BIEdDIBOD9 IPS
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Whole J. 057.
The Tarboro.?Si Press,
Br George Howard. Jr.
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A SONG OF THE DEMOCRACY.
We come but not with revel shout
No madd'ning liaccltal song
. To wild and freniied cry rings out
Our serried ranks alotttr.
But heart with heart and hand with hand,
Ve onward press we court the fight
A bold a true a faithful hand
In Freedom's name in Freedom's right.
We come the weapons of the free
Are in each hard and brawny hand,
And falling sure and silently,
They sweep corruption from the land.
Our leader we of yore have found
First in the fight and faithful evf r;
With heart and hand we rally round
One who can prove a recreant never.
We come and o'er us proudly wave
The banner that ocr fathers bore
To conquest or to patriot graves
When British minions thronged our shore
Yes faithful hearts how throng thee round,
Thou bannner of the brave and free;
With high resolve each heart is bound
To conquer r to fall with thee.
We come we come a mighty throng,
Full pledged to Freedom's sacred caui
Our hearts are true our hands are 8lrong
We fiht for equal rights and laws:
The heritage our fathers gave,
The holy prize for which they bled.
Their sons shall guard or gory grave
Shall close above each freeman s head.
Then proudly raise our standard high,
And ev'ry mountain ev'ry glen
Shall echo back our rallying cry,
And Triumph crown our Cause again
Yes boldly be our banner flung,
And firm let ev'ry freeman be.
Soon soon shall leap from ev'ry tongue
The thrilling shout of Victory.
LIST OF ACTS.
Passed at the First Session of the 2SA
Congress.
In this list are omitted the titles of sun
dry Acts for the relief of individuals, &c
An act to refund the fine imposed on
General Andrew Jackson.
An act to authorize ihe President of the
TToitPfl Staff to direct transfers of aonro
-. ...... - .... w , ,
priation in the naval service under certain
Circumstances.
An act making an appropriation for the
payment of horses lost by the Missouri
Volunteers in me norma war.
An act making appropriations for the
support of the Military Academy for the
fiscal year ending on the 30lh day of June.
1845.
An act for the relief of the widows and
orphans of the officers, seamen, and mari
ners of the United States schooner Gramp
us, and for other purposes.
An act to supply a deficiency in the ap
propriation for the fiscal year ending the
30th of June, 1JS44, for the relief and pro
tection of American seamen.
An act making appropriations for the
payment of Revolutionary and other pen
sioners of the United Stales for the fiscal
year ending on the 30th of June, 1845.
An act making appropriations for certain
fortifications of the United Stales for the
fiscal year beginning on thelstday of Ju
ly, 1814, and edding the 30th of June,
li45.
An act making appropriations for the
improvement of certain harbors and rivers.
An act to authorize the selection of ccr
tin school lands in the Territories of Floi
iila, Iowa, and Wisconsin.
An act making an appropriation of cer
tain moneys in the Treasury for the naval
service.
An act to alter the places of holding the
district cour t of the United States for the
district of New Jersey.
An act to authorize the transfer of the
names of pensioners from the agencies in
the State of Kentucky to the agency in
Cincinnati, in the State of Ohio.
An act making appropriations for the
improvement of certain har'ooisand rivers
An act making appropriations to aid in
completing ihe harbor 'at Racine, on the
western shore of Lake Michigan.
An act making appropriation for certain
mprovements on the western shore of
Lake Michigan.
An act making appropriations forcer
'am improvements in the Territory of lo
Wa.
An act making appropriations for cer-
n improvement! in the Territory of
Florida.
Tarborough, Edgecombe County, J t Saturday,
An act to authorize the issniW nf rt.
eats for certain lands in the St. Augustine
land district in Honda, the sales of which
were not regularly reported.
An act granting to the county of Dubu
que certain lots of ground in the town of
Dubuque.
An act trrantiner a serrinn f lnt
improvement of Grand River, at the town '
of Poiosi in Wisconsin Territnrv 1
An act to establish certain post roads in
the Territory of Florida.
An art to authorize the Legislatures of
the several territories to regulate the p
portionment of representation and for oth
er purpose.
An act to confirm i0 the city of Fernin
ilin i, in Florida, certain Ion reserved for
public use by the Spijsh (internment.
An act giving the assent of Congress to
the holding of an extra ses.Monof the Leg
islative Assembly of the terr itory of Iowa
An act to amend an act entitled "An act
to provide for the armed occupation and
ehiement of the unsettled part of the pe
ninsula of Floiida."
An act lo provide for the erection of a
marine ho-pita' ,t Key West in the Terri
tory of Flor"
An act to connrm certain entries of land
in the St. Augustine land district, in the
IVrritory of Florida, made under the pre
emption law of 22d June, 1833.
An art making appropriations for the
-ervice of the Post Office Department for
the fiscal year ending the 30th June, 1845.
An act to test the utility of the subma
rine telescope.
An act directing the disposition of the
maps and charts of the survey of the coast.
An act transferring the exeru'ion of a
certain act from the Secretary of the Trea
sury lo the Secretary of War.
An act making appropriations for the
payment of navy pensions for the year en
ding 30;h June, 1845.
An act making appropriations for cer
tain objects of expenditure theiein named,
in the year ending 30'.h June 1845.
An act making appropriations for the
support of the army for the fiscal year end
ing on the 30th day of June, 1845.
An act making appropriations for the
civil and diplomatic expenses of the Gov
ernment for the fiscal year ending the 30th
day of June, 1845, and for other purpo
ses. An act to authorize the entry of certain
lands occupied by the branch pilots of the
port of New Orleans and others in the
State of Louisiana.
An act explanatory of the treaty made
with the Chippewa Indians at Saganaw,
the 23d of January, 1838.
An act making appropriations for th
naval service for the fiscal year ending the
30ih day of June, 1845.
An act making appropriations for the
i -- o - r
j Indian Department, and for fulfilling trea-
-.:.u : , i.t:.
Current and rout indent exDenses. oi me
i i-ujiutainin wuri uie wiiou iuimju
J tribes, for the fiscal year commencing on
j the first day of July, 1S44, and ending on
inu ju;n uay oi .lunc, ioio
An act establishing a navy yard and de
pot at or adjacent to the city of Memphis,
on the Mississippi river, in the State of
lennessec.
An act to authorise the Secretary of the
Treasury to grant a register to the British
boat therein mentioned.
An act relating to certain collection dis
tricts and for other purposes.
An act ditccting the disposition ot cer
tain unclaimed goods, waies. and merchan
dise seized for being illegally imported in
to the United Mates.
An act to repeal so much of the act ap
proved the 83d of August, 1842, as re
quires the second regiment of dragoons
to be ronveited into a regiment ol line
men al;er the 4'h day of March, 1843.
An act to amend the judiciary act, passed
the 24th of September, 769.
An act for the relief of the citizen" of the
towns upon the lands of the United States,
under certain circumstances.
An act telating to bonds to be given by
custom-house o (licers.
An act to amend an act entitled An act
to te-orgarize ihe General Land Office."
An act to amend the act entitled An act
to establish branches of the mint of the
United States."
An act Jo establish a port of delivery at
the city of Lafayette, in the State of Louis
iana. An act to repeal an act emitted "An act
directing the survey of the northern line
ol the restrvation from the half breeds of
the Sac and Fox tribes of Indians by the
treaty of August, 1824," apptoved March
3, 143.
An act relating to the port of entry in
the district of Passamaquoddy, in the Slate
of Maine.
An act relating to the unlading of for
eign merchandise on the right bank of the
Mississippi river, opposite New Orleans.
An aci to provide for the. adjustment of
land claims within the States of Missou
ri, Arkansas and Louisiana, 'and in those
parts of the States of Mississippi and Ala
bama south of the 31ft degree of north
latitude, and between the Mississippi and
Perdido rivers.
An act concerning the Supreme Court of
the United States.
An act supplementary to the act entitled
'An act to regulate trade and intercourse
with the Indian tribes, and to preserve
peace on the frontiers," passed 30th Jun,
1834.
An act respecting the northern bounda
ry of the State of Missouri.
An act to authorize repayment for lands
sold by the United Stales without authori
ty of law, and other purposes.
An act to refund the fine imposed on
the late Anthony Hoswell, under the sedi
lion law, to his legal heirs and representa
tives. An act concerning conveyance or tlevi
ses of places of public worship in the Dis
trict of Columbia.
An act supplementary to an act entitle!
'An act to regulate arrests on mesne pro
cess in the District of Columbia, " appro
ved August 1, IS42.
An act providing for the insane asylum
in the District of Columbia.
An act to incorporate Georgetown Col
lege, in the District of Columbia.
An act for the benefit of the stockhold
ers of certain banks of the Disliict of Co
lumbia. An act for the relief of persons residing
within the reputed limits of the State of
Arkansas or Louisiana, and beyond the
boundary line between the United States
and the Republic of Texjs, as established
by the commissioners appointed to ascer
tain the same.
A joint resolution accepting the sword
of Washington and the starTot Franklin
A joint resolution of respect for the
memory of the donor of the camp-chest oJ
General Washington.
A joint resolution respecting the appli
cation of certain appropriations heretofote
made.
A joint resolution providing for the
printing of additional copies ot the journals
and public documents.
A joint resolution in relation to certain
property purchased for the use of the Uni
ted Stales at the port of liath, in the Stale
of Maine.
A resolution authorizing the corporation
of Baltimore to use a building of the Uni
ted States at Lazaretto Point.
A joint resolution to authorize the Post
master General to re-examine certain
claims, and to allow one month's extra
pay to certain mail contractors.
A joint resolution tendering the thanks
of Congress to the British authorities at
Gibraltar, and the command, officers and
crew of her Britannic Majesty's ship Mai-
ana.
A joint resolution directing the Auditor
of the Post Office Department to enquire as
t'j the contract ofSaltmarsh and Oveiton
with the Post Office Department.
A resolution respecting receipts issued
by the Treasurer of the United States in
payment of public lands.
A resolution suspending the joint resolu
tion -providing for the printing of addition
al copies of the journals and public docu
ments. A resolution for the relief of certain clai
mants under the Cherokee treaty of 136.
A resolution relating to the public lands
at Springfield and Harpei's Ferry.
VETO MESSAGE.
To the House of Representatives oft he U.
States.
I return to the House of Representa
tives, in which it originated, the bill enti
tled "An act making appropriations for the
improvement of certain harbors and riv
ers," with the following objections to its
becoming a law:
At the adoption of the Constitution,
each State was possessed of a separate and
independent sovereignty, and an exclusive
jurisdiction over all streams and water
courses within its territorial limits. The
articles of Confederation in no way affect
ed this authority or jurisdiction, and the
present Constitution, adopted for the pur
pose of correcting the delects which exist
ed in the oiiginal articles, expressly re
serves to the States all powers not delega
ted. No such surrender of jurisdiction is
made by the States to this Government by
any express grant; and if it is possessed it
to be deduced from the clause in the Con
stitution which invesis Congress with au
thority "to make all laws which are neces
sary and proper for carrying into ex
ecution" the granted powers. There
is, in my view of the subject, no pre
tence whatever for the claim to power
which the bill now returned substantially
sets up. The inferential power, in order
to be legitamate, must be clearly and plain
ly incidental to -some granted power, and
necessary to its exercise. To refer it to
the head of convenience or usefulness wouh
be to throw open the door to a boundless
and unlimited discretion, and to invest
Congress with an unres'rained authority
The power to remove obstructions from
the water courses of the States, is claimed
under the granted power "to regulate com
Jahj G, I
fyrni,'-iilniiMinrii. . -.
th foreign nations, among the sev-1
s. and with the Indian trihe.s;';
merce wi
era I Slates
but the plain and obvious meaning of this
grant js, that Congress may adopt rules andj
regulations prescribing the terms and con
ditions on which the citizens of the United
States m iy carry on commercial operations
with foreign' s'ates or kingdoms and on
which the citizens or subjects of foreign
stales or kingdoms may prosecute trade
with the United States or either of them,
and so the puver to regulate commerce
among the several S ates, no more invests
Congress with jurisdiction over the water
courses of 'he State than the first branch
of the grant dos over the wa'er courses of
loreign powers, ivhich would be an absur
dity. Th right of common use of the
people of the Uoi el States to tip; navigable
waters of each and every State, arises from
the express stipulation contained in the
Constitution, that the citizens of each
Slate shall be entitled toidl privileges and
immunities of citizens in the several
Stales." while, therefore, the navigation
of any river in any State is, by the laws of
such Sttte. allowed to the citizens thereof.
the same is also secured by the Constitu
tion of the United States, on the sam
terms and condition, to the ciiizens of eve
ry State; and so of any other privilege or
immunity. The application of ihe reven
ue of this Government, if the power to do
so was admitted, to improving ihe naviga
tion of the r veis, by removing obs;ruc
lions, or otherwise, would be for the mot
part productive only of local benefit. The
consequences might prove di-astronsh
ruinou. to us many of our fellow citizens
as ihe exeicist; of such pover would bene
fit 1 will take one instance furnished by the
present bill, out of no invidious leeiing
tor such il would be impossible for me lo
tell, but because of my greater familiar ity
with locations, in illustration of the above
opinion. Twenty lhouand dollars are
proposed to be appropriated, towar. s im
j proving the harhorol uichmoud, in the
Mate of Virginia. imcU improvement
would furnish advantages to the city of
Richmond, and add to the value of the pro
perty of its citizens, while it might have a
mont disastrous influence over the wealth
and prosperity of Pe'ersburg, which is sit
uatcd some twenty five miles distant, on a
branch of James River, and wich now en
joys its fair portion of the trade. So. too,
the improvement of James River to Rich
mond, and of the Appomattox to Peters
burg, might, by inviting the trade to those
two towns, have the etfVct of prostrating
the town of Norfolk. This, too, might be
accomplished without adding a single ve
sel to the number now engaged in the trade
of the Chesapeake Day , or bt inging into
the Treasury a dollar of additional reven
ue. It would produce, most probably the
single eflVct of concentrating the cormerce
now profitably enjoyed by three places,
tipon one of them. This case furnishes an
apt illustration of the effect of this bill in
several other particulars.
There cannot, in fact, be drawn the
slightest discrimination between the impro
ving the streams of a State under the pow
er to regul.ite commerce, and the mo.-t ex
pended S) stem of internal improvements
on land. I'he' excava'ing a canal or pav
ing a road, are qually as much incidents
to such chim of power, as the removing
obstructions from water courses. Nor can
such powf r be restricted by any fair course
of reaoning, to the mere lact ot making
the improvement
It reasonably extends
..al inir i lulnrii n t 1 a !
also to the right of seeking a return of the
means expended, through the exaction ol
mils and the I. vying of contributions.
Thus while ihe Constitution denies to this
Government the privilege of acquiring a
property in the soil of any State, even for
the purpose of erecting a necessary fortifi
cation without a grant from such State,
this claim to power would invest it with
control and dominion over the waters and
soil of each State, without lotrh tion.
Powers so incongruous cannot exist in the
same instrument.
The bill is also liable to a srrious objec
tion, because of its blending appropriations
lor numerous objects, but lew ot winch
agree, in their general features. This ne
cessarily produces the effect of embarrass
ing Executive action. Some of the appro
priations would rtceive my sanction if sep
arated from the rest, however much 1
might deplore the reproduction of a system,
which, for ome time past, has been per
mitted to sleep with, apparently, the ac
quiescence of the country. I might par
licularize the Delaware Breakwater, as an
improvement which looks to the security,
from the storms of our extended Atlan'ic
seaboard, of the vessels of all the country
engaged either in the foreign or the roast
wise trade, as well a the safety of ihe
revenue; but when, in connection with
'hat, the same bill embraces improvements
of rivers at points,-far in' the inteiior, con
nected alone with the trade of Mtch river,
and the exertion of mere local influences,
no alternative is left me but to use the qual-
fied reo, with which the Executive is m-
vested by the Constitution, and to return.
v 1
the bill to the House in which it originated
fr its ultimate reconsidetation & decision.
In sanctioning a bill of the same title -,
with tht returned, for the improvement of ,
the Mississippi and its chief tributaries, and
certain harbors on the lakes, if I bring
myself apparently in conflict with any of
the principles herein assf rted, it will arriso
on my part exclusively from the want of a
just appreciation of localities. IheMfc--is-ippi
occupies a footing altogether differ
ent from ihe rivets and water courses of "
the different States. No one State, or any
number of States, can exercise any jurisdic
tion over it than for the punishment of
crimes and the service of civil process. It
belongs to no particular State or States, but
of common right, by express reservation,
to all the States. It is reserved s arieat
common highway of the commerce of the
whole country. To have conceded to
Louisiana, or to any other States admitted
as a new State into the Union, the exclu
sive jurisdiction, and, consequently, the
right lo make improvements and to levy
tolls on the segments of the river embra
ced within its territorial limits, would have
been to have disappointed the chief object
in the purchase of Louisiana, which was to
secure the free use of the Mississippi to all
the people of the United States. Wheth
er levies on commerce were made by a for-,
eign or domestic (Jovernment, would have,
been equally burdensome & objectionable.,
The United Stales, therefore, is charged
with its improvement for the benefit of a'
and the appropriation of.GovernnV
means to i's improvement becomes ir
penstbly necessary for the good of all.
As to the harbors on the lakes, the acl
originates no new improvements, but
makes Appropriations for the continuar
f works already begun. It is as much
duty of the Government to construct g;ood
harbors, uithout reference lo the location
or inteie-ts of cities, for the shelter oTitho
extensive commerce of the lakes, as to build
breakwateis on the Atlantic coast, for the
protection cf the trade of that ocean.
These great inland seas are visited by de
structiie storms, and the annual less of "
ships and cargoes, and consequently of
revenue to the Government, is immense.
If, then, there be any work embraced by
that set, which is not required in order to
afford shelter and security to the shipping
against the tempests which so oflen sweep ,
over those great inland seas, but. has, orf
speculation and local interests than in
of the charatter alluded to, the House i
Representatives will regard my apprc-i
of the bill, more as ihe result of misinfor-'
mation, than any design lo abandon C j
1UUU rr j
lfid(i
mutiny i. we- jji iiitipiifl miu ouvvii;
message. Eerv system is liable
into anuse, ano none more so man
dtr consideration, and measures canna; t
too soon taken by Congress to guard agr isi
this evil. JOHN TYLER."'
Washington, June 11th, IS44.
IMPORTANT.
Mr. Madison his auihority decides the
question of the rihtof the U. States to
;inn'X Texas. .
Mr. Madison to .Messrs. Livingstorlttnd
Monroe.
Department of Store, May 28, 1803.
As the question may anse, how far, in a
state ol war. one of the parlies can, of right,
convey territory to a neutral Power, and'
thereby deprive it enemies of the chance
of conquest incident to war. esneciallv
when the conquest may have been actually
tTf-otnA fit id itiniinltl ' - ' i "
r..j , u.wuiH piuper to ooserve
to you, 1st, That, in the present case, the . ,
project tf peaceable acquisition byti;e.
United Slates, originated prior to the war,1
and, consequently, before a project of con
quest could have existed. 2d, That the
r ight of a neutral to procure for itself, by a "
bona fide transaction, property of any sort .
from a belligerent power, ought not to be "
frustrated by the charge that Ja rightful
conquest thereof may be thereby precluded.
A contrary doctrine would sacrifice' the"
just interests of peace to the unreasonable
pretensions of war, and ihe positive rights
i flfonp nation Intho rnAikfA : l-. r t
i'wuic iiiii.i ci anoin-
er. A restraint on the alienation, of tern
tory from a nation at war to a nation at
peace, is imposed only in cases where the
proceeding might have a collutive refer
ence to the existence of a war, and might
be calculated to save the property from
danger, by placing it in secret trust, to be
reconveyed on the return of peace. No
objection ot lhisnrt can be made to Ihe ac
quisition wp have in view. Themeasures
taken en this subject were taken before the
existence of the appearance of war; and
ihev will be pursued as they were planned,
with the bow fide purpose of vesting (he
acquisition forever in the U. 'States. '
With these observations you will be leik
lo do the bcjt you can, under all circling-
s'ancesvfur; the inteiests of your country,
keeping in mind that the rights we assert
are clear, that objects we purpue are just,
and that j nrj will be warranted in provid
ing for both, by taking every fair advan
tage of emergencies. oiaie 1'apers,
Foreign RtlatioigJgl. Mp- 562.
I?
4i
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