lamation of the President of the United States, dated Dec. 10, 1832, and the general measures of his administration," was taken up and considered,

On the question, Will the Senate concur in the said resolution? The yeas and nays were required by Mr. Carr.

Mr. Handerson called for a division of the question.

On the question, Will the Senate concur in that part of the resolution, which is as follows, viz:

"Resolved by the Senate and House of Representatives in General Court convened, That the sentiments contained in the Proclamation of the President of the United States, dated Dec. 10, 1832, meet with the entire approbation of this Legislature?"

Those who voted in the affirmative are Messrs. Drown, Bartlett, Carr, Whittemore, Farrington, Bean, Woodbury, Knowlton, Handerson, Jackson, Burns and Williams.

On the question, Will the Senate concur in the remainder of said resolution, which is as follows, viz:

And that we hail in these sentiments, and in the general measures of his administration, and particularly in the salutary exercise of his Veto, a Chief Executive Magistrate, whose devoted patriotism and moral courage are equal to any crisis, and under the guidance of whose wisdom the ancient Landmarks of the Constitution will be preserved, and the confidence reposed in him, as manifested in his recent election by a vast majority of the American people, will be fully justified. And resolved further, That the Secretary of State be directed to transmit a copy of this reso lution to the President of the United States, and to each of our Delegates in Congress, and the Governor of each State in the Union"?

Those who voted in the affirmative are-Messrs. Drown, Bartlett, Carr, Whittemore, Farrington, Bean, Woodbury, Knowlton, Jackson, Burns and Williams.

Mr. Handerson voted in the negative.

So the resolution passed.

Ordered, That the Clerk notify the House of Representatives accordingly.

Mr. Williams, from the committee on Banking Institutions, to whom was referred the bill entitled, An act to incorporate the President, Directors and Company of the Lancaster Bank, reported the same without amendment.

On the question, Shall the bill be read a third time?

It was determined in the affirmative.

On motion by Mr. Jackson-

The Senate adjourned.

AFTERNOON.

Met according to adjournment.

The bill entitled, An act to incorporate the President, Directors and Company of the Lancaster Bank, was read a third time. Resolved, That it pass.

Ordered, That the Clerk notify the House of Representatives accordingly.

A message from the House of Representatives by their Clerk. "Mr. President: The House of Representatives have passed the following resolution, viz:

Resolved, by the Senate and House of Representatives in General Court convened, That the report of the select committee, to whom was referred so much of the Governor's message as relates to" certain new and dangerous opinions in regard to the respective powers of the General and State Governments," be accepted; and that the same be promulgated, as containing the sentiments of this Legislature"-in which they request the concurrence of the Senate."

And he withdrew.

The Report accompanying said Resolution was read, and is as follows:

Your committee, to whom was referred so much of his Excellency's Message as relates to "certain new and dangerous opinions in regard to the respective powers of the General and State Governments,"

REPORT:

That they have approached the subject, fully aware of the delicate nature of the duty assigned them; not doubting, on the one hand, that the people of this State entertain an unshaken and immovable attachment to the Constitution of the Union in all its general and characteristic features, while at the same time they would abjure and condemn in unqualified terms any system of legislation, the direct or remote consequences of which would be to enrich themselves at the price of the oppression or impoverishment of a sister State. They would then most deeply and heartily sympathize with our brethren of the South, under the evils of which they complain; we would meet them in a spirit of conciliation, extending to them most cordially the right hand of friendship, and show them, not by our words alone, but by our actions, that the spirit which led our fathers side by side through the glorious struggle of our revolution, and which formed our present Constitution on the principle of mutual forbearance and concession, is not yet extinct among us.

We would show them that our patriotism and love of liberty is measured by something else than dollars and cents. We would therefore most earnestly recommend to Congress, in this spirit, to adopt such measures as may justly tend to remove the cause of

dissatisfaction, a due regard being had to the interests of the whole Union. But while your committee would go thus far for the sake of the Union, they would enter their solemn protest against the principle contended for, that one State possesses the right to nullify, resist, or set at naught an act of the Congress of the United States. Such a right they have no hesitation in declaring, is, in their belief, inconsistent with the very idea of the union of the States. On this subject they cannot be too explicit. They would deny it in all its forms, in whatever questionable shape it might present itself. They cannot perceive the least difference between the concession of this right and an abandonment of the Union: if such a distinction exists, it has escaped the penetration of your committee. At a time when speculation is busy calling in question the first axioms of government, and denying the correctness of those principles which have heretofore been held indisputable and sacred, your committee have thought that a recurrence to the fundamental principles of our confederacy, as laid down by the fathers of the Republic, would better subserve the interests of the country, than any suggestions which they might make.

A certain State Paper, entitled "The solemn declaration and protest of the Commonwealth of Virginia, on the principles of the Constitution of the United States of America, and on the violation of them," drawn by Thomas Jeffersen, closes in the following

manner :

"And as a further pledge of the sincere and cordial attachment of this Commonwealth to the union of the whole, so far as has been consented to by the compact called "The Constitution of the United States of America," (construed according to the plain and ordinary meaning of its language, to the common intendiment of the time, and of those who framed it); to give also to all parties and authorities time for reflection and for consideration, whether under a temperate view of the possible consequences, and especially of the constant obstructions which an equivocal majority must ever expect to meet, they will still prefer the assumption of this power, rather than its acceptance from the free will of their constituents, and to preserve peace in the mean while we proceed to make it the duty of our citizens, until the legislature shall otherwise, and ultimately decide to acquiesce under those acts of the Federal branch of our government, which we have declared to be usurpations, and against which in point of right we do protest as null and void and never to be quoted as precedents of right. We therefore do enact, and be it enacted by the General Assembly of Virginia, That all citizens of this Commonwealth, and persons and authorities, when the same shall pay full obedience at all times to the acts which may be passed by the Congress of the United States, the object of which shall be the construction of post roads, making canals of navigation, and maintaining the same in any part

of the United States, in like manner as if said acts were totidem verbis passed by the legislature of this commonwealth."

It should be borne in mind that this is the close of a solemn protest of the legislature of Virginia, against the right of the General Government, to pass laws for the making of roads and canals, and yet under the temperate counsel of a Jefferson, acquiescence and remonstrance and not nullification was the proposed remedy. The following is from Washington's Farewell Address.

"The unity of Government which constitutes you one people, is also dear to you. It is justly so. For it is a main pillar in the edifice of your real Independence; the support of your tranquillity at home, your peace abroad, of your safety, of your prosperity, of that very liberty which you so highly prize. But as it is easy to foresee that from different causes, and from different quarters, much pains will be taken, many artifices employed to weaken in your minds the conviction of this truth. As this is the point in your political fortress, against which the batteries of external and internal enemies will be most constantly and actively (though often covertly and insidiously) directed; it is of infinite moment that you should properly estimate the immesne value of your national union to your collective and individual happiness. That you should cherish a cordial, habitual and immovable attachment to it.

Accustom yourselves to think and speak of it as the palladium of your political safety and prosperity, discountenancing whatever may suggest a suspicion, that it can in any event be abandoned, and indignantly frowning upon the first dawning of every attempt to alienate any portion of our country from the rest, or to enfeeble the sacred ties which now link together the various parts."

Such were the doctrines of Jefferson, and such was the advice of Washington. Our government was formed in a spirit of compromise and concession, and by such a spirit it must be preserved. But should not these measures of peace and conciliation be met in a like spirit, by those who are disaffected? We rely upon the wisdom and firmness of those to whom the good people of these United States have delegated the necessary powers, to adopt such measures as may to them seem best to preserve the dignity of the government, and the integrity of the Union."

Your committee believe that the liberty and union of the States are inseparable, and that the one cannot long exist without the other. We would then make one more appeal to our disaffected brethren; we would exhort them to pause, in what our consciences constrain us to call, their mad career; to reflect that this is the last abode of freedom; that liberty is here trying her last experiment, whether civilized man is capable of self-government. If she fails now, she fails forever. The last hope of the philanthropist will be blighted, and the thick darkness of anarchy and despotism will settle upon the hills and vallies, Low verdant with the cheer

ing influences of the sun of liberty. Let us see to it, that the men of this generation have no agency in producing so direful a catas trophe; for then will the croakings of legitimacy have proved too true; then indeed it may be said, Washington and Jefferson have lived, and Warren has bled in vain.

JOHN P. HALE, for the committee.

On the question, Shall the said resolution pass?

It was determined in the affirmative.

Ordered, That the clerk notify the House of Representatives accordingly.

On motion by Mr. Whittemore-

The bill, entitled "An act in addition to an act entitled an act empowering school districts to build and repair school houses, passed July 6, 1827," was taken up and considered.

On the question, Shall the bill be read a third time?

It was determined in the negative.

Ordered, That the Clerk notify the House of Representatives accordingly.

On motion by Mr. Handerson

The Senate adjourned.

WEDNESDAY, DEC. 26, 1832.

Met according to adjournment.

The bill entitled, An act to incorporate a Company by the name of the New-Hampshire Bridge, was read a third time.

Mr. Drown submitted the following resolution, viz:

Resolved, That the further consideration of the bill entitled, An act to incorporate a Company by the name of the New-Hampshire Bridge, be postponed to the next session of the Legislature, and that the Justices of the Superior Court, be requested to transmit to the Senate at its next session, their opinion on the question herein proposed upon the following statement of facts: to wit:

The Legislature passed an act June 20, 1793, to incorporate certain persons for the purpose of building a Bridge over Piscataqua River, between Bloody Point and Furber's Ferry, so called, and for supporting the same.

Said act provides, That the exclusive right, of building and maintaining a bridge across said River Piscataqua, any where between Walter's Point, so called, being easterly of Knight's or Bloody Point Ferry and Nanny's Island, so called, laying at the bottom of Great Bay above Furber's Ferry, be, and the same is fully granted to said persons, and such as are or may be associated with them and become proprietors, their heirs and assigns.

Had the Legislature power to grant such exclusive previlegeand does the charter protect the whole extent of territory between said points, or is it confined to the place where the corporation have elected to build their bridge, leaving the residue of the terri