self in the exercise of power by the same constitution.

do not give us jurisdiction, nor can we sustain it on general principles of law.

sword and the purse of the whole confederacy, nothing more than the establishment of such a The constitution of the United States creates a principle is wanting to vest congress with absolute distinct and separate government from the several power, and to effect a complete consolidation of state governments, and delegates specific and li- the states. We have seen that the constitution mited powers to the government so created. By of the United States doth not give congress the the 3d article, section 1 & 2, the judicial power of power of vesting jurisdiction in the state courts the United States shall be vested in one supreme-the constitution and laws of the state of Ohio court and in such inferior courts as the congress may from time to time ordain and establish-and "The judicial power shall extend to all cases in law & equity arising under this constitution, the laws of the United States, and treaties made or which shall be made under their authority; to all cases affecting ambassadors, other public ministers and consuls to all cases of admiralty, and maritime jurisdiction; to controversies to which the United States shall be a party," &c. The judicial power of the United States extends to the case now before this court, and that power is wholly vested invested in a president. I do not see why this docthe United States' courts; the supreme court of trine of privilege and waver, may not with as the United States, hath an appellate jurisdiction much reason be applied to the legislative and exin all controversies to which the United States || ecutive, as to the judicial power, and so the whole shall be a party; there is no clause in the consti- government of the United States waved. This tution of the United States which authorizes con- theory is new, it is beyond my comprehension. gress to give jurisdiction to the state courts, or to The second question raised in this case is, require the performance of any judicial duties of||whether the court can sustain a criminal prosecu them; it cannot be said that congress by their || tion by information under the constitution of this

An opinion has been read in which it is stated that the third article of the constitution of the United States vests in the government of the United States a privilege of having their causes determined in their own courts, and that this privilege may be waved by them by the 1st art. of the constitution, the legislative powers of the United States are vested in congress-by the 2d the executive power of the United States is

state.

By the 10th section of the 8th article of the constitution of Ohio, it is declared, “That no person arrested or confined in jail shall be put to answer any criminal charge, but by presentment, indictment, or impeachment."

laws ordained and established us a court of the United States, for by the operation of the 8th sect. of the 34 article of the constitution of this state, if such were the fact we should cease to be a state court; and wili it be imagined that an appeal can be taken from this court to the supreme court of the United States? The powers not delegated to the An information is as much a criminal prosecuUnited States by the constitution are expressly re-tion as an indictment; the same process issues on served to the states or to the people; it follows the one as on the other, to bring the person charg necessarily and clearly to my mind, that congressed or informed against before the court, and that have no power to vest any jurisdiction whatever in the state courts.

process with us is a capias-the defendant hath been taken by a capais, and is now holden to an swer this information.

This is a criminal prosecution; it may well be doubted whether one sovereign state can sue in I think that a fair construction of our constituthe municipal courts of another state; but waving tion requires us to say, that the proceeding by this point, as not necessary to be here decided, || information is prohibited by it. If we examine I assume it to be a settled principle in jurispru- the history of informations we shall find that they dence, that one sovereign state cannot make use have crept into use against the plain meaning of of the municipal courts of another government to|| Magna Charta; that although in England a series enforce its penal laws. No one would doubt, for of precedents support them, yet they are neither an instant, if the government of Great Britain or suited to our principles of government, nor coun France, or even one of the other States of the tenanced or permitted by the state constitution. Union, were to attempt to maintain a criminal Such is the unanimous opinion of the court, prosecution in our courts, that it would not be permitted; and yet, as to its judicial power, and its penal laws, the government of the United States is as much an independent State and separate government as Great Britain, France, or either of the United States.

||

FOREIGN BIOGRAPHY.
From the London Statesman, of July 8.
MR. SHERIDAN.

It hath been urged, that the constitution gives It is with deep regret we announce to our rea, to congress the power to lay and collect taxes,ders the death of the right honorable RICHARD duties, imposts, excises, &c. and to make all BRINSLEY SHERIDAN, who, after a severe and prolaws which shall be necessary and proper for car- tracted illness, expired yesterday at noon, in the rying that power into execution; that to collect 65th year of his age. the excise they have judged it necessary to vest a jurisdiction in certain cases in the State courts. If they have judged it to be necessary, they have been mistaken-convenience is not necessitytheir own tribunals are sufficient to enforce their laws. If it be true, that congress, under this provision of the constitution, may pass any laws they deem necessary to carry their specific powers into execution, and are the sole judges of such necessity, where are they to stop? Possessing the

The various sensations under which we, with the rest of the world, contemplated the course of this extraordinary man while living, have been so far recalled to us by the recent event of his decease that we cannot dismiss the account of it like a common place article of the obituary. We do not strive to check the pangs of grief and pity which mingle with our admiration for a lost son of genius. It is always interesting, whether gratifyling or painful, to meditate the history of a distin

guished man; and more especially of a man, from fortune. Some wonderous internal power buoyed the materials of whose character even more of him up, and a temper invulnerable to ordinary atwarning than example may be collected. From tacks left him at all times in possession of his unthe mixture and counteraction of high endow- shaken faculties. In co-operation, therefore, or ments with vulgar infirmities and unfortunate ha- rivalry, or hostility, with the first men of his day, bits, ordinary men derive lessons of candor and he distinguished himself amongst them by wieldcontentment. We cease to murmur at any seem-ing with success the various weapons for which ing partiality in the distribution of intellectual they were respectively celebrated. In flow of gifts among mankind, when we see the most use-diction he yielded not even to Mr. Pitt-in force ful qualities withheld from or disdained by those upon whom the most splendid ones have been munificently lavished. It extends our charity, and abates our pride, to reflect with calmness on the fate of one who was equally the delight of society, and the grace of literature-whom it has been for many years the fashion to quote as a bold reproved by Sheridan in parliament was, perhaps from er of the selfish spirit of party; and throughout a the suavity of his temper, much less sharp than period fruitful of able men and trying circumstan- brilliant. ces, as the most popular specimen in the British senate of political consistency, intrepidity and ho

nor.

Panegyric becomes worthless when it is no longer true and we do not mean to eulogize Mr. Sheridan in unqualified terms. Neither fact nor principle will bear out the silly adoration with which, for some days past, he has been worshipped by the most furious of his old detractors-by inen who seem inclined to pay their debts to his character with usurious interest, as if they were discharging a post-abit bond.

and acuteness he might justly be compared with the great opposition leader-while in splendor of imagination, he equalled Burke, and in its use and management far excelled him. His sarcasms were finer, but less severe, than those by which Mr. Pitt indulged his anger: and the wit display

But the quality which predominated over all its companions in the mind of Mr. Sheridan was his exquisite and highly finished taste. In this rare talent he had no competitor: and this it was which gave such inimitable grace to his expressions, and which, in arguing or declaiming, in eulogy or invective, disposed his thoughts with an effect so full and admirable. We cannot expatiate farther on his rhetorical qualifications than by observing, that he joined to the higher attributes above spoken of, the natural advantages of a clear and melodious voice, a distinct, emphatic, It is needless to say much on those intellectual and unaffected utterance; and a manly and be powers whose living memorials are formed to coming action. As Mr. Sheridan has produced a command the admiration of every future age.comedy which may be described as nearly the The astonishing talent for observation, and know-best in our language, so did he by a curious feledge of character, displayed by Mr. Sheridan in || licity of genius put forth, in his speech on the trihis dramatic writings, will surprise us more when al of Hastings, the finest specimen of English sewe recollect that he composed The Rivals whilst || natorial eloquence of which modern times can yet a boy; and that his School for Scandal was boast. Of this divine oration, although none but written at four and twenty. Those who are those who heard it can adequately judge, enough best acquainted with the history of the stage for remains to justify our praises in the fragments a hundred years preceding their appearance, can handed down to us by the publications of that pebest appreciate the obligations of the public to riod, and in the recorded sentiments of the leaders an author, whose dialogue has the spirit of reali- || of all parties, who hung in rapture and amazement ty without its coarseness-who neither wearies nor on his words. Mr. Sheridan then reached the offends his audience-but whose sentiment is ani-pinnacle of his fame. No length of days could mated, and his wit refined. His opera is another add to the celebrity at that moment poured around specimen of various power, which has eclipsed all him, as an orator and statesman of comprehensive but one of those which went before it, and all, and transcendant powers-no human fortune could without exception, of those which have followed. have surpassed the expectations then formed of The Duenna, has but a single rival on the stage; his future eminence. Why they have not since and if the broad licentiousness of the Beggar's been realized, is a question which posterity will Opera has given its author the means of indulg-not fail to ask. We pass by the details of his paring a nervous and pregnant vein of satire, to be found in no other English work, Sheridan has combined in the plot and language of his Duenna, the charms of delicacy, elegance, and ingenuity; and in his songs has discovered a taste and pathos of high poetical beauty:

liamentary progress, from the discussions on the regency in 1789, to those on the same subject in 1811. Many important questions, many dangerous crisis, which arose in the long interval between these periods, gave Mr. Sheridan the means to establish for himself an occasional interest with If we pursue Mr. Sheridan into political life, we the people of England, distinct from any that shall have equal cause to admire the vigour and could have been derived from mere proofs of taversatility of his genius. The field on every side lent, or influence of party. On the mutiny at the of him was occupied by the ablest men who had Nore, he enjoyed the credit of essentially contriappeared in parliament for more than half a cen- buting to save the state. Whenever the liberty tury. Burke, whose mature mind was richly fur- of the press was attacked, that bulwark of the nished from the intellectual stores of all ages and constitution found in him its most zealous and conof all nations-Pitt and Fox, not left like Sheridan sistent defender; and when the early burst of to chance, but trained and moulded into orators Spanish patriotism had raised a strong sympathy and statesmen; these were formidable checks to throughout this country, it was Mr. Sheridan who the rise of an adventurer recommended by cha- first gave form and expression to the feelings racter nor connection-never educated for pub- which swelled every English heart; and who lic life-beset by a thousand mischievous habits-traced in parliament the natural relation between crusted over with indolence and depressed by the support of Spain and the deliverance of Eu

rope. Without instituting a too severe or invidi- || ships of Cornwall instead of one, he would not ous scrutiny into the justice of those high enco-have died in affluence. He never would have atmiums which have been passed on Mr. Sheridan's | tained to comfort or independence in his fortune. patriotic spirit, we shall merely observe, that one A vain man may become rich, because his vanity object of onr admiration is the exquisite judg- may thirst for only a single mode of gratification. ment-the dexterity of tact-with which he at all An ambitious man, a bon vivant, a sportsman, may times seized the full tide of public sentiment, and severally controul their expenses; but a man who turned it into the proper channel. But it must be is inveterately thoughtless of consequences and acknowledged that the longer he remained in the callous to reproof-who knows not when he squanhouse of commons, and before the public, the ders money, because he feels not those obligations more his personal consequence declined. Mr. which constitute or direct its uses-such a man it Sheridan had never in his happiest days effected is impossible to rescue from destruction. We go any thing by steady application. He was capable further-we profess not to conjecture to what inof intense, but not of regular study. When pub-dividuals the above reproach of forgotten friendlic duty or private difficulty urged him, he endur- ships has been applied. If against persons of iled the burden as if asleep under its pressure. At || lustrious rank, there never was a more unfounded length, when the pain could be no longer borne, accusation. Mr. S. throughout his whole life, he roused himself with one mighty effort, and stood as high as he ought to have done in the quarburst like a lion through the toils. There are rea- ters alluded to. He received the most substansons for believing that his constitutional indolence tial proofs of kind and anxious attachment from began its operation upon his habits at an early these personages: and it is to his credit that he age. His very first dramatic scenes were written was not insensible to their regard. If the mistakby snatches, with considerable intervals between en advocates of Mr. Sheridan were so much his them. Convivial pleasures had lively charms for enemies as to wish that he had been raised to some one whose wit was the soul of the table; and the || elevated office, are they not aware that even one sparkling glass-the medium of social intercourse month's active attendance out of 12 he was at all --had no small share of his affection. These were times utterly incapable of giving? But what joys to be indulged without effort; as such, they friends are blamed for neglecting Mr. Sheridan? were too well calculated to absorb the time of || What friendship did he ever form? We more than Mr. Sheridan, and sooner or later to make large || doubt whether he could fairly claim the rights of encroachments on his character. His attendance friendship with any leader of the Whig adminis"in parliament became every year more languid-tration. We know that he has publicly asserted the vis inertiae more incurable-the plunges by Mr. Fox to be his friend, and that he has dwelt which his genius had now and then extricated him with much eloquence on the sweets and enjoyin former times less frequent and more feeble.-ments of that connection: but it has never been We never witnessed a contrast much more melancholy than between the brilliant and commanding talent displayed by Mr. Sheridan throughout the first regency discussions, and the low scale of nerve, activity, and capacity, to which he seemed reduced, when that subject was more recently agitated in parliament. But indolence and intemperance must banish reflection, if not correct-favors the cultivation of those better tastes and afed by it; since no man could support the torture of perpetual self-reproach. Aggravated, we fear, by some such causes, the natural careless temper of Mr. Sheridan became ruinous to all his better hopes and prospects. Without a direct appetite for spending money, he thought not of checking its expenditure. The economy of time was as much disregarded as that of money. All We have now performed an honest duty, and in the arrangements, punctualities, and minor obli- many particulars an humbling and most distressgations of life were forgotten, and the householding one we have found it. Never were such gifts of Mr. Sheridan was always in a state of nature.— as those which Providence showered upon Mr. His domestic feelings were originally kind, and Sheridan so abused-never were talents so miserahis manners gentle : but some bad habits seduced bly perverted. The term "greatness" has been him from the house of commons and from home: most ridiculously, and, in a moral sense, most perand equally injured him as an agent of the public niciously applied to the character of one who, to good, and as a dispenser of private happiness.- speak charitably of him, was the weakest of men. It is painful, it is mortifying, but it is our sacred Had he employed his matchless endowments with duty, to pursue this history to the end. Pecunia- but ordinary judgment, nothing in England, hardry embarrassments often lead men to shifts and ly any thing in Europe, could have eclipsed his expedients these exhausted, to others of a less || name, or obstructed his progress. It is the pecudoubtful color. Blunted sensibility-renewed ex- liar praise and glory of our political constitution, cesses-loss of cast in society-follow each other that great abilities may emerge from the meanest in melancholy succession, until solitude and dark-station, and seize the first honors of the communess close the scene.

It has been made a reproach by some persons, in lamenting Mr. Sheridan's cruel destiny, that "his friends" had not done more for him. We freely and conscientiously declare it as our opinion, that had Mr. Sheridan enjoyed ten receiver

our fortune to find out that Mr. Fox had on any public or private occasion bound himself by reci procal pledges. Evidence against the admission of such ties on his part may be drawn from the well known anecdotes of what occurred within a few days of that statesman's death. The fact is, that a life of conviviality and intemperance seldom

fections which are necessary to the existence of intimate friendship. That Mr. Sheridan had as many admirers as acquaintances, there is no room to doubt: but they admired only his astonishing powers: there never was a second opinion or feeling as to the unfortunate use which he made of them.

nity. It is the nobler praise, and purer happiness of our moral system, that great vices throw obstacles before the march of ambition, which no force nor superiority of intellect can remove.

THE PAINTER DAVID.

her distinguished followers. Bonaparte, who possesses great taste, 'that instinct superior to study, surer than reasoning, and more rapid than reflection,' entertains the greatest admiration for the genius of David, and always consults him in the || arrangement of his paintings and statues. All the costumes of government have been designed by the artist.

This celebrated artist, notwithstanding the account of his execution, published in the Paris papers, appears to be still alive. The Moniteur of June 21st says that he has been exiled; and also disappointed in his views. He wished to be employed by the king of Prussia as inspector of arts; but his request had been refused. As some "David is not without his adherents. He has account of this extraordinary character, who has many pupils, the sons of respectable, and some figured as much upon the political stage as in the of them noble families, residing in different parts theatre of arts, may be interesting, we give our of Europe. They are said to be much attached readers the following particulars of him, from to him, and have formed themselves into a milithe pen of Sir John Carr, a travelling Englishman|tary corps, for the purpose of occasionally doing who knows and writes a little upon every subject: honour to him, and were lately at the point of "During my stay in Paris, I visited the gallery revenging an insult, which had been offered to his of David. This celebrated artist has amassed a person, in a manner which, if perpetrated, would fortune of upwards of two hundred thousand || have required the interest of their master to have pounds, and is permitted by his great patron and saved them from the scaffold. friend, Bonaparte, to occupy the corner wing of "But neither the gracious protection of conthe old palace, from which every other man of sular favour, nor the splendour of unrivalled abigenius and science, who was entitled to reside lities can restore their polluted possessor to the there, has been removed to other places, in order affections and endearments of social intercourse. to make room for the reception of the grand na- Humanity has drawn a sable circle round him. He tional library, which the first consul intends to leads the life of a proscribed exile, in the very have deposited there. His assortments are very centre of the gayest city in Europe. In the magnificent, and furnished in that taste, which he gloomy shade of unchosen seclusion, he passes has, by the influence of his fame, and his ele- his ungladdened hours, in the hopes of covering gance of design, so widely and successfully difhis guilt with his glory, and of presenting to posfused. Whilst I was seated in his rooms, I could terity, by the energies of his unequalled genius, not help fancying myself a cotemporary of the some atonement for the havoc and ruin of that most tasteful time of Greece. Tunics and robes political hurricane, of which he directed the fury, were carelessly, but gracefully, thrown over the and befriended the desolations, against every coantique chairs, which were surrounded by ele- temporary object that nature has endeared, and gant statues and ancient libraries, so disposed as virtue consecrated." to perfect the classical allusion. I found David in his garden, putting in the back ground of a painting. He wore a dirty robe, and an old hat. His eyes are dark and penetrating, and beam with the lustre of genius. His collection of paintings From the Boston Centinel of August 15. and statues, and many of his own statues afforded Yesterday the brig Wm. Henry, Capt. Clough, a perfect banquet. He was then occupied in arrived here from Bristol, in England; and it drawing a fine portrait of Bonaparte. The pre- || having been reported (erroneously) in the Bristol sence of David covered the gratification with papers, which had previously reached the United gloom. Before me, in the bosom of that art which States, that Marshal Soult had taken passage in is said, with her divine associates, to soften the her for America, her arrival spread the report souls men, I beheld the remorseless judge of his far and wide, that the Marshal was on board; and sovereign, the destroyer of his brethren in art, || M. Debellievre, a French mercantile gentleman, and the enthusiast and confidential friend of the only cabin passenger in the brig, was mistaken Robespierre. David's political life is too well by thousands for the Marshal. We therefore known. During the late scenes of horror, he was deem it our duty to state, that Marshal Soult has asked by an acquaintance, how many heads had not arrived here; and that we have good grounds fallen upon the scaffold that day; to which he is for believing, that he is now in the quiet enjoysaid cooly to have replied, only one hundred and ment of his retreat in Prussia, whither it is known twenty!! The heads of twenty thousand more he was ordered to depart, and where he probamust fall before the great work of philosophybly will wait an act of clemency from Louis the can be accomplished.'

"It is related of him, that during the reign of the Mountain, he carried his port-folio to the front of the scaffold, to catch the last emotions of expiring nature, from the victims of his revolutionary rage.

PROSCRIBED AND EXILED FRENCHMEN.

18th which will restore him, and all others not included in the list of traitors, to the bosom of their country. As we are on this subject, we repeat the

LIST OF PERSONS

Exiled from France during the pleasure of the king.
Loubau,
Harel,

"He directed and presided at the splendid funeral solemnities of Lepelletier, who was as-Soult, sassinated by Paris, in which his taste and in- || Alix, trinsic knowledge of the ceremonies of the an- Excelmans, cients on similar occasions were eminently displayed.

Bassano,
Marbot,
Felix-Lepelletier,
Boulay (de la Meurthe,)
Mehee,

"The great abilities of this man alone enabled him to survive the revolution, which, strange to relate, has, throughout its ravages, preserved a veneration for science, and, in general, protected | Thibaudeau,

Pire,

Barrere,

Pommereuil,

Regnauld (de Saint Jean
d'Angely,)

Arrighi (de Padoue,)
Dejean fils,

4. Col. Lallemand, brother of the above, was arrested by Louis 18th as a seditious person prior 13. Lt. Gen. Laborde.-He also is charged with to the return of Bonaparte from Elba; and was having sworn allegiance to Louis; of having vio -set at liberty by the latter. Since his denuncia-lated his oaths, committed treason and revolt, and tion his place of residence has been concealed.

7. Lt. Gen. Ameilh-An early adherent to Louis. 17. Lt. Gen. Drouot.-He commanded BonaFollowed Monsieur to Lyons, and there showing parte's imperial guards when he landed from defection, was apprehended, sent to Paris, tried,|| Elba; and signed the address of the guards to the condemned to death, but before the sentence was French soldiers, from the Gulph of Juan. He executed, was liberated by the arrival of Bona-l has lately been tried in Paris, and acquitted on