Niles' Weekly Register

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[termined to what country a person owes allegiance and of which he may claim protection. The pre. sent state of the world is favorable to a consideration of this matter, and statesmen ought now to take it up.

AMERICAN INGENUITY. We recently noticed, see 3 last vol. page 427, that the British had repaired the Kent, a ship of 74 guns, by hauling her upon stocks 54 by machinery, but that "the expense had been so 5 great (so said a London paper) that the experiment would hardly be repeated."

$59 By a reference to the 13th vol. of the REGISTER, if desired bound, add 75 cents per vol. for the 18 page 29, it will be seen that when this ship was volumes published, and for binding the general in-hauled up, we published a copy of a letter from dex-814.25.

Sets will be sent at the risk of the eflitor, to any of the principal sea-ports of the United States, and also to many places in the interior-the money therefor being paid.

com. Rodgers to the secretary of the navy, dated 28th July, 1808, in which that gallant officer stated that the bomb ketch Vesuvius was yesterday hove up on ways, "and in which he also estimated that, "on permanently constructed ways, a 74 might be drawn up for four or not exceeding five thousand EXPATRIATION. A late London paper says "On dollars," &c. Since then the Adams frigate, with the 2d of July a question was to be argued in the the brigs Enterprize and Vixen, have been hauled courts of Paris, whether a French subject, by set-up and repaired; and so well are the commissioners tling in Great Britain, and there procuring from of the navy satisfied of the success and utility of the government letters of naturalization, could af. this invention, that "a model of a plan for hauling terwards in France claim his citizenship as a French up ships of the line, has, for some time past, been subject." preparing, with a view to recommend its adoption It is a most singular circumstance that, while in preference to docks, or any other known means every government which we know of exercises the of repairing ships; and this preference is given power to naturalize foreigners, that so few, not one both on the grounds of convenience and economy.' that we recollect at present, has fixed provisions by It is stated that fourteen hundred men were rewhich a citizen or subject may expatriate himself. quired to haul up the Kent-yet, that, by the conThough the British, for instance, naturalize foreign-trivance of com. Rodgers, one hundred and fifty, ers, and from the simple fact of serving two years it is believed, can haul up the largest ship in the as British seamen convert foreigners into subjects, world. What mighty power and great ingenuity yet the British laws declare that none of their sub- must there be in the tackle--when we recollect it jects can throw off their allegiance. Still, in many is supposed that the timber growing on fifty acres of cases, respect has been paid to acts of other nations well-timbered land, is required to build one of by which native born Englishmen were naturalized. these vessels, besides the enormous weight of iron Witness the persons seized and held as traitors to and other materials employed! the king of England during the late war with the United States, who were released; and even in the United States, it has been pronounced, by high authority, "once a citizen always a citizen"-though the common practice of our courts has been to admit the right of any one to change his country at pleasure, without a statute on the case! That every freeman has a right to alter his domicil and transfer his allegiance, cannot be doubted by any, Of the fifty six illustrious men who signed the deexcept those who regard men as cattle-as the pro-claration of independence, forty four years ago, four perty of certain other men called kings, princes, remain to witness and enjoy the fruits of their mag&c. but some forms should be observed by which nanimous determination to possess the rights of its exercise should be legally ascertained. In the self government. When we reflect that the perpresent state of things, a person may claim the pro- sons elected for members of the old congress, were tection of two countries or more. A native English-persons of mature age and eminent for their expeman, who has resided in the United States from the time that he was a year old, we presume may, without any ceremony whatever, return to his native land, and there become a subject, to all intents and purposes; and many of our citizens recently engaged in service under the patriot flags of the South, may claim to belong to either North or South America, as convenience serves. These things ought not to be-they are productive of hostile feelings and potical frauds, which should be avoided, and the matter be so regulated that the fact can be clearly de

VOL. XIX.1.

AMERICAN WORTHIES.

We have to correct an error respecting the age of Mr. Jefferson as stated in the last volume, in the number of the 19th of August, page 447. We are informed on the best authority, that Mr. Jefferson was born on the 2d of April 1743, and consequently was 77 years old in April last, instead of 73.

rience, wisdom and virtue, it is a subject for gratitude and congratulation, that some yet remain to bless the nation with their presence, with strong faculties to point the path which leads to the public good.

But, perhaps, the whole history of revolutions affords no example of such steady perseverance and unshaken constancy, as the sages and heroes of our own presents for admiration. Of the fifty six who signed the declaration, we have never heard that any one became a reprobate, though they passed

through times, which, indeed, "tried men's souls:" of fighting them! Neither of these distinguished nor in the army was there any one of considerable men were of doubted courage-the latter especialrank, Arnold excepted, who turned traitor to the ly, was brave even to temerity; yet he wanted firmcause of his country, notwithstanding the powerfulness enough to yield to the voice of reason, and temptations offered to sin, and the artful means afford an example which he must have known exerted to disengage them from their devotion to would have been very beneficial in arresting a prothe new-born republic. We think that in a consi- cedure, which, in general, can be productive only deration of these facts, we may discover something of mischief. When will mankind become truly ho honorable to human nature, and it is our pride nest, and do what they believe to be right? Is "tythat this singular honor belongs to America. It rant custom" forever to master the intelligent may further be observed, that those who have de- mind? parted descended tenderly loved to the grave, and that those who survive are reverenced as fathers of the people; between whom and them the most happy and pleasing intercourse exists. We fasten our eyes upon them and hang upon their words, as if they were of a superior order of beings: yet they do not receive that sort of homage which kings exact and the people of king-governed countries bestow-it is the homage of virtue, to virtue, freely given and affectionately received on principles of political equality, for services rendered or attentions paid; honorable alike to both parties to it.

As it is appointed to all men to die, we cannot hope many years longer to be blessed with the presence of any of those who acted in the revolution -yet we pray, that the day of their departure may be as distant as their desire is to remain-and, when it shall please Him who raised them up for the great work of giving birth to a nation, to take them to Himself that they may be blessed, and leave the world triumphant-without one wish ungratified!

While on the subject of duelling, the following anecdote, (an old story, 'tis true, but it is a very good one), presented itself, by which one of our countrymen may have saved his life by his wit and courage. And why should not a person elect a harpoon as well as a pistol, for his weapon?-there is the plea of antiquity in favor of it-it is nearly the same as the javelin, with which Achilles, Hector and Alexander fought;-one party to a duel may be as ignorant of a skilful use of the latter as the other can be of the former; and, in things of this sort, it is pretended that the combattants are to meet on equal grounds. The story is as follows:

"Some years since, captain Smith, of the brig

of Newburyport, who had been on many a whaling voyage, being inSurrinam, was playing billiards with some other American captains at a public house, when some English officers in full uniform came to the house and claimed the table. A British captain of regulars informed captain Smith, that the Americans must give up the table immedi ately; which being refused rather uncivilly, the Briton challenged Smith to fight him next morning

PUBLIC SPIRIT. It has been my practice far seve-at 3 o'clock; offering him at the same time his ral weeks past, to walk upon one of our turnpike choice of weapons, which was immediately agreed roads, and, for about two weeks, I noticed a very to by the Yankee. Smith then went on board his large stone lying in what is called the "summer brig, and informed his mate that he had to fight a road," which I wished to remove, but my strength duel next morning, ordering him at the same time was not sufficient to do it. It remained there as per- to grind the harpoon, and make it sharp: next morn manent, to the great annoyance of all who pass-ing Smith appeared at the place appointed, accomed that way in carriages. But one day as I was panied by his mate, carrying the harpoon, and sevepassing it, I saw a stout negro fellow, whose cart ral American captains; where they found the Engwas beyond it as to the course which he was going, lishman and his second, with a crowd of spectators. tugging at it, and he finally succeeded in putting it Smith seeing the Englishman armed with sword and out of the way, saying to himself loud enough to pistols, abruptly told him that his weapon was a be heard by me, as he laid it down, "now you can't harpoon and his distance eight paces. He then upset any body!" Pleased with the incident, I ask-stepped back to his place, and seizing the harpoon, ed the man if he often travelled that road? "No, sir," said he. "Why, then, did you take so much trouble to remove that large stone?" "Because, sir," returned he, "it might have upset some one in the night!" I then left him, reflecting that if all our politicians had a full portion of the same public spirit, and all our self-righteous persons as much of a desire to do good to their fellow men as this poor negro exhibited-we should have a very different time of it!

told his antagonist to defend himself, at the same time raising his harpoon over his shoulder, in the act of throwing, and ordering his mate to "stand by to haul the fellow in." The Englishman's second seeing the destruction of his principal certain, called to Smith to hold, and thus ended the duel."

SPAIN. We are exceedingly interested with the events happening in Spain. They bear a character, thus far, which is honorable to man and fearful to tyrants. A mighty revolution-a radical change DUELLING. A merchant of Boston has lately had in the government, civil and religious, has been courage enough to refuse to fight a duel. It is pub-effected by the mere formation of a rallying point lic opinion that must bear him out in rejecting this to centre public opinion. The most gloomy mobarbarous mode of deciding controversies-yet we narchy in Europe, and the most abominable priestfear that, even in that sober town, he has not been hood which disgraced humanity, have sunk into supported as he deserves to be. We are wonder-nothing, or rather been divested of their giant inifully constituted-our words and actions are too quities, without striking a blow! The people have often at variance with the dictates of the heart; a bounded from the dungeon to the mountain-for vulgar prejudice, on many subjects, triumphs over the foul air of despotism they breathe that of liberthe convictions of reason and the laws of God. Wety--they have "shaken their locks," and from a are hypocrites, and indirectly advocate what con- night of terror, awakened to the beams of a meri. science condemns, if we do not directly counte-dian sun. All without bustle, confusion or blood nance it. The greatest men are not exempt from this singular state of mind-Hamilton and Decatur both died in duels, protesting against the practice

shed, save that of a dozen or two fanatics who "loved darkness because their deeds were evil." This revolution is of its own kind, and shews a degree

NILES' REGISTER---SEPTEMBER 2, 1820–ĈONSTITUTIONAL POINT. 6

of intelligence in the Spanish nation which causes | inaccurate-and are disposed to lament that and us to wonder that the people so long groaned un-ther blow should thus have been aimed at the rights der their king and priests-so long permitted the of the states. Perhaps it may he said, that the law exercise of powers at open hostility with all that is made by the representatives of the nation, who belonged to their rights as men, or privileges as have the unquestionable power "to exercise exclu Christian professors. Yet we have more to regard sive legislation in all cases whatsoever" over the the moderation of their movements and proceed. 10 miles square-and as the law thus proceeds ings-all Spain has been made mad with enthusiasm from the nation, it has a right to operate uncontrol by the meeting of the cortes and the oath of the led throughout the nation. But here is a plain dis king to support the constitution; yet nothing has tinction. The powers of congress over the district occurred to tarnish the triumph of freedom. Their are certainly of an anomalous character. Though wildest rejoicings have had a method and forbear- they are elected by the nation, their powers are lo ance in them, which must command the respect of cal, while they legislate for the local property and the bitterest enemies of liberty. They appear as interests of the district. They are in fact, quoad hoc if new born, and even the king, the wretched thing a local legislature--though they were orginally Ferdinand, as he always appeared to be-a dolt elected by the nation at large. Suppose, as The and an ideot, has revived, and, seemingly, is as Federalist anticipates, that "a municipal legislature zealous as any one to regenerate Spain by whole- for local purposes, derived from their own sufsome laws! The press is free-the dungeons are frages (of the citizens inhabiting the district), will opened-schools established—all sects tolerated-the of course be allowed them”-And suppose, this inquisition abolished, and the king himself proud to be municipal legislature had authorised this canal lot. called the "first soldier of the nation!" Hymns to litery, would it be fair to contend that its tickets berty succeed the dull monotonous whinings of canting priests, and splendid civil processions occupy the space hitherto allowed to others of a description which we know not of a phrase to express our abhorrence of-parades of images and relicts, and called "holy!" We can hardly believe in the change -yet it is so; and, as friends to the human race, ardently devoted to the cause of liberty in every country, we humbly pray that this work may prosper, and its good fruits be for the benefit of all the neighboring nations, as well as regenerated Spain.

might be sold any where in the states without their intervention? And yet where is the real difference between the cases? Take too another case: suppose Virginia wished to impose a tax upon foreign bank notes, would any one say that the district banks were "national banks," and that, therefore, their notes might circulate through the states at pleasure?

"We throw out these hints for consideration. We are afraid, that in these times too little attention is paid to state rights; for it is fashionable with many even to scout them-We are not disposed to chime in with these doctrines, but on the contrary to “snuff the approach of violation in every tainted breeze."-To think of raising the lever on the disfranchised 10 miles square to batter down the rights of the states, is out of the question,”

PREPARATION OF COFFEE. Our ingenious fellow townsman, Mr. P. Williamson of Baltimore, having furnished the public with a coffee roaster, already in very extensive use among us and universally ap. proved, as a great saving of fuel, time and fatigue, as well as for enabling us clearly to ascertain when Since the preceding was prepared for the the coffee is properly done-has turned his atten- REGISTER, we have received a copy of the "opition to a subject even yet more important (the in-nion" above alluded to-to which was added a formation conterning which he intends to convey transcript of the act to authorise the canal lottery, to the public for the benefit of those who use his the drawing of which is speedily to commence. rasters), that, by the use of his machine, the whole The "opinion" was given in respect to the lotteessential properties of coffee may be so far trans-ry now drawing at Washington. There is a litferred to an equal quantity of RYE, that it is nearly tle difference in the manner of getting up these impossible, if not utterly impossible, for the nicest lotteries, but their essential parts are the same.— judges to discern the shadow of a difference. We We publish these articles at present without comexpect to make a trial of his process, and to pub-ment, except to express our belief that the supreme Esh the result next week.

court of the United States, if consistent with its own doctrines about the bank, will certainly sanc

OPINION.

ANOTHER CONSTITUTIONAL POINT. The "Rich-tion those maintained in the opinion. mond Enquirer" has an article on a subject which we have heard frequently mentioned-whether tickets of the "national lottery," as it is called, to be drawn at Washington, for the purpose of making some local improvement within the district, can be sold in those states which have laws prohibiting the sale of foreign lottery tickets? We have heard of the opinion of a number of the most eminent law. yers in the United States in the affirmative—but are Low told that some eminent lawyers of Virginia, are in the negative. We wish that the practice of Franting schemes to tempt the people to gamble, was entirely done away.

By the constitution of the United States, power is given to congress "to exercise exclusive legisla tion, in all cases whatever, over such district, (not exceeding ten miles square), as may, by cession of particular states, and the acceptance of congress, become the seat of the government of the United States."

This clause was, no doubt, inserted in the constitution from the indispensable necessity which was felt to exist, that the national government should have entire authority in the place where it was to be located. It was a government established for national purposes, and it was fit and proper that the

The editor of the Enquirer, after noticing the h of Virginia, to prevent the sale of foreign lotte-national legislature, and the members of it, should ry bckets, &c. says

"We state these facts for consideration. It were Very much to be wished, that the opinion in favor of this "national" lottery, as it is called, could be laid before the public. We wish very much to see But, us at present advised, we think the opinion

be entirely free from and unmolested by the autho. rity or power of any state legislature.

By an act of congress, power is given to the corporation of the City of Washington to authorize the drawing of lotteries for effecting any important improvement in the city, which the ordinary funds or

revenue thereof will not accomplish: Provided, that seat of the general government-but it is not of the amount to be raised in each year shall not ex-greater force, or more binding upon the states or ceed the sum of ten thousand dollars-and provid-people. ed also, that the object for which the money is intended to be raised shall first be submitted to the president of the United States, and shall be approved by him, under the power given by this act of

congress.

The power to raise and support armies may, and almost always will, operate more expansively-but legislation over and for the District of Columbia may, in the progress of its consequences, reach as far as legislation for military objects; and when it The corporation of the City of Washington have does so, will be of equivalent efficacy. If congress established lotteries for the purpose of effecting im- had deemed it expedient, it might have established portant improvements in the said city, which the this lottery directly, instead of authorizing it by a ordinary funds, or revenue, thereof will not accom-substitute, and might have afterwards applied the plish, and the object for which the money intended avails (so as to bind the states) to this improvement to be raised, by the said lotteries, is to be applied, of the District. Had it done so, who can doubt but has been submitted to the president of the United that the tickets might have been sold in each of the States, and has been approved by him. United States, and yet where is the difference in Have the legislatures of the individual states pow-the substance of the thing, and in common sense, er, by any law which they can pass, to prohibit the sale of the tickets in the lotteries thus established in the City of Washington?

tution, and for national purposes, trespasses on the right of the citizen as far as it goes, interferes with the general purposes for which the lottery is established, and changes the qualities of the ticket, by impairing that saleable and transferable faculty to which it owes its value, and without which the lot. tery itself may be wholly defeated, and must be greatly injured and delayed. It would, indeed, be a strange anomaly, if what congress had created, or authorized to be created, in a valid manner, and which entirely derives its capacity of answering the general purposes for which it was so created from its faculty of being sold and transferred, could be considered and treated by a state as the subject of a criminal traffic; or, in other words, if a citizen could

between the two cases? Where can be the difference whether congress exercise their power directly themselves, or authorize others to exercise it for We think the state legislatures have no such them? It is still, in either case, their power and power. This is a lottery authorized by congress authority which is acting. It will be admitted by for the purpose of making important improvements every body that it is in the nature of a lottery that in the city which may be styled the national city, the tickets must be sold, and that they must be (as in the improvement of which the nation is concern- they always are) transferable from hand to hand by ed. It is, therefore, a national lottery, and autho- sale, and it results from the interest every citizen rized by a national legislature, and it would be mon of the United States has in that which is well estab strous if any state legislature could impede the ex- lished or created for general purposes, under the ecution of a law made for national purposes, rela-authority of congress and within the scope of the tive to a district over which the national legisla-constitution, that he is entitled to avail himself of ture have the exclusive right of legislation. Con- what is so established or created. But, surely, a gress have a right to judge of the proper means of state law which forbids a citizen to sell or buy a improving the seat of government; they have the ticket in a lottery well established under the au power of raising those means by any law not forbid.thority of the union, within the scope of the consti den by the constitution; and no state legislature can, consistently, either with the letter or spirit of the constitution, interfere with the exercise of this power. It may be conceded that the power of legislation over the district, vested in congress by by the 17th clause of the 8th section and first article of the constitution, is local and territorial, with reference to the sphere of its direct and immediate action; but this concession leaves the matter of the present enquiry as much at large as it was before, since it is still certain that the power itself is the power of the nation-that the whole union are at once the granters, and, (by their representatives), the depositories of it-the district upon which, or with a view to which, it is executed, is entirely a national district, and that the sovereignty of con-be punished by a state for selling or buying that gress over it was communicated for national ends: But for the above-mentioned clause in the constitution, the territory included within the district of Columbia would be liable to no other legislation by congress than that which it may exercise over the states, with views of general policy; that clause in yests congress with complete dominion over the district in addition to, or involving and blended with, the other enumerated or general powers of The power of the union, constitutionally execut congress, which it was intended to assist and for-ed, knows no locality within the boundaries of the tify. union, and can encounter no geographical impedi As this dominion flows from the same source with ments; its march is through the union, or it is nothing every other power possessed by the government of but a name. The states have no existence relatively the union; as it is executed by the same congress; to the effect of the powers delegated to congress, as it was created for the common good and for save only where their assent or instrumentally is re universal purposes, it is impossible that it should quired, or permitted, by the constitution itself. In not be of equal obligation throughout the union, in every other case, the effect of constitutional congres its effects and consequences, with any power whatever known to the constitution.

which congress had, for the purpose of being bought and sold, sent or caused to be sent into the market of the union, conformably to, and under the sanc tion of the constitution, and for a national object. If a lottery ticket has a lawful origin under the constitution of the union, it is a lawful lottery tick et, wherever the power of the union is acknow. ledged.

This opinion, we understand, was given in re The government of the United States is a govern- spect to the lottery now drawing-in that which is ment of enumerated powers, all of which are upon about to be drawn, it appears, from the act annex the same level. The power to raise and supported, that the authority is directly granted, for the pur armies, (with all its dependent powers), may be of pose of making and completing the Washington higher dignity than the power to legislate over the canal,

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Niles' Weekly Register, Volume 19