Newspapers / The Tarborough Southerner (Tarboro, … / June 12, 1832, edition 1 / Page 2
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Vested in Congress are plenary pow urs they are then of necessity ex clusive peters. And, if so, they cannot intermingle or be made con current, or conjoint with the powers of the State Legislatures and it fol lows as a matter of course, that with in their proper sphere of action, when confined to their proper and constitu tional purposes, the powers of the Slate governments are equally plena ry and exclusive. Both are so in their proper place, neither so out of it. Accordingly then, to the fprego ing doctrine, the power to "regulate commerce with foreign nations, a mong the Several States and with the Indian tribes," being like all the oth er constitutional powers of Congress, a fall power over Ihe subject, must be exclusive and cannot be participa ted. This being true, it utterly pre cludes the idea of the right of Con .gress to effect in whole or in part, by any means, a system of Internal Im provement, within the jurisdictional limits of a Slate the State govern ment undoubtedly having the right. The only works or edifices in the character of improvements which Congress is authorised to erect or fab ricate within any of the States, are provided for, in the latter part of the 8th section of the first article of the Constitution. In order to enable Congress to erect needful buildings for the operations of the legislative and executive department, and that the Federal Government might have a local habitation as well as a name, it was provided that Congress should have power j "To exercise exclusive legislation in all cases whatever, over such district, (not exceeding ten miles 9quare,) as may by cession of particular States and the acceptance of Congress become the seat f the government of the United States, and to exercise like authority over all places purchased by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, dockyards, arsenals and oth er needful buildings. The control of those subjects is en tirely in Congress they are the only objects in the character of improve ments, or edifices within a Stale which Congress has the power to make, and not even these without the pre-requisite of acquiring the whole and exclusive government, by pur chase and cession over the places where erected; with which places af ter this, the authorities of the State in which they may be cannot inter fere in any way. There is a great mistake in supposing that the im provement of rivers, bays, inlets, and harbors, and making roads and canals in the States, sland on the same foot ing. They are no where provided for, either directly or indirectly, in the Constitution. Does any one sup pose that the States would or could cede to the General Government, the rivers, bays, and all the public high ways upon which commerce is car ried on? If so, what would be left what power would the State govern ments have? They would be utterly useless. The Constitution of North Carolina expressly says: "The property of the soil in a free go vernment, being one of the essential rights of the collective body of the peo ple, it is necessary in order to avoid fu ture disputes, that the limits of the State should be ascertained with precision." Then, after describing the boundary line on the south, it says: "Therefore all the territories, seas, waters, and harbors, with their appurte nances, lying between the above descri bed line, &c and the south pm 1 1 n f nf Virginia, are the right and property of .in- ijcujjic ui uns atate to De held by them in full sovereignty." I believe Sir, no part of these things has been parted with or ceded, nor could they be, without a violation of the Federal Constitution, unless for such purposes as have been provided for in the instruments. Congress has power to build forts, dockyards, &c. within a State, only upon the same principle that it could build the Capi tol, the Executive Departments, Na vy Yard and other needful buildines in the District of Columbia, not be cause Congress had the right to leis late, but because having first obtain ed, by the method pointed out in the Constitution by cession and purchase lrom Maryland and Virginia, full power over the District, it could then, .and not till then, place or erect any such improvement as it might think proper. And so of the other subjects mentioned. It will be seen in the Jaws, fust and second volumes, that immeaiaiely after the Government went into operation, nrovision w. made for the cession of light houses with the same views as seemed to have been applied to the subjects mentioned, and what then was deem ed to be the construction, may be learned from the practice of the Gov ernment in regard to light houses, as acted on then and since, as will ap pear by the following extracts from Gordon's digest of the laws: 'No light house shall be built on any site previous to the cession of jurisdiction ove r the same to the United States; And under the head of offences against the United States, &c. "If any person or pcasons within any fort, dockyard, navy yard, arsenal, armo ry or magazine, the site whereof is ce ded to and under the jurisdiction of the United States, or on the site of any light house or other needful building belonging to the United States, the site whereof is ceded," fee. It will be thus seen that all these objects were classed together, and the same requisites necessary to enable Congress to erect them: even if ad mitted, that light houses are needful buildings in aid of commerce or the navy, Congress could not make them within the jurisdictional limits of a State, without first obtaining exclu sive government over the places or sites, as in case of forts, dockyards, &c. wilh which they have been classed. Mr. Speaker, I have thought prop er thus to allude to light houses, be cause they seem to have been a sort of stumbling block, and a kind of last rallying point of the friends of inter nal improvements, or as a hook or place to hang a doubt on and parti cularly to call the attention of a friend who I see across the way, to the sub ject as he and myself have frequently in a sort of Committee of the Whole on the state of the Union, had this with other subjects, and particularly the Union itself, under consideration. But I think they have sufficient to distinguish them from the general class of objects, known as internal im provements. But they seem by ma ny to be considered as a sort of mon grel, or thing of doubtful character. If gentlemen please they may consid er them as a kind of political zoophy tes, corresponding to that doubtful or intermediate class of beings which form the connecting link between the animal and vegetable kingdom; let gentlemen consider them as the inter mediate link between the two gover mental authorities; make them politi cal zoophytes. Mr. Speaker, the power to regulate commerce, like that to regulate the mail, so far as relates to our public highways the ways on which com merce is carried on, and the mail transported, is merely a right to pass .1 rm over tnem. i tie power to regulate commerce, and the mail, is a power over the subject and vehicle, and docs not affect the highways. Congress legislates over both these subjects, so as to make and prescribe the legal rules by which they are to be gover ned; and when the judicial power is required to act upon cases originating under these laws, in connexion wilh either of the subjects, the Federal Courts take cognizance of these cases. outdoes it not occur to the most un informed, that any other cases, origi nating on those public highways, than such as are concerned with the mail or with navigation and commerce, re fer themselves to the jurisdiction of the State tribunals? It Congress has the right to make, alter, amend, or abolish our public highways within the States, none of which have been ceded to it, does not even a blind man see that the consequence must soon be" an entire obliteration of all the power of the State authorities, and in that case our system of govern ment is destroyed by consolidation? It must, I think, be perfectly plain, according; to the foregoing reasoning, that the exercise by Congress of the power to maue internal improve ments, either roads and canals, or those upon water courses, harbors bays, &c. is entirely unauthorised by the Constitution. It Congress" has not this power, then it has not the right to do so in any way or by anT means, and ot course it cannot do it by the use of money if it has not the power, then it has not the right to use the means to arrive at the end What, let me ask, is power, but the use ot the means to accomplish any purpose means in use are power de faclo real practical power. Even the consent ot a State would not give the power. The consent of a State could no more give Congress a right to do that which it had not the right to do under the Constitution, than could give another individual a right to do an unlawful act. If Congress under the power to pass laws for the regulation of commerce laws or le gal rules to settle the quo modo of in tercourse, and exchange has th right to make the ways on whic commerce is carried on still more would it seem reasonable that it should make the vehicles; for, accor ding to the doctrine assumed, that Congress has u right to do whatever will facilitate commerce, and if a pow er to regulate is a power to make, then Congress has the power to make or cause to be made, every thing hav ing any relation to commerce, not on ly the ways but vehicles, such as mer chant vessels, canal boats, carts, drays, and wheelbarrows, merchants' ware house wharfs, &c. and under the pow er to regulate commerce among the States, as a facility, they could make wagons. pedlars' carts and any thing else. Sir, as there is nothing which facilitates commerce more than arti cles, the exchange of which consti tutes commerce in its most confined ignification Congress may appro priate money to make or encourage be making of every thing which is bought and sold, all things which en ter into commercial exchange, either foreign or domestic. But if the im provements of the public highways is of commerce, within the meaning ol the Constitution, what will gentlemen do wilh that part of it which says: "No preference shall be given, by any regulation of commerce or revenue, to the ports of one State over those of an ther." Whenever half a million is given to improve or make ports or harbors n one State, it must, to comply with he instrument, be given to all having any ports or harbors. 1 his, Mr. Speaker, is surely a most extraordinary power. In addition to he authorities already given, showing he exclusive and plenary nature of le power to regulate commerce, with oreign nations, among Ihe several States, and with the Indian tribes, the following is also given, from the opi- lon of one of the members of the Supreme Court, in the case of Gib- ons vs. Ogden. Speaking of this same power, he says: "And since the power to prescribe the imits to its freedom, necessarily implies the power to determine what shall remain nrestraincd, it follows that the power must be exclusive.' The same idea is expressed by Jus tice Baldwin in the cae of the Indian, asself, as may be seen in Peters' Reports. The Chief Justice in Gib- jons vs. Offdcn, speakiner of inspec- ion laws, savs: 'They form a portion of that immense mass cf legislation, which embraces eve- u thing within the territory of a State ot surrendered to the General Govern ment; all which can be most advantage ously executed by the States themselves. inspection laws, quarantine laws, as well as laws for regulating the internal com merce ot a State. Now let me ask, are not all the riv ers, oavs, harbors, roads, canals. &c. within a Stale, included within the territorial, and jurisdictional limits of the State? And is not the legislation over tnem a part ol that immense mass of legislation which the Chief ustice says embraces every thing within the State not surrendered to the General Government? Have all our public highways: have any of them been surrendered to the Gene- al Government? H ve even Nairs- lead and the Swash, places alreadv alluded to in this discussion? And if not, let me ask by what authority does Congress interfere with the rights of the States wilh the rights and property of the people of North Carolina, without any sort of justifi cation against the Constitution of the United States, and against the ex press claim of the people of North Carolina, in their declaration of rights, wnicn is a pari oi me uonsmution Ol the State, reserving this very right and power to themselves? The words of this declaration are: That the people of this State oueht to have the sole and exclusive right of re gulating the internal government and po- IIVU lllt.lt.UI. . From the doctrine of plenary and exclusive powers which I have advo cated, and which I think correct. Congress either has the whole power of internal improvement, or no part of it. This all pervad ins: power, the regulation of commerce, is a broad mantle which hideth a multitude of our political sins. Sir, it leads to things of a most strange and fantastic character. I have said that com merce, in its most confined sense, is an exchange of equivalents in this I am again borne out by the high au thority upon which I have so fre . i i quenny drawn tor aid. From one of the opinions delivered, in the case of u moons vs. Ugden, we have the fol lowing: "Commerce, in its simplest significa tion, means an exchanire of e-nnrU.- ; the advancement of society, labor, trun. portation, intelligence, care, and various mediums of exchange become "commodi ties, and enter into commerce; the sub ject, the vehicle, the agent, and their va rious operations, become the objects of commercial regulation Mr. Speaker, 1 have been astonish ed at the extent, amplitude, and vari ety of action assumed under this pow er. Sir, the following sentence will disclose, what 1 venture to pronounce, neither yourself nor any member of this body, would ever have dreamed of. Sir, it is a claim for Congress of a most singular faculty. Nothing more or less, Sir, than under the power to regulate commerce, Con gress may do what, Mr. Speaker? You could not guess in a fortnight, Sir. Nothing more or less than pro pagate seamen the things among others spoken of, as subjects of com mercial regulation, are ship-building, the carrying trade, and propagation of seamen, &c. Now, Sir, for a little philology: I believe it will be found, upon examining our dictionaries, that the word propagate, means, to conti nue by successive generation. Now, Sir, I believe it has been settled longl since, by the metaphysico-physiolo-gical philosophers, that ihere is no such thing as equivocal generation. It must, therefore, be unequivocal; and thus, under the power to regulate commerce, Congress has the power, unequivocally, to generate seamen. This is the consequence of the doc trine that Congress can do, or make, or cause to be made, any thing giving facility to commerce; but, Sir, I did not know that Congress had the right to regulate any but commerce be tween the United States and foreign nations, among the several States, and with the Indian tribes. Mr. Speaker, the Tariff has long been, and justly, a subject of com plaint. It has deserved quite as much as has been said of it. Yet, I must be permilted to tell the friends of State Rights, of the rights of the peo pie; and to tell the people themselves, that a system of Internal Improve ment, carried on by the General Go vcrnment, within the States, strikes more directly at the vitals of the sovereignty of the States the sove reignty of the people for they are the States than even that canker of our peace and harmony, the Tariff it self. The term Internal Improve ment, is most comprenensive. it is not necessarily confined to the mak ing or improving public highways; but, by the facility of construction, may be made to apply to every possi ble relation of man to man, and thus place all the private as well as public concerns of the people under the anagement of this Government acting as one great consolidated pow er upon the community. To the union of these two agents, the Tariff and Internal Improvement, the one the plunderer, the otner the receiver, of the money of the people, we must owe, if no interposition can be had, to redeem us from this most unholy alliance, what, Sir, it makes my heart sick even to ihink of! Mr. Speaker, must it be so? Are we, like all other Empires, to have our rise, progress, and fall? To run our brief race, that 9 loo, in less than fifty years! " 1 here is the moral of all human tales; Tis but the same rehearsal of the past: First freedom, and then glory: when that tails, Wealth, vice, corruption barbarism at last!" Mr. Speaker, we, the representa tives of the people of this country, and the people themselves, are under a most awful responsibility! Are we not looked to as the guardians, not only of our own political and civil rights, but as the guardians of the rights and liberties of the human race? Shall we, faithless to ourselves, and to mankind, in our disgraceful scram bling for money and place, forget the trust reposed in us? ci 'if this is to be the case; if the ideaot self-sovern- ment is a dream; if man is ever to be the dupe of his fellow man; to be rob bed, and cheated, and trampled on! why, all I have to say, is.... Then, let this world be, and continue still, One wide den of thieves, or what you will! Our Legislature. Several ot those members who have Y ft f r r C M 1 . tiiuiuiuiu occupiea a promi nent stand in the Legislature of this State, have signified their determination to withdraw from serving the public in this capa city. In addition to the names already mentioned in this pa per, we observe by the last Sal isbury Journal, that David F. Caldwell, Esq. for several years Speaker of the Senate, also de clines a rc-degiion.-- KalUe. TUESDAY, JUNE 12,. 1832. (JPhilo Fair Play in our next. JWe understand the following are the candidates to represent Martin county in our next General Assem bly: Jesse Cooper and David La. tham, Senate. Joseph Robertson John Clomari, James L. G. Baker and Morris Gardner, Commons. gJPublic meetings have res cently been held at Fayetteville and Hillsborough, and in the counties of Granville, Hertford, Perquimons Hyde, &c. at which delegates were appointed to attend the State Conven tion to be held in Raleigh on Monday next. We shall publish the proceed ings of the meeting in Hyde, as re quested, in our next paper. Tarborough flcademy....rYhz Ex amination of the Tarboro" Female A cademy took place on Tuesday and Wednesday last, and the proficiencv and excellent performance of the stu dents were highly gratifying to the numerous and respectable company who attended. We think our com munity very fortunate in having so able and accomplished a teacher as Miss Ragsdale, to preside over the Female Academy; and we cheerfully record the proceedings of this Exami nation, as furnishing continued and renewed evidence of her superior claims to public patronage... .and a sa tisfactory proof to parents, that the responsible and highly honorable du ty of educating the rising generation is entrusted to faithful and competent managers. On the second evening there was a Concert, when the young ladies who were studying music in the Academy, delighted with their performance an admiring auditory. The examination of the Senior Class, composed of Miss Elizabeth Ragsdale, and Miss Caroline C. Parker, closed the scene. They were carefully reviewed on all the studies of the institution, and evinced a very thorough acquaintance with them, and acquitted themselves thnf out in a manner complimentary to themselves and their instructress. On Thursday, a large and fashiona ble assemblage of ladies and gentle men assembled at the Academy to at tend the interesting ceremonT of con ferring on them the highest honors of the institution. After the President of the Board of Trustees had read the Report of the Examination, and ex pressed their approbation in an ap propriate address, Miss Mary Sian ner Clark, in behalf of her Precep tress, presented to the graduates a ring designed for the occasion, and delivered to them a chaste and elo quent valedictory address, expressive of this eventful and interesting era of their lives, and the many kind regrets which followed their separation from the endeared scenes and companion! of their youth.... to which address Miss Caroline C. Parker, on behalf of the graduates, made a beautiful and feeling reply. The company were, very sensibly affected by this impo sing spectacle, and participated deep ly in that sympathetic glow of feeling which pervaded every one present. We give below the brief address from the -Trustees, testifying their entire satisfaction with the Examina tion... and we would be pleased to present to our readers the other ad dresses, if we can procure them for our next number. The Examination having closed.... The President of the Board rose and expressed the high gratification the Trustees had derived from witnessing the promptness and accuracy which marked the recitations' of all the classes as well as their un qualified approbation of the general results of the Exami nation. The Trustees are proud of their connexion with an institu tion, the able and faithful ad ministration of which reflects such lustre on its managers, and such signal benefits on the com munity and they are gratified to say, the present Examination
The Tarborough Southerner (Tarboro, N.C.)
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June 12, 1832, edition 1
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