position; he forgot the claims and trampled upon necessarily implied that it should be free. How the rights of the nation. But though the people then could this essential part of the constitution be had neglected the necessary precautions through reconciled with individuals appointing members of joy in receiving their banished monarch,, his cold the house of commons? He here begged leave to and cruel heart only availed itself of this to enslave read from a petition presented in 1793, for a rethem, and for this purpose he attempte! to corrupt from in parliament, by a most enlightened and most the house of commons; and this was the first deli- respectable society: the constitution of that house berate attempt at that mode of controling the wish-was so well desected, if he might use the expres es and the interests of the people. The nation had sion, in the petition, that he was astonished so ma been guilty of the generous folly of receiving himny years as have since passed could have elapsed without the stipulations necessary both for the se-without any enquiry into its justice and truth. The curity of the state, and for the safety of the crown; petition had been so frequently and so well known, and took back, unconditionally, one that otherwise hat he would not tale the house with the whole would have lived a wanderer upon the face of the of it; he would only read the following part of it:earth. In return he attempted to corrupt their The petition, after mentioning several other griev house of commons. Charles II. continued parlia- ances and inconveniences resulting from the state ment for 16 years; yet this parliament,this pensioned of the representation, and requiring redress, stated parliament as it was called, would not sacrifice the that 84 individuals "do, by their own immediate interests of the nation, or sell the liberties of their authority, send 157 members to the house of comfellow subjects, and it was therefore dissolved.-mons; and that this the petitioners were ready to During the remaining part of his reign, struggles prove at the bar of the house if the fact was disput were revived and continued as in his father's reign. ed, and to name the members and the patrons."James II. committed many outrages, but none more The hon. bart. asked if the nominees of such indiviflagrant or more offensive than attempting to cor-duals could be supposed to be a free representation rupt elections, and he was in consequence obliged of the people? And yet, perhaps, members so returnto abdicate the throne. He now reached! the period ed constituted nearly 3-4ths of those who now heard of our revolution: this surely was not too remote him. The petition went on to state "that in addito be appealed to; the doctrines it expressly avow- tion to the 157 members so returned, 150 more, maed were not to be branded as new, and new-fang. king in all 307, are returned by the recommenda led. They would find in the declaration of Wil tion of 70 powerful individuals added to the 84 before liam, among his reasons for coming with an army mentioned, and making the number of patrons altointo England, that law was not properly administer gether 154, who return a decided majority of the ed, that legal corruption deprived the people of house." One hundred and fifty four individuals justice and redress; this was a very great evil, and thus claimed and exercised the right of disposing, called loudly for a remedy. Another reason, and a by their agents, of the lives, liberties, and property, very strong one certainly, was, that juries, the great of the millions of inhabitants who composed the bulwark of the liberty and safety of the subject, subjects of this kingdom. Did not this seem in were not fairly chosen, but selected for the purpose itself a usurpation? did it not seem a grievance of seizing the crown; but the main reason, the reason which called loudly for a remedy? If he were reassigned in the very front of this declaration, was quired to submit to any arbitrary power that had the corruption of the house of commons; that interests contrary to that of the people; if oppression if parliament were not allowed to be freely elect- were to be permitted from any quarter, he would raed, or to consult independently what was for the ther endure it from the crown than from individuals benefit of the nation; that tampering was used in who could control the crown-who kept both the electing and influencing them; that undue means king and the people in bondage; who destroyed the were applied to procure compliance with the will constitution, and united in themselves all the pow. of the sovereign. The revolution was principally, ers and prerogatives which it ought to possess. therefore, in order to procure a full, and free and We could not read the opinions of any of the authors fair parliament: this was proved by the admission who had spoken of our constitution without finding of James II. himself, who knew what was right, that their authority was in favor of a change of systhough he did not practice it. Many noblemen, tem, and that they declared against the present state who were attached to him, and anxious to support of things. Mr Justice Blackstone, who, in his own his reign, petitioned for redress of many abuses; time, was regarded as rather a courtly lawyer, and above all, for a parliament "free in all its circum- was accused of not being sufficiently alive to corstances." He answered, that he could not get a ruptions and abuses, but whose book now (so much parliament so elected, unless the prince of Orange had our opinions been altered within the last were removed from the kingdom. It was then, at half century) might almost be considered as speakall times-it was by the laws of this country, it was ing jacobinism, had laid down principles which by the practice and history of the nation, always-showed the necessity of a reform. He had said, that a high crime to corrupt the parliament, or use any there were three powers in our mixed legislature, means to make them subservient to arbitrary purposes. It was one of the charges of impeachment against Richard II. and one of the reasons for de throning him, that he had packed parliaments.During the whole of our history to that period, parliament sat little more than five months; then there was a new one. There were few instances of proroguing; and when this violation of the law was at tempted, it was always moderately. Richard II. and James II. lost the throne for their abuse of it. While such signal instances were recorded in our history, while the bill of rights recognized our claims, could it be contended that we were not entitled to a free election of parliaments: An election

the king, lords, and commons; that these three powers ought to be kept distinct; and that the latter especially, as the guardian of the people's rights, ought not to be under the influence of the former; for, added he, if the other two branches influenced the house of commons, which emanated from the people, and constituted their natural protectors, there was an end of the constitution. So firmly convinced was the learned commentator that the people ought to be represented, and thus had a right to govern themselves by delegates elected by themselves, that he conceived the force of laws and the necessity of obedience resulted from this principle. "The lawfulness of punishing criminals (said

he) is founded on this principle, that the law by to which he alluded on this subject was no ne v which they suffer was made by their own consent." law, it was nearly as old as parliaments. The Was it to be borne, then that instead of being go- statute of Westminster I. prohibited any interferverned by laws made by our own consent, instead ence of great persons with elections, and expressly of seeing a full and free representation, instead of enacted that they should be free. It was written seeing the majority of the people deputing those in old French, and said, that no great man should who were to legislate for them, the nation was to disturb the electors when in the exercise of their be ruled by a few borough-mongers? Would it be duties; that, "because elections ought to be free, said that no representation of the people was in the king commanded, upon great forfeiture, that tended, but that those men were to enjoy all the no maa, by force of arms, nor by malice or mepowers of the constitution in their own hands; that nacing, shall disturb any to make free election." they were to be the real sovereigns of England, and This law was the foundation of the resolution passed dispose of our lives, liberty, and property, at their at the beginning of every session, "that it is a high pleasure? Different writers, according to their infringement of the liberties and privileges of the taste, their education, or their peculiar bias, had commons, for any lord of parliament, or any lord. pointed out the advantages, and supported the lieutenant of any county, to concern themselves in excellence of different species of government. The the election of members of parliament." What republican, the aristocratical, and the monarchical had now become of this law and this resolution? form of administration had all had their panegyrists; They were allowed to sleep; they were never acted but no author that ever he heard of had ever prais upon; or rather they were perpetually broken, and ed an oligarchy. (hear.) In an aristocracy, the in-had become a dead letter. A reform in the house terests of the nobility and the people might fre-of commons, so as to destroy this power of interquently be the same; and, at any rate, the form of go-fering, would be of more service than any law vernment did not imply an opposition between them. prohibiting it. The bill of rights had likewise This might, therefore, be a good government in cer- declared, that elections should be free; but more tain circumstances. The same might be said of abso- would have been done towards securing that ob lute monarchy. The reigning prince might sometimes ject by enacting, that there should be a more frehave the wisdom to see that his interest and that ofhis quent and more universal exercise of the right of people were inseparably united; that he could enjoy suffrage than by the long declaration of rights on power and resources only in proportion as he promot. which that bill was founded: one line to this effect ed their welfare; and that a higher reward could would have been more efficient than all other laws be reaped in their approbation of his exertions to and resolutions whatever. At the time of the promote their happiness, than in the gratification of revolution, the parliament, called the convention that senseless caprice and inverted ambition that parliament, because it was disposed in some cases would lead him to destroy their liberties, and to go counter to the wishes of the government, was to squander their property. Democracies, with not suffered to remain so long assembled as to more plausibility, had been often the subject of execute the great work of securing the freedom of encomium and recommendation. They had in the representation. It had declared ex officio inthe history of the world performed wonders.-formations by the attorney general to be contrary All who heard him would remember with what to the laws of England; and although there was a enthusiasm, when young, they had read of the pro- great spirit of freedom in the government of that digies of valour and conduct for which the ancient time, yet, like all governments, it was averse to republics had been distinguished: how celebrated an abridgment of its assumed powers. Ex-officio they had become for the energy, the intellectual informations were then declared to be illegal; and improvement, and scientific progress of their citi the history of this species of proceeding since, zens. Indeed, no form of government had called would be sufficient to excite our wonder at the forth more talent, more industry, more resources, change in our sentiments, and to call for a cautious and been distinguished by more remarkable deeds jealousy over our remaining freedom. That prothan the democratical. For energy, in particular, ceeding, then denounced by parliament, was now it transcended the rest, and had received the sup- declared to be law; and power was put into the port and praise of many great men. But an oligarchy hands of the attorney-general of imprisoning or could boast of having performed nothing laudable; holding to bail (which was equivalent to the power of having done nothing that could be approved; of of imprisonment) any person whom he chose so to having to panegyrist, (hear, hear.) Some oli- treat on his simple ex-officio information, What garchies, however, were not so objectionable: they now became of the law for protecting the liberty were merely aristocracies with a narrower basis, of the subject; what became of that law which where the interests of the governors were not ne- lord Cake called the bulwark of our freedom; our cessarily opposed to those of the people. The personal security? What signified all that was oligarchy of which he was speaking was, however, said about our presumed innocence and perfectof a different character; it was an oligarchy of impunity till our guilt was declared by a jury of borough-mongers, whose interests were at variance our peers? All this was now mere rhapsody (heur, with those of the rest of the nation; who corruptly hear. It had no existence, except in the imaginausurped powers that did not belong to them, and tion. The constitution which we were taught to trampled upon the rights of the people at their praise so highly, and on which we were desired to pleasure; in short, it was the most odious, the most rely so firmly, was found too fragile and insecure; degrading, and the most galling of all oligarchies. and a set of borough-mongers elected a representaThat 150 patrons of the representation should exist, tion, which, instead of protecting our freedom, that they should exist against all law, that they were disposed only to suspend our rights and li. should exist against the resolutions of the house berties, [hear, hear, hear] It was a maxim which of commons itself, which resolutions were passed he believed could not be disputed, that tyranny was at the commencement of every session, and might be regarded as the law of parliament, or at least a declaration to the country, that such was the law, appeared monstrous and unaccountable. The law

generally greater under the forms of a free constitution, when perverted, than under an open undisguised exercise of despotic power; and that, at any rate, it was more difficult to be got quit on

This was no new doctrine-it was no French princi-his elective rights was the corrupt person, and not ple, it had been declared by Machiavel, and sup-he minister who gave the place, or the member ported by Montesquieu. This latter writer, who who accepted, the seat. He inferred from this, was not a beardless boy newly come from school, that the corruption was among the people, and was but a man who had devoted twenty years of his greatest at the bottom. This was not the proper life to the study of governments, had given it as view of the maiter; and the mistake arose from conhis opinion, that the liberties of England would founding political with private corruption, which perish like those of the ancient republics, when her were perfectly distinct in theory, and were often parliament became corrupt. But corruption was separated in practice. Taking the definition he supposed now to be harmless; it was even defended had formerly given of corruption-namely, an opas necessary part of the existing system, rather position of private interest to public duty, and the than denounced as tending to the ruin of the con- natural bias which the former creates against the stitution. It had been argued by a right hon. gent. latter a house of commons might be very virtuous (Mr. Canning.) that government could not go on as legislators, whose individual private conduct without it; but he [Sir F B.] thought he should was most corrupt; and, on the other hand, a parlia. bring sufficient authorities to overbalance the opi- ment might be corrupt which was entirely comnion of that right honorable gentleman, when he posed of saints. When he, therefore, spoke of the stated that all our great men were against it; that corruption of the members of the legislature, he there were no less than 150 laws on our statute meant no implied reflection on their private conbook denouncing it. It would be pedantry to go duct; he believed that in the common intercourse into all the great authorities on this subject, but of life they might be all upright in their principles, he might be forgiven for stating the opinion of Mr. and honest in their transactions; but when their Locke, that the corruption of the representation interests were opposed to their duty, in a parlia was the very worst of ali evils, as it poisoned the mentary sense he could not but call the house corsource of all laws, and cut up our constitution by rupt Nay, he would even go further, and say, the roots. It would be strange indeed, as had that the more honorable the members were in their been said by Plato, that corruption which was private capacity the more corrupt they might be thought ruinous in every thing else should be in their public; as a member, from a private engage. thought good in government. In the time of meat which his honor might compel him scrupu Charles II. although the parliament which was sus-lously to observe, might be prevented from voting pected, justly, of corruption, had not been free on a particular occasion according to his views of from undue influence, they at least showed the right, and be induced to surrender his seat, when, necessity they conceived themselves under to af by keeping it and voting contrary to his patron, his fec purity, by taking an oath, protesting before services might be beneficial to the public. Though God, that, "neither directly nor indirectly, they, no member could be deprived of his seat when he bad or any of their friends, for their use and with their once obtained it, every one knew that a gentleman knowledge, had received any sums of money from would be reckoned dishonorable who should not the king, or any other person by his majesty's order, obey the instruction of his patron, or resign his seat and that they had not given their vote in parliament at his desire. I had often been a question without for any reward or promise whatsoever. This cor the walls of parliament, and within, how far a rerupt parliament had a different opinion from the presentative was bound to obey the will or to act right honarable gentleman with regard to the ne upon the views of his constituents. All disputes cessity of being free and independent. It seemed upon this subject would cease by a free election, indeed extraordinary that corruption could find We often heard of meetings of constituents to reits advocates: that the very word was not sufficient monstrate against the conduct of their representato deter from an open undisguised defence. Speak-tives; these, likewise, wouid cease, confi lence would ing of corruption, he could not help enlarging a be restored between the house and the people; and little on the meaning of the phrase, and removing the people would willingly submit to those laws some prejudices and misconceptions which wan which should proceed from themselves. Now hat of explanation had allowed to be entertained. It confidence did not exist, while the representation had a different meaning in the mouths of different was in its present state, while the people had not persons, and as applied on different occasions. tue seats at their disposal, and the treasury had a When used by a religious man in opposition to market to settle such commodities. (hear, hear.) religious principles, it was called sin; in the con He brought no particular charges against ministers; duct of those who transgressed the rules of honesty they must act as they did, or otherwise they could or virtue in private life, it got the name of in-nx command their majorities; and without such morality; and when applied to the conduct of pub majorities, the government itself, which emanated lic men in government matters, it was called politi from the borough-mongers, could not be carried ca. Political coruption in this classification might on, This was the avowed, acknowledged state of be perfectly consistent with private morality It things; and that practice, at which the speaker said might be defined that state in which individual that our ancestors would have startled with horror, interest was arrayed against public good, and pri-was now openly and unblushingly defended. All vate views influenced public conduct. When re-parties had confessed its existence; and the noble form was spoken of, it had been said by some, that lord opposite [Castlereagh,] who had been concernno reformation of the representation was necessary, ed in selling seats, was only more unfortunate than but that the electors and the elected should reform others, in having been detected, (a laugh.] He themselves and that then corruption would cease. meant no personal attack on the noble lord; nor did He remembered Mr. Wyndham, whom he always he mean to say that he peculiarly ought to be imlistened to with pleasure, had made the most in- peached, as he had not been more criminal than genious defence of the present system that ever he others would be with the same opportunities. But had heard, which was fonuded on this maxim. He the very public avowal of such a violation of the had, however, in the hon. baronet's opinion, misap-consitution was of itself a strong argument for prehended the question. He had said, that if a putting an end to the present system which was vote was given for a job, the person who so bartered plunging the country into ruin, and under which,

whatever success we might gain, whatever other ja reformation of the abuses complained of. The advantages we might enjoy, liberty could not much want of virtue in the representatives of the people longer exist, (hear, hear. There was a time when was what the crown had as much a right to comsuch practices would not have been borne by the plain of as the people, as both were kept in thralhouse: he well remembered that since he entered dom by the same oligarchy, and would both be reparliament they were not mentioned directly, but lieved by the same remedy If the people were always in circumlocutions. When Mr. Pitt intro always to be met with bills of severity when they duced his reform bill, he said there was a maiden presented their petitions; if when they were silent, coyness in the house about talking of the sale of they were supposed indifferent; and when they seats: this maiden coyness, he was sorry to see, had spoke out, their liberties were to be suspended, and now worn out. (A laugh) The necessity of re-all the bulwarks of their rights removed; how could form was apparent. He need not remind the house we venture to boast of the glories of our constituof the petitions which had been presented com- tion? He would not occupy their time with mentionplaining of the grievance of the present system:ing any more authorities, though great authorities they had been numerous, and pointed out different might be quoted: he might cite lord Chatham, Mr. remedies. He did not think that the description Pitt, and Mr. Fox, all of whom had supported the of any specific plan was necessary: it was enough measure of reform. There was one person, how for him that the grievance was acknowledged, and ever, for whose writings he should always entertain that a remedy of some kind or other must be ap the greatest respect, and who, although he had takplied, which might be left to the wisdom of the en alarm at the beginning of the French revolution, house. He would not, therefore, trouble them with had deeply felt, and eloquently described, the neentering into any abstruse discussion, or offering cessity of rendering the house of commons a true any specific opinion. He had shown that the great representation of the people, as well as the evils evil was nomineeship to seats, and he hoped that which sprung from it, when it was not. What the it would be possible to induce the house to enter opinions of that great writer might have been, had into enquiry. The gentlemen all over the country, he lived to this day, he did not know; but these who saw their property fast leaving them, who had were his words, in the active part of his political been accustomed formerly to defend the liberties life:-"Whatever alterations time and the necessaof their fellow citizens, but the majority of whom ry accommodation of business may have introduced, unhappily now thought only of supporting govern. this character can never be sustained, unless the ment, and of giving it strength, while they should house of commons shall be made to bear some be adding to its honesty-who saw this once happy stamp of the actual disposition of the people at nation the seat of industry, and abounding in capital large. It would (among the public misfortunes) and credit, changed into a taxed, oppressed, over- be an evil more natural and tolerable, that the burdened and beggared people-would, he thought, house of commons should be infected with every now see sufficient reasons for inquiring into the cause epidemical phrenzy of the people, as this would of the evil, and applying the proper remedy. (Hear, indicate some consanguinity, some sympathy of nahear. It was said that our constitution was a glo- ture with their constituents, than that they should, rious constitution. Yes, it was so in the books; it in all cases, be wholly untouched by the opinions was so in the works of our political writers; it was and feelings of the people out of doors. By this so in Montesquieu; and in the descriptions which want of sympathy they would cease to be a house our old lawyers and statesmen had given of it: but, of commons; for it is not the derivation of the power practically speaking, there was not more wretched- of that house from the people which makes it, in a ness, more tampering with liberty, or more corrup- distinct sense, their representative. For the king tion in any part of Europe, than prevailed under is the representative of the people; so are the lords; our boasted constitution. He hoped, therefore, that and so are the judges. For they are all trustees the gentlemen of England would see that it was of the people, as well as the commons; because no not their interest to fortify this system, that there power is given for the sole sake of the holder; and would be no check or control over government although government certainly is an institution of without a change in the representation, and that divine authority, yet its forms, and the persons who their property would soon leave them, unless there administer it, all originate from the people. A powas an immediate change. When the members pular origin cannot, therefore, be the characteriswho might be returned after the reform should see, tical distinction of a popular representative, which that every time they put their hand in the public belongs equally to all parts of government, and in purse they took something out of their own, that all forms. The virtue, spirit, and essence of a profligate and wasteful expenditure of the public house of commons consists in its being the express money would of course cease. At present, the gen- image of the feelings of the nation. It was not intlemen of England saw that they must surrender stituted to be a control upon the people, as of late their comforts, by the enjoyment of which they pro- has been taught, by a doctrine of the most pernicimoted that of the people-that they must renounce ous tendency, but as a control for the people. that hospitality by which they were enabled to gra- Other institutions have been formed for the purpose tify their own feelings, and to diffuse happiness of checking popular excesses; and they are, I aparound them-that they were driven from the seats prehend, fully adequate to their object. If not, of their ancestors, and obliged to hide themselves they ought to be made so. But the house of comfrom the pursuit of their creditors and the tax ga-mons, as it was never intended for the support of therers in a foreign land;-could there require any peace and subordination, is miserably appointed for other arguments for reform? If they would take that service; having no stronger weapon than its counsel from their wisdom and not from their fears, they would, instead of passing acts to oppress the people, step forward for their protection; and would see that the system of corruption was as destructive of their own interests as it was of that of their constituents. He hoped the people would not cease to demand their rights, and would compel

mace, and no better officer than its sergeant at arms, which it can command of its own proper authority. A vigilant and jealous eye over executory and judicial magistracy; an anxious care of public money; an openness, approaching towards facility, to public complaint;-these seem to be the true characteristics of a house of commons. But an

the people, by restoring to them their undoubted rights, he should conclude by moving "That a select committee be appointed to inquire into the present state of the reprensentation of the country; and to report their observations to the house."

addressing house of commons, and a petitioning more decisive proof that the house of commons had nation; a house of commons full of confidence, lost its former connexion with the people; that they when the nation is plunged in despair; in the ut- no longer regarded themselves as their stewards or most harmony with ministers, whom the people re- servants, but as a master uniting in himself all the gard with the utmost abhorrence; who vote thanks different springs and species of authority. Whatwhen the public opinion calls upon them for im-ever might be thought of the wisdom or expedienpeachments; who are eager to grant, when the ge- cy of annual parliaments at present, it was not true neral voice demands reckoning and account; who, that they were unknown to the history of the conin all disputes between the people and administra-stitution: in the discussions on the triennial act, the tion, presume against the people: who punish their contrary was maintained by the most eminent pubdisorders, but refuse even to enquire into the provolic characters of that day. With regard to the sepcations to them;-this is an unnatural, a monstrous tennial act, indeed, he wished to say no more, than state of things in this constitution." He wished to allude to the opinion expressed of it by Dr. Johnthe gentlemen of England would keep one fact in son, who, he supposed, if living, would now be conmind-that 150 borough proprietors had the pro- sidered a jacobin. (a laugh. Dr. Johnson, when perty, the liberty, and the lives of this great na reprobating as unconstitutional the measure by tion at their disposal; that by their agents they con- which 12 persons were raised, during the reign of stituted the executive or domineered over it, that queen Anne, at one time to the peerage, speaks of they had become king, lords, and commons, and it as nothing equal or approaching to the contempt excluded every other power from the constitution. cf all human right, and of all human means of as(hear, hear)—and he asked them if they would serting it, which was exemplified in passing the allow this state of things to continue? The Roman septennial act. But the pretence then was, the exempire had been set up for sale by the corruption istence of a popish faction; another proof of the of its legislature; and the Athenians were so atten- aversion which had so long prevailed to trust to tive to the purity of theirs, that it was declared high the sense and wishes of the country. He believed treason for any one not a citizen to intrude into the that this pretence was now abandoned, but with velegislative assembly. So long as such a house of com ry little alteration even in its name. The dread mons as that which he described should continue in was no longer excited by jacobitical, but a jacobithe country, neither foreign nor domestic dangers nical party. Believing, however, as he did, there would create alarm. He wished to see no other was no danger to be apprehended except by the house of commons than that which answered to the government continuing to do wrong, and still more description by a great man of what a house of com- to alienate instead of regaining the affections of mons ought to be. He called Mr. Burk a great man, because it was an epithet due to his extraordinary abilities, and to those principles which he had so strenuosly supported during the greater portion of his life, whatever had been his subsequent departure from them, or whatever had been its cause. Mr Burk had indeed gone farther, and declared it to be better that the house should partake of every epidemical phrenzy of the people, than that it A decision has been recently made by the constishould show a perpetual jealousy of their rights. tutional court of South Carolina, consisting of judg It was not, however, a jealousy of which he now es Bay, Nott, Colcock, Johnson, and Cheves, which complained; it was an open hostility to popular must be interesting to the mercantile world, and rights, a want of all common feeling with the coun- as the report of the case is too long for insertion, try at large, and a cheaply won character of mag- we give a summary of it. The following is the nanimity, in affecting to despise what was called state of the case. the clamor of the people. This appeared to him, "Charleston, 19th of May, 1817. he confessed, to be hardly decent; but as he did "GEORGE DUNCAN US. ISAAC COURSE. not think it right to take upon himself to point This case was tried before Mr. Justice Noit, at out what particular course it might be most advi Georgetown, in November term, 1811. It was an sable to pursue,' he could only entertain hopes, action of assumpsit, in which the defendant gave that the house would consent to an enquiry into in evidence, as payment of the sum demanded, a the facts and allegations contained in the petitions. bill of exchange drawn by a Mr. Holmes, of CharlesMost particularly he trusted, that the committee, ton, on a person in New York, payable to the deif appointed, would direct its attention to the alleged nomination of members by peers; a nomination which could not be practised but in defiance of all law, decency, and reason. It was upon these views of the difference between the constitution as it now existed, and as it was settled at the revolution, that he invited the house to listen to his proposition. Our present practice had varied from the standard then established in many important points. It had been judged necessary at that pe- "If it is to be considered a foreign bill, whether a riod to enact, that every privy counsellor should protest for non-acceptance is indispensably necessasubscribe his name to a copy of the advice which he ry to give the indorsee recourse to the indorser." gave his sovereign. Another regulation had for its The presiding judge, on the circuit, charged the object the exclusion of persons holding offices un- jury, that such a bill was a foreign_bill—and that a der the crown from seats in parliament. Every protest was indispensable; and a verdict was accordthing, however, which had been interposed as a se ingly found for the defendant. On a motion to set curity against the encroachments of power had aside that verdict, on the ground of misdirection been either taken away, or had been suffered to in the judge, the court unanimously refusd the mobecome a dead letter. Nothing could furnish ation, and confirmed the charge on both points.

Mercantile Law Case.

fendant, and endorsed by him to the plaintiff. This bill had not been accepted, nor paid, of which the plaintiff had given due notice; but he had omitted to have it protested for non-acceptance.

Two questions were raised upon the trial1. "Whether a bill drawn by a person resident in Charleston, on a person resident in New-York, and payable there, is to be considered a foreign or an inland bill?

2.