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HI 3.6, 1020. Hi -v ; t ' 'A I . iff: ", . PUBLISHED I WEKLYBY ? f t WATSON & MAUHEN, J at53 per annum half paj able inCarance, TtHE ifulloiDe are a part Vr art in ' voice of EUROPE A N and DO MESTIC, GOt)I)S; xecVived ; this day per;i'oescnr. Sosan' Mary from N. York, : Red and White "f&k Bide Romatl and Berkley HHkfs. ' : ? Kxd and S.lk WotMir-S Cotton and Silk Hose and Half Hose Lustring Ribbons, Black Silk Cravats, ' French Plaids and Turkey Ginghams, V 7-8 and .44 Irish Linens, Pearl Vest 'and Shirt Buttons, . r?v ' 4 Black India Lustrings," f , " . ' Cambric, Jaconet, aid Book Mosllns,' Icedle .Worked Book do. some very . handsome- ' , t Spool Thread and Floss, CrapeLtsses,' Flag Silk HhklK very superior quality, Cologne iVV ater , Bomb .2 tts,; Bonnet- 'n y Boards, t - :'; : : -Fresh Imperial and Gunpowder Teas, in . 2 lb- Canjusters, , ; . ; Real Dutch Bolting Cloths, . ' . ' "... , ' BroWn and Bleached Shirtings SbeeW - ' jngS, &C.!i,: ; :';s: v7; W hich are offered at jrery low prices, by , G Bi pFqRp, & Uo. , Newbern. Fb; 11. '16. , A Fresh Supply just received and for sale at S. HALL'S Book. Store, v To SECUXE TBv PUBLIC .AGAINST IM- josiTioN.-The genuine Panacea, will liereaiier be . sold : iri white glasi bottles, oVan ; oblonel sauare shape, with i. the' words blown on the glass: on one side,' Swaim's Panacea, & on the ends. Genu ine, Piil(idelphia with a label represen ting Hercules destroying.: the: Hydra : another label cuocrjs the:cork, with ,- my name on its As ihe j cork, cannot i drawn without destroying it, the medicine may, be known to be genuine whea - the label has not been injured. V ? i , v Ndv::10"nuiA' v TWNTJE TH CQNQfiESS. y - Fiit Session; y settled., . Bu, ar, I do hotrortifv the con-1 bhe'of ,lhepctaUy 'enumerated powers canir exercisea raernv oy an tipprupria .tforif money and atsoythat ; by 1 this iConstrucjiph every clause .of the sentence kinder ironside at ion Ss i ; made to have' a tisiblfe meaning. &Jy-;t- V" !''v'-.v.'f f CbngrejH cannot borrow money -re' gulate ; rommefce--estab)ish an uniform rule of naturHliZ it6n coin ' money and regulate its value punish counterfeiting declare! war; &q by the etercise of the right of appropriation. ' These - powers 4re;all of a higher grade, lo V which thj power of appropriation may i or ntay.not be necessary and useful i it is rnerelvsui; sidiary when employed. ' This power of HOUSE OP REPRESENTATIVES: iirtZft i jmt interpretatioit of ihe IfJ I will arwndoh itg f i The Bin making appropriations for In i: Iiw irruai iiiipiurriucuis ucuig uuuer. cyiisi deration, Mr, BRYAN the ; honorable gentleman) from;, Pennsylvania bad con strued the constitutioo .oo broadly, n contending that Congress cld promote the general welfare by any act of legisla tion, which might be deemed conducive to that end. .;I read it fsaid Mr. B.) very diff rentlyi as I: think, Rfr. Speaker.: I suppose that , these expressions wejr e in tended.to. be limitation upon the power of approjpriation by Congressrwere inten ded to designate the objects for whtcr. taxes . should be iin posed, ' arid to which their proceeds should be applied.--( Here Mr. Miner explained.) f ; The Constitution declares that " Con gress shall have poerto lay and collect taxes, duties, Imposts, and excises, to pay the debts and .provide for the common defence nd general welfare.?'. In the e ditions of the constitution laid on our ta bles, there is a .semicolort after the word " 'excises but in ,the original roll which I have'1 examined in the Department of State, it is a com ma which restores the original reading of that important instru ment, v j ' ' . j- - .: ' . x The true as well as the grammatical construction of the sentence, then is, that the power of imposing taxes, is to be ex stroction with orecedf nts atone ; I will cbeerully enter, into tb ppen'field of r gument and throw: off the marit le df aU- tnority , and usage ; it it cannot: be sup ported by the j COhStltU!on itse power tjpnstrbe; the.full.exe;': 'necessarily incidental to either of them, S it may be"fairljnd leeitimately exei UecUVheo he constittitioo fivi-sapow-; er, , t he gran f is bsvluair plena rv , nd . should be Jibernliy construed toulfil ih ' intention. When a power is prohibited, " the same rule should be adopted. f U e.find,; sir, a grant f to Congress of plenary power of taxation The national . fund is derived , from the people-of the Union, by taxes opera ting upon thm in ¬ dividually, and not by requisitions as un appropriating monev, considered as dis tinct from other powers, is by no means a novelty in the history of limited Govern ments. By the British constitution, al houg)i the King alone can declare war, yet the Parliament have the sole power of der the confederation. The application granting supplies for the support oi me ol the fund to be thus derived, certainly ' war By our constitution Congressman demanoed'in ahigh degree theconsidera-! deciartf war, yet all bills for raising re tion of the , authors of the constitution, r venue (whout waich it cannot he sup and we cahoot' suppos iherii tohave been ported) pnust originate in the House of improvident in a matter in which they Representatives; The President and Se were all so deeply concerned, c - , nate may make a treaty, but the concur- All the Droiluctive ource nf revenue -rence of the House of Representatives were given to the general Government -1 may be necessary to carry it into execu- and that revenue was d be applied to ! t,on tf an appropriation be necessary pay the debts -but it could not have been It seems to me, therefore, that the supposed that! the nation would always peer of appropriation is not to be eonki be in debt. : If the last war had not oc- dered as altogether merged or absorbed cutred;; we should have had a verv large by the specially dedhed powers ; and surplus of revenue; and we 6o'd IVir. Jef-' perhaps it may 5e a salutary eoqairy tor ferson, in. 1808, 'anticipating this state of the Hue of Representatives sometimes, things; and calling the attention of Ctn to make, when an appropriation is askd- i giess lo: it in these remarkable word : Ior a eaiy, wneiner sucn in appiuuu- erctsed ;for - the purpose, , of paying the .j The. probable accumulation of the sur tion would promote the common defence debts and providing for the common de-! ptusses of revenue, beyond, what catvbeT and general Welfare. : v fence and general wele V . j apptifd 't the pa be glad, Sir, if any gentleman The power of apprbbriation, thus limi- debt, whenever the freedom and safetv of ould specify7 under which of the special- ted and modified, may, in my opinion sir,!? our commerce shall be restored, nieritsj h showers the donation of $2tKfi be exercised so beneficially" for :the great t the corisideMtiiiri f i Congress. " Shall it " 000 to General Lafayette was made ; uh purposes' of the union oi in aie,nu,7 uiipruuucuve vfn inef: puouc in strenerbettiogMHat union itself, by ii Shall the revenue be reduced ? -'' J UST received, n additional assort--ment of Dutch Bolting Cloths, (torn the lowest to the highest lumbers,; and; fut'sale by t G BR A DFORD, & Co. ; Newbern, Feb. 9 '1 6 ' I - . . FUmv and aw -Bread. ' Tj "NuING this day fiom - on board; -JL-i he schooner Trramphf from New4 y V.r k, ' L ' ' " , ':. ' -r : .,,::,; ; : ; GO Barrels Sui. Rocnesterj Flour, i I 26 do. Nv v Bread, and for sale by? J G BRADFORD, & Co. ; Newbern, FVbV 14: ; ' 'ON ATH V H, MUiSELL res "pecvully informs the inhabitants of fit- bern:that1)e will open, a School ir th- vacant: Iroom in the v Academy, ori W i. day 25th instant, in which will, be tiU'jh, the usual branches) of English! education ' t'erms quarter Nebetnj 22 Feb. 128.-17. tion, and other, great foundations of pros ' j has been derived 'the authority of Con pern y, anu union, under-ipe powers which gress io rem many millions io me pur vaults ? vhich ot them was the bounty of Or shall &50,000 given to the suffering citizens of creasing its valae to each of its members, 1 it net rather be appropriated to the im-s t L'araccas, when - that city was destroyed that f it would be-matterofr regret if it !: prpvebit.bt of roads, canals, rivers, educa- by ah earthquake; or from which ot them snouia oe aisciaiineu. amess for most imi perious reasons . No American cao re gard without feelings of pride and gratu latiori the monuments of utility and great ness, to which ; its exercise has already given Within U j? p-.v- .v:' -'ly '$;?. e , It is welt known tbt the Cumberland Road, uniting the Atlantic and western States,' by an easy communicati mi and w hich may vie in magnificence and utility wiih many of the proudest works of ant i quityr owes its origin to the exercise, of this power during the administration of JeffersooV l),' -:;-' -v-;' ? v " ' ' ;. This same power.has been, manifested in those truly national wprks ; the Chesa peake and Delaware, and the: Dismal Swamp Canals; which open -a line of in terior communication between the nor Congress niaaireaysss, or such mendments of the constitute ti as may be approved by the Staies ?I ?While( uncer tain of the course3of things, the tim may be advantageously employed in obtaining the powers necessary fora Vy stern of im provement, should that be tbooght oest.'! ; What powers over ; these subjects. Con . gress . already possessed in his opinion, may he tnfei red from the acts passed ,and approved by him during his administra; tion ;:.some of wWchhave ciiedv Uni der the operation of our present financial system j the "public guished in the course of a few yeats; and the urplusses oT revenue will be 4 very great.- ii ine ouues on imports were re chaseTS o public lands, on account of the distressful changes of the times, fit is easy to perceive, Sir that if the goverrt irhent had not this power, it would not oniy be incompetent' to obey some of the most imperious calls of gratitude and hu manity, but even many of those of justice. Sir,' the idea of a common fund for com mon objects is by no means new in bur political history.-When Virginia ceded her immense western and northwestern territory to the United States in 1784, after . certain reservations Tor Mmdrtarv bouhti.es, &cV,- itcwas.ipctally'provifed Hoose of Representatives on-the. loth ded should become r. WO, trom Oreenleal' New York would be as great an inroad upon Stat" rights as the construction of a tcad. T ensure the regular and certain 'diffusion of inleljigence, politic jI; commercial ; , and private and tbat. this raig h'., be effecle.1 (by a system rbich should pei yide the Ujii' tt. wiihp uniformityT this, jjower ,was vesjed in the Legislature pVi.Ihe Union. . . WVs it intended t tjiat he Genera GoverntnVnt should; be depemient. upon auy one State for the? fulfilment of Ihe duties with w hich itascharged fbrhe benefit of the whole t Can any ; State, refuse to 'jiermit . the Ot-neral Government to transport thcr mail threugh her rtetrtofy if Can it ob struct a mail. route, and prevent the Ge neral Government frnm Vemovinj? the ob struction flAi it can; then fatty one State can annul i a constitutional "po wer hich the whole people oi", the United States have granted. , II a State cannot tin this, then? the penerajy Government hav;. a right to open and contrucfa post road, if necessary for the transportation of the mail, v"-- v ; ; : v . ''"'. V' The Cbnstitutioii ias not only confer red those specially defined! powers, but, out, ot abundant caution, has conferred upon Congress, the' right' to' mke all laws which shall be necessary, and proper for, carrying into execution the foregoing powers." In carrying; into execution the power to estalish Tpost - offices arid ' post roads, Congress have provided : lor the punishment of r offjnefs against the p4st OflSce; regulauons, and have prQtected the fnaitjagainst robbery by the punish ment of'death in Certain cases. Now, if it be , necessary and proper for, the due exercise of this powerj to take away hu man lifei as has beep done under these laws, it may surely be contended that ihe Government have a right to construct a road when necessary for transportation of the mail, especially, as the owners of" the land over , which such ; road might pass, would be entitled to compensation under the clause of tiiex constitution which provides- " that - private property shall not be taken for public use without just compensation," .hich seems, to C'iitem plate such a case as this. . In. 1796, du ring the Administration of; president Washington, and shortly after the adop tion of the Constitution, this power seems to have received; a practical construction from i very, high authority from those who largely contributed to its foamatioQ and adoption. Mr. Madison and ' Mr. - Baldwin were both members of the Con vention which formed the nnstiiution, arid both appear to have admitted the ex ercise of this power, as contended for, io the clearest manner, ' , T . .: .' ;' ) I cite the report of the proceedings of 1 o . ;,i . i ns, from 3 fo 5 per quarter ; (a being considered.12 weeks.) " CURE FpR , fn addition it xupply of ', " OR lADlA fclXrrRACT, T i Just received! from1 the proprietor, and or sale, by the dten or single ,Box, i! the Book Store of h , "a r THOMAS WATSON. ! thern and southern sections of the Union, j doced to the lowest grade, say 5 per Cenu oi great TiiiHC'iaiiic operation oi com line revenue .wuuiu. sun oe jar more than merce - intime-of peace and indispensi adequate to the ordinary expenses of Go Die iu liiusr upcruiiuns in time Of War. l think 'it twill be found, sir, if gentlemen will search' our statute books; that under almost, every -administration of this1 gov eminent, works of internal imrrovement hate; received the s aid of ithe National i Treasury,' and sanctions of vernment r as this diminution would be .compeusated by the immensely increased impot tatforis. ;, ,This reduction would also effect the annihilation of our manufactur' ihg institutions, which,vthough tbi mUch pampered,? ! should jno wish fodestrby; id of course the successive Thesesurplusses, after pay merit pf . the the eminent statesmen who debtsUhe constitution directs to be ap- December 15, GOODS. ; x OHN L. DUR A N D, hki jqst, re ceived, a new and elegant assortment I RKADY M A DE CLOATHING.- - ' 1 ' ' .' ALSOjj''j: '.fn.';.ftl"f. Oentlemeo's fine Biaver Hatsl vV f .Imitation do. do.: XvBSfT'y ' :S: GentlemenV fine ShoeS 5 ltyr do. Pumps, ..i".;4 ' n .Ladies Morocco Shoes, do.; y yB6yg01:-. j together with a large assortment of coarsJ Shoes, all of which will be sold verv lov wr casa. ; " . - Feb. 21828 '14 ?20. ;r N the . da' oi the " Schri o deel on Cane " Hatteras Beac L-aht House i loVdevd' With'iu riberi IVesjeljargbVan'rf SlaerialaV hay e beeri k duly sdvertised arid solcf !tiv ,me as Conti fl iaaer of ; Wreck's for the'btitf fitfalf I riarUc'ip4torkinl the Wenu . whicri led to America, of Chirleston,?' was strati J near, the The' -'stucu, oi wniCO tnV' win, -i?iiom;e mi . . i r . i r ir. , have filled the Presidential Chair. "Gen. r plied Io '' provide for the common de Washington ;was a: devoted friend to the Jerice and gerieial welfare. " . system arid Viewed it atone of the strong f It ; would, not be disputed that many of est bonds of union, his capacious mind, $ the internal imprbveraents' which' have early ai 1784 contemplated the union of received pecuniary aid frorii Congress tne waters oi me inesapeaKe anu AiDe-most essentially - contribute to the com i A m. i .1. . f: I'll .c ' '.' r . '-- -"...'.'-'. marie suunu ,. anu me iismai pwamp s mon aetence ana general welfare and are Canal may . boast oi turn as its projector. , " great foundations of prosperity and ti 4, Besides the Act flo regulate the la7niori.?' Some of them, as the Louisville ing oatnpmaking of roads from pam ?m-t?v - :v 'iiji.uu, m iiici vioic wi iuub v, are more uenenciat to SutefOhio, there were seyera wv 'nv'H,"6'.,Mv yHiH?iiBUUii U I lucv Uduucii ti Mc locaieit I J11S Canal is most exteasively beneficial to the States above and below the falls. The general welfare is more promoted by it than the particular .advantage of .Kentucky.- , It might be ' Contended, r with as much: pro priety, that each State should support the light-houses on its cbist designed for ge neral benefit, as that any bne.State should hear the 5 whofe Jaorden and expense of . woras oi wis, csaracter, -v. -. It may weISe contended hat the cotOf mon aeience and general, o-elare are to be prompte4Mio the ppwersafierwards specifically granted, or specially dened.; f iVu lhMe powers iCatmot be exercised merely by an .appropriation of monev s f pme do not even require srich art appro- pi tauuii iur tueir exercise ; ana oiners are noterciie"ji:at lv.;I amveryrfromJ; ctendirihat Congress have-.a discretioriar power to legislateforthe; gCnerat welfare ii the simple -appropriation bftmoney may: as I contend, be made for objects conducive to I tne general weiiae ; provided tney are in lhat all the lands so ceded - a common iun-a ior ine use and beneht of the United States.'' Wheri. Nbrth Carolina, in 1789 eded her western lands; it was provided (with the exception of :hat'-pbfli(iri reserved tor h'-r omcers and soldiers,) that they should be consi- uvfwu o a vuiunu -i , miiu HT H1C" use. rnitl Ka fi t 1 rf 11 nit's, A i " oterica, according, to their respective and usual proportion in the 'general charge arid expenditure," Ssci:Z ' y- ':t , '.: t y Ta take ari additional -'view -of this - parts iuc uojpci, ii may oe continued mat j the United States have the right of ves- j ct cu oy cjiaie aumnriiv. ine Mft ' efferson, "for ; the construction of roads. Under -the ' Presidency of ; Mr1. Madison, several acts of Congress passed, and of course received bis sanction; dt reeling . their construction in the new States. .Among others I cite the act of the 12th Dec. 1811, aothorizinga road to '. be, opened and made under fhe'diretf tion of the President of the United States,' from the foot of the rapids of the iVltamt, &c, ln.the, State of Ohio, of the ,8th ' of Januarv, 1812, enacting that " the Pre aiaent snail cause io oeopenea ; a roaa jo the same state. I have found. other acts during his administration, for constructing roads in the States of Illinois and Tennes- see, unaer tne supsequem aaminisira- tionsacts of this, kind; have been numer ous; arid hundreds of thousands have been apprppriated to, interna 1 - improvements I then, , this question coutd be settled by precedents, and,t)ie authority, of statesmen eminent 7far. integrity and talen andv . ha ving peculiar ppportunities iof , knowirig what powers were.interided ito be confer- rd y he .wnsjrtuf ion ;.bein (Ja uny'sv. .-riT.of f MlSirmii bf that constitution, and PHIiM 0 11 Ihe deliberations of ;the I nies , reasury of, the United States certainly may avail jtself. of the conveniences and aids aflforded by State Banks : I it may re ceive property of. any kind in $alisfactibrt of debts tp the United: Stales. The gov erhment niay law of any kiridof property toaid e; exer cise oi its constitutional powers, as , or slaves : for' coristructibn: of fortifications ; arid surely, upon the . same principle, if may vest its money in stocks of State in j stiiuiions, as a nnanciai operation. . nis House has lately sanctioned, by an almost unanimous vote, the holding of stock. by the K gbverrimerit; in the United ' Staies? Bank Any foreign government, corpo ration, or individual, enjoys the priyilege br yestirig -their Jmoriey in Sftejnstita-, lions'; and it seems lib qae, Sir, that much rnbre, danger is to be apprehended from that source, than from the government of thy'0nitvaj,ta1tes.' '. But; Mr; S3akerJtb rpqrsue i the sub ject, we find among the specially granted onsn ikjsi o races powers, a, right. " to esta a ii d post roads,: ; ,lri tbi Journal and Patriotic Retiter ' Alr. Aladison moved "'that '-the resolu tion laid on the table some days, ago, be taken up, Vrefative to. 'he- survey, of; the post roads from Main to .Georgia, (which being read,) he observed,, that two good effects' would arise from carrying this re solution into eff-ci -the shortest route would be determined on, and persons, having a stability of roads, would make improve merits upon them. i ik f " Me . Baldwin was glad to see this business brought torward ; the sooner it could be carried into fleet the betterJ n many parts 'of the country there were no improved road.-. nothing better than the original Indian track, &c. r 1 ".It1 was properly the - business of the General -Government to undertake the m. A MM. Am . C m, , ' f . L. . . . 1 '. H. ....... ' States r - a re uincombent : to the; buMiiessft their different designs' clashing with each otheri:"-'!s rij'tti ' tt " V Mr. Bourne and Mr Williams made a fie wj observations)' 'JLfV-V l ' Mr. Madison explained ihe nature and object of the resolution. He ' said it was the Comhiencement of an extensive work. He wished ribt to extend it. 'at; present. The ; expense ;'of the' survey ' would be great. A -.Thb Post Office would ' not 'ob ject iou.v-yxy yy .v-1 1 his being a contemporary expositrbrf. arid from such a venerated and enlighten- ed source, must bel considered, I pie. sume, as ehtitled to very; great weight, if libt decisive pf the questiori; V .; To 'proceed Sir, s in ascertaining the sources; froui; whence' t his po wemay be derived The war-making power: with its 'bropein ad necessary incidental pow-. e construction of : efs, "!is coiifined to" the General Govern. such instrument as tne constitution ot the men! ; ana, in inerxerewe u Kr mow- Uriited Su.tes.'thegalifc.a it may be necessaVy Government, it seerasto meu propeVto make a road or 'temal,lfas ahmiin nor can in ine - flin nr in philologist, & indulge in verbal criticisini,; but should; rather scan it with" the . liberal eye of the statesman, anxious to eriforce- tts full and fajtbtul execution: according to its spirit ana t tne mteniion of . its aqV triors, v I would, however, remark, id pax- j the exisencv of the case may reqture. ln takirig'tbisyiew of the subject it may be use.ii to inquire whether these-are oi-ins j prdirily employed in.condoctmgi war- i like operations of whftrhdt riot ' essentially JconduceVto thmilitaryr de. fence of thVcouritry,' and to the'eflfVciuil the fVrecks: f'cpuyniion, which, formed JtViiL- would p Hwteras, Cvist-Jaa.;188i3 wtia. la have been fully and conclusively riyes mucb. weight from the fact, that n.it ed by Congress as a , post "toad,: whi i - v. 't) ' t or t: ; , - ;. ( f;,' - 1!' i ! I- If ')' A- I y 3 'if i t . 1 I. -, f V ) ' . "-'-;.'V:.
Newbern Sentinel (New Bern, N.C.)
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March 15, 1828, edition 1
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