Newspapers / The Tarborough Southerner (Tarboro, … / May 17, 1831, edition 1 / Page 2
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throw it away themselves. T'.ny can. do it fully as well as Congress at least they would have tho pleasure of spending it themselves, either in amusements, improving their farms, or educating their children. Some reading, a .cood deal of thinking, and not a little observation, have taught me that Legislatures never manage the private concerns of-the peo ple as well they can themselves. Ruin has always come of their so do ing. In addition to the opinion of the Supreme Court, going to shew that the 'power to regulate commerce is exclusively vested in Congress Justice Johnston also in the same case, giving his separatt? opinion says, in so many words that this power is -exclusive. The State authorities cannot legislate in relation to commerce with foreign nations, anions the States, and with the Indian tribes; this forms one whole subject, and is according to these high authorities vested by the Constitution exclusively in Congress. Is there any one who doubts the right of the State Legislatures, so fur as le gislation is necessary to making internal improvement within trie Stale, to do it? An ! if so, does it not follow from the nature of the powers ot the general government, that Congress cannot? The tiling is self-evident. The Cinef Justice, speaking of inspection laws, says: "They form a portion of that immense mass of legislation, which embraces eve ry tiring within the territory of a State not surrendered to the general government; all which can be most advantageously executed by the States themselves. Inspec tion laws, quarantine laws, as well as laws fur regulating the internal commerce of a State."1 Now let me ask, are not all the rivers,. bays, and harbors, within the Slate included within the limits of the Stale? And according to the Chief Jus tice, is not the legislation over them a part of that immense mass of hgisla tion which he says embraces every thi)ig within the State not surrender ed to the general irovernmcut? Have all our nublic highways have a-nivf them, been surrendered to the general government? Have even i; Head and the Swash? and if not, by what authority let me ask. dot con gress interfere with the rights of the Slates, with the riix its an 1 prop-u ty of the people of North-Carolina, without any sort of justification against the Constitution of the United States, and against the express claim ul the peo ple of North-Carolina, in their Declaration of Rights, whirl) is a part of the Constitution of the State, reserving this very right and power to them-1 selves? The words of this Declaration are: " I "That the people of this State ought to have the s-Je and exclusive right of re- ; gulating the internal government and police thereof." ; I ask, will the people aid and assist in the invasion and overthrow of thei: j own rights? Will they surrender their rights of internal government for' a tew paltry nonarr wnien, alter an, will be either thrown away or given to iuo?e woo nave 10 manage nopeiess wori;s worKs, many ot winch, from, the nature of things by the eternal rushing and battling of many wa ters must l.iil and be confounded. Who that has taken the trouble to ex amine into the causes of the occlusion of the mouths of our rivets, and out lets cannot perceive the hopelessness of such experiments as we are trying. Contemplate but for a moment the warrings of nature and the ele ments, along our coast, and then ask Congress to outdo the workings of the Gulph Stream and two mighty seas the external ocean ami the Sounds. According to geographers, the Gulph Stream which approaches near our coast, is the primary cause oT the shoals and obstructions which, stopping the free outlet of our waters, formed the Sounds. The conflict be tween the external ocean and these, no doubt formed that long strip of laud, principally sand, through which Ihe water must occasionally pass forcing open one place and shutting up another, so that every stoim produces chan ges no human means could prevent. Rut suppose the Nags-liead pro ject succeeds. Is it more fancy to say, in that event that ruin' and devasta tion in a considerable put of Tyrrel and Hyde counties will be the conse quence? If the phu now in contemplatioishould succeed, it can only do so by damming up the water of Albemarle, as the friends of the measure siy, to turn it through old Roanoke Inlet, which, if I am rightly informed has no water m it. If this scheme is effectual, is it not a matter of course that the ruin of a part of two counties must be the natural consequence? Not only o, do not all those interested in the navigation of the waters of Tar river, Pimplic.i river, Pamplico sound, and nil its tributaries, sec that they wil! sustain a great injury, by losing the aid of all that water going oyer the- Swash where there is already 'too little? Look at the map o? North-Carolina, which shews the relations of the two Sounds. It will be seen tint all tint supply of water, to be stopped or turned out of its course, goes into Pamplico and through its outlets to the ocean. Are those inter- i i . i.i t . . csieu uispuseu 10 ne deprived ot this advantao? I nMMpn n n in iV.I i low citizens of Tyrrel and Washington to say, whether they will pprsev.-re j in a p.du ui su uuuuuui a cnaracter as to success, and one o certainly ruin ous if successful? If it should not succeed, the money will be thrown" away: if it does succeed, it is purchasing ruin at a great price. This subject com pletely illustrates the whole system of internal improvement, which is a system of iniquity, a game of robbing Peter to pav Paul to ruin somebody else. I have before said something about the ir.Miffieiency of first rst.mate's to finish works of this sort. I could -ive many instances; I will -rive one the celebrated Cumberland road. If rightly informed, it was supposed tint comparatively a small amoun', I think one hundred and fifty thousand dol lars would answer. It has cost nearly three millions, say t wenty-srven or eight hundred thousand dollars, and i have no doubt more will be asked tor next, as there was lal session of Congress. I have but a word or two more in connexion with this subject. In mod em times there is but one sort of tyranny in government. It is the same in all governments, no matt-r what they may be called. It is takin- from the people under one pretence or other as they arc always told for their good -for the general welfare Ww proceeds of their labor, leaving them at length in the condition of the people of the Hrilish empire and all the peo ple of hurope (the actual producing classes,) the least portion of the profits ot their own labor. I he immediate means employed is taxation, taxation, either directly or indirectly, imposed upon the people for purposes which only make the rich richer and the poor poorer. What are the people of Europe at this moment struggling for? Is it not to throw off a load which has been put upon them by this very process? Then let me ask the people, alter the public debt is paid, which must be very shortly, will they still insist upon having fourteen or fifteen millions of taxes collected from them to be squandered in idle profusion? Take off this amount of li.o shackles upon commerce, will it not revive? will not that a-ain I say -ive new life to ngncmlture, to every thing in which the people are interested? i tear that tins communication will be much too long if the Judicial ques tion is included. 1 will only remark, that the act called the Judicial art is one of great length, containing a variety of mailer in regard to the Federal Courts, and their jurisdiction, whieh Last is sulr-d hviKr. n.. sell. Congress has only to organize the tribunals, establish their form of r.umj;, .ve. congress nas no right to alter the distribution of judicial power made ,y the Constitution. This, however, is what has been done in o her parts ot this act besides the 25th section. It has been done in several others as well aS that ami the 13th section, a part of which the Snorr-mo Oourt has ,, cided be unconstitutional, because Congress has altered that distribution made by lhe Constitution. The Court giving its opinio i, the case alluded to, says: ui thnlctofcotYsoOfe the S"prCn'C CT- ;,ct 'allis,iI; cer, . . i ",e1 hti". to 'ue wits of munJamiiH to puMic olli- ceis. appears not to be warranted by the Constitution." 1 ' of th'Vve" ' Srr7 notoric' re',e:,linS single s,c.io to violate 7, r . -f Cun&"S' 3 PA" "f which is here shewn ereat r l L 2 CnS"-,Ut,0n' Ca" re'!cal thc (;s'i""in, is not CRrM, I S'X Ciri,,e?1 Th,? c-'iluti ty. I sav no 0il, enacted by the people in their primary sovereign- vertiBnVrtKCrofTa' " wV' Wi"""" "" :css like thp Rr; k t , 01 ,,le l)00I)le 1 c,a,m my portion. y Con fess like thc British Parliament omnipotent? Can it -change and male afresh the Constitution?', Yet the doctrine advanced in Buchanan's Re port comes to' that, and is in effect the same with the old British tory doc tiine, the. Wg h Church and Stale party doctrine, that "the King can do no. wrong Parliament is omnipotent it can alter and make afresh the Constitution. " If Congress can repeal, alter, and make afresh the Constitu lion which the people have made, and, as they think, no other power has the right to alter, is not Congress loo, om nipotent? Can the general govern ment do any wrong? But for the present I must stop, because the sub ject woul3 extend this communica tion beyond any reasonable' length. It will be taken up again. Let me repeat, the general and State governments ought to be kept separate and distinct from each other, in all their departments, legislative, judicial, and executive. Unless this principle is enforced, confusion and disorder must be the consequence. Neither has a right to control thc rdbcr. If they have in one depart oi. ut, they have in all, and this is consolidation. A State Legislature cannot of right affect a law of Con g ess. Congress has no right to affect or a't'-r the laws of a Stale. An act of either, inc insistent with the Con stit::!i :; id itself void. Consolida tion . ,; dismemberment must equally d' troy the Constitution and the Uni a. Destroy one you destroy both. They are the .same we have no other Union than the Constitution, which let us preserve forever, as the ark of our political safety. T. II. HALL. Tarborough, May 12, 1S:H. S 'J J rlr'r-' " 'V TUESDAY, MAY 17, 1831. No Foreign News. Our latest ad vices from Kurope are to the 1st April, nearly seven weeks past. The next arrival is looked for with consi derable anxiety. Thc New Cabinet. The follow ing article from the New-York Cou rier and Enquirer of the Sth inst. contains the latest intelligence wc have relative to the new Cabinet: The Cahinct. Wc lnarn from Washington th.-it Mr. Liv iiiUMon nnd Mr. Woodburv iiiivu nre, pt(!(l ihu plticns in the cabinet licrctofort; i)ll;rcd thi'tn. Air. White; wast written to on tin; oils, but bis decision lias not yet been received, although then; is no doubt of his accep tance. Air. AIcLane's accept ance is equally certain. No change has yel been made in the OWee id' Attorney General. Air. Livingston left this on Tuesday, to enter upon the du ties of Secretary of State. Gov. Branch. The following let ter from She Hon. John Branch, late Secretary of the Navy, to a gentle man in this city, lias been handed to us for publication. Raleigh Star. Washington City, J3,1831. AIy drar Sin: You have no doubt, before this, seen in the papers accounts of the resigna tions of the Secretary of State and the Secretary at War, and tIio dismissal of the other mem bers of the Cabinet. The letter of the two form er, addressed to the President ot the L. States, present their reasons; and the motives for tiie dismissal of the others are assigned in the answer of the President to the Secretary of the Treasury and' myself. In these the President admits that the dismissed oflicers have fajtbfully discharged their respective duties. Dut intim ates that the want of harmony in tbe Cabinet, and the protec tion of two retiring Secretaries "from unjust misconceptions and malignant misrepresenta tions," made it necessary the others should go oualso. So far as regardsthe memb ers of the Cabinet, ais measure is comparatively oj little mo ment. It is, howcr, a matter of deep concern as .fleeting the character of the (pvermnent. In this point of vie the Amer ican people have.a right to know the whole truth; from whence the allegeddiscord ori ginated, by whom rid for what purpose, it has ben fostered; and in what respec and where fore it has been co nected 'with the public adminisjation of the affairs of the Njtion. The President is boujd to make these explanation to thc peo ple. If it were intentld to be in timated that I arrj responsible for the want of hatmony in the Cabinet, the charge is unjust. I deny that I purscd a course that invited hostifty. On the contrary, I went?as far as a man of honor cotld go in en deavoring to pronote a good understanding anj cordial offi cial co-operaiionj with all thc members of thc Cjabinct. But it seems I was ripected to go still farther, and not doing so, it has been held ood cause for my dismissal. It! it is asked, uhv I did not 'abandon the Cabinet a; id expose to tin; world the cialign influences by which it wis embarrassed? I would replu that I constantly looked forward to a favorable change, 'fhat especially I re lied for this upon the wisdom, firmness ind justice of the Chief Alagtrate. I have been disappointed. I have had the deep mortification to see him gradually discarding from liis 1 1 I 1 1 5 T counsels aau friendship ins old niversal. Some fields have and long tped supporters, and escaped entirely, and others thiowini nmseii into ttie arms or signs of commercial perity, which every wli-.r s their eyes. The Merchw1 New York, PhiladelphiJ118 Baltimore, arc believed pM Spring to have done a and at the same time a safer?' siness, than for manv ding seasons. We an' wise gratified to porceiv mentioned in the Boston C.'1 tinel. that husinoao t .... utl ... ..... , lo inere f i "lookin.o- iin." Shir. 0 0 ..r. 't'UU!l(lh was active, and Median? generally found ready eniplp merit. Rents had risen ' . rpi , . per cent. 1 his is pleasing indr ! -"While the 'old pears to be oppressed with 'ty' ranny, agitations and sanguis ry wars, and her people, Marius at Carthage, are templating the ruins about the!? it is cheering to every cit of this free Republic, to round upon the general state of prosperity, which we enjoy Our large Cities resemble the same Carthage in the days 0f her prosperity, described by the Poet as presenting all the bus. tie and activity of a vast ilhe Our commerce is active and profitable our manufactories are fast redeeming their charac ters, and rising superior to tle losses of past years. Our me. ehanics find plenty of employ, ment, and our farmers a readi market for their produce, From one end of the Country to the other, we hear of general rejoicing for the rciurnnjnr pros. perity." Pet. Times. The Wheat Crop.-M though we hear a good deal said about thc ravages of the fly, yet the complaint is notu- of persons whose cold hearted selfishness and artifices were played of upon him for true and faithful service. Rest assured, however, that whatever may be the public judgment as to the merits of this question, no consideration arising from personal feeling will induce me to take a course which I jdiould not believe cal culated to maintain the charac ter and promote the interest of the State which gave me birth. Business of importance, es pecially as enabling me to settle down permanently in North Carolina, will probably require my presence in Tennessee, where I may be detained until August next. On my return to my family, I hope to meet you, when I shall be highly gratified to renew that social and" friendly intercourse, which heretofore, so much to my satisfaction, has subsisted between us. In the mean time, I beg you to receive assurances of great respect and esteem. JOHN BRANCH. Respite. A free boy of col our, convicted at the last term of the Superior Court of this county of an assault with intent to commit a rape on a white fe male in Johnston county, and whose execution was fixed for Friday last, has been respited by the Governor until Friday, tbe 2d of September next. " Raleigh Star. Raleigh, May 12. A color ed woman and her child, were Killed in this vicinity, on Satur day last, by lightning. Reg. Home Prosperity.- Several of our Citizens who have re cently visited the Northern Ci ties, speak of the extraordinary bustle and activity, besides oth- have not been injured to a great extent. Upon the whole, considering that an extra quan tity was put in thc ground last fall, we have no reason to appre hend a diminished product...i&. Prospccis for Farmers. We learned in a cursory way on Saturday evening, that thc Fly has appeared in some pla ces, and is doing considerable damage to the Wheat crop, in somuch that some fields have been already ploughed up. We are not yet apprised of the extent of the damage which is threatened, or the precise quar- ters in which it has appeared We shall probably reccjya more particular information in a few days upon the subject: The Flour market has been reduced bv the last accounts Tn Nntv Vnrlr Rnltimnre. and in this Citv. tho nriirlnisa shade lower. Yet if a war is brewed in Europe if for instance, it'3 declared by France against Austria, and more especially11 there be any indication of i!3 spreading itself, pretty exten sively through the Continent it will give a rapid and vcr perceptible impulse to the pr ces of breadstulTs. The arrivals, indeed, must he 0 much consequence, not only the mere Dolitician. but to tn? farmer, the miller, thc merely and indeed persons w J classes. -Rich. Compiler- The Small Pox has been in troduced into Sampson Co)' we understand that several nc 1 nnd 1I1J no efficient means have bcej adopted to arrest its; progr by the Police of that Count, This is wrong; the Justices J the Pnnrn have the noer make such regulations as tf3l I .1 .riff 01 oe necessary to me scuunv the citizens, and thev ought
The Tarborough Southerner (Tarboro, N.C.)
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May 17, 1831, edition 1
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