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 i-n ill d, in Hi - il 9. . i :, . : -o .;-." r ! ' j r A : . u .:? d ri i 1 it:S 23 I PI 1 -..it;

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