now-, on party gruunds, which may induce a mode of proceeding in the several Stato which will leave their future elections in doubt und danger. ine several nintes ot this Union are indeed save r,cil - T." Stntra within the proper sphere of their juris- 1 coniraciea ny ine provisions of the Constitution. The Slates do not, Irom the mere fact of being sotc reign Stales, have nny right to choose Representa tives to this Congress, any more than to send mem bfis to ihe Parliament of Great Umain, or tbe Cham bers of Deputies in France. Texas, Mexico, nre roe ereign Stares, but thai gives them no right of repre sjntation here. The only right to elect members to either House of Congress bribe people of any Stale i what is given by the Constitution, and it must be exercised under the limitation that it prescribes. Much is constantly said about rlvhts, sovereign rights. It might bo well, occasionally, to recollect that every rilit implies a correlative fluty; and all wlioclami their rights should perform their duties. The lishls of the people of the Slates to elect Repre sentatives 10 Congress, nnd the duties to bo regarded in the making such election, must be all determined by ihe Constitution. The Representatives having been apportioned among tho States by Congress agreeably to theCon stitution, we come now to look for tho mndeof their election. Tho provision of the Constitution on this subjeel is ns1 follows: "The limes, places, nud man ner of holding elections fur Senators an,l ItrnrriKi. tatives shall bo prescribed in each Slate by the Legis- . . r J . !"uro I nemof: but the Congress may at.iuy time by .... ....... ui oiiti oiti.il n-giiiiiiiuii?, fsuepi as in ine places of ehoosmg Senators." Something has been said m relation to the terms shall nnd mny in llii. provision of the Constitution, a if shall was usod to confer more power on the Slate Legislature than may conferied on Congress. If thu Decision on which this was drawn is considered, it will fully explain theuso of thcp terms. Tho Convention was forming the Constitution; it was providing for the creation of a Congress of new model. Tlie Convention could not, in uio uuiisiiiuii.in, provt ic nil tne particulars for a ,. , , , I . super v if ion of Congress lor cl! after time, by the grant of thu subsequent power 'o them. To lest this mat- icr, nnn ascertain whether such was the use of these 'tr ine, lei us transpose theso words, and then thesen- ,".'ce w,,ul'i I" fun thus: Thu time, place, nnd f,ow,r 9"."Src"i and, the proposed amendments w.lf." .i .t hat, Ihin.is the power of Congress aver this mat. ... i I ..,, :a .,.:. i ,i, ...,.. .1..,. f ,u Slates. The power to prescribe the regulations bv tbo one, and the power to nn.eand alter such regu laiions i by the other, have the same latitude and the tame limitation s but, by tho very terms of the propo rtion, tbe power of Congress is ultimate and para mount. This rlaurcof the Constitution niusi receive n practical construction, and not be rendered preposte rous and unmeaning by refinements nnd distinctions incapable of practical application. Tbe substance of the provision is, that the Stales shall rcgulato the moie of the election, subject to tho supervision nnd control of Congress Asturas Congress thinks pro pel tn make regulations its authority is paramount nnd binding on all, and the Suites aio bound to coin- plc'e tho rcgul ition, cnnsis'cntiy with those made by Congress, The (fine, place, und manner nf holding election, are but the elements the ingredients iu the compositun of regulations. Thev, together, mean the wwe of election, nnd arc intern led lo mean the whole, toe Iu Jing all things that make it. It is m telly itnpossib'e, practically, to separate theso ele ments, and n-jul ite one, without m ome measure di recting as In ihe other. They arc like the form, col or, arid material of n thing nepher can eisl nlonc. It i now very fully conceded, bulb by Ihe speak er nnd iho report of tho comnii icu, that Congress possesses ihe power to mike ll.e regulations as lo tho mode of the election in ollparticiilars.providedlliat mch regulations nre so enliro ns to require no nclion f ,,,.ii,..7 ' ,. .-, ' "'i'V ' nl (-',"Sress might make regula- ' '"'. "r manner, but .Is regu- J".;,i" ? b0 rrftcl 0"'1 c"'''" that Mibject. It is imficult lo see how this concession and hcmdis- uy urn .-i-iin i.eiiiTiiure. rno maturity report goes i ,;,!, , , , . ' ., .," I '"",, ? , nr1?'ln';,rnn,lfc tnl "'J:'11 R"" 1 B. ' ', "! ro,por' '"'"l","." fo-lbal is, that ('onrcs? can do nuthhiL' vi hicb ri nitires ttmishi lion bv the State, or which m'ves direction to mch le. rittlajiun, Hut bow can Congress settle-the time of election, wiiiieiut requiring nil the Sinlo Legislatures to make laws in direvl iho elecit ms, nnd reguUle the duties of Iho officers who attend them lo conduct ne cordingH7 Or, suppose that Congress should regu late the place or places of e'ection say lo beat each e.iurt-bniiie, tnwii-lioute, nnd parish church would not all the la vv s eif Stales require lo be nliered acenr i);ngly 1 It is utterly impracticable to make any dis tinction, nnd preserve the niincitde. All this is, however, of little importance. Tlie great point still remains, and il i this: It it insisted that Congress can never, constitutionally, legislate on any suhji-ci in suih n manner as lo require notion bySi;iio r.euislat tbalall actsof Congress must ntieratv nn the people propria rinore, by their own force, nnd not thrniith Ststo Ifgislstion t and llieie foro il can nivnr be the duly of a K'ate Legislature to revard nr perfect any such m'esure. This Is laid ilnivn n t nnnenile in eur fluvermntni, fonndtd on ike Mason that SxOr l.ryialsturts re not the euh rets ur tgiiti cl Citiguvs, sn 1 n instotid lint rucli less been tho uniform practice in our Government. This brings the question to a very narrow point, and, in const lering it, 1 will state some general principles, which, if sustained, will settle it. When power e.xisn in tho General Government, and Iho aatno exists in tho Stato Government, each maycxcrcise tho same for Its own purpose. Kor in stance! Congress mny raise n direct tax, and so may a Slate) but, in such case, each mut be for its own use, nnd each must net independent of the other. If a power is pranted to Congress, that does not deprive tho Stato of Ihe exercise of that power, unless forbid den by ihe Constitution and the exercise of the pow er by Congress only suspends the power of tbe State todoanv net inconsistent with what Congress has done. (Sturgis r. Crowninshicld, 4 Wbeaton, 122,) Such is the case of bankrupt laws, put in the majority report. (12 Whcaton, 213) There is another entire class of caes in the Consti tution. I epcak of that class where there is Granted a power to the Slates, to bo exercised under the dirtc lion, suptrtiiicn, or control of Congress. There are several such grants of power in tho Constitution, in various forms of expression. It has been correctly decided by tlio Supreme Court that a Slate cannot obtain legislative power from Congress. (9 Wbeat on, 207.) Hut, in relation to this class of cases, the State dettvea ils power from the Constitution, but the authority of Congress is paramount, and, so far as it Kwa, i3iiiiiohui,u, hiiu, iii mo exerciso oi inis pow er, Congress hat often and early, both impliedly and directly nnd explicitly, required legislative action by Ihe State Legislatures, and without which the aclion of Congress would have been incomplete and inope rative in its pwrposo. All Dower exercised bvn State Leirislslnrn !-.. .l. S late , as a sovereign State, ia exdr.ivcly' r!erved from the State Constitution. it it tomes from any other quarter, it is tio -. ,;... B'iv.n h ,h, s,,. '1 m ttseierci" ;lle SMn Legislature is not the agent of ,no 'late.hut tho ngent of those who granted the pswer. in mo exercise ot an powers granted to a Legislature, in a Stale Constitution, it is sovereign, nnd cannot be guided, controlled, checked, or directed by Congress, unless some limitation nrisca from the United States Constitution. So, too, the powers grunted by the United Slates Constitution lo Congress, where nothing is said or -1 I.. : .1 -I . .-.- T V I cieariy iinpiieu. nuoui oinio Legislature?, is 10 uc ex ercised bv Congress t nnd State Legislatures cannot direct Congress in such action, nor can Congress make me state Legislatures uicir agent, rimer in whole or in nnrl. lo net form such service. Hence, it has been holdsn that a State cannot derive power of legislation irom congress, nonce, congress cannot makcagents of Slate officers.or create any duty which they would be forced to discharge, as they are not amenable lo congress. Rut when a power is, by Ihe Constitution of the United States, conferred on a .Viale Legislatute, sub ject to the action of Congress, there the State Legis lature does not act as the agent and Legislature of its Stale, deriving from and exercising its power for the Siale under their Constitution, but as the agent of the United States : and. bv the very terms e,f the ctant. it becomes subject to the supervision and control of congress, and tu which control it should cheerfully sunmit. N'ow. look through all the State Constitutions in the Union, nnd Irom which solely the Legislatures derive their sovereign power, and you will look in vnin lor any power to mauo nny law rcgu'attng the ap pointing Representatives to Congress, any more than to appoint foreign ministers. Such a power, (hen, they do not possess ns the Legislature of a sovcreien State. It is not datived from the State, but from the united states constitution, and by that to be exer cised, under the direction and control nf Congress. Let us now enquire what has been the action of the respective Governments in relation to this class of ca ses. In the enumeration of the powers ol Congress, k. er...:i..ii.. ...... .1... ri...n... .u.n i J: : mc uiiiiiiiii'jii o-i j inn, iuii,;i ca sunn 11.1 n jiuwur "to provide for orgnhiz ng, arming, and disciplining Ihe militia, and governing such part of them as mav be employed in the servico of the United States, re s:rvinglo the States, respectively, tho appointment ol the officers, and the nuthoiity of training the militia according to tin discipline prescribed by Congress." The miliiia could not be trained and officered unless organized and nrmed, and therefore tho whole provi sion, taken together, is, in substance, that the militia is under the control of the State, subject to the para mount direction of Congress, except ns lo ils govern ment, then only when in United States service. In re lation to nrminj the militia, Congress in 1S03 passed an act entitled "An net mailing provision for aiming and equipping the whole body of the militia eif the United States." The first section of that act provides "that the annua sum of two hundred thousand dol lars be, and hereby is, appropiiated for the purpose of providing arms and military equipments for the whole body of (he miliiia of the United Stales, either by pur chase or manufacture, by and on account of the Uni ted Slates." Thus far no provision existril by which a single musl.ee would ever reach Ihe militia; and did Congress, bv law, provido any method bv which this could be done without the aid of Stato legislation, nr nnv lavvof their own which, in itielf. would effect it ? They might so have done by ap liming agents for, and directed a mode of distribution ; but they proceeded ouicrwiic. ny uie iniru sreiiun ui ni.ii ci u is piu- vided "that all the nrms procured in virtue ol this net shall be transmitted, to tlio several Slates composing this Union and the Territories thereof, lo each State and Territory, respectively, in proportion to the num ber of the effective militia in each Stateand Territory, and6veoen Sliteaud Territory to be distributed to Ihcmililia, under suck rules and regulations as thall tie by law prescribed ny Tun I.cgi-i.atche or each State and TEnntroav. Here, then, was a most clear, explicit, and direct expression of the will of Con gress, mandatory on the Slates, to perfect, and by legislation to carry out the purpose ot uongress, tn relation to a subject which tho Constitution had en trusted to the two. Was this treated ns a u-urnatioir. nnd the last section roid, nnd the whole but an abor- tioul ISo, sir, the State had all, with great propriety, submitted nnd performed their duty, and till proceeded in harmony. Under this same clause of the Constitution, as to the militia, on the subject ol organitation, Congress took early action. In 1 70 J Congress passed nn act entitled " An act more cfllctually lo provide for the national elelcnee, uy cstabiisiiing a unitorm militia throughout the United Slates." Now, sir, did they proceed to lay offihe United States into divisions, brig ades, regiments, nnd companies, or describe any ter ritory lo compose their beats I uid they make a taw which, by its own force, without iho action of Stale Legislatures, would produce an organization, as they iiiiubt have donel No, eir, they pursued nn entirely different cours" nnd that, loo, by a Congress in full possession of nil tlio limitations ot their newly crea'cd powers. In the fust two sections of that net thev de fine what ci'lzen shall compose the militia and who shall be the exempt, how the militia shall be armed and enrolled. In thn third section it is enacted and eowimanuM "that, within one year nficr the passing of this act, the militia of the respective Slates shall be arranged into divisions, brigades, regiments, and mp0llie, .STIIELEOISIATUBE OF KACIISTATCSllAll. direct! anrf eacA. (firhian, origanf, ana rrerimenr , shall be numbered at the formation thereof," nnd it. An m!ii. .l.iiin ...li.il ilirnnlif.no Tn l.n I al ! I, ..,,.., r.'.'ll...,, Iln.u'n.n , l.n P.. nli.l, I ,,,, laturcto follow. How can thenuglish language frnmo a more clear and definilivo expression of mandatory language from one body to nnother, to proceed to perfect and carry out its will j and that, too, by legis lation, without which the object wou'tl utterly fail And haw was this treitcd in those virtuous and palmy days of our Republic? Did the Slate, or any one of them, fly in theface of Congress and contemn their direction, and treat ihir law as a usurpation or an abortion ? Did they talk nbout their sovereign rights. and tell Congress to perform their own drudgery 1 No, sir, no. They bolter understood Ihe respective riehts of all, and possessed at the same time the virtue r.fuhedirncc to duties. "o madness nf parly had then been engendered, which would have given coun tenance lo insubordination to nny thing, merely be cause that party disliked it. No, sir, all the Slate Legislature proceeded in hirmonv. 1 oil attention now lo nnother one of that class of cases where a power is granted to the Slate Legisla ture by the Unit :d StntrsCnns'itntion, subject to Con gressional control. Tho Constitution provides that each State shall appoint electors nf Pres dentand Vice "resident, "in such manner as tne l.rgt.lalure shall direct," but a to the lime of choosing the e lectors and time nf their voting, ihe Legislature nre subject to the direction of Congress, n the Constitution provides that "tho Congress meiy determine ihe Mine of choos ing tbe electors, nnd tne day on which they shall give their vole, which dav shall be iho same throughout Ihe United St iles." Now, according to the argument of the majority ofihe committee, Congress, having power over the time of electing tho electors, nnd the time of their vol'in? must, if iliey exerrise such power on either of those times, mako tin entile exercise, and fW such of said respective times, on which they net witli certainly, ami not leave nny tiling lor I lie nenon of tbe State Legislature to do on that point. How did Congress net? Iu 1792 thev passed an not enti tled "An net relative tn the election of President and Vice President of iheUnited Stales, and declaring Ihe offieeT who shall net ns President, in rasonf vacancy in both the nfiicrs of President nnd Vice President." In the first siviion of that ncl it is provided that "elec tors shall be appointed in each Statu for the election if President nnd Vice President of tho Uni'ed Stales leithin thirty-four days prereeding the fust Wednes day in December," ipc. Now, could any citizen in tlio United State tell, bythisact what day be was t vote for edectora? Did it enntnin, by its own force, power to act on llm ciluetis 7 Most clearly not. It was, therefore, nothing moro or les than n direction in the Stale Legislatures, to piocced nnd legislate to ns to ihe dav ofchnnsiuz electors, nnd limited to them the time beyond which they should not go. Wns this ever considered ns unauthorized, inoperative, or void? No, sir, every State iu the Union has proceeded by its direction, and legislated accordingly. Manv, very miny, other causes could be brought forward, where Connress have expressly or impliedly given direction to the Slatesns to the manner in which ihev were to exercise those powers winch lliny hold, under the Constitution, subject lo congressional con trol: and in nil such cases the Slati s have regarded such direction, and legislated urcorilingly. Il is a power which has been long exercised in this manner, ana never uispuiru imni uin pri'tcne uccomiiii. Mv habiianf life have forribl vied me In value a Oov ernment of law, and the virtue nf subordination and obedience, an well ss ibe value of lights. Riehts can have no exiitence but by obtditnee to dutie. I have, in in minima manner, so iong mmis'tied at the alter of Ihe law, that I rnnnot but still hope tottett pic se'Vfd from desrerslinn, nnd erperially in this Hill I riatioi Ui ye I bop tin Heute will net glut c mi tenance or encouragement to the telrit of iniubordi nation, but will require submission to the laws as the oiny funumuii oa which cuiicr oiaica ur inumuuais van be entitled to claim their rights. Ilv the time Mr C. had conehidei . the House had dwindled down to an aggregate of something short of sixty memticrs, many ot inoacwim nail voted against adjournment mving, within Jiliccn minutes thereaf ter, left tho hall thus reducing Iho Houso many de grees below the-constitutional enpaeitv for action. When, finally, on motion of Mr I1ICAR0SLV, who nau outaineu tne noor tor a speecu Thu House (whose shadow was every minute be. coining less) adjourned until to-morrow at 12 o'clock nton WASHINGTON. Washington, Tuesday, Fb. 13, In Senate, to-day, after the presentation of several memorials (among which was one by Mr Denton, from the Shawnee tribe of Indians for the payment of their annuity,) and the re ception of several reports on private cases. The House bill to refund Gen. Jacieson'a fine fwith the amendment reported by tho Senate Committee, providing against the implication of censure upon Judge Man; was taken upon mo tion of Mr Allen. Mr Berrien (Chairman of tito Judicial Com mittee) said tho Committee had de-signed to pro VJ ,? 'or - protection from unjust imputation, T tne memory of a Judge of fearless and stern integrity, who as it appeared from a full examin ation of the case had but discharged his duty with imcitty, and who hail left no representative to guard his fame ; and had consequently re ported this ainntidment, which was necessary, as the bill from the House showed on its face
that it was based on the ground of the fine hav. ing been wrongfully imposed. Mr Allen opposed the amendment as wholly incongruous, and vehemently urged the imme diate passage of the House bill. Mr Walker saw no necessity for the amend ment, the original bill nnt railing in question the character of Judge Hall, simply refunding the fine with interest. Mr Foster saw no design or tendency in this bill subversive of tho principles of American Liberty, and hoped without farther delay and expense it would bo passed without the amend ment. After some farther remarks, the amendment was rejected: Yeas 18, Nays 20 as follows : Vas Messrs. Archer, Bayard, Berrian, Choale, Clayton. Dayton, Kvans, lluger, Huntington, Mer rick, Miller, Morehcad, Pearce, Phelps, Porter, Sim mons, Upham, Woodbridge, IS. Navs Messrs. Allen, Achison, Atherton, llagby, Harrow, Denton, llrecse, Buchanan, Colquit, Fairfield, Foster, Francis, Fulton, Hannecan. Haywood. Hen derson, Jarncgin, King, Mangem, Semple, Sturgeon, Talhnadge, Tappan, Walker, Woodbury and Wright, Mr Miller declared he should vote nrrainst the hill, although in disregard of the instructions of the Legislature of N. Jersey. He had hereto fore voted in this manner, and not having alter ed his opinion, if he were to change his vote he should lose his self-respect without gaining the approbation of any enlightened and honest man, &c. The bill was laid over. In the House the question of privilege was farther discussed (luring the day and until ad journment at eight or nine o'clock I. M. bv .Messrs. Haralson, llowliii and Stiles, fall ainonrr the members concurred) in favor of, and bv Messrs. G. Davis and Schenck in opposition to the claims of the members from Ga., Mo., Mi., and N. II. to seats in the House, and by several other gentlemen. Washington, Wednesday, Feb. M. The proceedings in either House to-day have been marked with importance and interest; in the Senate, the bill to refund Gen. Jackson's fine having finally passed, and needing now but the President's signature to become a law ; and in the House, tho question of privilege termina ted, and the validity of cLiiins tn teats of the members elected by general ticket declared, al though in direct defiance of tho solemn law of Congress passed In complienco with tho forms, and authorized not only by tho spirit but by the very letter of tho Constitution. How sad to be obliged to admit the requirements of that instru ment practically of so little binding force when brought in conflict with the passions or suppos ed interests of party ! What an example thus set upon this h'gh platform before tho nation and by tho hw.makers themselves, of contempt and nulification of the law of the laud ! In the I Iuiis c, Mr Douglass nf 111 (the author of the majority report) occupied his hour in de fence of its eloclrinep, and iu reply te various counter arguments, descending into at least un becoming personalities toward .Mr Barnard and other gpnllenicn. Mr Weller successful among about fifty com petttitnra for the floor, as was determined in Caucus ho should be,) moved the previous ques tion ; which was f-oceinded, and the main ejues tiun ordered ; Yeas 129, Nays Gl. Tho iiiiijonty now, however, in the plenitude of their power declined boldly tn meet the ques tion and declare the district law "not a law" and not "valiel" or "binding upon the States :" but Ret aside the reported resolution (declaring this) and adopted by Yeas 127, Nays 57 the substitute of Mr Dromgoolc coolly and summa rily disposing "f tho matter a mere affirmation that the members from N. II., Mo., and Ga. elected by general ticket and that those from the!22 remaining States have been duly elect ed and are entitled to their scats." Great confusion and excitement prevailed. On the branch of tho proposition with reference to the members from the i!3 States, Mr Schenck asked to be excused troni voting as being trree:' . ..,,,, If , J,W, ' , v r against the rule to affirm by resolution the rights f f I tnnlc llf Miami IK 10 II Il liril ttlOrn -IB tin. nun.. .1. .. I I M.A.I... J. -II.. tion concerning them. Mr Adams made a like request on tho ground that he did not know the fact that all the members were "duly elected." Nor did the committee ; fur they had not exam ined the credentials of all ; they had returned his unopened. Moreover there had several members taken their seats since the report of the Committee ; and others were to take their 6eat6 whoso elections might be contested. Was not this an unprecedented prrjudgmmlQl the case, which had been so loudly decried in caso of the protest .' Mr J. Campbell objected to voting up on the same ground, "one ot theso requests not beit.g passed! were erantcd. Mr Vinton showed from therulonn express prohibition of the right to vole ol the members from those States, immediately interested as they were ; and retusod to vole. This branch of tho propo. sitton was carried (the Whigs mostly declining to ;) Yeas 123 Nays a. The question then came up on the case of the L'cneral ticket members, they being prohibited by the Speaker's decision from voting iu their own cases, who were voted on individually and all of whom from N. II. and a portion from Ga. some seven or eight, by as many sets of Yeas and Naye, consuming abnut two hours, were ueciareu 'uuiy elected, eic. the votes standing, Yeas 123. Nays 03 ; 120 to CO: 117 to G3. etc gradually decreasing as the members dropped otTonc by one to dinner. Leaving about hall of the General Ticket members still to ho voted on, the House adjourn cu at near six o ciock. In oenatc Alter some other unimportant busiuets, thu bill to refund Gen. Jackrou's fine was again taken up. rue ui 1 1 isimpiy rciuuutn? the line with in tcrcM was pasted: Yeas !iO Nays 10, as fol lows : Yeas Messrs. Allen, Atchison, Atherton, flagby. narrow, iicnton, nrecse, uuciiniian uoiquii, r aitlic .1 Foster. Francis. Fulton, Ilannigan, ilnvwo.id. Hem derson, Uugcr, Jarnagin, King, McDuflie, Mangutn, Hives, Semple, Sevier, Sturgeon, Tallmadgo, Tappan, Wulkcr, Woojburyond Wrighl-30. Nays Messrs. Atcher, Hates, Ihyard, Derrien Choate, Clayton, Uavlon, Kvans. Iluntiimlnn. Meri rick, Miller, l'earce, I'helps, Sorter, Simmons and ituouuriugc iu. Bj"i'he Ettvsti'ELAS (says tho Vermont Pat not,) is raging to a powerful extent in I rov Vt., particularly in the North village. At one time during tho last week, there were over 40 cases within half a mile, and nnt well ones enough tu take propor care of the sick. All business is at a stand. There were also eumtt half dozen cases of Small Pox in North Troy the lirsl ot last wecK. war. JTlInn. Amos Amiott, nf Mass. temk the oath ami i,i rent, in lb Ilnute nf laprsrenlaineion hiirfflay. A Mr. it toAtr Ingenuity rewarded abroad. 7te largest order ever made. Wo noticed some months ago tho completion of n largo and very powerful Locomotive Steam Ungine, construc ted by our Ingeniosu townsman, Mr. Itoss Winans, under an order of thu Russian Minis, tor, to bo usod on the great Rail llnad now con structing in Russia, between the cities of St. Petersburg and Moscow. This engine was la ken to Russia by Mr. Thomas Winanp, son of tho manufacturer, and after various trial cxhi- bilious, iu competition with nuincruus Locotno lives from England, tho superiority of Mr. Win an's engine over all others was duly acKnowl. edged. This gratifying result, wo are pleased in being able to state, enabled Mr. Thomas Winans, in connection with Mr. Joseph Harri on, of the firm of Eastwick A'. Harrison, nf Pblla. delphia, to secure tho contract for furnishing ijuconiuiivcs anu Durtncii cars tor the use ol the road. 7'his contract is tho larrrest of tho kind ever made in the world, and wa Knriimil bv these gentlemen in competition with 6omo of ine largest anu most influential manmacttirers in Great Britain. The number of Locomotives to be built is one hundred and sixty-two, with tenders for each ; and the number of burthen cars is five thousand three hundred, together with duplicates (,'fsuch parts of tho machinery as may require tn be renewed. Thirty locomotives and one hundred burthen cars are to he furnished by the end of tho year 1845 ; forty locomotives andono hundred "burthen cars in 1810 j forty Inenmotives and fifteen hundred burthen cars in 1847; and the balance, 42 locomotives and 3.- 000 burthen cars, in 1818. l'ho whole enst of tho machinery hero contracted for will be more than four millions of dollars ! A pretty correct idea may be formed of the extent of this con- tract when wo stato that tho whole number of locomotives ovvneel by the Diltimorc and Ohio Rail Road is thirlu thrccxtu tho number of bur- then cars, nf four and eight wheel?, between seren andcitfht hundred. The rail road between St. Fctprsbttrrh and Moscow will bo about four hundred miles in length, and will bo a perpetual monument of the enterprise and munificence of tho Einpertrr Nicholas. The road is now in the course of construction tinder the superintendence of our countryman Major George W. Whistler; and although the biupcrnr does not hesitate to avail himself of the talents and services of our coun trymen, the contract for the machinery to be furnished by Messrs. Winans it Harrison ex pressly stipulates that tho whole is to bo inanu factured in Russia, for which nurpose tho most extensive facilities are afforded them, the work shops being granted to them free of rent, the pay of the workmen lo bo no higher than that which they have been in the habit of receivinrr. and a judicious system of police established under tlie direction ot the covcrninont for the safely and preservation of tho works. This strong evi dence of tho appreciation of the talents of our countrymen, and especially of our young towns man, cannot fail to aflbid tho highest gratifica tion. Perhaps it mav not bo amiss, in connexion with this matter, to state that the Emperor of Russia last year ordered from Mr. Ross Winans three powerful steam pile drivin" machines. which are used in the construction of Darts of the great I'elersburgh and Moscow Rail lload. where the country is marshy. Those were found to answer so well that Mr. W. is now constructing a fourth one for the same road. Wo also learn that the Russian Minister is now, and has been for tome time nast. under the orders of the Emperor, purchasing for Russia various agricultural implements of approved construction, besides other machinery that may prove serviceable in the Russian Empire lial- timnrc Amcr. PRIDAV MORNING, FEB. 23,1311. l'Hlsl'AKATION FOfl THE BALTI MORE CONVENTION. uditininro having lieen agreeil upon as io point for assembling the Whig host of 1844, thn good people of llint State lie thought themselves of the propriety of hav ing it ;i clean whig ground. Accordingly, at the! eilncflnn fur Mnmlinra nf nMliirrns. 1 which came ofT on iho 14th, they have lit c I ,, . . , . , crnlly wiped out locofucoisin, even to the nst ori'ne sunt Cilv Pininti-v -mi! nil .isi grease spot. ivit, uouiiti , anu all. Districts which formerly gavo 1800 llgnilist uve now given handsome) majorities in our f.ivnr. T in Rtntn nnev f.i ii K- r , nf every root and snag of locofocoism, nnd tlie whig columns in May next, may wine offi nd display from otlu extremity of il to thu - w i other. But the great beauty of this triumph, is involved in thu principle upon which it was won in reference to which the American Whig holds this language : " Wo inscribed the principles and measures of tho Whig party upon our banners, placed them upon the outer wall, nnd under their proud folds went into tho battle, flouting de fiance to the foe and, with Ilcnotc Pcntir, wo can exclaim "wc have met the enemy and they arc ours !" Every measure con nected with tho Whig faith were not only openly uvowed bul fairly canvassed before the patriotic people of Maryland and of Bal timore and wo hail tho results of tho day's strugcle, in all parts of our state, as tho ver dict of enlightened freemen, pronounced, in tlie calm language of "sober second thought," tn behalf oj Wing measures, W hig princi- pies, anil that matchless champion of the people's rights, Harry of the west." Thus auspiciously dnis the campaign of Ml dawn upon ns; and thus gluriottsly aro .brethren foremost in tho we Erected by our lit. The Whig Central Committee oflhc State of .Maryland to tne Willi; ot tne uitttctl Mutes. Fellow Citizens : The Slate nf Maryland hns opened the political campaign of 1SU by n victory so I signal, so conclusive, na iu wiieraiiv me oiiiic v-eiiirni Committee in making it the subject of u special ad dress lo their Whig brethren throughout the Union. Tho Election by Distiicts for six members to repre sent tlio stale in the lower House oi ejongrcs3 tools plica on Wednesday, tho llth instant, nnd vve have now positive intelligence of tho choice of the nomina ted irn'g candidate in every District. Maryland thu presents .in undivided front. Her representation in tho Senate is entirely Whig. At Iho election in Uelnhcr Mifl cnosoa large majority ot Whig member nf the House of Delegate's. .Ml these lesulls nre denned by tho undersigned, and, they may add, are conceded by their pohtrnl opponents, lo be conclusive) as to what Iho vole of thu Statu will bo at the Presi dential Kleclion in November next. All of the gentlemen e lected aro the decided friends ol Mr. Cm, They nil prefer him before nil living men ns the next President of Ihe Ue'piihhe. 1 hey are all the open advocates of tho I'ruieclinn of American Industry by (lie e nactmenl of laws designed for that purpose and sufficient fur it. and the people nf Mary land choose ibcm, knowing their bold nnd frank avowal of such scntinit'iiis. The principles of the Whigpirty nud its great leader were in Ihe view of every voter ns he deposited his ballot, nud the issue is tho calm, solemn, nnd, we trust, irreversible adjudi cation of the points in dispute between the twn parties by a vast majority of the Freemen of tho State. Wines or the other States or the Union! Il is with proud exultation that vve apprize you of inesc auspicious results, iiui u is noi onty lor the purpose of invoking your congratulations that vve ad dress you. Wo desire to point to you tho example wn hnen rtPl. nnd. with tlio nflt'clinnalp f-nrnpslnpss which our political brotherhood warrants, to oi.k vou . . rii :. i..r... .1 . r .u .. l:-i. VI 1UIIUW It. linniciuriiuimiii tiiu ycai eipuu miieil j we have just entered, the most inomrntous political! nuestinns that have ever encased the attention of Ihe ! American people must be nnally settled. lneileMi uyoi ino vvntg pariy nuu, wnai we consiuer mo tamo thins-the destinv of our Republic-am involv-, "ln nscunaatii tins aiternonn, iiioug.i fc:i.ii rd in the l.lections of lfl,i Maryland has felt in tnis am has (imn strone letlirs and Webster to conti nl the responsibility of the position she occupied, , c T and had both tho lautelf of victory fre-h upon brr hark him. JUNIUS, Ja, brow and tho broad and bright flag of HtNny Clay waving in triumph throughout her borders. Tlio undersigned nvnil themselves uf this occasion io rcnuw on tieuaii ot tiiuir ltig brethren ot tialli- moro Iho tender of the hnsiltnliliesnf thn Cilv mail who may desiro to attend tho great Convention to bo held in Ibis City in Jluy next. No matter how nu - inirous may bo tho nticuJance, (hero will bo room enough in tlio liearl and homes of tho victorious wtiiiisor llalltmorofor nil. JAM HS HAIiWOOR JOHN P. KHNNKDY. O. C. TIITANY, OHO, R. RICIIAKDSON, 11..1V. i5i-uiivi.usi,. w, il, H. 1 ' HKI.Li, JAMFS O. LAW, A. V. HUADFOIID, JAMKS I.. HIIK1KI.Y, RROlKiK SI. C1ILL, THOMAS KIXSO, W.M. HCVNOLDA CIIAIILKS 11. PITTS. A salute of 100 guns was fired on Mon day j nnd a committee) of 22 appointed lo escort tho Whig members to Wushlngton. 'THE SAME OLD COON! - "..-.sl. GLOHIOUS NEWS FKOM MAItYI-AND. WHIG TRIUMPH. Tho Whigs havo made a clean sweep of it, at the lato Congressional election in this Slate having certainly elected Jive of the six members, and probably the entire dele gation. They havo achieved a triumph for which they will Jiavo the thanks of their liiethrcti throughout tlie country. In the Isl Congressional District, John M. S. Cuttsin is elected hy over COO majority j in tho 2d, Francis Brenglo by 352 majority ; in the 3d, John Wolhered hy nhout 400 ; in tlie 4th, (Baltimoro city district) John P.Ken nedy, by 595 j and in ilia Gih, Thomas A. Spenco without opposition. These are all whigs. The result in the 5tli district is as yet doubtful, but it is not as yet improbable that Jacob A. Preston, tho whig candidate, is elected, Tlio following is from tho Baltimoio American of Friday : Tho nccounls from tho various sections of the State, ns far ns thev have come in. arc eheerinirin the. highest degree. They leave no doubt whatever of tho election of the Whig candidates for Congress in the First, Second, Thiril7 Fourth, and sixth Distiicts, viz: Messrs. Causin, lirengle, Welhered, Kennedy, and Spenco. In the Fifth District, it will be seen by the complex ion of the returns, tho result is somewhat doubtful, although from pi esent appearances the chances are favorable lo tlio success of Dr. Preston, llm Win can- didate. In tho Third District, which has heretofore overwhelming I.ocofoco majorities, the extraordinary result ts exhibited if the suece-sof tbe SVhitr e-nnrli. dale by o maturity ofaboutoOO.' a change since 131 1 ol some .JUU votes ! ! : In every District tho Whigs went into the contest under the bioad banner of CLAY AND THE TA Illl'F and most signal h.is been the victory achieved under ils ample folds. A friend m Washington coun ty, who kindly transmitted us the reiurns, writes: "The battle wa nnt fought for Francis Brenglo against John T. .Mason ; but for n Protective Tariff against Free Trade-. Under those banners were the panic-severally arrayed under those banners was the battle foutht nnd under the broad banner of "Protection to American Industry" was ihe victory won! Free Trade has received its quietus in Wash ini.ton (uinty heteaftrr iiulentitv with it will be the political death ofany puhlie man.'1 Wc can a-Bure our Whig friend in other sections of the I mm, that they have iu ihe-eo tnimphant re sult an earnest i,f the succcs. which will be achieved in Maryland in the coming great contest fur the Presidency. Of this result the Baltimore Patriot well re ninths : " This is the fir-t blow struck for Clay in the great campaign ef 13 1 1, .and, wo submit it lo Ihe Whig of thu Union, whether it i not worthy of the city which i to be hnnoied wnh the eren' Young Men's Con vention of Mny Thueiiihiisiism among the Whins Ot this CltV. whi n tho eloriOII. result wnammtnkniu-n ! exceeded anything vve ever si.v even 1910! The Ibirriiiin (ivi'ilniiiniil U. i.ih.i.. J ..... ......... v .3 KIUIIIIU, 1,1111 HI H S Oil itr added tbecnthusnsin fir Clay. The important ron- .. .'. " "f " "' '"'"more, Willi ine mosl drci- w))12 MCI achieved in ibis riiv. w.. know wlinln thrill of juy tliis important announce- i' i-i-i.'i iiiiuiiii 1 1 ci y imii ui.iri in ine coun try, ns llm glsil tidings spivads fiom one end of the . union io tne oinrr. riieillllnenso thror," that was natlu'reil nrnnnrlnnr office last nuht, whose shouts of gladness went up to thu sky like "the earthquake voice of victory," but manifested nnd cxpressul the deep, the boundless emotions of p'easiire which every Whig in the Union will feel, when the news shall reach him, of the over whelming victory which his brethren in Baltimore havo won." THE RULE. Tho Washington Correspondent of the Boston Courier says that tho Senate has agrcd upon the rule tn bo applied lo Tyler's nominations. Il is this : "Whig Senators inform me, in regard tn confir mations of Democrats appointed tn place of ejected Wings, ihcy have decided, unanimously, upon one courso of action. Wherever a Whig has been remov ed to make placo for a l)emocrat, without good and sufficient cbarse of ofliciil malversation, or gross in competency, tbe new appointee will be assuredly de capitated. This is to bo the invariable rule. Hut where n Democrat has been appointed to fill a vacan cy, legitimately occurring, the nominee will be con firmed ii'i objection to character or competency ap pearing. Those now in office, inducted under ihe lale Dcniociatic movement, may read their fate; the decree has passed, irrevocable as Jove'?." It is reported, nnd generally believed, that the Senate Committee have already re- ported against Winsluw's confirmation. Alas, poor Ytirick C A B I N ET A PPOI NT.M ENTS. On Friday last Hun. William Wilkins, ' " f Pinn.ylvani... was nominated by the I'rcsitlent as secrcliiry ol war, anu Hon. Thomas W. Cii.mur, of Virginia, ns Sec retary of ihe Navy, and theso nominations wero both confirmed by tlio Senate, by an unanimous vote. The correspondent of the N. Y. Tribune, writing on Wednesday, says thai it is rumored that Mr. Wheaton, our Minister at Berlin, is to uo nominated as Judge, and this is confirmed by subsequent advices ; ho adds that Mr. Upshur, (Secre tary of State,) will bu nominated for Berlin, prcferiing that Court to lltut of Versailles, because he is " too poor" for tho latter. Tho Tribune's correspondent gives the fol lowing as iho current on dits of ihn day : Mr. Wheatov, (recalled ft oni Ucrbn,) Judge of Su preme Court. Mr. I'l-siicR, (now Secretary of State,) Minister for lleilin. Mr. Van -Ness, or Shannon, of Ohio, Miniittr to Mexico, Oov Giimeb, of Va., Secretary of Slate. Mr. SAU.sDEr.6, of N'. C, Secreiarv of Navy. -Mr. Wilkins, of l'.i., Secretary oi vv ar. Mr. SrENCEti, or Mi. Tazewell, Minister Fiance. Mr. Upsnim could and would go to Francu but ho says ho is ton poor, and therefore I wishes Vienna or Berlin ; he wishes to stay hero till ho has settled thu Oregon Question, but the 'resident is talking of calling on old I , . Black Dan," to take that mailer in hand, and fix it. Tho chanco for tho Judgeship - varies ovory hour. WaIiWoiitii's slat is iu ' ., j . .- .i u t.- .. THE DISTRICTING LAW. Wu have tho pltiitsui o of inviting tho read- ,,,,,,..,,. o i ,-si rv ur s ",t,;l ll1011 "l a fC.'f:cllc-5 ofMessrJ. Dlt.- MNOHAM ami CoM.AMKIl of our StlllD, oil this 1 , . .. . ) ou.iji.i.1. mi. mis uuuuiicss presented ti.o subject in its best nspurt, fur Ills side of tho fi'tosiioii ; und .Mr. Coll.inier's argument wag referred to repeatedly upon t tin floor of tho House, as covering the whole ground, and being absolutely unanswerable. It was in fact regarded as the " crack speech " on that subject. Bui read both, and decide foryour self. Van Bunn.v. Mr. Van Btircn has written a letter in reply lo that addressed to him by a Mass meeting fit Harrisbureh, nominating him for tho Presidency. . Ho speaks in terms of approval of tho wilhdrnwril of Mr Buchan an, hut wo find nothing wilh regard to the principles which divide tho leading parties, that will interest our readers. Ho thinks tho American people wero intoxicated in 1840. and that tho only way they can domonstrato their returning sinily, is, to voting for him m '44. Well, wo shall sec. JctLousv. O'llalloran and Dr. Cobb aro both literary men j nnd wo ate sorry lo observe that ihu former is disposed to tnako war upon Ins compeer, by insinuating that he is not the author of his own poems. But the Doctor is not the man lo submit to im putations of this kind, ns thu Democrat will find, before it gels thtinigh n hit linn. LYCEUM. Professor Benedict closed his cottse of Chemical Lectures before the Lceum, on Wednesday evening, andwc vtniure to say that no individual begrudges tin money ho paid for his ticket. Tlinaudierce has been uniformly largo ; and tho marled attention with which iho Lectures havo lecn listened to, is alike indicative of a wlnlcsotne stato of things in the community, and complimen tary to Professor Bc.ncdirt. Pa the closo of tho series, n vote of thanks was unani. mottsly awarded to Prof. B. and orlered for publication, but we havo not been furnished with a copy in time fur to-day's paper. STEAM BOAT MEETING. At a meeting of the stockholders of tlio New York and Clianiplain Steam Boat Compmy, in Burlington, on the 21st inst., the following resolution was adopted: liesolted. That it is the sense of ibis meeting ihit ihe directors of iho New York and Champlain Steamboat Company be and nre hereby requested le mtcl wnh Ihe slnbkholders of said company on the I3lb day of .March, 1S11 nt Howard's Hotel in Bur lington, to advise with the stockholders relative to filling up the board of Directors. KFFl.CTS OF Till: TARIFF. " The result is. lhn. that anrieultural nroduce gen erally has decreased m price, and that manufactured fabrics generally have increased in price. Had the rise or fall in price nfleeted I oth. species tf labor, we miaul tiavcaitribiite.l it to some other cause than our I'reihibitnrv Tariff. Hut, ns ilia rise is confined to lh protected articles, and the fill to the unprotected ag ricultural produce, no other cause has been pioduc live nf this result. And we hesitate not In prediet that if the Tariff is not repealed the rise on the one band will eniilinue tn increase, nnd our agricultural produie will still farther diminish in price, until we aie en'irelv excluded bum the Foreign market, when prices will denen.l upon the will of our manufacturers." lehtin of inlerdav, ttT" If naki'd assertion is to decids th TarifT controversy, tin nny ns well give it up. The Plebeian asserts that unprotected Agricultural produce generally has decreas ed in piico since the present Tariff was im posed, uhilu Matiuf.iciurnd fubrics have in creased. To this bold assertion we oppose) tho notiirioti3 farts that Cotton nnd Wool Invo largely advanced in price since the New Tariff began to affect them that Potk in tho West brought the Farmers much boiler return last Fall than the year before that Potatoes are now so high here as to justify importation though the duty is specific and at least 33 per cent. that Grain is now tending upward in spite of a largo Inrvcst last year and that there hat been no increase in the price of Manufaeturtt under the Xcw Tariff except where the raw material had advanced before it, while ma ny articles tiru lower now than ever before. lMore, Mr. Plebeian : whilo no urtido of Domestic Manufacture has advanced in price) except ns aforesaid, those Manufacture! which wo buy entirely or mainly from abroad have grown dearer Cutlery, for instance. by about fifhj per cent. This advance would doubtless havo extended to Screws, Pins, and Manufactures of Iron generally but for the American competition which pre vents it. What can you say to that I Tri bune. Price of Wool In the Xcw-York Market. AMratcsN. Full blond Saxony Mined Mrrinoand .-'.ix'y. ; I i f .'I ' 'o.i.l Mi- o.... J blood d, Native lo J blood do Pulled Wool, super Nu. 1 No. Western tu' .unshed Average over 50 per cent. Jan. 1S43. jn. 1S44. ...33 a 35c. 45 a 47i ..."J n 3.' 33 a 40 3G a 3? 30 a 32 30 n 32 ...23 a 30 ...21 a 26 ...il n 34 ...22 a 21 ...13 a 20 ....3 a 10 ...CO a 22 36 a 33 31 a 33 IS a 20 ;0 a 31 35ie, Jan. IS 14. 13 a 20 11 a 13 6a 7 9 a 11 15 a 16 12 a 14 10 a 11 a 14 12 a 14 8 a 10 13 a 16 advance o ?3c. FonEiriN. Jjn. 16 13. Picked and washed 11. Ayres 12 a 14 Washed in the burr do 7 n 9 Unwashed, buiry do 3ja 5 Mestizo, unwashed 5 a 7 F.ntrc Ilios, washed 9; Cordova Pa ) ' Washed in the burr do v alparazo Smyrna Ma7agon Magadore Mexican Average (nl out 50 per cent, ajvauci) . S a 0 .9 a 10 4 a G 10 a 11 .Sic 12Jc K?5' Tho abovo table has been carefully prepared for us by a heavy dealer in Wool, and may bo relied on. Wo publish it for tho benefit of Farmers who may have Wool I to sell this season. And now, reader! I judge of thti truth of the Loco-Foco asser tion tli.it Agricultural products havo all dt clincd und Manufactures advanced under tho New Tariff. Judge, also, whether it ought to bo expected that Woolen Cloths should bo so low now ns they wero one yer ago. Tribune, rvVotn ri 4V LLCi.V C I O Mil. LL.W. ! Tho Lottisvilln Journal says that " the- late Judge I'ortcr, of Louisiana, who nuni- , fested through life tho most unwavering and iMilliitsiaslic attachment to Mr. Clay, left at his death a considerable portion of liii larg property to his distinguished friend." The Legacy tinioii'iis to aboul SCrO,()00.