ever, of J. J. Marshall, and Dana, and Ben. oftener filled by such jurists, had not a suicidal Monroe, copious references are made (without parsimony withheld from the judges an aderegard to this interdict) to post-revolutionary quate compensation for the talents, learning, cases and treatises in England, and now that labor and responsibility which the best instatute may be considered dead. terests of the commonwealth demand for the

The Appellate court of Kentucky has gen-judicial service, in a court appointed to guard erally been able, and always firm, pure, and the rights and the liberties of the people, and faithful. It has been illustrated by some to settle conclusively the laws of the commonnames that would adorn any bench of justice or wealth.

age of jurisprudence. And it might have been

ADDRESS

the troubled scenes of earth. Such, always, is the slow-ripening fruit of rare merit-the posthumous destiny of God-like deeds.

Unheeded while he lived, Socrates, was doomed to the hemlock for teaching the ennobling doctrines of God's unity, and man's immortality, in defiance of the polytheism and leo was a martyr to his premature intimation of carnality of an idolatrous generation. Gallithe fact, then deemed by the Hierarchy contra

the sun.

Address delivered by Mr. Robertson in the Chapel of Morrison College, on the 22nd of February, 1852, at the request of the pupils of the Law Department of Transylvania University. Kentucky could not, this day, perform a service more grateful or more useful than to commemorate, in a becoming manner, the double anniversary of the birth of the noblest of illustrious Americans, and of a battle which shed a bright halo of glory around the column of her own fame. The advent on earth of that wonderful man may be as eventful to they to the Bible, that the earth revolves around temporal, as that of the crucified Messiah will be to the eternal welfare of mankind. And, in the magic fight of Buenna Vista, Kentuckians stood, Kentuckian-like, side by side with gallant sons of other States, and, as a forlorn hope, against mighty odds, gloriously triumphed on that bloody and hard-fought field. We should honor the survivors of that devoted band and never cease to cherish the memories of those who, sealing with their blood their own and their country's glory, fell, to rise no more until the judgment day.

theory of the solar system was acknowledged. Copernicus was dead long before his Bacon tasted none of the fruits of his novum organum, and died in disgrace before his inColumbus fell a victim of persecution without ductive philosophy obtained useful circulation. even the consolation of a prophetic glimpse of the glorious destiny of the American world or of his own deathless renown as its discoverer and the first Pioneer of its civilization. And Washand more honored at his death-had, while he ngton, too-though more fortunate in his life, lived, to encounter, like all human benefactors,

But the times make it more appropriate to this occasion to consider the life of the bene-envy, calumny, and blind party spirit; and took factor born than the history of that great victory

won.

TON.

A good man lives, not for the present chiefly, but for the future-not for himself only, but also for his country and his race. Such a man, pre-eminently, was GEORGE WASHINGHis was a model life. Full-orbed and spotless, its light may be as benificent to the moral, as that of a cloudless sun is to the physical world. It was his lot to be born, to live, and to die in a country and at a time signally interesting and eventful to mankind -a country which seems to have been re'served by Providence as the fittest theatre of moral development and social progress-and a transition period when the condition of the old world supplied the fruitful seeds of civil and religious liberty for transplantation, growth, and fructification, on the virgin soil and congenial clime of the new. And, on that arena, and at that crisis, it was his fortune so to act his part in the momentous drama of his day as to embalm his name in the human heart as long as it shall beat with a virtuous or grateful emotion. Washington dead is, to the present and the future, worth even more than Washington living. Though one hundred and twenty years have elapsed from his birth and more than half a century from his death, his virtues are more fragrant and his name more hallowed now, than when he left

than half a century, it would be the most happy
leave of his country, unconscious that, in less
statne would be the central figure in the pan-
and hopeful under the sky, or that his own
theon of men. But, though the declining sun
scured by envious clouds, the serener star
of his earthly pilgrimage was partially ob-
of his fame, rising higher and higher,
and growing in its ascent larger and more
and beams with a matchless ray in the centre
effulgent, has now
of a constellation that will never fade away.

reached its meridian

The light that pours from that refulgent orb --unlike the lurid glare of Mars, or the meteor blaze of the victorious chieftain, or the deceptive phosphorescence of the demagogue-is chaste and parental like that of vestal fire gleaming on the altar of virgin purity; and will ever safely guide the virtuous citizen and statesman in the pathway of private, as well as of public life. This distinguished destiny was the offspring--not of furtune, nor of war, nor of what men call genius, but of right principles and unceasing allegiance to them--of constant devotion to duty in all the walks of life, and of an unreserved dedication of head and heart to virtue, to conntry, and to God.

As a man, Washington was modest, selfdenying and upright—as a citizen, he was just, prudent, and patriotic--as a commander of armies, he was cautious, skilful, and firm—as

a civil magistrate, he was wise, conscientious commemoration. It was his presiding influence and self-sacrificing-exhibiting in all his life, in laying the foundations of our Union; his agenpublic and private, in peace and in war, in cy in consolidating its peerless superstructure Church and in State, virtues and graces rarely, and, above all, the wisdom and benevolence if ever, combined in any other human charac-of his Farewell Address, which have contribter, and worthy of imitation by all men in alluted most to chrystalize his fame and to enconditions and in all times. He seems to have twine around it an amaranthine wreath of been born for his country, and his age; and the chaste and sun-light glory. country and the age seem to have been prepared by Providence for just such a man. With out his aid our country's independence might not have been achieved or blessed-without his counsels the Constitution of the United States might not, and probably would not, have been adopted-and without his gurdian care and the magic influence of his name that hopeful offspring of "the times that tried men's souls," might and almost certainly would, have been strangled in the cradle of its existence.

would be rewarded-our Country would be peaceful, happy, and truly great-and our institutions would soon be rightly understood and commended to all civilized nations.

To contemplate such a character and review the life of such a man must be cheering and eminently useful. For that patriotic purpose chiefly, we have all come here to-day. We have not come to indulge in idle praises of the Father of his Country; his memory needs not our eulogy. Our purpose is nobler and more substantial far; it is to learn his principles and pledge our allegiance to them-to recite his counsels and resolve to follow them. And if every citizen of the United States would do this His administration of the Executive Depart in the proper spirit and faithfully profit by it ment during the first eight years after the in- as he ought, this Union would be impregnable auguration of the General Government was an-Justice would be sure-Liberty would be admirable illustration of the beau-ideal of a safe-Virtue would be encouraged-Talents constitutional President. He carefully studied his duty and sincerely endeavored to discharge it for the public good alone. No personal or party consideration controlled his official conduct. In appointing to important office he At a crisis so pregnant and novel as the consulted superior fitness only-detur digniori, present, the occasion of our assembling could was his maxim; and disregarding the importu-not be more appropriately or usefully improved nities of vulgar suppliants for place, and giv- than by considering our organic institutions, ing but little heed to subscription papers or and the precepts of him who was their chief other procured documents of recommendation, architect. But time will circumscribe our he always selected those he deemed best qual-present contemplations to a very general noified for the stations to which he called them.tice of the Constitution of the United States He considered his patronage as a sacred trust as it came from the hands, and was illustrated confided to him, and to be exercised by him, by the admininistration and the farewell adnot for his own gratification, but for his coun- dress of Washington. try's welfare; and he never presumed to perThe people of the thirteen North American vert it from its constitutional design or stooped Colonies, long trained to actual freedom and to prostitute it to any selfish purpose or am-social equality, felt it to be their duty to resist bitious aim. By his stoical firmness and com- the pretension of England to govern them "in prehensive patriotism he illustrated the true all cases whatsoever," without allowing them principles of the National Constitution, nour-the benefit of representation in the British ished and saved it in its perilous youth, raised Parliament; and, for concerting united oppoit to robust manhood, and, by his non-inter-sition, they constituted the first "Continental vention heroism in 1793, rescued his country Congress," which met in Philadelphia, Sept. from the vortex of the French Revolution, and 5th, 1774, with unlimited discretion to take set his seal to the only safe international care of "the common welfare;" and the conpolicy of Republics. stituent political bodies then, for the first time, But, though, in his moral and intellectual assumed the title of "the United States." character, he combined the cardinal elements That initial union, without any formal compact, of a good and great man--though his life hap-was not only voluntary as to its power and dupily exemplified the personal and civic virtues ration, but purely federal. During the revocrowned with the graces of a pure religion-lutionary war, which soon succeeded, "articles though, as commander-in-chief of our Revolu- of confederation" were adopted by the States, tionary Army, his Fabian prudence and extraor- cach for itself, in its political capacity, and dinary self devotion earned for him a diadem of each, by express stipulation, retaining absolute honor eclipsing any that ever sparkled on the sovereignty. That league of independent head of an Alexander or a Napoleon, and though sovereigns, with no common umpire and withthe unanimous voice of his countrymen spon-out any other Government than the separate taneously called him to the first of civil sta- Governments of the States, each acting for tions-yet all these titles to grateful remembrance, rare and distinguished as they were, would not consecrate, as it is consecrated, his birth-day to religious observance and patriotic

itself alone, left the Union dependent on the will of each local sovereignty without any inherent power or principle of life. The common council was merely advisory. Its sphere

of authority was quite cirumscribed, and con- That the constitution, as adopted, establishfined to what was "expressly delegated." It had no power to uphold even that. Its acts were addressed to States, and in no sense to persons; and were, of course, not laws, but recommendatiors merely, which might be observed or disregarded at the pleasure of all or any of the confederate States. That confederation had not one element or faculty of a common Government-to the existence of which the right to enact laws for the whole people and the self-sustaining power to enforce them against every citizen, are indispen

sable.

vention against the adoption of it was that it constructed a National Government which would operate supremely over every person within the limits of the Union, "any thing in any State Constitution to the contrary not

not by a denial of the allegation, but by ar guments to prove that such a Government was indispensably necessary for the Union of the States, the security of the people, and the maintenance of national honor abroad and of peace and justice at home.

ed a General Government, supreme in its authority and national in its operation on the people of the United States, may be demonstrated by a consideration of the avowed objects of its adoption, of the history of its ratification in each State, of its provisions, and of its practical operation ever since it was announced as "the supreme law of the land." Such a Government could not be established without delegating to it portions of the independent sovereignty of the States the States alone had the authority to make as previously confederated. The people of that transfer, and thus modify and subordinate Wise and conservative men soon saw that their State sovereignty. And they did it— the maintenance of Union and of the liberties those of each State for themselves-just as which could not be assured without it would they established their local Government. The require a radical re-organization-substituting people of every State in the Union are india union of the people for that of States-avidually parties to the constitution. It binds Government for a league-a National Govern- each and all-is addressed to each and allment for a confederate compact between inde- and is a law over each and all of them. The pendent sovereignties uncontrollable by any prominent objection urged in each State Conpolitical power above them. Washington urged the absolute necessity of some such change in the principle of the Union, and many of his compatriots concurred with him. As early as 1781, Pelatiah Webster, in an withstanding." And that objection was met, able pamphlet, demonstrated the insufficiency of the articles of confederation, and suggested & Continental Convention for improving the instrument of Union. In 1782, Alexander Hamilton urged the same thing, with objects rather more explicit. In 1784, Noah Webster, in one of his miscellaneous publications, pro- chief difference between a human and poliA political constitution is organic law. The posed the adoption of "a new system of gotical constitution is, that the first organizes enment, which should act, not on the States, and constitutes animal life, and the last but directly on individuals, and vest in Congress full power to carry its laws into effect."ganizes and constitutes political sovereignty. Each therefore, is for the same reason called So far as we know, this was the first proposi-a constitution, and is necessarily supreme, tion for a supreme national government a fundamental and inviolable. constitution of national sovereignty instead of quently must be the true character of the "cona league among sovereigns. But often after-stitution" of the United States-so labelled wards many illustrious citizens urged the same on its front. It also constructs a complete thing. In April 1787, James Madison, in a machinery of National Government and elabletter to Edmond Randolph said: "I hold it for orately organizes National power. It was ina fundamental point that an individual inde-tended, therefore, to be law, fundamental and pendence of the States is utterly irreconcilable paramount: and to remove all doubt, the peowith the idea of an aggregate sovereignty. I ple, when they adopted it, stereotyped on its think, at the same time, that a consolidation face that it "shall be the supreme law of the of the States into one simple republic is not land." As such a law it has always operated less attainable than it would be inexpedient. Let it be tried then whether any middle ground can be taken which will at once support a due supremacy of the national authority, and leave in force the local authorities, so far as they can be subordinately useful. Let the National Gov- The people, in adopting it, expressly surernment be armed with positive and complete rendered many of the highest attributes of authority in all cases where uniform measures State sovereignty-such as the power to coin are necessary, as in trade, &c., &c." This money, declare war, regulate commerce, estabwas, probably, the first recorded proposal of a lish post offices, impair the obligation of conConstitution of a General Government, na-tracts, pass ex post facto acts, emit bills of tional and supreme as to all national interests, and federal also with local supremacy in the States to the extent of concerns exclusively affecting each State seperately and alone.

or

Such conse

since the first inauguration of Washington: aud as such a law it will continue to operate as long as the Union shall last or the principles of Washington shall be generally respected.

credit, &c.; and delegated the most useful of these and other powers to the general Govern ment. The Union could not be preserved without a national government vested with supreme

powers co-extensive with all the interests and passionately and deny that this vital power objects common to the people of the United still exists among us as elsewhere, and that it States as one presiding nation, for all interna- belongs to our General Government, to which tional purposes abroad, and for such at home it has been confided by the people as a great as concern domestic peace, harmony and jus- trust for their own common welfare. ⚫tice:-as to all those ends,' all the people of all The powers expressly granted by the conthe States are but one and the same family-stitution carry with them all appropriate all should be represented, and the voice of a means for effecting their ends-excepting only majority, consistent with the charter of asso-so far as the constitution prescribes limitations eiation, should prevail over that of a minority on the means which might be employed. -the interest of the whole must be preferred When not so limited any mean is constituto that of a fraction-the whole must govern each and every part.

No other theory can be consistent with the Declaration of Independence, the representative principle, or the self-preserving power of the Union. No State, which does not desire to destroy the Union, should arrogate or wish to exercise exclusive power over the rights or interests of the people of other States-common interests should be regulated and controlled by common councils-and all such interests as belong to the people of a single State should be regulated by that State alone.

tional which relates to the end of an express power, and will tend to effectuate it. When the people granted to the General Government an express power, they, by necessary implication, granted the right to employ any means for fulfilling the end of that power which the charter itself does not withhold, and which they themselves might have employed for the same purpose had they not entrusted the power to other hands. Every mean adapted to the end of an express power is therefore constitutional, unless it be prohibited by the constitution, or be inconsistent with its genius or Such was the purpose and such is the true design. Any one of many various means theory of the constitution. It delegates all may tend to the effectuation of an express national power to the General Government, power-which of them shall be applied is a and leaves all local power with the individ- question of policy, not of power. Policy ual States-which, for national ends, consti- changes with the times, but, as long as the tute but one nation, and, for local purposes, constitution shall continue unaltered, every a confedration of States. The powers grant- power which ever existed under it must coned to the common government are necessarily tinue to exist. And, of the various means resupreme and plenary, except so far as express-lating to the end of an express power, no one ly limited by the constitution. This may be can be unconstitutional merely because anillustrated by the power to regulate foreign other may be considered more expedient-for commerce. The States transferred to the then power would depend on policy, and would General Government all their pre-existent be equally fluctuating and always questionable, power over that entire subject; and any at- instead of being, as it must be, fixed and uni tempt made by a State to interfere with it, in form-and then, too, there would be no implied any way, would be an act of usurpation and power to do any thing except that which is most consequently void. Congress must therefore expedient; and moreover, that might be constihave as much power over external commerce tutional one day which was unconstitutional as each of the States had when politically in- the day before, or might be so the day after. If dependent, except so far the constitution re- the charter of the first National Bank approvquires uniformity of regulation. Each Indeed by Washington, was constitutional, the sependent State, before the adoption of the con- cond signed by Madison, was not unconstitustitution, had as much authority over its for- tional-nor, if the first was unconstitutional, eign commerce as any sovereign nation on could the last be constitutional, even though earth could possess. Every independent sov- the times might have made it more useful and ereignty may regulate its commerce according expedient than the first. The only test of the to its own will, and so as to protect its own validity of either of them was whether, as a capital, encourage its own products, foster its fiscal agent, it operated as a means for effecting own industry, and promote its own manufac- the ends of the express powers over the curtures. This universal, conservative, and neces-rency, or over the safe keeping and transmissary power must, beyond doubt or question, sion of the public monies. If it did so opehave been delegated to the General Govern-rate, it was constitutional, even though some ment by the people of the States, who severally more popular means to the same ends might possessed it until they surrendered it by adopt- have been selected--and if it did not so opeing the National Constitution, and retained to rate, it was unconstitutional, however acceptthemselves no portion of it. This, too, is able or beneficial it may have been. Whether Washingtonian doctrine. One of the first it was, altogether, the best mean, might have acts of Congress to which he affixed his approv- been doubted-but whether it was a mean ing signature recognised, on its face, this adapted to any of the ends of express powers, principle of protection. And if this be not none could consistently deny; and, therefore, constitutional, then, by adopting the constitu- if there was no implied power to organise and tion of the Union, the people annihilated the establish it, the same process of construction power to protect themselves against the selfish which would lead to that conclusion, must inpolicy and legislation of foreign governments. evitably result in the denial of all implied But no sane man can read the constitution dis-powers. So Washington thought—and so