X&kt
tit am.
'CHARACTER IS AS , MUTANT TO STATES AS ,T ,S TO 1NDITIDT7ALSJ AND THE GLORY OF THE STATE IS THE COMMON, PROPERTY OF ITS CITIZENS.'
II. I,. HOLMES, Editor and Proprietor.
TERMS
-ia .nnii:ii ifnniri in nHv'nce : S3 if Fin I rl zit
the end of six months; or 63 50 at the expiration
of the year. Advertisements inserted at the rate
of sixty cents per square, tor tne iirst, and thirty
. c U aiiKcnnnpnt i imfrt i OT1
cems lor cav..
Court advertisements and bherift 's sales, will be
charged 25 per c nt. nigucr man mc iisuai iuic.
have thenumber of insertions intended marked upon
them, otherwise they vfill be inserted until forbid,
and charffed according.,-
,-pLettcrs on business connected vvita this estab
lishment, must be addressed H. L- Hoimb., Edi
tor of theNorth-CaroIininn, and in all cases post
paid.
ENTERTAINMENT.
T
to a
F7E SUBSCRIBER, having been satisfactorily
en asred for more than three 3-ears in attending
Boarding House,
Feels encouraged to say to the public, that her
HOUE and L'ABLL- !S are well furnished for the
reception and accommodation cf those who may be
pleased to call.
All the STAGES arrive at, and cVpart from mv
ypsred to frive sc eral satisfaction to p.-isscns-crs.
Ai y residence is on me cor icr of c. liiespie street,
!ic lot formerly occupied by Mrs. B.irrc, convenient
o the market, and near the State Bank.
JUrs.E. S?HTH.
Fayetteville, August 5-4, 5SX 6-tf
:LJ-The Raleigh Rcirister, Wilmington Adver-
iscr,tvhcraw 'BZitte and r-alisburv V atchmp.'i,
rill insert the above 3 months, and forward their ac-
lounts to this oflico.
FAYETTEVILLE, SATURDAY", NOVEMBER 23, 1839.
FOR SALE.
T ARGE Mpi of Mississippi and Alabama
jILi shewing the Public and Indian Lands, Idian
Reservations, Lnno Districts, Townships, &c. en
graved from the Government surveys and plats in
the General Land Office. Washington City by e!
GiMiam, draughtsman in the General Land Office.
. F- Taylor, book-seller, Washington City has
just published (nd secured the copy right accord
ma to law) the above Maps, which will bo found
: ; """'"! auu accurate than anv
heretofore pubhshed. They are published on ep
nratit sheets, pne-h rntrir;n.r n....i , .
1 ... . '. , " iy a square K!et,
and will be found especially iiser and valuable to
those interested in the lands of either Stale as they
show every Hem of information whirl, is in the pos
sessor, ol the Lnnd Office relative w ,er courses,
township lines, Indian land and Reservations, land
districts, fcc. and will be found perfectly accurate
and prcc.se In those points. Thev can he sent bv
mail to any part of the United States, subject to
1 - mo uoiinr or inrpe
copies o illier will be sent bv mail for 5 doIUrs.
A liberal discount will be made to travelling agents,
or to aev who will buy to srli-aain.
. f-J-u'iors ot newspapers, any where, who will
live til" above nlv.. if. c. ,.,....,t "1. .i- .- .
iiii:iiiomir ioisi norici
one or two insertions, shall receive by return mail a
copy of each map, if they will send a copy of the
paper containing it, to liio advertiser.
VOL. 1.-JTO. 39.
COFFEE,
SUGAR, MOLASSES &. SHAD.
2
Pi
PIANO FORTES.
A Variety ot Piano t ortes are opened t '.he Fc-
Tm. mills Seminary, for sale on commission. Thev
fc-L- !ro 11 tlie best manufacturers in .ew 1 ork, and
arranted. Thev can be well boxed for s fe con
Icvanee to any part of the country. Tlie prices varv
In 11 I 5 1 to 43 jV, and can b had
iur months, for goo 1 negotiable n
Sc ;;i:iarv, or to Col. 8. T. Hawl
Fayetteville, Oct. 1 ', I -3J,
on a
tes.
crer'it
Apply
33 tf.
of
at
BATCHES, JEWELRY.
&C. c'C- Sec
IE subscriber has just
received a large assort-
. r ment of GOLD and SIL V :-' R
'I'f.'. PATE N'T I..:VF.I, Lr;o
"v - i-.nd plain Watches of various
.'t2-'-' '. ;-ja!ities fine and common
-; i f-.iio able.Tetve'lry of every
' scription. tog ther w ith a
ilcndi-l assort v,e-t rf -ILVEfl and PLATEH
re, suc'i as TaMe, i' -a. D. sseit. Cream, Mustard
HSaU Spoons, Sugar Tm?, C:tt, Cake Bsk'fs,
tors. Wine St in ("an:ll. sti ks, SnrfT rs.
y Untfer and Fruit ivnivs Evrv nrticf- in
MILITARY lin", words, Fpaubtts, Buttons.
ce, Stars, I lu ues, Sas'v s. Drums, &c.
Af.SO
variety of oth"r ertide-, viz: Block' Tin and Bri-
And-
rua 1 ea and CofT e ' ots. fl-rmnn Si'vr Tab!
Tt, Tea an I -nit Sprvon a-r'Fo
is, onnvefs loi"s. anu
r? r Maers, Astr.tl an 1 .iTantle Lamps wi?h
ips. -rlas s an : c iim"v, Large and Small v.--:i-
f en an J P c t Kniv s, Large an ! --'(eall Seis-
fc, RaT-vs and flaror Straps Unir Cloth, Crumb.
Bin. rl.-'s 1 nn t tlearth ' il ,! -IfS, Do'ibl'' and
jr'e L3 irr'i onnt 'jt :ns ' . an i; itc hot
der Flasks P-i-eis in ' 'aps. Cmhfr Powder,
nt 'A'ir 'Jfirtn !g-s, Po k Tit(,U Dirks. Vio
Fhites, Flag'-o!-tta, Mns'c Bot-s. -Fifea. Piano
Flute Mtii'-, Perfn.n"rv of everv kind. Walkin"
", Drill and Slver Kr'v! X ..dies. Ever pointed
ei s, t ooM-mcks, I we-7.-rs. Saiokin" Pines.
cy Boxrs, Batt!et!or"s. Chess T-n and Boards.
r find Steel Spectacles, Sh I! Side, Pocket and
!si-ig Co nH, Steel Pens, Mathematical Insf ru
nts, Pole C'lains. Purveyor's Compasses, Ther-
et ts, Do?j Cellars. Paints. Purses. Pocket
kks, Coral Xeeklaces, Card Cas-s, Guitrs, &e.
Clock and "WatcTi
airing and oticr work in the line, thankfully re
ed and strictlv attended to. W. PRI R.
ayetteville, October 19th, 1S33. 31-tf
OUSES AND LANDS
4
m
50 Bags Rio, "j
0 Bags Lauira, fW"-
10 Bn-j.s Old Java, J
10 Hint. Sunr,
10 HhcSs. Molnsscs,
5 Barrels of Siiad.
Tor Sale by GEO. AIcXElLL.
Xovi.'inlier y. 13)9. 37 tf
J. ?n J. 2TIa23.
AVE Jnt receiverl a lare assortment of
A n tier Boltir.v; Cloths. h:chi be sold
Ar rd 13. 13'J.
E.J.&L.R. CLARK.
Respectfully inform their
friends and the public, that
thev have opened a T I X,
SHEET IRON and COP
PER WARE
iManufactorv.
5 doors soutiuif tiie AJarkrt
IJouse, on Gillespie street.
where they will keep, con
stantly on hand, a full assortment of plain and Fan
cy Japanned 'i in Ware.
" JCB WORK done at the shortest notice.
'flj Orders fro.ii the country, would receive
prompt attention. June 8. lo:6m
II A T
A T S!
FOU SACK-
HE subscriber being anxious to re
mo' p t the VVcs. eff rs for sale
'"f 46 acres of la 'd with two good dwelling
mmt houses. and other improvements; the land
etterthan common sand-' ill land, go d water,
a situation very desirable for a summer resi-
ft. It i sir iati-a on i m !e west of F.i verfi-ville
till b? sold in one tract, or divided into lots to
purchasers. J 'AVID OLE.
ktobcr 12, 1839. 33-tf
Wholesale and Retail Dealers in flats,
H A V E just received their SPRING
Stiii'k. nnd contmnt' to irinntifnelnre Silk and
Fur Hal-, at the north east corner of Market
Srjnare, Fayetteville.
Also, a full snpp'v of Hatters' Trimmings.
N, . B. Highest price given tor Furs.
Apr! G, 1819. C-tf
PITTSBOROUGH ACADEMY.
f H 1 IE exercises of this I istitution will commence
H on tho Sth July next, under the superintend
ence of the former Instructor, Air. J. W. Lorcji.y.
T E H 31 S !
; Classics, S 1 per session,
, Enn'ish, 15 do
Th'e following ere the branches taught in this In
s itutjjon, viz: Latin, Oreek French Alirebra, Arith
metic, G-eometry, History, Enrrlis'i Grammar. An
cient and Modern Geography Xavigntion and Sur
veying, heading, Writing- and Sp lling.
in Addition to the preparatory course in the '"las
sies, Mr. Lov joy will give unremitted attention to
young gentlemen in Algebra, Geometry, History,
Ancient and Modern '"'eography, and will permit no
Scholar to pass out ot 111s Hands without a compe
tent knowledge of the aboi-e branches.
the Trustees of this Institution, under a deep
sense of the great evil flowing from i nperfect teach
ing in so - e of our Academies, hesitate not in recom
mending this Scho 1 to the public, having had am
ple testimony, during a twelve n:o iths residence
among us, of the ability, propriety and general in
telligence of Air. Lovejoy in all matters connected
with teaching.
Pittsborough, June, 1839. 22-tf
a
TRUST SALE.
tonfonriitv to the uro visions contained in a
Dt;cd of Trust, made to us by John McLeran,
expose to public sale on the 19th (lav ol
ember next. at the Dlantation of the said Me
a, the f.Vlawi'iff nroDerty. viz: a ouantitv of
, Kidder and peas, farnnnii utensils, stock, sr.
D, all the interest, ijorht and title -of the said
a McLernn in attrl ttir. fXtlr.-i ti rr niwAS or
('Is ot Lrinfl. VI7- nnp Trnel rnntnininn 70 arrfs.
he V. si,b; ofC F ;ar River, JoininsrB iie,Df w,
mors, and a lar; portion of whiel, is cleared,
"l a state of cultivation. ALSO, one other
, " ' ' ' WW I w I.V..V .J, I .ill Jl A. t v . ' o
k, and near the above mentioned. And on the
wing day, at. his residence, one nero man. all
Household and kitchen furniture, one set of black
''j's tools, one Wajfin and Gear, Lumber a:
iSaw Mill qi... Ar or i.: ,.;..!, i .
BJu to three othe- tracts of' land, containing six
'red and eight acres, joining John Colvin and
r9, on Jiininer ftreeU whereon saill jVIcLemn
'ves, and o.n which there is a Saw Mill in
repair.
"Terms liberal, and made known on day of
J0UX McNEILL, Frustee:
' t'ie same times and places, I will offer for sale
L!"tereRt in the lands described in the above ad-
"ment. MARY McLERAN.
wemhcrO, 1839, . 37-5t
MERCHANT TAILOR,
H"EGS leave to return thanks for the liberal pa
Jt tronage he has received, and also to inform his.
friends and tne public generally, that he still continues
.1 V .-I ; T : II 1 1
to Carry on uic j. aiiurni uusuicki nt tin us wi nv-iiT-r.
He has received the latest fashions for the SPRING
and SUMMER of 1839, and is always ready to exe
cute orders with neatness and despatch.
P. S. All those indebted to the subscriber either by
note or account, will please call and settle the same im
mediately, as cloths cannot be bougnt without casn.
. May 4, 1839. jO-tf W. L.C.
NEW STAGE LINE,
From Fayetteville to Warsaw
HE cheapest and most expeditious and com-
fortalde route North and South
vine, is l iii lcvv o 1 AUIU LINE the subscribers
established in January last.
from Fayetteville, intersecting
rne Wilmington and Raleigh
Rail Road nt Waisaw Depot.
arriving wi t.uie loi in- Cars both North and South.
a nis un nas one uav's a.lvantaoc over any other
line uc-i wccn x-ayeevnie and Augusta, Ua. Pas
sengers only have the fatigue of 49 miles staging,
and loss of one night's elcep, from Fayett evil le( via.
Wilmington and Charleston) to Augusta, in forty
Going North by this line, passengers will find
less statins than on any other Route now in opera
tion; and in a few months, the Wilmington and Ra
leigh Rail Road will be completed, and there will
only be 49 miles staging from Fayetteville to New
York.
Passengers by this line can have their choice at
Weldon, N. C. to fo bv Washington City, or to
Portsmouth and take the Bay Boat- for B.iltin ore.
On this line t he stages h ave Fayetteville Sundays,
Titsdays and Thursdays, for Warsaw Depot, Leave
Warsaw D pot for Fayetteville, on Mondays, Wed
nesdays and Fridays. "
The subscribers having prepared themselves.
passengers will find on the regular stage dav, two
srag-s, it necessary; and will run an EXTRA
STAGE at ill times when necessary. No pains
will b;; spared on this line to g':ve the public satis
faction. w
BAKER & BLOCKER,
Fayetteville, Sept. 14, 1S39. 2tf yVopricorj.
THE subscriber 'wis .-.lio.it three thousand of
these tr. es F' lR SALE, the price of which for
In; fies -nt, will be one dollar and fifty cents per
lundreil lor buds, an I twenty cents for roots. On
ales o '5100 and over, tiv roots will not be chnre-
I. Many of the trees are now eight f et high liom
lie bail.
I. WEi -UOKK.
I have 1000 small trees average "night 3 tect,
which I will sell at 50 cents each.
Fayeitevi'le Sept. 7, 1833.
Fayetteville Female Seminary.
WILL open on Monday the '4th of October,
under the personal direction and instruction
of Messrs P.AI E Y & -THENCE t, assisted in eve
ry department by able Fe nale Teachers. Mrs.
S'-f.vc r w ill have personal charge of the Elementa-
... t.. o . - nnt the l-.rK- in ehrrf of the Music De
part ment will pay special attention to the cultivation
ot the voice to accompany me i iano.
. - - r
October 2, I JJ "-
Timber ami Lumber Agency.
PTTt TT V. siiVxsorihpr will nffpnd to rh.fi snle O
JL TtMREIl. I.I1MRRK &e. in tup Town of
Wilmington. North Carolina, for alLncrsons wht
innL' fnVAr linn Willi llioir i-nmmiseinn. TT nlerlcws
J ' - r
himself to procure for them at all times the highest
rriccsfor such articles as they may trust to his
management. He is i n po way connected with the
Steam Mills, or their Agent; and will givethe best
security for the faithfu I discharge of his dnties as
A . Mil T- r - m . T
flgcni. - ivi i ij 11.0
Wilmington, N. CJ.Feb. 23, 1839. I-tf
LAFAYETTE HOTEL.
FayctteviUe. Xortli Carolina.
THIS FSTABLISHMEXT will be open after
the 1st of An rusi, "under the management
and direction of the Suhsrciber. The House has
been thoroughly repaired, and will, in a few days,
b- well furnished; and every effort will be made" to
render it worthy of patronage.
LU v A R D l AR BROUGH.
JirMsf 3, 1339. 23-tf
it3The Augusta Chronicle (weekly, ) Raleiirh
Register and Standard. Wilmington "Advertiser.
Grei-nshoroiiijh Patriot, Salisbury Watchman, and
Ch!raw G;izette will insert ilie aiiove three rnou'.hs
and forward their accounts to the subscriber.
E. V.
MORUS MULTICAULIS
02O HEWAHD.
I. W.
28 tf.
ill
VALUABLE PROPERTY FOR SALE.
THE plantation on the Cj;c Fear liiver, re
c. ntly owned and cultivated by John M. Dob
bin, Dec'd. better known as th? "N .itiun ito i t rrv
daiitation" Emlirucieg in ab.iut 22Gl) acres
much of it in a hih state of cultivation, and w. II
fenced, thu balance wcl! litnberod with Oak, Hii-ko-ry
nn Pine. It has on it two comfort. h'e-dwel
ling Houses a -id other convenient out IuiiMmijs,
tinr water, str -ams oil which are now standi ig a
nil! and Gin t louse. T.ie Ferry is also i-iclud-'d
:md b in f on tlie b"st road to C ia; 1 Hdl and
flil'shoiou;di, with but little attention iulht be
prolitabl.-- proper! v. D' stance from h a veiteville
ibout 32 miles. U.ipital ites lor oiton J? a-iorie.s.
The plantation is susceptible ol u division into two
or thre parts, which would be mad- to suit pur
chasers If th above pro'ierfy cannot be sold at
private sale beftre the ensuing Fall it will th"n on
further notice he disposed ol at public sale. Per
sons residing in the low country and others desi.
ronsof purchasing n healthy situation and valua
ble plantation would do well to 'examine it. For
further particulars apply to.
July G. 1 330. 13 tf.
Trn Dollars Reward.
RAN off n the 1 th inst-fro-n my residence, ot
Cape fear River, eight mi'es above Fayette
ville, my negro m m APRIIjL. He isalittlebiight,
with thick bushy hmr, very bow
legged, when walking r cks very
much, nnd has a great i upedi nent
in his speech. Said boy is about
five feet five or six i -ches high,
and weighs about 145 pounds, age
about 30or3l years. The above
reward of TEN DOLLARS will
be paid for his delivery to me at
my residsnce in Cu nberLnd co inty, North Caroli
na, or five dollars if confined in any Jad, with infor
mation so th.it I can get him a sin.
HENRY R. KING.
Fayetteville, November 16th, J83D. 3S-4t
SALT! SALT!! SALT!!!
4tfiWtdb BUSHELS, Turks Island
Coarse and White Salt,
Just received, and for sale bv
BARRY & BRYANT.
W ilmington, N. C. Nov. 9, H39. 37-3t
TEACHER WANTED.
GENTLEMAN well qualified to teach, will
find a good situation in our neighbo hood.
W.L. HILL,
H.HODGES,
J. K. HILL.
Duplin County, N. C. Oct. 4th, 1333. . 33-tf
RAN away
from the
subscriber living
in Chatham Co!
1 1 miles'west of
PlTTSBOROUOH,
mv Negro man
CHARLES and
!. ....r. 11TlVk
ClliirleS l4 Of lour UI....I. -1
- - -..ou.iic, uiiitu cii:ipiexion, ano
somewhat cross-eved. Juno is of a brighter com
plex on rather stout built, and has a scar by the
side ol her noo i mL
about HFTY YEARS of a-e. It is supposed
that they have obtained a passand are aiming lor
Isladcn count v tvl..... T .. r . r t
junii b lonuiT inainr IJOiin
Lucas,) resided. .The above reward will be paid
t .r their delivery to me, or confinement in any Jail
so that I can get them again.
JOHN HEADEN.
N ovember 7th, 183D. 38-4t
A SMALL FARM
For Sale.
A PERSON, whose occupation prevents his at
tendance to the proper cultivation of a Farm
offers it foivsnl , and thinks its location, and the
terms on which it may be purchased, will induce
any one wishing to purchase a s nail farm, to call
and make an off r. The Tract contains
150 Acres
ol Pine, Oak and Hickory
land, of which, about twenty
acres are cleared, with a goon
comfortable dwelling house,
kitchen, and other necessary
out biiiljmgs; with a thriving, young Peach and
Apple Orchard, and a never fading spring of excel-
lent water, it is on tlie I urnpike road, 6 or 7 miles
West of town, and within 2 or 3 miles of the ex
tensive Mills and Factory being erected by Messrs.
Hall and Johnson. It is in an excellent neighbor
hood. Forf.irther particulars ennuire at this office.
Fdycttevillc, November 16th 1839. 33-tf
Bank Checks for sale at this office
Governor Polk;s
Inaugural .iddress, delivered at JS'asliville,
on lite lAth of October, in presence of the
tiro Houses of the (General Assembly, and
a large concourse of his Fellotc-Citizens.
Gentlemen of the Senate,
of the House of Representatives,
and Fellotc-Citizens:
Deeply impressed with a sense of grati
tude to my fellow-citizens for tlie confidence
they have reposed in me by elevating me
to tlie Chief Executive office in the State,
anil duly sensihle of the weight of reponsi
htioAr which will devolve upon me, I enter
llOn l,, r j orini.f
relyinar upon tlie co-operation of the co-ordi-n;ite
departments of the State Government
in all such measures of public policy as may
be calculated to maintain the high character
of the State, and to advance and promote the
interests, the happiness, and prosperity of
the People.
A proper respect for public opinion, as
well as a compliance with the public expec
tation, seem to require that I should upon
this occasion publicly declare the leading
principles which I -shall deem it proper to be
observed in the conduct of the State Admin
istration, so far as the action of the Execu
cutive branch may be concerned.
Under our happy system of Government,
the ultimate and supreme sovereignty rests
in the People. The powers of Government
delegated by the People to their public func
tionaries, are by our Constitutions divided
Between the Federal and State authorities.
The State Governments are not, as has been
erroneously supposed by, some, subordinate
to the Federal Government. 'They are co
ordinate Departments of one simple and
integral whole." The States have parted
wit'i certain enumerated and specified powers,
and bv the Constitution of the United States,
these are delegated to the Federal Govern
ment, and can only be rightfully exercised
by tiiat Government. "The powers not de
lected to the United States by the Consti
tution, nor prohibited by it to ihe States, are
reserved to the States respectively, or to
the People." By the partition of powers
thus distinctly defined, it is manliest that
each Government possesses powers Which
are withheld from the other. And solong
as each acts within its legitimate and proper
snhere the system worka harmoniously aud
afford., to Ihe citizen a greater amount or
. . - .- . i . i
security, lor Hie, imeriy, ami property, ami
n the pursuit of happiness, than is to be
found under any other government which
has ever existed. When either overleaps
the true boundary prescribed for its action,
and usurps the exercise of powers properly
beln"in to the other, the harmony ol trie
system is disturbed, and agitating collisions
arise which are calculated to weaken the
bonds of Union. hilst, therefore, the
States should be jealous of every encroach
ment of the Federal Government on their
rights, thev should be careful to confine them
selves in their own action to the exercise of
powers clearly reserved to them.
It will, 1 do not doubt, De tne patriotic ae
- A no T ir rw 1 1 r it 1 -I 1 1 lo
Sire Ol 1 11 V UUIlMHUCllin, r ..w .. " 1
mine, in the discharge. of the functions to
which I am called, that "the support of the
State Governments in all their rights, as the
most competent administrations for our do
mestic concerns, and Uie surest bulwark
against anti-republican tendencies," and that
"The preservation of the General Govern
ment, in its whole constitutional vigour, as
the sheet anchor of our peace at home, and
safety abroad," shall be scrupulously observed
nnd inviolablv maintained.
In ascertaining the true line .of separation
bet ween the powers of the General Gov'ment
andof the States, much difficulty hasoftenbeen
pnuerienced in the operations ot our system
The powers delegated to the General Gov
ernment are either express or implied. The
o-eneral rule of construction, laid down by
the General Assembly of Virginia ih 1799,
may be regarded as a sound one by which to
determine whether a given power has been
delegated to that Government, or is reserved
to the States, That rule is "Whenever a
question arises, concerning the constitution
ality of a particular power, the first question
is whether the power be expressed in the
Constitution. If it be, the question is de
cided. If it be not expressed, the next ques
tion must be, whether it is properly an inci
dent to an expressed power, and necessary to
us execution, it it be, it may be exercised
by Congress. If it be not, Congress can
not exercise it." If the power be not
expressed, it is not enough that it may
be convenient or expedient to exercise
it, for such a construction of the Consti
tution of the United States would refer its
exercise to the unlimited and unresl rained
discretion of Congress, to determine, what
would be convenient or expedient, thereby
making the exercise of important powers by
the General Government to depend upon the
varying discretion of successive Congresses.
It must be a "necessary and proper" power.
It must be an incident to an express power,
"necessary and proper" to carry th3t express
power into effect, and without which it coukl
not be exercised and would be nugatory.
Mr. Jefferson, whose sound expositions of
the relative powers of the Federal and State
Governments but few of my constituents will
be prepared at this day to question, near the
close of a lonir and eventful life of public
usefulness declared ,:to be most false and
unfounded, the doctrine that the compact, in
authorizing its Federal Branch, to lay and
collect taxes, duties, imposts and excises, to
pay the debts, and provide for the common
defence and general welfare of the United
States, has given them thereby a power to
do whatever they may think or pretend would
promote the general welfare, which construc
tion would make that of itself a complete
government, without limitation of powers,
hut that the plain sense and obvious mean
ing were, that they might levy the taxes ne
cessary to provide for the general welfare,
by the various acts of power therein specifi
ed and delegated to them, and by no others."
In all cases of well founded constitutional
doubt, it is safest and wisest for all the func-
ionaries of Government, both State and
Federal, to abstain Jrpmthe xercise.ofth
safest and wisest, to appeal to the people, the
only true source of power, in the constitu
tional forms, by an amendment of the funda
mental law, to remove such deubt, either by
an enlargement or a restriction of the doubt
ful power in question.
The Federal Government has at different
times assumed or attempted to exercise
powers, which, in my judgment, have no
been conferred upon that Government by the
compact. Among these, 1 am lree to declare
my solemn conviction that the Federal Gov
ernment possesses no constitutional power to
ncorporate a National Bank. The auvocates
ol a Bank insist that it would be convenient
and expedient, and that it would promote the
'general welfare," but they have in my
utlgment failed to show that the power to
create it is either expressly granted, or that
t is an incident to any express power, that
is "necessary and proper" to cirry that pow
er into effect. The alarming dangers of the
power of such a corporation (vast and irre
sponsible as experience has shown it to be)
to the public liberty, it does not fall within
the scope of my present purpose fully to ex-
T - C ... 1
amine. e nave seen tne power m assuciuieu
wealth in the late Bank of the United States
wrestling with a giant's strength with .the
Govern ment itself .and although finally over
thrown, it was not until a long and doubtful
- . . .... j
contest. lJuringtiie struggle, it manuestea
a power for mischief which it would be dan
gerous to permit to exist in a free country.
The panic nnd alarm, the distress and ex
tensive suffering, which, in its convulsive
struggle to perpetuate its power it inflicted
on the country, will not soon be forgotten,
lis notorious alliance with leading politicians,
and its open interference by means oi the
corrupting power of money in the political
contests of the times, had converted u into
a political engine, used to control elections
and the course of public affairs. No restraints
of law could prevent anv similar institution
from being the willing instrument used lor
similar purposes. The State ol lennessee,
through her Legislature, has repeatedly ae-
clared her settled opinions against the exist
ence of such an institution, and at natime in
its favor. She has instructed her Senators
nnd renuested her Representatives in Con
gress to vote against the establishment of
such an institution. In these opinions, here
tofore expressed by the State, I entirely con
cur. ...
Of the same character is the power which
at sometimes has been attempted to be exer-
ised bv the Federal Government, ol hrst
collecting by taxation on the people a sur
plus revenue beyond the wants ol that Uov
ernment, and then distributing such surplus
in the shane of donations among the States;
a power which has not been conferred on that
Government by any express grant, nor is it
an incident to any express power, "necessary
' for its execution. To concede
such a power would be to make the Federal
flovernment, the tax-gatherer oi me oiates
,H accustom them to look to that source
from which to supply the State Ireasuriea
and to defray the expenses of the State Gov
ernments. It is clear that this constituted
no one of the objects of the creation of the
Federal Government; and to permit its ex
ercise would be to reduce Ihe Sta tes to the
degraded condition of subordinate dependen
cies upon that Government, to destroy their
separate and independent sovreignty, and to
make the Government of the Union in effect
a consolidation. The power to make pro
vision for the support of its own Government
by the levy ofthe necessary taxes upon its
own citizens, and the adoption of such mea
sures of policy for its internal government
not inconsistent with the Federal Constitu
tion as may be deemed proper and expedient
"remains to each State among its domestic
and unalienated powers exerciseable within
itself and by its domestic authorities alone.1'
A surplus Federal Revenup, raised br
means of a tariff of duties, must necessarily
be collected in unequal proportions from the
people of the respective States. The planting
and producing States must bear the lanrer por
tion of the burden. It was this inequality
which has heretofore given rise to the iust
complaints of these States, as also of the com
mercial interests, against the operations of a
high protective tariff. If the proceeds of the
sales of the public lands be set apart for dis
tribution among the States, as has been at
sometimes proposed the operation and eflect
would be the same; for by abstracting from
the Federal Treasury the proceeds of the sales
of the public lands, a necessity is thereby crea
ted for an increased tariff to the amount ofthe
sums thus abstracted. To collect a surplus
revenue by unequal taxation, and then to re
turn to the people by a distribution among the
States their own money, in sums diminished
by the amount of the cost of collection and
distribution, aside from its manifest injustice,
is a power which it could never have been in
tended to confer on the Federal Government.
When from the unforeseen operation of the
revenue laws of the United States, a surplus
at any time exists or is likely to exist ia the
v ederal 1 reasury, the true remeoy is, to re
duce or to repeal the taxes so as to collect no
more money than shall be absolutely necessa
ry for the economical wants of that Govern
ment, and thus leave what would otherwise be
surplus uncollected in the pockets of the peo
ple. The act of Congress of 1S36, by which
a large amount of the surplus on hand was
distributed among the States, is upon its face
a de.posite, and not a donation ofthe sums dis
tributed. 1 he States have become the debt
ors to the Federal Government for their re
pane'vspfl"KrrVluJtnj ir.-'nmi tmhuvf mvr-
ded lor an absolute donation to the States, so
palpable an infraction of the Constitution it i
scarcely possible to conceive could have been
sanctioned. By making it assume the form
of a mere deposite of the money of the United
States in the State I reasuries for safe-keeping
until needed for public purposes, it became
the law. Though it may not be probable that
the sumsdisti ibuted on deposite will be called
for at any early period, it mdeed they will ever
be, unless in case of exigencies growing out
of a foreign war, yet the States should be at all
times prepared to meet ihe call when made;
and it will be unsafe for them to rely upon tho
sums they have received as a permanent fund.
They should rather look to their own credit
and resources in the accomplishment of their
purposes.
It becomes the duty of all tlie Slates, and
especially of those, whose constitutions recog
nise the existence of domestic slavery, to look
with watchful care to the attempts which have
been recently made to disturb the rights se
cured to them by the Constitution ofthe Uni
ted States. The agitation of the abolition
ists can by no possibility produce good to
auy portion of tlie Union, and must, if per
sisted in, lead to incalculable mischiefs. The
instruction of domestic slavery, as it existed
at the adoption of the Constitution of the U.
states, aud as it still exists in some ot -the
States, formed the subject of one of the com
promises of opinion and of interest upon the
settlement of which all the old States became
parties t the compact, and agreed to enter tn-
the Union. The new States were admitted
into the Union upon an equal footing with the
old States, and are equally bound by the terms
of the compact. Auy attempt on the part of
the Federal Government to act upon the sub
ject of slavery, as it exists within the States,
would oe a clear miraciion or me vousiuu
tion; and tov disturb it within the District of
Columbia would be a palpable violation ofthe
public faifh, as well as of the clear meaning
and obvious intention of the framers of the
constitution. They intended to leave, and"
they did in fact leave, the subject to the ex
clusive regulation and action of the States
and Territories within which slavery existed
or might exist. They intended to place, and
they did in fact place, it beyond the pale of
action within the constitutional power of the
Federal Government. Io power has been
conferred upon the Federal Government, ei
ther by express grant or necessary implication,
to take cognizance of, or in auy manner or
to any extent to interfere with, or to net upon
the subject of domestic slavery, the existence
of which in many of the states is expressly re
cognised by the Constitution of the United
States.
Whether the agitation we have recently
witnessed upon this delicate and . disturbing
snbjecthas proceeded from a mistaken philan
thropy, as may have been the case with a few
misguided persons; or what there is, I regret
to say, but too much reason to fear, from a
desire on the part of many persons, who mani
fest by their conduct a reckless disregard of
the harmony of the Union and ofthe public"
good, to convert it into a political engine,
with a view to control elections, its proves
should be firmly resisted by all the constitu
tional means, within the power ofthe States.
The most casual observer of passing event
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