Jeffersonian Democrat from Kosciusko, Mississippi • 2

Unite have to dictate to Congress its rule of Each' is supremo within the sphere of its own peculiar duties': clothed with the power of legislation, and a discretion as to the m.uinrr in which it shall be exercised, with which the other cannot interfere by or-dering it ti) be exercised in a different manner. The Constitution contains no grant of power to Congress to superintend and control and direct the legislation of the States. This is not among the enumerated powers, nor can it ha implied as necessary and proper to carry them into effect. Congress is invested with authority, co-extensive with its power of legislation, to make provision for the execution of its own laws, in its own way, without calling upon the States to come to its aid. Hence there can be no pretest founded on necessity and propriety, for de-rtvintr, by vague implication from some un known source, this extvaordinay power of commanding the States what they shall and what they shall not do.

This assumption, if permitted by general acquiescence to ripen into the force of constitutional right, and become engrafted upon the settled policy of the government, would practically subvert the principles of the constitution, and revive those of the old confederation. The irreat radical evil in the articles of confederation, which led to the adoption of ths present constitution, was the constant collision between the Fedend and State which shall be uniform throughont the Luion. in pursuance to the Numerous other cases may be cited, in which a similar concurrent power is vested in the two Governments, with a resulting authority in Congress to supersede the State legislation by the substitution of its own. Hut will it be seriously contended, for a moment, that, because "the General Government may suspend the State laws in these cases, it my therefore order the Legislatures to enact laws upon the subject of bankruptcies, in accordance with certain arbitrary rules established by Congress? The soundness of this principle may be tested by supposing that Congress, instead of passing the late bankaupt law, had contented itself with a simple declaration similar to the second section of the appostionment act that ail the laws upon the suhject of bankruptcies should be uniform in each Slate of the U- i if mon; that persons migiu oc discharged irom the payment of their just debts, upon their own application, without the consent of their creditors, upon the surrender of till their much as the with each other branch of the subject. We concede to Congress the right to provide by law lor the election of member of Congress in each State of the Union, on a certain day, to be named in the act, without prescribing the places or manner of election.

The power to designate the places, or the manner, without specifying the time, is e-qually clear; but whenever Congress assumes the power over one branch of the subject, it? legislation must be complete to that extent, so as to execute itself without the intervention of the State Legislatures; and the residue must be left to the States, to be exercised according to their discretion, under the Constitution. So much of the power as shall not be embraced in the legislation of Congress, the Constitution makes it the imparative duly of the Slates to carry ito effect; and constitutes them the sole and exclusive judges of the mode and means best adopted to the end, without the interference or control of Congress. This view of ihe subject is strengthened nro not misplaced nor eitravagnnt; and they will presently he echoed hack from this side the Sabine, with as much sincerity and fer-vor. Indeed, we do not know of any event which would more rejoice the hearts of the American neonle. than the restoration to the Republic, of the magnificent territory of Texas.

The following paragraph from the Galveston Civilian of the 7th, written on the arrival at that port of the Neptune, in some measure strengthens the statements of the Telegraph: 'The papers brought by this arrival contain no news of peculiar importance, though despatches arrived from the American government, which, it is surmised, are of a interesting character; inasmuch as they were preceded at New Orleans by a request todc tain the packet, it necessary, in ormr ion sure their transmission to Texas without a moments delay. Among the documents brought to our Government, we noticed let- ters tolicneral Houston, uirecieo in ine nauu and confirmed by the uniform practice of writing and bearing the frank of the venera- the Government from the lime of the idop- aimed ccting the defence ol the country, or the existence ofihe Government, those laws could not be executed were inoperative a mere dml letter upon the statnehook, until the several Legislatures assembled, and gave them life by enacting State laws to carry them into effect. If the laws of the confederation were supposed to be unjust to a particular portion of country, or to operate unequally and oppressively upon particular States, such Slates refused to make provision for their execution, and thus suspended their operation. Upon such refusal, there wis n- 'more power to coerce ore.hencejthnn there is in the case now under consideration; and the Government founded itself in the humiliating condition of -being without the ability or means of enforcing its own enactments. In this connexion we invite the attention to the following passage in the federalist, illustrating the practical evils of this exploded theory, which is proposal to be rcsuscitatad in the second section of the apportionment act: 'In our case, the concurrence of thirteen distinct sovereign wills is requisite under i 1 1 1 to exercise, Ma.c icgisiappii.

in t'e e.eicie of doubtful Constitution, llie safest is to be found in the of the Government it- rious bri.tu-lies and practice has been uniform, ence of the people general. Troocrtv. except so much as tne should be please to allow them to retain, fn. of the Constitution to die passage of the exceeding three hundred dollars; and mat i act uu yer consideration, a nine more man a no man be released from his oMiga- year ag;) tions, under any law which not conform If the i Vocirine for in the second to these abstract principles. Would these section of ihat act be correct, it is a remark-rule be valid, impose upon ihe Suites i able fact, tlYat.

during the whole period four the duiv of changing their local legislnth i ntiiuii naH Irstory Vidros has never Govcrnmen's, produced by the laws the ns to oiilonn to the abstractions estahihetl exercised, or former operating upon tbe'lailcr in cor-' by Congress? Cru Congress refine to ex- the power i d' nornte and sovereign capacities, instc.d of ercisc a concurrent power oonferrfd bv the ill is said that bin.lin" the. panple 'individual! v. The eonsc- i Constitution; andm the very act of refusal, powers under til qiisnfe was, that, whenever Oongres pass- i prescribe the form ol its excrete by the el Iv.vs rc-iuirini the Shtes to furnish their; State legislatures? If those cannot 'e done quotas ol men, munitions ot war, in a case ol PanKruptcy, upon wmii pruci-or to perform any oilier act ncoeasary to the pie is it that Congiess may dirt rt the legis lative discretion oi me Males in regain 10 'elections? But let its further test this assumed right, by illustrations drawn from the same clttase of the Constiuiuon upon which the assumption is founded, fmt section vests the power of prescribing the times and places, as well as the manner of holding the elections, primarily in the State Legislatures, and ultimately in Congress. It is the duly of the former to act, and it is the privilege of the latter to suspend or alter their action. Congress has the same control over the time, that it has over the manner; and we do not question its right to prescribe either, or both, under the Constitution.

Rut, suppose that Congress had inserted a section in the apportionment act, declaring that the elections of Representatives should be held, in all the States of the Union, on one ami the same day, without naming the day. The same power which would authorized the Congress to declare that the members should be elected by without forming or specifying the districts, would authorize the provision that they should be elected on the 1 I i i i i ww same oay, wiinout designating me day. provides mat "earn House the provision would lie valid, and operative, Ijudire of the rlfetiVns. return? the confederation, to complete the execution of every important measure that proceids and binding in the one esse, it would be e-froin the Union. It has happened as was quaily so in the other; and if the elections to have been foreseen.

The measures of held in pursuance of Stat'? law hut in op-the Union ue not Iidcu executed; ihe (Win- position to such a provision, would be void (policies of the States Live, step bv r.tep, in the. one ease, tlicv would also le void in themselves to an extreme, winc has ntleiii'ih arrested all the wheels of the National Government, and brought them to iwfnl stand. Congress at this lime scarce- 1 ail of Uj ihe forms of administration till lb." States have tinv3 to upon a more subst.inli.'il substitute for the present shadow of a Federal Government." To remedy those perilous evil, and to "ve force, vigor, and vitality to the Govern-u, the whole system was changed in the lion of the Constitution, by distinctly the powers of the Federal and vernments making each supreme sphere, and giving the i well as the latter, the power of own laws, by making them the people directly and indi-iout the intervention of the res. 'o improvements were incor-new system, calculated to nonious and perfect in its resting upon that grand lie, in the absence of 1 shown that the forms dd not be maintained, the other. The two cases involve the principle the right of Congress 1 refuse to enactlaws making provision for flections, and at the rame lime to establish rules by which ihe States to crncd in vwt Legislation.

It is apparert, that, in legaul to the of hold ng lecinms, nu a uile would Le inopperative and impracticable, if not absured. All the States could never a-gree upon the same day; one would lix one time, and others differnt times, each to suit their own convenience, and insist that all the others should conform to the time it had established. The members would be elected on as many different days as the States, in their discretion, should prescribe, each for itself; and, like all the members of the present Congress, would demand their seats by virtue of elections held in pursuance of the only laws which prescribe the times, line oi consinicf practical ex pes self, in ail its inents, where and the Indec-tJi. it has been judicially determined by thv-' highest tribunal in the land, that, in such a ease, the practice establishes the construc tion so firmly and inflexibly that the Court will not consider the question open for discussion or inquiry. If the rule should be deemed sound and incontrovertible, with what irresistable force does it apply to a case where the practice of the two Governments has been uniform the one affirming, the other conceding, by every act of legislation, the correctness of principle; and where the people have yielded a universal acquiescence, without a murmur or remonstrance, and have sanctioned it at the polls, as often as the period of election has recurred? The resolution of the House, in ohdience to which we arc now acting, does not authorize or permit us to go intu an examination of ihe expediency, propriety, or relative merits of the'geticral ticket or district stems.or the policy of any other matter connected with the regulation of the times, places, and manner of holding elections.

The Constitution shall be the and quapfi- rations of its own n-em'-ers:" and the. in-I slruelions of tho House our inquir-j ics ithin these limits, We therefore submit following and recommend their adoption by the llmsc PoolrtJ, Thai the seer.rd section of "An act for the apportionment of Representatives irv'Tif the f.f'VPIVi! ble natiiot of the Hermitage. IJespatclies were also received, bearing the marks of the Texian Legation in Paris, which we opine are onlv second in importance to those received from the I'ni'cd States." The Texian Congress tx.ieunied on the instant, a resolution for the adjournment heviiur sed oih hnxs the 3d, this being 'he latest date from the seat of government. C. vmoJore Moore.

The Report of the J.i'iU Committee of Congress on the memorial of C( ii'im (lore Moore will be found in cur ahtest document (bat has been presented to the fell) degress during the session, and triumphantly refutes the charges made by the Executive and ti Secretary of War and Navy against this meritorious officer. The arguments by the Committee show conclusively that Commodore Moore has disobeyed no order, that it was in his power to execute, and that he has in every instance acted according to the established usuage of the Naval officers of civilized countries, consequently has not been guilty of either piracy, murder or treason. They show also that he has expended the money entrusted to his charge in the public service, and that there is a balance actually due him from the Government, over and above his expenditures. It must be peculiarly gratifying to this gallant officer, to find that so respectable a portion of the Committee appointed to investigate his conduct, have thus given their testimony in his favor; and it must be still more gratifying, that a large majority of the House of Representatives have expressed their full approbation of this report by its adoption. Hvvnton Tekprapb.

yvmm or, Dy attorney to he charged but once, Every rule entered Entering every continuance. Administering oath of affirmation Docketing every case to be charged but once, a Entering up judgment, Entering every decree, Taxing cost in any suit or action and conv thereof. The tterh of tht Superior Court For each writ. ri F.nlf rintr cnoh mnlinn The Clerka of tht 0(1 t. a v.

v.nwi man mose here inafter mentioned, Declaration in Ejectment, Order and copy of rule of refer. ence, Scire facias, except against jurors when excused, Each subpoena for one witness, Commissions to take depositions Each Execution, In Criminal Castn. For each writ, other than these here-inafier named, Arraigning prisoner and cntciir.g plea, Taking recegnizance, Swearing and enipanncllirg tech Suhpar.n with one I rotate For issuing lici nee and taking bend, 00 0 CO 0 JEFFKRMIM DEMOCRAT, RICHAM JACOBS, EDITOR. rtosrhiJio, Kalurday, Manh 3, '14. (7 lie Nominee rr If Pmreratic National Conven'ion.

SiX'li CI r. us. I'Mned 'ft. ip not in pursuance th t'f nst'- mison of the United Sia es, and valid, operative, and binding upon the States. (solved, That rdl the members of this House excepting the two eonested cases from Virginia, upon which no opinion is hereby expressedl have been ehv tcd in conformity with the Constitution and laws, and are entitled to their seats in this House.

From the N. 0. Bulletin, Feb. 14. Interesting and Important from Texas.

Hy the arrival of the steam-packet Neptune, from Galveston, we have very late advices lrom diherent parts of exas Droorrssflc State TOpc'nrs. JOSEPH W. MATTHEWS. iHitrnhcil. JEFFERSON DAVIS, of ll'arren.

JOSEPH BELL, of )fl niton. II. S. FOOTE, of Ninth. ARTHUR FOX, of Lairre.ner, R.

II. BOONE, of Tishemingo. ed for in the Con-'er of Legislation or where the terseded by ehend no may places, and manner of holding ihe elections, ing is a copy of an exlra from the office of In that case, the members Irom one State ihe Houston Telegraph, on Friday last. woutu oc eiccte in conloriruty to the rule Circumstances, as lar as we can judge, seem established by Congress, and from all the to warrant the belief, that the statements giv-other States in derogation of it. How would 1 en are substantially correct: the House determin which Slate had fixed! "Glorious Niws We the right, and which the wrong day; arid I have received intelligence from sources of ...1 1 iii i.i- i wnuse jvcpresuiiuuives iiau Deen eiecteu pursuance of, and whose in opposition to, the uniform rule prescribed by Congress EfiT The Rev.

John G. Deskin, will preach at the Academy, in this place, on the 8th of March, at candle-lighting; also, the The follow- Sunday following at half past three o'clock, P. M. Our thanks are due Hon. Jacob Thompson for public documents.

We have received the first number of the Southern Democrat, published at Pe Kalb, P. M'Allum editor and proprietor; also, unquestionable authority, that the Senate of j) I iu I Imtfii VlnlA. I ra.tf.ed a trer.v for the annexation of Texas Publlshed at Louis' for the government of the State Legislature? to the United Suites. The def patches rela- ville, by J. J.

Thompson, in conjinuation What would be the decision of the House liing to this stihicet have been forwarded the Louisville Messenger, both of which wtien me case arose all; for the case arose? It could not reject Washingw with ail posMble haste, in order i in favor of democratic principles, and members from Home one Stale that if ncemarV the Senate niavl con-1 i i i which) would have been e-; vened to ratify ihe trea.v the raM of Tex- 7 compliance with the rule. Still. as. This, however, will r.ot be 'M- (nobody kno ected in i 1 1 i an oiiiM oe. iioiniueo, or an reined.

In in tl.e necessity of the ease. A similar rule in pgard to the laces of holding the (leclioi's, Hide of voting, or the form of mi.king would inevitably lead to son.e prac- The report of Mr. Douglass, of Illinois, from the eomrniltee of Elections, to whom are brought irrrsistal ly to the interpretation (f this ticn requires that Con nate the t.iiic, specify manner, for our Congress, in smet sm n. 1 as fully mtliorzi'd the President to rat'l'v a tieatv fr il ls i biret innul s'i'Iv. 'I hpu may sum loo to true, but we e- "(fht of tho- members e- lierved it In ni letters written ly intelligent leeted by general ticket, their teats in the I'fiitlrnicn In the ei pital Uniied House of Representatives, in an able dom.

r.ent, and deserves a careful perusal from our S'atr Mid tl.e and discre-islatures. follow.from this is compelled to in that section, cise of every porno such principle. i times, the 'hem, in its trol the and we piece inn reliance in its uu- l.ienl cMy. Cn oral A.urby, who is here en bis way to Washington, dees not deny it; but his jovous smile? indicate too plainly, by i ihsit believes the day is close at hand, when ti youngest daughter of America, will be restored to ihe arms of the mother republic. Ere another harvest is gathered in Texas, the broad banner rf Washington may be unfurled in plory on our western border, and the burnished arms of American troops will be rvfietcd from the sparkling-waters of the Nueces.

Westward! the star of empire takes its way!" If the fact reported be true, the strains of exultation which the Telegraph indulges, columns to-day. It is, we think, the i Cerlilymg the tlicial act Justices ot the l'eaee, or other certificates with a seal, Administering oath to executors, collectors, administrators or guardians, taking bond and recotding the same, Giving Marriage Licence, taking bond, and recording certificate of marriage, and every thing pertaining thereto, The Clerks of the High Court of and Appeals, Supreme Court of Chal ice Chancery Court, Circuit Court, bate Court, for making up final record nishing copies of records, transcript! cording deeds and all other writing a struments required by law, to be red and copied, or, of which any person titled to demand and receive copies, 10 for each 100 words. Sheriff's. For victualing prisoners, white man per day, Negro per day, Making a deed of conveyance to Real estate, Serving a declaration in ejectment and copy thereof, Collecting monies by virtue of an exni for the first hundred dollars, twopr and all sums over one per cent. Jurors and ft'itnesttss.

They shall receive in all cases where they are required by law to at-tend, per day. Justices of the Peace. For each subpoena, er summons, in each ciul case, Each execution. Each attachment including bond and affidavit, Jaeh appeal with the bond and certificate, Taking the probate of any deed, mortgage, or other instrument of writing conveying real or personal estate, and certificate thereof, Taking depositions, each 100 woil cents. For Constable.

For levying execution and making the money thereon, Summoning coroner's inquest, Commissions in Ghanctrf Hereafter they shall receive the samj missions on sales under a decree of ai of Chancery, which sheriffs receive under execution, and no more. All officers before tvhoin deposit are taken. For administering oath and ccrtifi cate of the same, shall receive Writins or copying the depefH'1 nnireil to do SO. for ll 100 VCC-I cents. Executors or For the management of any cti.t' appraised value thereof, (tobe a.l'j tho of probate.) not lefs tPM more than five per cent.

Jmlse. of rotates. For examining, report.nff, and ting ea( account an exe. utor, Sidministrator, guardianjor tor, for the first sheet, Every sheet more than one, Each order for the appointment commissioners on the reprejen lion of an eslatp being inSven Apportionment of an insolvent estate iimnncr rrditnrs. fJrantirifr letlprs tcatanif ntatory.

ot letters of administration or fiuar dianship, s0 9 Pa further enacted laws or parts of laws contrary 1 ting with the provisions oi r-ncaled; and act be in force and take effect from its paseago. rentiers. flississippi Legislature A BILL To be entitled Jin Jlct to reduce Ihe fees of certain officers therein named. Sec. 1.

Be it tnat ted by the Legislature of the Slate of Th from and after the expiration of the time for which they were elected, the following named officers shall receive for their compensation the following named sums, (viz): The Clerk of the Supreme Court. For entering appearance, for either.