Newspaper of Burlington Free Press, July 19, 1839, Page 2

Newspaper of Burlington Free Press dated July 19, 1839 Page 2
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V it I D A Y ftl O It N I N 0. JULY 19 , WHIG NOMINATIONS. FOR GO TERMOR, SILAS II. JE1VISOJV. For Licul. Governor, DAVID M. CAMP. For T reasurcr, HENRY F. JANES. SENATOUS FOR CHI T I'ENDEN COUNTY JOSEPH CLARK, JOSEPH MARSH. 0Vo publish lo i)ny a portion of l he address of the Whig Slate Convention lo Ihe people of Vermont, and shall complete il next week. Ii in drawn up with ability, and present with much force. I ho motives t ho t should prompt every good citizen in the discharge nf his duty to the country, at the present crisis. MR. CLAY. This distinguished stntcsmnn is now on an excursion at the north. Our last qc counts left hi in at Niagara, where he would spend a few days, ond proceed down the St. Lawrence to Montreal and Quebec. From Canada lie will pas through Lake Champlain to the Springs, where ho will remain some weeks. Mr. Clay lias never before visited this section of the Union or nl least not in many years and wc arc not aware that he ever set foot in Vermont. To no public man is the Slate of Vermont so much indebted for tho substantial pros perity bhc enjoys ns to Henry Clay, and well assured are we that no other man liv. ing would be more cordially received by the honest yeomanry who dwell in peace among her mountains. The precise time, at which he will pats through the Lake, is of course not known, and it is his desire, we understand, to avoid being the occca sion of any public demonstration, but to pass as quietly through the country as pos sible. Yet wo doubt not that if suitable measures were taken, he might be induced to spend a day or two among us, and grat ify his fellow citizens with the opportunity of an informal intoivicw with one who shares so largely in t heir respect. Will our friends tako tho subject into considera tion ? A correspondent of the Courier, writing from Saratoga Springs on the lllli, soys "Lt. Gov. Buauuii has been luxuriating at Congress Hall for ten days. Gov. Se ward is expected here about the first of August. The President will arrive in all this month. "Harry nf tho West" comes early, and Gen. Scott later in August." The recent signs in the political horizon are truly auspicious and favorable to the union and harmony of the whig party, in the next presidential campaign. In Penn eylvonia, in Virginia, and in Ohio, where Bonie symptoms of clashing opinions in ref crenco to candidates for the presidency have been manifested, the popular senti ment is rapidly settling down into a proper tone, and a determination every where exists to abide by the candidates of the whig national convention. The recent demonstrations of the Globe, and other reckless organs of the administration, taken in connection with Mr. Van Burcn's avow, als relative to the sub treasury, have opera, ted most powerfully in Pennsylvania and Virginia in producing union and har mony in the whig ranks. Movements arc already in progress in both of these states, to unite and concentrate tho whole strength of the opposition to Mr. Van Buren upon one cundidate, which are truly cheering and promise the most auspicious- results. ELECTIONEERING TOUR. If any additional proof were wanting of the total difference between moderm De mocracy and tho vulgar and old fashioned Democracy of the days of Jefferson and Madison, we could find more than sufficient, in tho circumstoncfH attending President Van Burcn's first visit to his native Stale since his election. Wo can also derive from it the conviction, that the eyes of the Executive havo been opened by tho events of the past year, to tho necessity of enter ing tho field in person, as tho only possible alternative to an overwhelming defeat. Not one of his predecessors, not even General Jackson, that impersonation of partizan cxclusivenoes, ever returned to their homes for tlio express purposo of electioneering. It jg true, that cccas'.on ally they have made visits lo other parts of thu Union, and on such occasions all par. ttea have received them us tho chief magis Crates nf Ihp n.linn n. , i .i u crates o the nation. But when tlioy navel mutely returned to llioir places of residenco, I they have uniformly done so in an unosten talidiia manner. Wo look in vain for any firing of cannons, ringing of bells, or depu latinos of party committees, in the times of Jefferson, Madison, Monroe, or even in those nf John Q,. Adams. It was not regarded as sound democracy by Thomas Jefferson, who, in fact, denounced any attempt on Iho part of the Executive "to control or influence the free exercise elective right," for a President to enter the lists himself, to listen to tho partizan harangues of partizan demagogues, and mount the stump in reply. It has been reserved for our present Democratic President to degrade his high and honorablo station, and destroy all re maining respect to the chief magistrate of tho Union, by an open and unblushing' attempt to do away the effects of his cor rupt and tyrannical measures, by becoming the itinerant demagogue, the fawner upon such men as Ricll, Ming, and their associ ntes wretches whom he has alwaya de spised ! We are glad that it is so. Most sincerely do we rejoice that tho cloak, by which decency has so long concealed from the eyes ol many the evil that lurked within, has been thrown off, and displays the cloven hoof in all its naked defurmi'y. Such open official dictation and Executive inter ference, is too gross not to disgust a free and intelligent people. Boston Atlas. AMENDE HONORABLE. lDWe were wrong last week in intima ting that Mr. Chittenden had declined an office. He has, indeed, declined a loco foco nomination fur senator; but that's not an office, nor even the prospect of one. The Whig nomination settled that matter ; and the Judge thinks he has had enough of the empty honor of candidncy. It may do well enough for young aspirants like Has well, who have "never hod any thing;" but, says the venerablo sachem, as for me. I'll no more of it. There's good senso in that? Of the numerous Washington Societies, (says the Boston Atlas,) which were estab lished in the United States, there remains only one, and that is in the City of Charles ton. Il celebrated the 4th of July and feasted sumptuously. Now, this Society, true lo its principles, complimented those by whom it is sustained, and, therefore, gave as one of its standing toasts: "The President of die United Stales Hit ex position of Ihe Constitution has toon the confi dence of the South, and guarantees the perpe tuity of Ihe Union," That exposition is in conformity with the doctrines of the old Federal school, and this society, is perfectly consistent in the compliment thus paid Mr. Van Buren. But what would "Rip Van Winkle," or some old fashioned Democrat ol 1798, who hated "black cockade men," say if he should wake from a slumber of thirty years, and be told that Mr. Van Buren, thus compli mented by the Washington Society, was at the head of the Democracy? What would he say, if he should be told, that a new generation had arisen, who had made the discovery, that the man whose "expo sitionof the Constitution" was in conformi ty with the opinions and views of the Washington Society was a Democrat, while he who opposed thorn, was a Feder alisl? This single fact illustrates the case, and points out the real positon of the two great political parties of the country. A volume of comments would not strengthen the case. A very mean trick. One of the bands employed in the Sentinel office stole into the Whig caucus, tho other night, and en sconsed behind the door, remained unob served for some time. Ho was however, promptly introduced to the largest front opening of tho Hotel, and dismissed with a suitable adnionitiun. We arc told that this is not tho first lime the eamo individual has been guilty of the like impropriety j but we charitably hope it will bo Iho last. That a regular bred loafer should so lar forget his self respect, is surprising; but that an individual with glimmer of intellect enough to cntitlo him to tho rank of a typc.sticker should thus voluntarily dis grace himself, excites our special wonder. When neighbor Winslow catches one of our hands similarly circumstanced, wo will thank him or any ono elso lo administer tho hint-direct, that "there's no placo like homo." The Presidency. The name of Mr. Webster will no longer bo U6ed in connec tion with Iho presidency. The following letter has been received from him since his arrival in England, To the People of Massachusetts, -It is known, llul ray name lias been presented to ihe public, by n meeting of memhers of ihe Legislature of ihe Slate, as a candidate for lite office uf Pieii. dent of tho United Stales, nt ihe ensuing election. As it has been expected, thai a Convention would no nowen in me Autumn ol tins ) ear composed of iieieg.ues iroui iiio several states, I Have hitherto thought proper not lo anticipate, in any way. the remits of that Convention, lint 1 nil, now nut of Iho country, noi to return, prou.ihly much earlier than llm period fixed fur tho meeting of iho Con venlion, and do not know what events may orcur, in the iiieiiniiirie, which, if I were ui home, might uemanu iiiiiiiuiiuib uiiuimioii :rom me, Juesire, moreover, to act no pan which ma, tend to prevent u cordial and eflaciivo union among those, whose ( oujeci nisi, iv u iiihiiiuiw, iiiniui ii'u ! r.--. .!....! r .1 i. 1.1 ..II great interests, by a wire, prudent, and patriotic administration ol" llio Government. Tlieso con siderations h.ive induced nic tu withdraw tny name., onttiiiniun oi hiu tummy, mi iu unuiu - ns a candidate, fur the olhcenl 'resident, nt me next election. DANIEL WEBSTER. London, June 12, 1839. i Lyman Burgess of Milton has been sub stitutcd on tho loco foco senatorial ticket in plnco of the Hon. Truman Chittenden, resigned. fir Aueusline Clark, Esq, Las been annotated hy Vnn Unren Pension Agent for (lie State of Vermont. Although (hero ii no nominal ratal v attached to the office, llm man who itmleritlnmN how lo use money lo advantage, by lite facilities afforded by the advances made tnngeriis, when I lie Treasury it not tans "(moils," can realize more llian thirty pieces of stiver sav, from one to two thousand dollars per annum. I he regulars of the party are thrust aside lor Hie new convert in Van Hiirenism, anil Mr. O. cannot bin lie gratified )V die "prompt pay" thai his drafts upon "llin parly" are honored al sight. According lo the I'airiol, ihe Slur, and other Van Rnren papers, ihe Whig parlv of Ver mont to years nan was hardly worthy ni (rave amidst ihe ruins of Sodom, became Mr. Clarke was then a member thereof ; hul now lie' a pritno Van Bnren democrat, hand aid glove with them opposed in h.inks anil all sorni of paper money, of course. Tho new allien ni IUnville of this enemy of "all kinds or monopolies' a la mode Madame Darnmnni, liurul him in rfiHv, on which occasion the sarrificial coat was conn ihnted, If not ly ihe Offire, hy some one not "iroff. Considerable fpelini; was manifested nt Burlington by Mho parly when I lie nppninlment wm made known, mid ihe member of Congress fioin this district, has the credit ihere of procuring the appointment. Cale donian, Movements for Election. The whigs are not inattentive lo llieir duly. The noise, parnilenndnnle ol preparation from ihe Van Buren camp have mined the whigs in Briinn find must nnd will call litem lo effort. In most of the counties. conventions hfve been held and committees of vigi lance nave hern appointed. With a due share ol activity, the rhihslines can he ktnt from devotning us, nlheil ther brag hke Goliath of Gaih and tell what mighly valiant things lliev w do. We are used lo this, It has been llio cummer employment of the parly fir these ten years. Woodstock Mer. Fire a? Eastport, Me. Wo learn from the Boston Transcript of July 1 Oth, that a dreidful fire occurred at Eastport. Maine, on the morning of tho Ctlt inst., which destroyed nearly half the property of the town, and more than forty-one place? of business. Mammoth Calf. Peter Fowler of the town of Bern, in this county has a calf which weighed 114 lbs. when it was but one day old, .'j to. Jour. We were informed tho other day, that Mr. Isaac Chase, of Westford, has a calf three months old, which weighs but o few pounds short of four hundred, and this too, in moderate flesh ! LATER FROM MEXICO. Intelligence from Mexico, by way of Ve ra Cruz and New Orleans, has been re ceived at New York to the 18th of June. Tuspan has capitulated lo the Govern rnent forces, according to a communication in tho Diario del Gubierno. The insur rection appears to be nearly at on end. The ceremony of conferring upon Gen. Santa Anna tho deconlion of honor voted by Congress, for hving repulsed the French forces which invaded Vera Cruz on the 5th December, took place in the city of Mexico cn the Cth of June. MACOMB'S TREATY. Tho cession of a portion of Florida to the Seminolcs (under th; treaty mode by Gen. Macomb) after a rust expenditure of blood and treasure, seems lo excito the most violent indignation throughout that unfortunate territory. Tho Apalachicola Gazette declares that "There is but ono opinion, and one feel ing, in Florida, in regird to Macomb's treaty with the Indians that of universal disapprobation. -It is not believed that tho Indians will regard it, or be restrained by its provisions, from any of their accustomed acts of murder and plunder. It is assrrtcd in the St Augustine Herald, that the Indians who mot Gen. Macomb, were individuals of no note and without any authority in their nation. That (ho man inlrnduced as the successor of Sam Jones, was only a com. mon Indian dressed up fir the occasion. and had never been ackrowledgtd as chief by his tribe. That the whole treaty was a humbug and known to bo such, by Uen. Macomb. That the treaty will be treated with entire contempt with the Indians, is made apparent by the murders wbich they have committed stneo the arrangement. I hern is mi evidence that they havo made the least move for t he country south of Peas river, or that lhay intend any uch thing. And if Macomb intended his treaty as a ruse, a snare to get the Indians within his grasp, he will find that tho biter has himself been Oil. Tho New Orleans Louisianian, in its violent hostility to the treaty, makes use of the following language: "Wo nre euro that President Van Buren and tho Secretary ol War aro entirely ignorant nf this act, which will doubtless subject its author (o an enquiry belore a court martial." We can well imagine that after the avowed determination of the Government lo offer the Seminolcs no alternatives but emigration or extermination, Iho ponple of Floiida should be wofully disappointed In the result of Iho contest. And we do not ourselves suppose that there will be the semblance of security for the whito inhabi lants or any peaco for the Government, until the Seminoles are rooted out of Florida. But wo have always regarded tho ill. success of our arms in that quarter as necessary consequences of the disgrace, ful and improvident manner in which the contest has been carried on, Alb, Adv, Address to the People. Wo give below tho Address of the late Whig Con vention lo tho freemen of Vermont. This address was reported by a committee ap pointed by the Convention, and was drawn ud bv Hon. Wm. Rlnde. nt tho solicita tion or mo estate uommittco. j ne at. Jolinsbury Caledonian says of it "The address of Mr. Sladn wns open, frank, and laden with truth, as am all (tie productions of his upright and honest mind." We believe the address will be read with interest and profit; its length should not prevent its having a careful perusal. TO THE FREEMEN OF VERMONT. Fellow Citizens: Your Delegates, assembled in Slate Convention, having deliberated upon Iho questions involved in the approaching state election, and selected candidates lo bo presented for your suffrages, deem (he occasion appropriate to address you. It is, fellow citizens, a noble privilege whjch we enjoy, of selecting by our free suffrages, the men who shall make our laws and administer our government. Tho magnitude of (he trust committed to us, nnd the vast and varied interests involved in Us discharge, demand a frequent and cnri'ful review of our principles of political action. That action is, at this time, hmi ted to our State election ; but the Slate is part of a great confederated Republic, the principles of whose administration are ne cessarily afflicted, directly or indirectly, by those of rod) nf its constituent sovereign ties. We never act in our political capa c ty wilhout acting for the whole nation, and under responsibilities vast as its great interests, its various relations, and its mo menliious destiny can make them. If we act from wrong principles, or, odopting right ones, foil to carry them out, we put nt hazard the liberties of a great people, and betray the interests of the human race. Our connexion with the oilier members of tho confederocy, ond the influence which we exert upon its government, alwoys of high moment, aro rendered more important by considerations peculiar to the present crisis. While the Federal Government retained lis just constitutional balance, each department moving in its appropriate sphere, and exerting iis appropriate powers to promote tho country's welfare, there was less need of solicitude, and less call for jealousy. While the government was in the hands of the founders of the Republic, wo were snfe. There was a security against on abuse (f power, either by the whole government, or any branch of it, of a far higher character than the force of mere parchment provibions. It was in the stern v,rlue, and unbending integrity nf men who had perilled every thine for libit ty, and who knew, and seemed capable of knowing, nootlier ambition but that of ser. ving the country, from whose soil they had driven the oppressor and whose institutions they had laid on the broad basis of the equal rights of man. Half a century has elapsed, and a great and portentous change has come over the country. We havo extricated ourselves from the embarrassments which followed our Revolutionary struggle, increased our population, augmented our wealth, and become a great, powerful and prosperous nation. But the Revolutionary and Constitution al Fathers arc gone! Our governments have ceased to bo administered by them. The transition has been one of fearful trial to our institutions ; and to nnno more than to the conslitution of the United States. That constitution was designed to secure a government of the People, in the true spirit of Democratic Republicanism. Its foundations rested upon their intelligence and virtue, nnd its integrity was guarded hy their jealousy of power. The great and prominent business of making laws was confided lo a Senate and House of Representatives, subject to a qualified check in an executive veto. The member of these bodies were the Representatives nf the States and the people. The Presi dent wsb the executive of the laws made by ihem. Tho idea that either of the Legislative branches of the government was lobe, in any manner, affected, either in their constitution or legislative action, by the President, never entered the concep. tions nf the framers of the constitution. The President was to execute the laws superintend Iho foreign relations with the advice of the Senate lo make treaties, and with their advice and consent, to ap. point executive officers. But in the perlbr manceoftheso duties ho was supposed to be effectually restrained from an abuse of power. Thu execution of the laws made by Congress, was supposed lo carry in the very nature of the duty, restraints and lim itations, of no inconsiderable efficacy; while the advice and consent of the Senate was deemed a sufficient guard against an abuse ol the appoint inp power. To these supposed checks was added that nf a con stitutional liability of the President to im peachment by the House of Representa tives, and trial by the Senate for malversa tion in his office. A trial of fifty years has shown the prac tical workings of this constitution; and in no part of it have tho expectations of its founders been inoro signally disappointed than in that which relates (o the power of tho executive. From the nature of their constitution and duties, neither branch of Congress have been found capablo of abu sing powor. No motives of ambition could opera'o on either of them, in their corporate capacity; and the individual am bition in either, could find, in the ordinary discharge of their duties, no means of gratification. Not so has it been with the Executive. As coon as the office came to be filled with men who felt the movings ol selfish ambition, and wero restless under the restraints of (he conslitution, means were not wanting to gratify Ihe one and set at defiance Iho oilier. Constitu tional restraints have, under the adminis trations of such men, been found vain and ineffectual. The (rower, for example, of removal from office, which the framers of the constitution did not deem it necessary to restrain; which they seemed in fact to regard as almost incapable of abuse, and for the exercise of which for sinister pur poses, tho father of the Cpnstitulion (Mr. Madison) declared the President would be liable to impeachment, lias been openly abused for llio worst of purposes. Tho I appointment of subordinate executive ofli ccrs, which was, in the contemplation of (he framers of tho constitution, a high and delicate trust, to be executed for tho single purposu of n faithful execution of the laws, has been converted into an instrument of executive ambition. The check of the Senate has been rendered almost nugatory by tho power which the President has been able to exert over that body by his . influ ence, brought to bear upon thu election of its members, and upon themselves person ally after their election. The subordinate executive officers, multiplied to vast extent, and located in every Statu and Territory, nnd in almost every town and village, in the Union, have by (ho avowed principle of their appointment and liability to removal, been brought into a state of such complete dependence on the Executive, as lo attach them most strongly to his interests, in op position lo the other branches of the gov ernment. Thousands of officers have been removed because they would not become the partizans of the executive, and thou sands pul in their places, because they would. The spirit of Executive partizan ship has hocn thus infused into the whole corps of Executive officers, and been armed with their whole influence lo aid in giving (he executive a control over the popular mind. The President has, in fact, an agent, faithful to Ins interest?, in almost every (own and village in Iho Union. In the fearful enlargement uf his power, the character of his high office has been changed from that nf an upright unambt tinus republican Chief Magistrate, to the mere head of party. Ho wields a patron age of millions; and that patronage has been found to give to men in his service, an octivity, nn energy and a perseverence which patriotism would bu powerless lo imparl. It is bv such means that there has come (o bo a President's paiitv in (he United States, and that it is distinguished above all other panics in the country for its unity ot purpo-e.the completeness of its organize, lion, and the vigor and efficiency of Us operations. It is against this parly, follow citizens. mat we are contending. We ore fighting the battle of the Constitution against the daring encroachments of power. It were coniparittvely, nn rosy task to maintain the lru principles of ttie Consti Hon in their conflict with obstract error. If it stood only in its own strength, then' would be I ii t lu lo fear from it. But when other means than lhaiof argument are used to sustain it ; v hen pairnnage comes in. witn us appeal in lli sdh-li passions, and its long train of sinister inflm-ncus t nil Ii struggles with o fearful odils. Let Ihe parly tigainsi which we are contending be stripped of its Executive 3riiurj let the power of making ami unmaking 'liui-nnils of executivo officers be placed in Inintl where it shall cene lo have a connexion wilh parly where it can exert tn political influence, and find iiomoiivts of ambition 10 sHinuiaie n lo encroachment, ond our work as a party will be accomplished. Our very name will cease to have a pracn. cal siguificancy. If ihe unrighteous as sumptions of power by a British King had been seasonably abandoned, and our revo lutionary falhers had been permitted the enjoyment nf their just rights, ihe name ol Whig would never have been consecrated in their seven years struggle for liberiy. But power sought to govern them without their consent, and tho Whigs of '76 resist ed it. Powor usurped, now seeks to gov ern Iho people of the United States, and the Whigs of 1039 gird on Ihir armor to meet it. It does not cross the ocean in armed legions, to crush us by physical force; but it rises up in the midst of us less imposing, indeed, but more dangerous. It is not thu power of arms, but of intlu ence not the influence of truth ucting on the reason of men. but of patronage acting on their sefishness and credulity. The great questiun at issue between the Whig and Executive parlies, is a vital question. It goes lo tho foundation of the Constitution, and is of an importance in comparably greater than can be connected with any measures affecting merely the credit, the currency, ihe manufactures, or the commerce of the country. The Whig party are resisting encroachments of powor. which, acquiesced in, will subvert the Con atitution. A functional derangement of Ihe human system may be cured with com parative ease ; but how formidable is an organic disease, firmly sealed. Who shall restore the Constitution, after it has been essentially changed by usurpation, and popular acquiescence? Who shall admin ister a remedy, when the same operation that diseases ihe patient, inflicts n paralysis upnn the only physician that has the power of healing. Looking only at Ihe abuses of Execu tive power in their flagrant enormity, as violations of the Constitution, there would seem in them enough to warrant the hope of an immediate correction by the popular will. An administration far less usurping, and far less regardless of Conslilut innal restraints than the present, wan put down in 1U01. And shall this administration triumph in its augmentation of the same abuses? Can it live with the "federalism" nf '98 broadly stamped on its front, and spread out I hero in full and matured pro portions? Thus should wo reason, fellow citizens, had we not considered the nature and tendency, and marked ihe practical bearings, of the present abuse of Execu. live power. Tho truth is a truth which cannot be too deeply considered the abuse of nower. of which we complain is, in its nature, self porpeiuating. u not only violates the spirit of tho Constitution, but, what is inliniteiy worse, it perverts tho public sen timent lo an acquiescence in that violation, If the people aru disposed lo change the Constitution, lei them do it, direcily, in Iho mode it has prescribed. Let the propositions bo brought forward, as distinct amendments of tho Constitution, that thu President shall havo power to remove every Executivo officer for opinions sake thai ho thall bu permitted to take millions, onnually from tho Treasury and expend them in the elections, Slate and National that ho shall bu represented by his min isters in both Houses of Congress, and that ho shall freely boslow upon their members for the purpose of influence, iho offices, and the honors in his gift. Let this be done, and we shall have en opportunity lo make up an issue, fairly and openly on those great questions, run Wo shall have no siicn propositions. I'he men in power dara not bring them forward. And yet, what they dare not do, directly, Uiey are doing indirectly. Every power embraced in these suggested propositionsor amendment, has been exercised during thn last ten ycais, and is still exercised; and yot, how many thousands are blinded by interest to tho iruo nature of llicsc encroachment on tho constitution, and how many other thou, auds and tens of thousands arc led by tho mysterious, insidious influence of party to an acquiescence in them. .Concluded next week.' From ihe Albany Daily Advertiser. International Law During tho past winter ihe rtghi of the Governor of any Slalo to demand from, or deliver up to foreign governments fugitives from justice, became a subject of frequent discussion Thu opinions elicited in the course of tha argument wero various snd conflicting- -By sumc it was contended that this right must of necessity belong lo ihe Chief Ma gistrate of the Stale from which the felon had fled, or within which he hid sought to screen himself from the pursuit of just ice. It was argued by others that as tho General Government was tho solo organ of communication with foreign pow ers known lo our laws, that Government only could make or roccivo requisitions for fugitives from just ice. While a third party insisted that as this was a mailer for treaty stipulations, and as there were none in force between this country and Great Brit tan, this right, as between these two coun tries, was vested nowhere. Our own be lief, heretofore expressed, wasthol. treaty or no treaty, our existence as a notion im plied Ihcpxistence of this right somewhere; and I hat from the very nature of our Gov eminent, it must bo veiled, not in the Executives of the several Slates, but in the President of the United Slales. It is w ell known that a rrqui-itmn was made, some mouths since, by Sir George Arthur upon Ihe Governor of Vermont, for the delivery of an individual who had committed murder wi'hin the Canadian Provinces, and had thence fled to Vermont. Gov. Jenn,on having first referred the mailer to the General Government, and received for an swer that, in the obsenco of anv positive regulations, either bv treaty or act of Con gresson litis particular subject, the Presi dent declined interfering, occeded lo the demand of Sir George Arthur, and issued a warrant lor the delivery of Ihe ftigHivo imhe Canadian authorities. Al ihisstage ol Ihe bii-in'ss. however, a wm ol Habeas Corpus arrested further proceeding mini ihe i.ol horny of the Executive to deliver on a fugitive m a Inreign Government could be settled in a conrT nf law. The final ts-oe of tins mailer is not yei known. An application has since been made to Gov. for a requisition upon Sir George Arthur for Ihe delivery of Hugh Tracy, who cnmmitird a roboery in the city of Buffalo in May last, nnd immediately there after fl.'d lo Toronto with the Stolen prop erty in his possession. To ins application Gov. Seward returned an answer, a copy ol which (as ihe subject is oui? of eneral interest) we have solicited and now submit to our readers. Albany. Mav 20th, 1C39. Henbv W. Rogkrs. E-q ." District Attor ney of Erie county, Buffalo Dear Sir, I have received ynur com munication of I he IG'h instant, reque-ting me to make a requisition upon his Excellen cy Sir George Arthur, Lieutenant Gover nor of the Province of Upper Canada, for the delivery of Hugh Tracy, to the end that hu may be brought to this State to he tried for a felony committed within this Stale. The law' of nations recognizes the mutu al righls of Stales to demand the surrender of fugitives from justice. The regulation of these, however, is a proper subject for treaties, and the refusal uf a Slate to com ply with such a requisition in a reasonable case is just cause for war. The right to demand and Iho obligation to surrender ara reciprocal. I am satisfied that the authori ty riecessnry to t ho e'xercise of this right,, rests with the General Government, and not wilh ihe Governments of Ihe6taiee. The Constitution devolves upon the Gene ral Government the care nf foreign rela tions. That Government has the sole pow. er to make treaties with foreign States, and the right, to declare war and conclude peace. It thus posesses the power to es tablish regulations for the exercise of this important right, and to enforce compliance, with its requnitions when unreasonably refused by other States, while the Stale Governments have no power to establish general regulations and no means to en force their requisitions. Application was made lo me in a case similar lo that now presented, for a requi sition upon the Lieut. Governor of Upper Canada, for t he delivery of a person charg ed wilh a felony commiled in this Stale. I considered it my duly to refer Ihe appli coin to the General Government. Tho answer of the Secretary of State was in substance, that inasmuch as Congress had not passed any law on tho subject, and there was no provision by treaty in relation to it, tho General Government had declined to net upon such applications. The view of tho subject taken by the General Gov ernment, has setved only ;o convince me that (ho ground I had assumed was correct. If the right could bu exercised by the Gen eral Government, provided its exerciso should be regulated by law of Congress or by treaty, the jurisdiction belongs to that Government and not to those of the State ; ond if the General Government could not exerciso it without tho previous passogo of a law uf Congress or thu intervention of a treaty, ihe State Governments, even if ad mitted to divide Iho responsibility with the General Government, could not exerciso the power without a similar law or llio in tervention of a treaty. I can imagine no circumslanco which would more seriously embarrass the Gene ral Government in its conduct of tho foreign relations of i he country, and more certainly lend lo bring the public peace into jeopar dy, than the discordant action of the eeve rul Stales in the exercise of this power. I have observed that iho Governor of Ver mont has taken a different view of tho sub. jeel from that here presented; and that having issued his warrant for the delivery i of a fugitive, upon tho requisition f ,

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