Newspapers / The Tri-Weekly Commercial (Wilmington, … / Dec. 28, 1846, edition 1 / Page 1
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' . ,m . i.. " - ' Lj:i.j miOiS ilXJRIXq,! XJditob W. STRINGER, 'Assoc i atb Eofroft. ..rtriwi atvtw 4ll i1 w .m .. , t pvpJJ .,$- -Ji ,i,.THE- COMMERCIAL u M w. ti bqhlfihcd" imrf Mondavi Wdntday", and Friday. t S per annum, payable, In all cms, In advance, . J vB LORING & STRINGER, 'v Y':;it mw wr- 1 aquafe,! Insertion, 0 50 I do. 2 do. 75 t ("o. 3 do. 100 I ' do. month, 8 80 ':M1 vATB OP AVBBT1SUMV I I !i: ., itquftrot BBOOUu, S4 00 da. do. 6 do. 1 yew, Twelve rinse or leu make w aqmmi" If n adver tisement exceeds twelve lime, the price will Im It) pro portion. All ad vsrtlwmerits are payable at the time of their ituwrtion. i f Contracts with yearly odverUaera, will be made on the most liberal terms, . i - - edward ,cant,well, ATTORNEY IT Ull. and commissioner op deeds for soutii carolina. oveb. dr. evA.sa' IXCUANOK eciuunos, yVJLMINGTON.N.C. GROCERIES, DRY GOODS, AND HARDWARE, WHOLESALE AND RETAIL, BY . C W. BRADLEY. April 4. ? JOHN GAMMELL, COMMISSION MERCHANT, WILMINGTON1, N. C. July 10. 50 NAUTILUS (MUTUAL LIFE) INSURANCE COMPANf OF NtW-YOBK.. Will takr Rivk on tbs Livca of Slaves. W. C. LORD, Agent. EWYORK LIE'lNSlmANCE AND TRUST COMPANY. W. C. LORD, Agent. E. J. I.UTTERLOH, COMMISSION MERCHANT, mMINGTOX, X. C. B March 26. THOMAS SANDFORD, NOTARY PUBLIC, WILMINGTON, N. C. SAM'L. P. OAUSR, COMMISSION MERCHANT, WILMINGTON, N. C. April 21. 16 ROBT. G. RANKIN, Aurtioneer and Commission Mtrrhant, WILMINGTON, N. C tlBCBAlAPYAKCES MADEOXSHIPMENTStOUIS FBI ENDS IN NBW YOBK. March 17. 1 . NEFF & WARNER, ' WBTOLtSALS , AND BIT AIL OCAI.KBB IV DRY GOODS, GROCERIES, SIIJP CIIAS DLEIiY, SUIP STORKS, dV. April 14. 13 G W. DAVIS, COMMISSION MERCHANT, WILMJNGTO&, N. C. March 17. " " - I BARRY & BRYANT, COMMISSION TilERCtTANTS, 1 WILMINGTON, N. C. March 16. 1 tf. N. B.4IUGHES, COMMISSION HfffKCjflANT, AND GENERAL AGENT Fiteajie sale of all kinds of Goods, Country Produce and Real Estate, : raleTgh, N. C. Business entrusted to" him shall be prompt!) and fatmftrrry Blendes . -- June 18. - . v 41. C, N. II ELL, GENERAL COMMISSION AGENT, roa THE BALE or JiaSB, DUMBER. N A YAL BT0M3,,AaD ALU XIKD OP Tvodoort Sorik eIl W. Brcv'. ,' VILMINOTON, Tt. C. " Aug. e, m , , E. XM.CtJSiriNG, ' .'I DEALER l( ' OOKS STATIONERY, tJcc i ,. mabkit stbxbt, wu-Mixorcj, . . Aprll4W ; 9 BRQWN tfc DERdSSKT, GEXEiiALiovxisshx Merchants, '.aaia $Y-y i: V;''1f IlMlRTON) N C. r'DERQSSET & BROWN, 'general commission merchants, 109 promt at. iarr vouk. .a. ,a THOMAS ALU BONE CO- CbMMISSiqiJ MEHCHALNTS, , WO, 8 S68TB WBAHWI i . .PHILADELPHIA. Aibivt mada on eonatgruneat of COTTON. RICE, NAVAL STORES, and produce generally. Riftt It Mmr Bnv e tkltomd, WlLMWffKW, N. C. , Aug.. " 1"' "f " " ,'. ';Tt-6m. ALEXANDER HERRON, U. '"'GENERAL COMMISSION MERClUNT, ' vait;c). o,:;,,.".. : aO. 361 "0IT WBABVBS, Refers t.v'PHlLAOEtPBJA. J.&W.UWcOARY, r CRqCIvR? AND SHIP CHANDLERS, AVU MINGTOX.' K. C. VOL. 1. D. J.,G I L B E RT, AGENT AND COMMISSION ' MERCHANT, rOR THE SALE OP ALL KINDS 0FC00D8 AND COtJHTHY PRODUCE. Particular attention paid to receiving and forward Ing of Goods. Orders filled on the best terms, when cash la enclosed, or produce In hand, si. a. I mnr be found at the Store of h. Turlinctoa corner of Water and Princess streets, where may be found a general aseortmcnt of groceries for both Town and Ceantry trade. jnov.iu. iiw-y R. II STANTON & CO. WHOLESALE AND BJCTAU GROCERS, And dealers la DRY OOOOH, CLOTHING, HATd, CAM, BOOTS, HOBS, PURN1TUBB, MABOWABB, CVTLBBV, Tl! WABE, CBOCKBRT, C. R. H. Stanton, L. N. Barlow, Wilmington, Ji. C CONSTANTLY on hand, a peneral aKsorfment ot CORDAGE and PROVISIOSS. Also. For eign Fruit, Wines, Liquors, Teas, Porter, Ale, 4c. T-Ship Stobes put up with despatch. Oct. 31, 1846. 96 J. HATHAWAY & SON, COMMISSION MERCHANTS, Zrd Door Sorth Waltr Street, WILMINGTON, N. C. J. Hatmawav. J. L. Hathaway. Oct. 27, 1840. 91. SANDFORD & SMITH, AUCTIONEERS k COMMISSION MERCHANTS, AND AGENTS OF HENRIETTA STEAM BOAT COMPANY, WILMINGTON, N. C. THOS. sandpobd, Oct. 17, 1646. l. nnn. 90 JOHN C. LATTA, COMMISSION MERCHANT, AND GENERAL AGENT, WILMINGTON, N. C. Oct. 10, 1846. 6T MYERS & BARNUM, MANUF.tCTURi: AN 0 DEALERS, IN HATS, CAPS, UMBRELLAS, AND WALKING-CANES, WHOLESALE AND RETAIL, MARKET STREET, VVLLMJNGTON, N. C. C. Hybbs. J. M. Babndm. Oct. 6, 1846. 65 " lAHICKINSON, COMMISSION MERCHANT, (Senior partner of the late firm of Dickinson & Morris,) MOLMIXC.TON, N. C. ,( RarEttt' ' Mears. B. DePore & Co., ) Vn . jXcamitb :Walah, J , E. P, Peters &, Co., ) . r-l.-u 'J Boston.' 1T aV 43 J V "A-"M" n. Oct. 3, 1816.. Si . a: martin, GENERAL AGENT AND Commission Merchant North Water, I Doors above Princess fclrtft, (Murphy'i Huilding,) WILMINGTON. N. U. Oct. 3. 84 J, S. YORKE, GENERAL COMMI35ION MERCHANT, NORTILCAROLINA PACtET OFFICE. 43 1-2 NORTH WHASVEB, . PHILADELPHIA. June 9, 1646. lj -37 IL S? KELL Yr MERCHANT TAILOR, MABBBT STBBCT, , W1LMLNGTON, N. C. 1 March t?. GILLESPIE & ROBESON, AGENTS FOR THE BALE or TIMBER, LUMBER, NAVAL STORKS, Will make liberal cash advances on ail consignmcnta of produce. March 17. CHARLES BLAKESLEE, (StfeeeaBor to James Punderford.) MANUFACTURER AND DEALER tS Boots and Shoes, Mabbct St, Wilmington, N. C. CHAS. D. ELI JS, COMMISSION MERCHANT. W1LMLNOTON, N. C. Merchl7. I SAM'L. P. QAU8E, AOENT FOR THE SALE OF LTTMBER, TIMBER, TURPENTINE, fcU WILjlIOT0H,M.C " April 21. IS , SANPFORD & SMITH, COMMISSION MERCHANTS, H.i W1LKINOTON, N. C. rrioe. BAweroBBv March U , L. SW1TII.. BLANKS PRINTED TO ORDER,- A1THS COMMERCIAL OFFICE. ' .i.it.:-V.'?'iw(f 'UJ.--ii.fc1 .C-.ft'.r!" ;' . ' :i,,4,'t f in'.., -jS -f, ,. . I 'J -V$ ). t T! ' ;?'..!: PUBLISHED TRI-WEEKLY, WILMINGTON, MONDAY AFTERNOON, DECEMBER 28, 1840, SADDLE, If ARNESS, AND TRUNK MAN V V A CTO tt Yj1 Front Strut, Wilmington, N. C. " fesa THE subscriber takes this method 1J of Informing his friends and the public general' ly, that he has taken the store formerly oocBpl ed by Porter and Blakeslee, and IxnmediatelY opposite the Chronicle Office, whore lie is now opening a com plete assortment of - Saddles, Bridles, Harnett, Trot) it, Hartingalctj Valiiiei, Carpet and Saddle Bap, Collars, , Whlpi, Span, Bits, te. ie. It. U All of which will be warranted of good manufacture and materials, and will be Bold low for CASH. Having lohu BYPKBtRNCR in the above bnainess, he Setters himself that he wiU be able to renderuti oi. itfuction to those who may bo disposed to patronise him. . . It Is his Intention to kte no Books, but te adopt the CASH SYSTEM, by which means he will be able to furnish articles much ckeapeb than they have heretofore been bought in this market. rJ-REPAlRl.NO of all kinds done at the shortest notice. JOHN J. CONOLEY. Aug. 6, 1846. lytil TO RENT. SEVERAL well finished offices, in the fire proof building on Water Stre-tt, over the stores of Smith. .Mltltcll & UitdtB. ThM largo and convenient Wharf on Eagle's Isl;ind. oppositeTown and known as the site of the Phanix DutUlery, 220 feci front, and running bsck 1600 feet with convenient dock, Warehouse 40 oy 80 feet, negrb quarters, Ac. all In good repair. Apply to H. Nutt. Sept 25. 1846. 81 tf. JUST RECEIVED, Per Schooner J. D. Jones, AT HOWARD fc P EDEN'S Family and Ship Grocery Store, PAPER Shelled Almonds Frail Ivaca soft shelled I ' An, RrII M,.,.. Cl.kW.ln,,l.. Pu.i,N,.li. Filberts; Stewart t Cos assorted Candy; Canton' GinCcr; Citron; Olive Oil; Scotch Ale; Lady Ap pies; Smyrna Fies: Raisins: Pnines; Currant : i Apples : West India Preserves. In rreal variety : Fire vrackois for the Boys. Dec 14. 114 THE OLD 10CK SPRING FOREVER! THE Rock Spring RettauraUur is now open for the accommodation of ih? Public, where every I Refreshment the market affords may be hud, at all I hours of the day or night. The Bar Is supplied with choice lAOuor, Wmn and Lxgarl. DAVID THALLY. Dec. 12, 1646. 114 Acen-cy or Cafe Fab Steam Boat Company, ) March II, 1846. j THE Copt Fear SUam Boat Com pany, having thoroughly placed in Saab order the favorite 8teajnerr Cettsn Plant, and are building Lighters of the moat approved style, and peculiarly adapted to the low stages of the River, are prepared to gl Ve despatch to Goods (or Fay ettevUle, and the interior, on the moot favanM term. The keel of new Steamer has been laid, which will soon be completed, of such luilit draft of water, at to ruit all ttafe$ qf the River ; and Vfhick, in Hghtntu of draft, WILL NBVEB SB StJBPASSBB. Goods will be received and forwarded promptly thro' WjlniingtonJr of all cliargesor Storagi, Drayagt, Wliarfagr, and Commistiont; and will be attendedto at Farettevllle,.e Conmistion. Goods ran be stored there, up town or at the river, as shippers may desire. The Cape Fear Sttanx Itoal CoinpmyartdtUrmin eH to carry Goodt on at farorablt term ot any tthtr Comvanvt and from the Ions experieace of their a- gents at Wilmington and Faycticvillc, have no doubt of civlne their friends rniiv tatiifactwn. E. W. W1LLKINGS, Aatnt si Fnyt&trilk. ROB T. G. RANKIN, Agent at Wilmington. March 17. I Removal. THE Subscribers have removed their Office, to the Gaston Steam Saw and Planivo MfLLS. Nov. 10 P. K. DICKINSON dt Co. ChroBicle Copy. SralOO JUST RECEIVED, Per Schooner H. Westcolt, OrC PAIR Ladies Kid Slippers. 200 Walking Shoes. B0 1 50' Forsalr by Nov. 14. Hall Uultors. ' Morocco Bootees. CHARLES BLAKESLEE. 102 FOR RENT. THE DWELLING HOUSE lately oceu nicd bv Mr. Babnasb. on Second stracL nf ir th" Methodist Church. Apply 'o Oct, 1846 .-97 C. W. BRADLEY. NOTICE. T W OUI.D rive notice to gentlemen In the eoawiry, 1 for whom 1 have beeB acting aa Bank, agenty. that my "ngagement arcuch as to oblige me to discon tinue the aeency. C.W.BRADLEY. Dec. 4. 110 MOLASS.ES. p.f IIUDS. Prime RetaiUog Molasses, to aale UU by BROWN JJtRObSET. Nov. 5. ASH OARS. Knf)f FEET Eitrm Ash Oars. tUw ReeeiTed this day for aale. by Dee. s. , j no J. 4. W. U BfoQARY. FOR 8ALE. A FIRST RATE aonhorn built B For sale , b BROWN A Sep 24. BKLHSlvl. FLOCS, BCTtER, BUCIVHSlT. ic TUST received. Flour, Butter. Baeorted site pack- s anai oucawneai in oin ooxr ami aea: Kna si uuciwneat in us tin Ban, Boaea, and Cega ; Eng -Boapt Oils; Candles end Spice kltta. Far saieet . llsh Dairy Cheeeei 8oe of every vartetv and HOWARD Dec. 14. 4 P EDEN'S. 114 WATCHES, JEWELLERY, &c. CO rpHRnbtrrberhsjttSt epened, srWted -X3 X hlnaeelr; wita great cara bi the Northern fcijftriijet, the richest- and utoet estsnelve asaort- mcnt of j j f WATCHESJ JEWELLERY, ,b)(LYSR AKD PLATED WARE, BOOaiVlllSXriNO AND FANCY. ARTICLES, Aa evar eaVed by hint, all ee wWci wtll be aetd reas aoable B'Trne. , ..-.,., , N. B. Watches repslred and sUatKdea enaL T W. BROWN. Not U lOJ.rf BY LORING & STRINGER. JL CAROLINA HOTEL. THE undersigned haa (eased this well known Hotbl. He haa given It a , thoroueh cieanalnK and te-fltted it throut h- oat, and will be preperrdto furnlah the best of aecom roodation to Boarders and the travelling Public, on Monday, the 19th day of October. FREEMAN RCOOLEr Oct. 17, m. 90 COFFFE'AND SUGAR QC BAGS Rio and Leguira Coffee, a Hbd. Porto J Rico Sugar. For sale, by . Sept 26, 81 E. PETERSON. llules (iild Timber Wagon FOR SALE. A rate Timber wagoi JjLCL young well broke Muks, ns, and three fin Nov. 12. 1101-ifl J. V. McREE. SUPERIOR Negro Blankets, and Kerseys, lor rale by Oct. 31. 961 C. W. BRADLEY. FOR RENT. " A GOOD Ware House In the Laxams Building. ALSO P several Wharvea conveniently located fot landing Na val Stores, or other Produce. Apply to BROWN I DeROSSET. Oct. 17. 90 MESS AND PRIME PORK for Sole by GILLESPIE & ROBESON. Sept. 15. 78 Just Received, AND now opening, another lot of those beautiful SILK VELVET CAPS for Inlants, and other Mca In great variety. Nov. 14. Call and see them at MYERS ft BARNUM S. 102 BRICKS QT rf)f GOOD Eastern Brick, for sale by -Otl.UUU J. GAMMELL. Nov. 14. 102 OIL. Q BARRELS Bleached Winter OU, For snle by J. GAMMELL. 102 Nov. 14. LIME. Kfr CASKS fresh Thornasion Lime, JUO p0f wu by Nov. 20, 1841. 105 BARRY BRYANT. HAY. ryt BALES Prime Eastera Hay, for sale by O J. GAMMELL. Nov. 14. 102. CIGARS ! CIGARS ! ! CfXTtf SPANISH Cigars, of CMetbrxmdt, di OUUV reet from Havana, far sale, by Nov. 24, IPG J. HATHAWAY HUN. MOLASSES. T Q HHDS. of Prim retaUtnr Molatttt, now land OO lng from Brig Lisbon, will be sold, delivered af- ter the lt dsv of December next, by Nov. 24. (106 J. HATHAWAY A SON. MALAGA WINE. 1 fl QUARTER CASUS MALAGA WINE, Re- reived this day, for eale, by (Nov.2d-97) J.4W.L. McGARY. HAY. 1 FLf BALES prime Eastern Hay. 1 OU For aale, by Nov. 14, 1846. 102 SANDFORD 4 SMITH. Dry Goods, Groceries. &e. THE Subcriber haa for sale the following ar tieles: Coflea Rio, Java, Laguira, and St. Domingo. r . I I t t ijrowa, ui, ami iruftneq Qugnr. Molasses, Cbecse. Flour, Poilr Butter, Bncon. Sodi BiKtiit, Pilot Bread, Butter and Sugar Crackers. Teas ; Smoked Beef and Beef Tongues. Nails a general aasortiaDt. Candles Sperm, Adamapiioe, and Tallow. Vinegar and Lamp Oil. Raifins, Almond, Butter Nuts, Filbert, and Currants. Cotton and Manilla Rope, and Leading Lines. Hats and Caps-, Boots and Shoes. Skillets, Pots, and Ovens. Cinnamon, Mustard. Ginper, and Pepper. Collins' Axes, Hatchets, Lead and Sbot, Steel and Rat Traps. Dry Goods Inctsdiag Domestics, Calicoea, Sat tloets, Kerseys, Blanket?, FUnnel. tc die. AKHarawaxcCutleo-, Nov. 7. W. N AILS, beit swedes Iran tot sala by Oct. U. 90.) C, w. BRADLEY. CHRISTMAS IS COMING! ATTENTfOM! lASll'I iSl Tlfl'L J H ROTH WELL, Crockery Stare and Warehouee, HAS jest renewed an Paekage, eoatBing 600 CHINA TOYS, Moatsting of Chine Dogai China Sheep; Peasant Boys and Girts Queens and Albertsj Nspoleons and WeUinrtcraej Fsncy Ink standsi China Baakttai Thaa (rShaaterai Prtoee snd Hone t Swajs aBd altaamt Monkey aad Feat Warwick and Virginia Caavlrat Rabbi la eaiingi 1 krgB Eaglet Z Gothic Lodges; Z Slag Hunts i 1 fTarier- man HOtsi l fisherman in neat; a-pear large open- tela, eVe., aVe. Nov. 17. 103 DRIED PEAClrES. 1 1ELS pealed Dried Poaches. : BUSHELS pealed Dried Poachea. - 1 ' ,t) Received this day. tot aale by Nov. IT. (103) . J.4W.L BfeOARY. Boarding House. THE subscriber has taken the weB-knewa IUee on the eoatheaet cot net ol Dock and Front arras la, foriDerly occupied by Mm. Joaua A. Hiu, for the purpose of accommodating regular end trsnelcnf boarders. ' " f . 7. 8WANN. Nov. lT.- t v; tr; V.-,;. IM-at i FOH, 8AIE. ' 7. rpn aaa Paaaar feaoersa SOLID, as k X aet listened, about two reai rs eta; aaiia ! fast, wQ suited for a Pilot, Pleasure or Pro- oce ,bo-rt nTorarriri0 te8BWe.Twt nenttne. Tut further particulars, a oo board, or to . RT A BRYANT. ' tit Par it. my NO. 119. REPORT orfHE COMMITTEE ON THE JUDICIARY, On the Bill w aatharisa the Commissiuatn of iho Town of Witmiogton to borrow -Two Una. - drerf Thouaand Dollara. arid fi 6thf nnrrjnaM. , , r-r The Committee on tbe Judiciary, to whom was referred "A Bill to authorize the Commissioners of the Town of Wilmington to borrow Two Hundred Thousand ($200,. 000) Dollars, and for other purposes," har had the same under consloVration, and have instructed me to malt e the following REPORT : The Committee are unwilling to submit the result of their investigation, without as signing some of the reason which have in fluenced them in coming1 to the conclusion at which they have arrived J and this they feel to be t heir duty, not only on account ot the importance of tho question involved, but aho because of tho respect which they f:cl for that pot Hon of tho citizens of Wilmington, who have presented to the Legislature a "Counter Memorial,'' which, no lesjthan the Memotial accompanying tbe Bill, has re ceived the anxious consideration of the Com mittee. ' Deeply regretting that questions so grave, should be presented fur their determination amid the press of oetive encasements in this ! Hall, and with too little time, during the rc- cessol its sessions, to enaMe them to arrive ...:-.. i.- - i at satisfactory results, your committee nave if the time at their com- nevertheless devoted a mand to the investigation of the subject com mitted to their charge. The Bill propose to give to the Town of Wilmington tho power to subscribe the sum of two hundred thousand dollars in the stock of "The Wilmington and Manchester Rail Road Company," nnd to this end, that the corporation of said Town mny borrow such sum, upon the faith and credit thereof; and to secure the payment or the same, as also the annually accruing interest thereon, that the said corporation shall hare power to levy a tax on the citizens, not exceeding the sum of 50 cents on each poll, and ono per cent, on each hundred dollars value of real estate nnd improvements in srtid Town, provided that the same shall be sanctioned by a ma jority of tbe qualified voters in town meeting assembled. Two questions present themselves at the threshold of this investigation: the first, " Whether the Legislature can eonstitotio'nal ly pass such an Act?" and the Second, " Whether, having the power, it is expedient to do so r In regard to the first question, it may be remarked, that the govern mem of Notth Carolina is not one of specially delegated I powers, but one ot limited and restricted pow-j er. I ne uonstrtuttcn vests tne ' Legislative power irt 'wa Senate and House of Com mons." There aro no grants of powers to the Legislature, except in a tew mstaoccs, where the power would not seem to arrange 1 i itself naturally under tbe ela$s of Legrsiative powers according to prtcedent btage, as tbe election of the Governor and other high'bffl cers. It does not even confer the Revenue power, yet the Legislature has tlwayi exer cised it in levying taxes. Indeed, this power irr every sovereignty is indispensable and In comestible ; In creating a government for the people of the State, and erecting a Legis lative department, the Constitution vests in that department, without special grants of power, ( a I susb rights as th ejtigeneies of the people may require. Tne right of taxing themselves and their prcrperty, is imported irt the grant of Legislative power," because it is essential to the verj-existence, of 'govern ment; and as the exigeneiefof government nre tmlimfted, ad the extrciae' of 1h& Tight has no restriction, except that whW results from the form of the governmrjit, til that it be done by the consent of the governed.--Tbis, the only restriction upon the taxing power found in oqr orcanlc law, is contaii in the, 16th section of the Bill of Rights, i contained and is as follows; "That tbe people of tbil State ought not to Jbe i taxed or made subject to th tuvmentof an .impost or duty, without the consent of themselves, or their Represent- Ursa in Uencral Aaaembky, ireeiy fitca'fl Thoasaent then, of the ptofle, or of their JUprutnUtiut, will gir srnlidstw to aoy ertis of this power; but it t obviotrs, that its rightful exercise must depend opon the na ture of the tax to be levied; Where the tax ie to bear upon all the citizens,- or upon all the property of the State, for Central and vuNic purposes, toe Lrgisisrare u toe- ocst tudtre of tbe amount to be assessed, and the proportion in which it ought to be collected 1 -1 ' - Lab .....it!a.ld lu.M ...... ana mis power iiuaawtuiuiUK't tuitr . . i t i t, sed by tne Legislature aione. uut n, vras soon found, that for tbe assessment of taxes for local purposes, that body was utterly in competent it could not exercij ttjudicwaf ly, . and it became indispensably to delegate th power to other agent-, whoa knowledge of ibe local wants, as well a tbe local re aoorcrt of th (M-payera, might furnish a su rer guaranty ibr Ha proper exertijirJ)ce, thi powes ha been aUlegtated loth Justice of the Counties, lob exvjreiaed-in their rr pectivc Ccnty Courts; and this grant of the Taxing power ha not only barn longneqti .kI in Km tarmta-8w'vri since WaS Sol- ' rmnlr arljajgwl by wr Hnprrme Court ir be Constitutional, in tJieaM "Lock burt; Harrlngtpft- 1 Umh, m. 4 fcj ' , But this delegation or tb, powcR to Mi bai bccnexUnded to eVry jncorpoted totrn , irt' the State, for certain purpose. ,pni, fa. most initaoccs whba iCDeral athorftf l ! enact lucb bye !aw$M their eiUzcot plight uccm necessary lortue vrellare ot tbe coi;, poration. It is rnanift tDcn, tliat all fermtr legislature kare thougbt tbej bad tbe tight ' to dclegnte the taxing power to any cor pora tion, if it trere exercised according to tba re quire menu of the Conttitutiontji;t.rtith tbn oasent of the corporators tbernselrca, B'tt it is insisted that it must Be -with the as3ebt.,of each and cfcry inditiduat in sucb corpora, tinn. In reply to this h mo jf be said, that be . wfiotliinlce nrnnpr tnkeiMnura rilivorf vf an nmmilM;,.. r'. t .., ' Ll .. .. .. . uyniBjoruy oi inose.wiin wnom ne nas common interests in truth, to exact socb an unanimous assent, would be to render tbe en actment of all laws nugatory ; for no inch assent ever was, or probably ever will be, given to any law. Societies can Ipeak poly through their majorities. 8ucb a construc tion, is requires the assent o( each Individual, would not only be at war with all our insti tutions, but would render the taxing power jtc. self inoperative and valueless. Most of our right of life, liberty and property are passed upon, and either taken from, or confirmed W u$ by n msjon'ty of our peers, and it ;ia oof easy to perceive wby in the levying of taxes for the supposed improvement of a, Town, any other or more tale rule' need be resorted to. But tbe Bill as amended, dors" more than require the concurrence of s rtvri jority, it exacts a majority which tKtltrtfaft Mini ha thirds in value' of all the rtal ttla'u , within tbe limit of the Corporation as prcs-' cribed in the) Bill Finding no decisiorj' of oar Courts opon this question, tho Committee have turned to the repotted decisions of other Suite to aid. them, and find that in Massachusetts1, two aos at lt$t havo been decided, in which' ft was held mat trio lyffisiature mmttjhake l t . i 7v:.. such "rant It is conceded in nradmerit: bv Mr. liinney, of Philadelphia, hi bl! opinfou against the right of tbot Chy o subacrita for Rail Road stock, that tiiwh powef might have been given by 4b Legislators) of Pennsylvania in the acts ol ihettrp&raliorl. By referent to the Idtvs of other States, wa are also aided to some extrnr iA'COWtruinj the power of our Igltur, V 1833, (laws of Virginia, p. J75,) the' Common Council of Lynchburg ar nuthotized to rob fcribc stock in the James River arid 5 Kana wha Company, with power to levynaxef and borrow money to pay the subscription, Iry tbe assent oi the majoiity oflbe voter of the town. The fgislature ol New York W thorited tbe city of Albany ttf borrow 000 upon th faith or their City, to be invest ed in the stock of the Albany 'and West Stockbridgei Rail Rood Company, with pow er to levy and collect taxer with the ataem of a majority of the qualified voters of the efry This was in 183P, (set laws of NY p. 313 ) Tne LegUlatore of fSoatli Carolina, Tennessee, Georgia, and Pennsylvania, bate, at different times authorized their cirje) nnd towns to invtst large sums in woriuoi Inter - nal Improvement, with .power to tea theta1 inhabitants to gusuia iheirBj abd tbeif right u do so doca not seem to batr been qaesttuaed. But as jt ha been iositleoV that tbe pteteos is a novel ameeapt to North CaroLnavi wal would call the. attention af ihe BfBatc to tho fact, that in lo!8theIgisUturoftaTisl8tat invested the Commissioners' of jia tcrvmtof : PayeUcville, with power qborrotr pvonty , ana levy taxea, for. the ptirpbgeof opesipg. ftf toad from Fayctlevillo . to JorgantOD- , (Pamphlet Acts, l8lB,p.6Z.)i 0AndinlS32r tbe Lfgiiiatu re author ited the Commission, ers . of the ,town , ol Faycttctille, td borrow , 9200,t)00, to be invested in (he lock o lb. Cape Fear aod.Yndkin Rail Road Comrav i ny. (Pamphlet Act of 1832, p. 03.) Fd ' ing nothing in the Constitution itself to forbid, , the exercise of this power, and. much io- the acta of our own legislature, u well M thoae, , of other States, to justify ioatifComuaJUAo are,' brought to the cpnclusioa on the ftrst, question, tbat such an a;oull. jnqthr tuv, constituu'pnal r . i . A. ifa u la reference to tKa Ufpad gapuon, anx,.. " whether it. is cxreoffto exisejfwh pqwer 'supposing, n f jtist,rtyoqr Ctnmi,, lee Cod tbcrmcJUei,' gtlrnjicJv Jcs.,4itlVltyr, than in tbe cumioAtMO, of tbe first;' Wubinibemiu a report, it tay ueiihir,. to bo expected or desirc.tW alllliconjid4 cralions invptved in tbe question of CTpedien. cy abould be icxaairxdst a brkt allusioo to lome ol the most prominent, vaay be pardon ed to tbe Committea : In cUtermininj wheth er it be expedient to delegate tbe power pro nosram ion uiii, utc pincu conuutoa i Wilmington, ai cootraated with that v wbrch it was found by tbe Wilmington and Raleigh Rail Road in 1840, eemedt tboCommiir tec a proper abjec r'for cosidetaCom'' Th. much; of hi present protperhy t atribntatle to the Road, seem to bo concrdc W the counter memorialist?, and a succinct , taie- roentof its population and resources at their difletent ieriods, may aid the, Senate In ' arri ving at a proper Solution of tht) question.: . tti. . isin'L.i i '.f . !. If the sum of $650,000 j in the present jrenf ks popnlaJoo fj near or qu&e 9,000, and it Real Ettata ralued1 at $,5Of0Qt4r W ahhouffh i tEelndividuat who T subjeribey! a ii.. ,Ln ,1,1 V . t. -nA . nn iu. iu iu iuc tu" u " a unn or piecmmcnr oencuw. , ov vtuwi "v t, , tha Road is th'e eaule of this. It la ailedT v wbybavethe burinc' V'pn'3',,0 PVa' iy, ana vtunw oi n-ai inuyviij in iu w , u, . Uken a new birth, with tb' ommfHcerjl.cn V of th Rsil Road tnertartd thre timer 4 much in th last thirteen yearg a in lb pra . i
The Tri-Weekly Commercial (Wilmington, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Dec. 28, 1846, edition 1
1
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