Newspapers / The Weekly Raleigh Register … / May 1, 1818, edition 1 / Page 1
Part of The Weekly Raleigh Register (Raleigh, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
. k k MAIL 1s AND NORTH-CiiROLINA (fiAEETTR "Oursaretbe plana of fair, delightful Peace, U-warp'd by party rate, to JlveHke Mothers." Vol. XIX. FRIDAY, MAY 1, 1818, No, 971. INTERNAL IMPROVEMENT. Jln Barbour' 8 Speech concluded. The next subject which the report dis cussed, was cur right to make roads and canals for commercial purposes, and this rvas referred, as there was no pretence of a special grant, to the power to ref late" commerce amongst the several states ; to rulate Was to prescribe, to direct. He, therefore, understood the power to regulate commerce amongst the several states, to authorize as to prescribe he terms, manner, and conditions on vhich that trade should be carried on ; such, for example, a establishing ports, ; ranting clearances regmating the coast- ii trade, cc. The history of the times, Oct adverting to it, would shew that the object, hi granting this power, - was to prevent those teuds ana strifes which ex perience had shewn would arise between the states, m consequence ot some being ricre and others lest adrantaceously situ ated for commerce, unless it was referred to some common head to prescribe gen eral regulations in relation to it, which would bear alike oil all. He, therefore. could not for a moment entertain the idea, that, under the poi er to regulate com- j merce, it was intended to make the way, iii.li, iti iu iwi tin .r -; power to regulate li creating the channel be carried on. the creation the unfathomable thsohirionstoshew how the ;-f r-same I ! word, used in a "particular clause in rela- if , - - . tion to two subjects, ou:d be construed j regulation of domestic commerce, as those did to that of foreign.. In the first place, he denied that the relation was as direct as the other. But, upon enquiry, it would be found that the erection of beacons, piers, flee, was not referred by Congress j H to the regulation of foreign commerce, j j '.iurte foreign c:)".lni ce lie naM aire :-, ' ."-i ,t' ..if-'. 1.-r-'rjn ri-.rh- : : MV iTIU- lint vu..fcuvw.i -.--....w -t iriave no weigut ; ana ne snouia, m tne ' father Dmihvb " . . 1 ft I ft- ; . ! 1 !hi$ rensona at large, when he came tdis-1 c.iss--wh.it gcntlenuin called the wei-ht of H had thus fay endeavored t.-. yrr.ve. th.it Coiitrress liad-.iiot thepowcr rlaimed,;- :r :;iakc ronds amt canals eint;:-ext,v v- 1 ;r:.i..r,r-.u,- with.,r thp; .f'l the s'ates ; he ca&e nothcr1rVW p:,Uioii wir.cii lU: iepert-d:.c;;vses, to nit : that v,e have lh& pr.w:-r ":h as- ssible oiijcction. This argument at the Vfrythreshol!, av 3th this ' 'question : altliotigh one state may on- ; ; jent to have the public money expended ; within Its limits, have the other nineteen j j rnnvniwl that twir mvnev shall be so ! icxper.Ctd ? iilhey have not, as he saonld atteir.pt to prove, it scarcely required ar- V gunicnt to shew, ".that th e consent of one i -r.-.re To r ci the -..r r.enditnrc f the ' h-ver ;,v iV,:s bv tl.c cv,iitution, we do !.-t want their aciit ; if vvc has e it not, that assert; ii; tne nM)de proposed. Can-i:'-t v e it to '.is. lie would make a few marks iipon each branch of this enpo- 'ttjrn. 1 o sa that I nave the .'power, to lx an act, which et vou have u riiit to iy 1 shall not do, and upon you;- saving -h:ch I "must forbear, is e;puvalcis't aying I have tiie power and vet htiYe;itiV vot. 1 he prmcipie is plainly this eve- ! v power, udess hu.irett bv the icrms in i hu h the consent of the states is made accessary ; fprm any "; eivceptujii tu this j or to d.g the channel, along w-h.ca, was; tbat .iirnltv by requiring that 1 j welfare, wen: tl.r ends propr sed to be at- tc.pa'.v To ph.ee this subject . n a s powers which i point of view, he wuld ohscr attaining jameclause g.res us Pw: id net relate u the vay"V-! , V 1 . -. - .v," ?;; - . Ihat, sir, was di ne .from !' , "v ": - " . ? ,4t - v of the world ; it conbisled of ;i -.''' ; ' " , v'; V 'c- 7"" viij-n,, u,t -'.- : 'waters of the ire'i1" i ' er. canvnatv uir oiuc"1. j-iu mere is -uii'ji . 01 iJiirtic.iti- uwus irc ihscil--v. tn tho ft-r'c 'rtf h aurtiier mot important reason tor pursu- ; J cd. if these, and all others, were meant them, and a different thing as it respected i .,! ' e ct t,ie state til t'-r Ii.ghest sovereign r t he general words which precedetUt. It the otheiv- ::it had been saiil,:- hower; Hrs i::VXms it con. j tiieiuhe.iropc)Smpn rere correct, that we that Congress, as incident to the regula- j tarns have i-een agrct d to by the whole ; , tiaist look to the enumeration of parti tion cf foreign commerce, had exercised ! I)(?P!c ot toe. I -nted hutes ; they ha . e j lars, for the extent of our powers, we thcVrirfitoreTOtinsbe altered in the must look to the same source, for the ex- lieht-houses ; and tliat the making roads ! manner prcscn red ; lnt tlv !lave not a- tent of our nght of appropriation. For and canals bore as close a relation to the,' 5Feed 5l-lt .altered in any ctoer ! why, sir, was tle right of raising money. to purchase scitesfor forts, arsenals, &c. ' cts- either as ;t respects the ?r persotis or ! other powers. A hat were they ? Those he proved this by referring the committee i property, v.i; ca -.hat gvernrMcni. does j; which were enumerated, and the neces- .L:t.'im f f r ttA !tpc' T twc i t not noswsv h : rotitu'son. T''ei-1! s'arv incidents which they involved. To age C66-7, where there was a long list ! ; acts wo:'sd nn-eo' e hi::!ng wh-n c.-oed ' these then, must the powerof appropna V rpirjis tenoned of sci'es for tiie-e ! '..under xhv proyi-ions le eth article, h tion, "n his opinion, le limited ; but, take trv erections. Let not gentlemen sav u-io y :;ror'rr aineK hi r!:iiiv did nnt warrant it. .: If Cr:n ! t:teMa:..,mwmr as n?re j i" inon, and it br ?ress thoutdit so. and letn.slatcd u.-.tk-r ; h'sla'-rs, v-"tM,; t - - e to :h:!t Mte : ; rh.Nion, that what the tLat idea, it destroyed any force which : t-uZ- .j r.c -V., cm:. tn;- le- :ot a right to do, it yet 'lioro miht be in ir'. as a leeislative cms- - gM ;t-:i-e ; i r-uu r"u!d in.nsier to .mo-i. rnusr u be done, by me:; ,ent of the states, lie beiieveci it to be : nen-e, sa ejenucmen, ine p-.v-r io ,f t;ur:;,:untl ev. ry jx.wer, to the execu ?tpo:jb'e o niaii?nin this posit -; n. The coiotruct roads is iv c-ssary, and, when j - tion of which money was necessary, (and a!guiYoithi:i a ate shall give its conscnr, it is proper . j it is necessary to moi t) snight be acquired thk that thomrh C orijrre'ss have iiohtKi:i) the same wav. Unless, then, the ap- . i " . .; !'. . i . i : tv 1 1 : 1 1 1. w it ! 1 1 1 1 1 1 : i t f" 1 1 1 ni -n ' :i . t ! - ii c!i-.1l . ... . ... . J .a piedimproventsyetj astl; voil.say Piiss a" extend to tke -fJ of the specified pow- venvicni':o. h;l .,H sevc-r;d .s.t.ic-, x s v cos--.h v p- oti- rto execuiethe se- ers, and their necessary incidents only, :t1s cimipetent i'cr tlieni to yield their a- ;! Vl'ral powers of the governujent. To say ' ; the constiaiion will be chargeable with M-i.tVand that, ir.V tie; enu;;.:uTe.;i;:isct-!'i that t'e- assent of the states was required ( the palpable inconVis ?rv rf intending to momv cf the other imjeieen, di.l not jus- j necessary to the eycution of the one, or tlfv us in malvr.g tr.r.t cxpendittne witli- i j the enjoyment of the other, r,ed with it.' the cm::,, r.f the oth.ers. But he j J According to this rule, whenever a power ; wnviUi pttrfoe thi idea of tlie consent t h ,s expressly i n en, and ano-lier is claimed i:e atos -tiirtie rh .eU . It v,e luive the ! Us an incideit, we h ue only to enquire,; : i It si.unui IS- ilUSv.iUve , 11 C'iU- . rys .the abuity to efect its !ect, with- n:o;b attcruare succession, to consent il consulting the will anv but the per ai,d rc ue. lTp"n this supposition, every 'yn who is to exercise it ; nor do the frw j other link in the nhain of ijiternal im ;ass mentioned in the constitution in I lu-ovem' at would be broken for, though l principle ; for in those the consent is re- tQuired onlv in-ret tine the subject upon 3 which power is to operate ; when that is j J. done, the power over them is 'exercised 'i I entirely at the will of Congress. In the j j l whole mass of legislative powers, then, ji which the 8th section of the 1st article tives to Congress, there is not one, to the exercise of which the assent of the states S is necessary, and if it be not necessary to the express powers, it cannot to those which are incidental. It was a clear principle, that if we have j not the power, the assent of the states in j the !o:!e proposed, canuo' give it to ns ;" the Cr nstunt?on has provided, within it- I seif, the way bv which any enlargement I of our powers shall be obtained ; it in J this Cong -;s shall, . wr.ei.ever t - j thirds 'of both 'Homes' deem :t proper, propose amendments, or, on the applica tion of two-thirds of the state legislatures. shall call a convention to propose them, i I whirh, when ratified by three-fourths of j the states, in either of the modes pointed j , out in the 6th article, shall be a pn! t of j $ the constitution. i j This 'difference in the mrde of proceed- 1 ing. is not a matter of form ; on the con trary, there H the soundest reason in it. I In the first place, it does not leave the j tnf CO!-v?;- luc co!i::tuutmn, having i , - ; , , .. :.. i , fHCU wu:if ncnum.i u,.: u, v V. 1 ' i the coiistnt of t'leiv legislatures. For the state Icpslataj es ib.emselves act under V-const) tutiors.-; they meet in their charac- ' ! ter, :'s.ovd:i aw legislatures not as a con- ' vcution it !. not compoien: then fr them in that chnric.Kr to ;;ive to the federal go- liMo'its ! j rr or m cr lus : . l - 'v . tion had Put a- 0 rt tne;n t' r- . Hi ; M O ' 1 1 r 1 1 C , Iltl O t ' ! " 1 1 IV - , MJ; " ' 'TV P;:n:COr?M;nt.i. ' !r., V.q as.i ut :t the rau ex- - " 1 - o .-. .cy? csuiAt co,.a.t.n$?t,i; .... : ' 1 " it :s d ,s enrruslu.. 'u- the cvKrsl it ut:o:;, av; v tr iiiMM-rLati.'! i t,)r niau T nf t V??v can' cri tribute mre : 'ielT t-nlly tn a v-.rc aiul ' peditioi trars-; j ' P''i'tatien of t!u- rn.-i;, -'.an god roads ; : j t kc a measure, tliotigli necessary, j po;-er within the meaning of this clause, il otaa 0e ot once to deatroy the whole f j ce of the pi ovisit-nsand, he would ar'd. its men-vrg also : T he select com- I mittee had, in their rennrt. said, that this ! j clause v is only the enactment of a prm- ; jjciple o. coestrurtion, which won d have ; existed wuhot:t u ; uamclv, that v.lierc a . power, or right, was :.-rv.ued. every thing , :dicther it be n'Cessavv to the execution j of the granted one. Ii it be, it is proper, J not because this r th: t pt-i-Svn, or state, ! CiihseiHs to it, but hecause U is necessai-y. ! In a word, its necessity constitutes its 1 nropr ey. Let ussre what might be the j pi -iCt M-aJ operatu n o the principle con- r tended f 'i : AVe xv ish to nuike a irreat : tuv.ipjke u a from north to s,rjt!i wc jj cousotus, v erm nntre n?e, M assacnusetts j j -sciK CeniHOticur lefuscs, and so on ; J ee wi:!fi suppose every state in the u- j ' it would be nr ceisary in all, yet, accord ing to the - docrr'ne o gen Wmrh, if some ictuse, it euld u.: e proper ia uiL In nnfcnnn ti thp v.I'l rf n frw .rt. t ! " Th n t t! r.mnmrn ilefencp; and irpntral ! "'...''' '"-.' . " ' I I ' . ' . 1 bywhicll it W'lS to i I jj.ihic hi i miu iiia liiiiqjiiLi 1 1 wi'",:,llt-'c- L" 'vmui.uti V r .manner, cv-n i iicm;n,ii snouta ue T.-itn 1 1 tv raxes, given us r rie wouia answer, - t t .t j those where it might be both necessary 1 and proper, we misrht eo on : but in those I vhere it would be necessary only, we must stay cur hands. Gentlemen had complained of his doctrine as subjecting the general government to the will of the states. For his own part, he uld uot conceive a constructiun,which would pro duce a more complete dependance upon that will, than the one which lie had just noticed, and, as he hoped, refuted. Another great principle had been ad vanced in the course of this debate, which he would now examine : It was, that tho' Congress :.ad no power to make roads & canals, yet they had a right to appropri ate money, to aid in the construction of those which should be undertaken by the Suites. Gentleman had said, that they disclaimed anv use of the word. com- ! men defence and general welfare," as filing any substantial power. It was per- lectlv indifferent to him, from what words, or what clause they derived it, or by what name they called it if they possessed the power included in this proposition, the constitution which affected to impose h.nitations upon us, and to give, us a tew delegated powers only, was mere paper vnd pack thread. His idea, as to the con struction of t! -at nst ru men t, was lids : to be melted m the preceding general ..... 1 11 - i. 1... .. 1'"! - "..c m...'mui that money was, to the body politic, what blood was to the natural body. It jpve to it its life and vigor, and enabled it to I perform its functions. The power of rais- ing it, 'then, was given to us, as he had al ready remarked, as the instrument by tie; prriciple of an unlimited right of ap ings us to this con- government has has a right to ns of the use of tli- ' r itirniey. i hus. sir. suDDose L.on- ero s brl no right t. raise armies, vet, ni- ' h .:. doctrine. ' they; might appropriate--money to enable the States to do it. -Tiviotrh t'ongress had not been authoris ed to'-'build a navy, yet they might cause c.v.z to ?:e b'.Ut, by advancing money to all, r r rT.e r f tiie St:ies for that purpose, & t vbrsr, the directly to the rr -sc.! t iy ;"stior--though it should be ad mitted, to t th y had no right to make rins ' a; '.! canals, yet they can effect the saine object, by making the stategovern-' nieuts ti.j .i.uo! takers, and themselves ad-.T' i-v: all the necessary funds, and i;rpose limitations upon us, and at the same time furnishing us, by means of the ta:Myvnig power, with an instrument, by which ve may, at pleasure, throw off those very limitations. The only other view of the' subjecti he believed, which now remained to be an swered, was the reference whieh. had been iiiade by gentlemen to precedent, in sup port of the grounds whjch they had taken. If he considered it necessary, he. would shew, that many of the precedents which had been cited, rested upon grounds alto gether different from what gentlemen would seem to suppose, by the use which they proposed to make of them. The purchase of Louisiana, tor example, was effected by the treaty-making power,' and therefore, in no point of view, could be ap tdic ible as a precedent for this which is a legislative act. The employment cf a chaplain, w hich had been reterred by e-entlemen to the nowcr of appropriating m.mey. it would be f .ur.d rested upon a law was pased fixing the compensation of the oHiocts of the House of Represent atnes, asi.l, amongst others, cf a chaplain. j) Thisclearly proves, that the appointment of chaplain was referred by the house to ! the pover of causing its officers. Now for die 'purpose of his argument, it was i perfectly unimportant, as he had remark I ed concerning another instance of legisla tive tcnstncircn, whtther this idea was right or not. For though it should be wrong, yct as that was the principle upon W'hich Comrress acred, if rVMv.v itc force as a precedent in support of any ' other principle. Bat he would go no fur- j ther with the cases cited ; because he' denied, that in relation to the construction I of the constitution, )i-ecedent ought to! have any weight. We differ widt-lv in j this respect from Great-Britain: Their constitution consists of a series of legisla tive acts the fundamental principles of the government are alterable at the will of the legislature Thus we see a British parliament first annual, then triennial, and then septennial ; and the very parlia ment to which w:j elected for 3 years, extending th to 7 presenting, in that act, the mon strous political anomaly, of hrinp-b.rth the i creator and creature. Let them, if they please, act upon the principle, that what yesterday was fact, to-day is doctrine let them, if they please, justifv their acts, by saying, that their predecessors had s-t them the example. Our government rests upon a different fminnt; written charter, which delineates our powers, and defines their boundaries. If a previous Congres shall have given to this charter a construction which is right, we should follow it, because it is right. If, on the contrary, they shall have given a wrong constructionwe should discard it because it is wrong. F.rror does notj change its nature by repetition it is cr ror still. And let it not be urged us, that ! courts of justice submit to the authority of; precedent, i nere is no powit ot compa rison between a court and legislature ; but on the contrary, they present a contrast in every aspect in which they can be vie wed. The former decides upon a case in which a few individuals are concerned the latter is called upon to Icftelate upon a constitution, in the preservidon of which, a whole people, and millions yet unborn, are interested. The former de cides a mere private controversy between others ; the latter decides a principle of construction, upon which depend the number and extent, of their own powers. The rule, therefore which courts have a dopted, that it is not so material what the law is as that it should be certain, can ne ver he extended to Congress ; for surely it will not be said, that it is more material to have a fixed rule of construction, than that the rule should be right ; once esta blish this principle, and the powers of Congress depend not upon the constitu tion, but their own will. But there was yet a stronger distinction between a court and legislature than any which he hid mentionedto wit-in the nature of their functions ; the province of the Court is to decide what the law j, that of Congress is to determine what the law shall be ; it is of the very essence of the legislative function, that the acts of every preceding legislature are repealed br every succeed ing one ; if a court pass a final judgment, no matter how erroneous, it Can never reverse it, and, if it be the court of Ihe I'Wst resort, the error must perpetuallv re- --" rc ... it. am. jn me. contrary, u we p-iss a law, which proves to be aft inexpedient one, either we ourselves, at our next session, or the Congress which succeeds us, can repeal it at pleasure. What,' then, arej all our amendatory and repealing acts, i hit ;r mflnv conrlnsive riririimenti :?r?iin;t ! tne doctrine oi legiviauve rireceuent r Whenever we do so amend or repeal, we decide differently, either in wdiele or in part, from those Who went before us, and 1 in so doing prove, beyond doubt, that we are not bound by precedent. The ordina ry grounds cf repeal were, that a parti e'ular law Was inexpedient : for his part, he could not Conceive any thing which could be more inexpedient, than a viola tion of the constitution. If he were told that he ought to decide any question o therwise, because those who had gene be fore him had done so, he would answer, that he should never sacrifice his opinion or his conscience to those of any man liv ing ; he would suppose that they had pur sued the best lights cf thr judgments, and he. acting upon as high a responsibili ty, would take the liberty of doing the saine But, even take gentlemen upon their own principles, and he would ask, how many precedents will suffice to fix a rule Will one or two be sufficient, or more ? ;ain this country had once been 4iv"ided intd two great parties ; and though there seemed to be a political calm at present, the same thing might happen again. Let us suppose, then, th.it one party establishes a precedent ; the ether party gets into power, and,not likii g the source from which it sprang, discards it. and fixes a different one. In the vicis situdes of political events, the first party comes into power again; here then, as far as previous decisions have gone, there is precedent against precedent, and liking the one first set best, they therefore dis card the second, and establish the first. Let us suppose another revolution to take t place between those who are in and those 1 . ... who are outot power, ana tne same scene would be reiacted ; and thus that consti tution which intended to be settled upon the firmest foundations, would be subjtct to be whirled about, the sport "of every political gust. He would conclude by expressing his hope, that the resolutions would not pass. BY AUTHORITY. . - i n Resolution directing the Secretary for thjfc Department of State tr prepare an Indct to the acts and resolutit ns of Congress, af ter the cle of every session. Resolved by the Senaie and Hiusit tf Refirescniatives of the United Statra of America, in Contp-esf astrmbledy Thai after the close of each session of Con jvss, an alphabetical index of the actA and joint resolutions passed at the pre ceding session i hall be prep ired, printed, and distributed therewith, under the di rection of the Secretary for the Depart ment cf State. II.CLAV. Speaker of the House onieprtsentativcr, JOHN GAILLAHD, President of the Senate, pro tempore April 3, 1818.- Approved, JAMES MONROE, An act declcring the consent of Congress to an ;n;t of the Srtc of North Carolina, for t!e relief of ick and . disabled American Be 'it enacted by the Senate arid Jlotiie of licfircntntaiivcsofthe United Stutcs of America it Congress assembLd, That the assent of Congress be, and hereby i, granted and declared to an act of the Le gislature of the State o: North Carolina, rutitled " An act for the relief of jick and disabled American sea-ncn," and passed on the 23d day of Decenmer last; and the said act is hereby ratified and cenfirmc.!.." Sec. 2. And b? it fuHhtr enacted, That this act shall be in force for five years, and no longer. April 4, 1818. Approved, JAMES MONROE. Ah act concerning the bounty or allowancS to fishing vesscli in certain c.ses Be it enacted by the Senate and Itoun? of Rcf.re tentative 8 of the United States if America in Congress asembted, That where any fishiug vessel of the lnted States has been, since the eighteenth da; of February, in the year one thousand eight hundred and fifteen, prevented, by illegal capture cr seizure, under authori ty, or pretence of authority, f m any fo reign government from fishing at sea fo1 any part of the term of four months re quired by law to be employed by such vesx sel in fishing, in order to entitle theowrief of such vessel to the bounty cr allowance prescribed by law, the time of the uhlav ful detention of such vessel shall be com puted as a part of the said four months, and such bounty or allowance shall be paid accordingly : Provided, that suclt vessel has in all other respects, complied with the requisites of the laws now hi forcy. April 4, 1818. Appl ied, . JAMES MONROE. . An act to provide for the due execution of the laws of the United States within the Slate of Mississippi. Be it enacted by the Senate and HoUftt cf Reiresentatives of the United Stated of America, in CCngrvs assembled, ThaC all the laws of ihe United States, which, are not locally inapplicable, sliall ha.ve the same force and effect within the said State of Mississippi, as elsewhere, wkknl the United States. Sec. 2. And be itfurth er enu c ted, Th at the said state shall be one district, ahd be called the Mississippi district. And a district couM shall be held therein, to consist of one judge, w) shall reside ill the said district, atd be called a district judge. He shall hold, at the scat of gov ernmcnt of the said state; two sessions annually, on the first Monday in May and December, and he shall, in all things have and esercise the same jurisdiction and porer3 which were by law given to the Judge cf the Kentucky district, tinder an act, entitled, an act to establish the judicial courts of the Ui.hed Stater." Ho shall appoint a clerk for the said district who shall reside and keep the records oV the court at the place cf holdingthe samei and shall receive for tHc services perfor med by him, the same fees to which thn clerk of the Kentucky dbtrict entitled lor similar services. Sec. 5. And be it further exacted, Tl: there shall bc( allow ed to the judge of t'm said district court, z annhal compensa tion cf two thousand dollars, to commence from lh date of his appointment, to br paid quarter yearly, at tkd treasury o- the United States. Sec. 4 Anll be it further eiltc ted. Ilia":, thre shall be appointed, in the said dh trict, a person learned in the law, to net. as attorner for the United State?, vho shall, in addition to his stated fees, bet paid fcv the United States, two hundred dollars, as a full comptnsadon for all e3 tra service. v Sec. 5. And be it further exacted. That a marshal be appointed for the said dis trict, who fchall perform the same duties, be subject to the same regulations and pe nalties, and be entitled to the same fees, as are prescribed to marshals in thet districts , and shall, moreover, bcentitleu to the sum of two hundred dollars annual ly, as a compensation for all extra sci vi ces. AprU3,1818prioNBn! BLASTS OlALTTKlN V" miiy be laV at thUOflic.' I
The Weekly Raleigh Register (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
May 1, 1818, edition 1
1
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75