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CONSTRUCTIVE POWERS.
The following letter from the venerable Janie*
;»(! , • nn tbit subjjft appeared iu the Rich-
..'.q iirer of ties 1st rattan*. ft* perusal
•v.-.-.i in i niily satisfy the ready of his mental pow-
ei< »tlil remaining unimpaired; but that though
tin constitutionality of the TarTB’has.witli uncom
mon ability. been maintained by him. he is far
Injiil sanctioning a. latiuiliumiau construction of
the Constitution:
Muit'pMtr, So,-ember 27th, 1 d.Ttl.
Dean Pin—I hive received your friendly fav
or of the 2«l;h instant, in which you refer to a
ntnversaiiiin when I hud lately the pleasure
of a vi.it from you, iu which you mentioned your
'belief that the terms "couiMqp dqftnce aud geu-
c-val w«I fire," in the eighth -cation of the first :ir-
ticle of the C'oaitifillimt of the United State*,
were still regarded by some ns conveying to Con
gress a *uh<ir,utivu and iniWitiitopewer; aud iu
•which I cosamnuicalerl my view* of die introduc
tion :tnd occasion of the terms; and you express
ed a wish that 1 would repeat those views iu the
auiwer tu yen (etttf.
liacmieil
ally “a power in Cougreis to lay and collect tax-
cs, duties, impost* and excises;" without any ad
dition of the phrase “to provide for tho common
defence and gcucral welfare," With this, addi
tion, indeed, the language of the clause being iu
conformity with that of tho clause in tho articles
of Confederation, it would he qualified, as in
those articles, by the specification of power* sub
joined t: it. Rut there i* sufficient reasou to sup
pose that the term* in question would not have
been introduced hut for the introduction ' f tlw
old debts, with which they happened to stand in
a familiar though inoperative relation. Thin im
troduced, however, they passed undisturbed thro
the subsequent stages of the Constitution.
If it be asked why the terms “common defence
aud general welfare," if not meant to convey the
comprehensive power which, taken literally,
they express, were not qualified and explained by
some refercuce to the particular power subjoined,
the answer is at InuJ, that although it might ea
sily have been done, aud expe-ricnce shews it
might be well if it had beeu lone, yet the omis-
inu is accounted for by an inattention'to the
However disiocWied to the discussion of such j phraseology, occasioned, doubtless, by its idculi-
topics, when it is «o difficult to separate iu the j ty -, v ith th- harmless chancier attached to it iu
minds of inane. question* purely constitutional | the instrument from which it was borrowed,
from the party’politics of the day, I yield to the j Rut may it not be asked with infinitely more
firaeedenls which you think I have imposed on J propriety, and without -the possibility of a satis-
tnyiolf, and to the consideratimi that without re- i fnrtory answer, why, if the terms wero meant to
lying on mv personal recollections, which your j embrace not only all the powers particularly ex-
parttalitv overvalues, C shall derive my construc
tion of the passage iu question, from sources of
information aud ,-rideuce known ami accessibh
to all, who f.o l the importance of the subject,
uad arc disposed.to give it a patient examination.
in tracing the history aud determining tho import
of the terms “eoruiiinu defence aud general wel
fare;” as found iu tils text of tho Constitution,
the following lights art- furnished by the printed
Journal of the Convention which formed it.
Tito terms appear iu the gin era! propositions
(offered May “9th as n basis for the incipient tie-
liberation's; the first of w hich “Resolved that the
articles of the Confederation ought to be so cor
rected aud eujirged a* to accomplish tire objects
proposed’by Utair institution, namely: conimou
defence, security of liberty aud general welfare."
On tilts day following, the pioposiiiou was ex
pressed, but the indefinite power which has been
claimed uuder them, the intention whs not so de
clared; why on that supposition so much critical
labor was employed in enumerating the particu
lar powers and iu defining aud limiting their ex
tent? , •
The variations and vicissitudes in tho modifica
tion of the clause iu which the terms “common
defence aud geueral welfure" appear, are re
markable; and to be no otherwise explained than
by tlilfetcnees of opinion concerning tlie necessity
or the form of a constitutional provision for the
debts of the Revolution, some of the members
apprehending improper claims fur losses by depre
ciated bills (if credit, others an evasion of proper
■ip.iius if not positively brought within the autiio-
ised functions of the new government; and oth
ers again considering the past debts of the United
changed for "Resolved that ah uuion of tho States lc>tati-s as sufdcieutly secured by. tiro principle that
Merely federal will not accomplish tho objects! Bio change i
.... n in tho government could change tho o-
hligations of the natiou. Besides tlie indications
iu the Journal, the history of the period sanctions
this explanation.
But, it is to toe emphatically remarked, that in
the multitude of .motions, propositions mid a-
UK-Hitmcuts. there is uot a single oue having re
ference to the terms “common defonee and gen
eral welfare," unless we were so to understand
the proposition containing them, made on Au
gust 23th. -which was disagreed to by all the
Stiites except ouo.
The obvious conclusion to which wc arebro't,
is, that these terms copied from the articles of
Confederation, were rtgarded in the new,.us iu
the old instrument, merely a. general terms, ex
plained and limited by the subjoined specifications,
aud therefore requiring uo critical attention or
studied precaution.
if the practice of the Revolutionary Congress
be pie.'did iu opposition to this view of tlie case,
the pleads met by-the ootoriciy that on several ac
counts the practice of that body is not the expos
itor of the “ankle* of Confederation.” These
articles were uot Iu force till they were finally
ratified by Maryland in 1731. Prior to that event,
the power of Cohgrcss was measured by the exi
gencies of war, and derived its sanction from the
ncquiesence of the States. After that event ha
bit, and a continued expediency, amounting of
ten to a real or apparent necessity, ptoluuged the
rterciio of an undefined authority, which was the
mors readily overlooked, as the members of the
body held their seats during pleasure, ns its acts,
particularly after the failure of tho Bills of credit,
depended for their efficacy -on the svill .of the
States; and ns its gcucral impotcucy became
manifest. Examples of departure from the pre
scribed rule, are too well known to require proof.
Tho case of the old Bank ofNorth America might
he cited as a memorable ouo. The incorporating
ordinaoeo grew out of tho iuferred necessity of
such nn institution to carry on tho war, by aiding
the finances which were starviug uuder the neg
lect or inability of the States to furnish their as
sessed quotas. Congress was nt tho timo so
much aware-of the debcicut authority, that they
rccommondcd it to the State Legislatures to pass
irely ......
proposed by the articles of confederation, namely:
ro.iim ni defence, security of liberty aud gcucral
welfare."
The inference from tlie use here made of the
terms, ami from the -proceedings on the subse
quent proporilioti is, although common defence
JWiI gevi-r.il welfare wave objects of the Confed
eration. they wero limited objects, which ought
tobecularged by an enlargement of the particu
lar powers to which they wore limited, and ac
complished by a chnng s in the structures of the
-Union, from a form merely federal to oue partly
nations!; aud as these terms are prefixed iu the
like relation to the several legislative powers in
the inw charter, ns they are in the old, they must
lie understood to he under liko limitations in the
new as iu the old.
iu the coarse of the proceedings between the
-30th of May mid the C;ii of August, the term-,'
• “common defence and general welfare” as well
ns other equivalent terms, must have been drop
ped: for th/iy do uot appear iu the draft of a Con
stitution reported on the day, by a committee ap
pointed tu prepare oue iu th tail; tho clause in
whichtlio.se terms were afterwards inserted, bo-
ing in llio draft simply “Tho Legislature of the
United States shall have power to lay and collect
taxes, duties, imposts and excises,"
The uianucria which (he terms became trans
planted - from thexild, into tho. new system of Ge-
. verument, is explained by a cmirtsosomewbd! nri-
.veutitioiisly given to tho proceedings of the Con
vention.
On the 13th of August, among other proposi
tions referred was one “to secure the payment of
tits public debt;’’ and,
On the same day, was appointed a committee
of eleven member’s, (one from each State) “to
consider the necessity and expediency of the debts
of tlie several States, being assumed by the Unit
ed States."
■ On tlie 21st of August, this’lnst committeo re-
-ported a clan-o il) tho words following; “Tbo
legislature of the-United States skall have poictr
to fulfil the engagements, which have hem entered
.into by Congress,-and to discharge as well tho
tlvibts of tiro United States, ns tho debts incurr
ed by the several States, during the late war, for laws giving due effect to tho ordinance, which’was
the common defence aud general welfare;" con- done by Pcuusylvania and several other States-
—i—— -i - •»-*- 1 'Mr. Wilson,justly distinguished for his iuullcc
tu;d powers, being deeply impressed with the im
portauce of a Bank at such u crisis, published a
small pamphlet, entitled “Considerations on the
Bankof North America," m which hccudoavor-
ed to derive Rio power from tho nature of the
Union, in which the colonics were declared and
became independent States; aud also from the
tenor of the “articles of Confederation" thorn
selves. I>.t what is particularly worthy of no
tice, is, that with all Lis uuxious search iu thoso
articles for such (lower, lie never glnnced ut tho
terms “common defence and general wclfard,"
as a source of it. Ho rather choso to rest tho
claim on n recital in the toxt, “that for the more
conveuical management of the gen-ral interests
of the United States, Delegates shall bo annually
appointed to meet, in Congress,” which be.said
implied that tho United Slates had general rights,
general powers, and genera?obligations, no^ileriv-
ed from any particular State, nor from all the
particular States, taken separately, hut “resulting
from the Union of tlie whole;” these general pow
ers, not being controlled by tho article declaring
that each Stato retained all pow or* uot greuted
by the articles, because “the individual States
ntrer possessed and could uot retain a general
power over the others.”
Tho authority and nrgmuent here resorted to,
if proving the ingenuity aud patriotic anxiety of
the author, ou ouo band, slnw sufficiently ou the
other, that the terms “common defence and gen
eral welfare,” could not, according to tho known
acceptation of them, avail lux object.
That the terms in question were not suspected
in the Convention which formed the Constitution,
of auy such meauiug as has been constructively
applied to them, may bo pronounced with entire
confidence. For it oxcecds the possibility of bo-
lief, that tho kuowu advocates iu the Convention
for a jealous grant and cautious definition of fed-
cral powers, should bavo silently permitted the
introduction of words or phrases, in a sense ren
dering fruitless the restrictions and definitions e-
laluratcd by them-
Consider for n moment tho immeasurable differ
ence between the Constitution, limited in its pow
ers tu tbo enumerated objects; nnd expanded as
it would he by the improper claim for the phrase
ology iu question. The difference is equivalent to
two Constitutions of characters essentially con
trasted with each other; the one possessing pow
ers coufiuod to certain specified cases; the other
extended to all casos whatsoever: For what is
tiio cato that would uot be embraced by a general
powor to raiso money, a power to provide for tiro
geueral welfare, and a power to pass all laws ne
cessary and prtper to carry theso power* into
execution; all such provisions and laws superced
ing at the same'iime, all local laws and Consti
tutions at variaiico with them? .Can lets bo said
with tho evidooco before ut, furnished \j the
Journal of the Convention itself, than that It is
impossible that such a Constitution as tlie latter,
would have been recommended to the States by
all the members-of tbat body whose names ware
aubscubod to the uUtriiaentf
forming heroin to the 3th of tho articles of the
. l 'onfederation, the language of which is, that “all
-charges of war aud all other expenses that shall
.be incurred for tbo conimou delcuco aud genoral
welfare, aud allowed by the United Slatesin Con-
press assembled, shall ho defrayed out of n com
mon treasury,” Ac.
Ou the 22d of August, tho oommittce ofiivo re
ported among other additions to the clause giv
ingpowtr “to lay ami collect taxes, impost* aud
.excises," a clause in the words following: “for
payments of tbo debts tuid neccssniy expenses,”
qvith a proviso qualifying the duration of the re
venue Jaws.
The report being taken up, it was moved, ns au
amendment, that the clause should rend “tho Le
gislature shall fulfil the engagements and dis-
-charge the debts of the United States.”
It was then moved to strike out “discharge tiro
debts," and insert “liquidate the claims," which
being rejected, tiro nmeudment svas agreed to as
proposed, viz: “the Legislature shall fulfil tho
engagement* and discharge the debts of the Unit
ed States."
On the 23d of August, the danse was mado to
read “tiro Legislature shall fulfil the engagements
nnd discharge the debts of tbo United States, and
shall have tlie power to lay and collect taxes, du
ties, imposts and excises;” tho two powers relat-
to taxes and debts being merely transposed.
Ou the 23tji of August, tho clause was again
altered so os to read “all debts contracted and en
gagement* entered into by or uuder the authority
of Congress [Revolutionary Congress] shall he
«u valid under this Constiutliouas under tho Con
federation."
t This amendment was followed by a proposi
tion, referring to the powers to lay ana colloct
taxrs, die. and to discharge the debts [old debts]
to add “for the payment of said debts, and for
defraying the expenses that shall he incurred for
the common defence and general welfare.'' The
proposition was disagreed to, oue’ State only
voting for it.
September 4.—The committee of cleveu report
ed tlie following modification—"The I.cgULturo
shall have power to Iny aud collect taxes, duties,
imposts and excises, to pay the debts and provido
for tho common defence and general welfare;"
thus retaining the terms of the articles of Confede
ration, and covering by the general term "debts"
thoso of the old Congress.
A special provision iu (his mode could not have
■ been necessary forth*(debts of the new Congress:
* For • power tu provide money, aud n-puwer tn
pcr.urtn certain acts of which money it the ordi-
7 nary trad appropriate means, musr, of course, car
ry wnh.them,. a power to pay the expense of
perfirmiug tl/e act:. Nor was any special nro-
visims for debts proposed till the case yf tho Re-
voluiiqmry. V** hrouglit.into \i>4vt-«u»l it
txa f&ib v ’p:>; I'rtppoo. from tho course of the vari
ed' prdpBtition, v.hicir’ have been noticed. (lu>t
vu for tiie oid tlcbu, and their :n*o?i,itiou with
IT ‘ tom T,°? aercnct > “ n J wtlfarl,”
,h« r . j 9 havij romqmvd a* reported in
tho first draft of a constitution! expressing gener
Faning from this view of the sense in which the
terms, common defence and general welftre,
were used by tho Framers of the ConstituuoD,
let us look for that iu which tboy must have been
understood by tho Convention*, or rather by the
people who, through their Conventions, accept
ed ami ratified it. And here the evideuce is. il
possible, still more irresistible, that tho Minis
could not have been regarded ns giving a scope to
Federal legislation, infinitely more ohjectiouahle,
than nuy oi the specified powers which produced
-lull strenuous ujijjosiiiou, and calls for amend*
nit: uti which might be safeguards ngaiust the duu-
gers apprehended from them.
Without rccurriug to tho published debates of
those Conventions, which, as far as can he relied
on for accuracy, would, it is believed, uot impair
tho evidence furnished by their recorded proceed-
iugs. it will suliice to consult the lists ol amend
ments proposed by such of the Conventions as
considered the powers granted to the Loveil)*
nicnt, too cxtcusive, or not safely defined.
Besides tlie restrictive and explanatory amend
ments to the text of tho Constitution, it may he
observed, that# long list was premised under the
name nud in iho nauro of “Declarations ol
Rights;" nil of them indicating a jealousy of the
Federal powers, mid an anxiety to multiply se
curities against a constructive cu'argeiiieut of
them. But the appeal is more particularly made
to the number and nature of the uuicudineuts,
K osed to bo made specific aud integral parts
a Constitutional text.
No less thin seven States, it appears, concur
red in adding to their ratifu atious, a series of a-
mendmciils. which they deemed requisite. Of
these amendments, nine were proposed by'the
Convention of Massachusetts; five by that of South
Carolina; twelve by that of New liumpsHrc; twen
ty by that of Virginia; thirly-thrc: by that of
New York; twenty-six by that of North Carolina;
twenty-one by that of Rhode Island.
llcicarea majority of the S tale* proposing a-
tiiciiiluicuts, ill one in.-..nice thirty-three by a sin
gle State; all of them intended to circumscribe
tlie power granted to tho General Government,
by explanations, restrictions, or prohibitions, with
out including a single proposition from a single
State referring to the terms, common defence aud
general welfare; which if understood to convey
the asserted power, could not have failed tu he
the power most strenuously aimed at, because ev
idently more alarming iu its range, than all the
powers objected to put together. And that the
term: should have passed, altogether uiiuoticeu
by the many eyes which saw danger in terms aud
phrases cnipit.ycd in some of the most minute
nud limited of the enumerated pouch, must be
regarded as a demonstration, that it was tukcu
for granted, that the terms were harmless, be
cause explained and limited, ns hi tbo “articles
of Confederation," by the enumerated powers
which followed them.
A like demonstration, that these terms were
not understood iu any sense that could invest
Congress with powers'not otherwise bestowed by
the Constitutional Charter, may be found in what
passed in the first session nf tho first Congress,
when the subject of amendments was taken up,
witli the conciliatory view of frjting the Consti
tution from objections, which hud been made to
the extent of its powers, nr to the uuguarded
terms employed in describing them. Not only
wero these terms “common defence and general
welfare,” uunoticcd iu the lung list of amend
ments brought forward iu the outset; but the
Journals of Congress shew that iu the progress
of the discussions, not a single proposition w as
mado in either branch of tho Legislature, which
referred to the phrase as admitting a constructive
enlargement of the granted powers, ami requiring
an amendment guarding -against it. Such a for
bearance and silence ou such an occasion, nnd
among so many members who belonged to the
part of tho nation which called for explanatory
und restrictive amendments, and who laid been
elected as known advocates for them, eauuot he
accounted for, without supposing that tho terms
“comtnuu defence and geueral welfare,'' were
not at that time deemed susceptiblo of any such
comtrcution ns has since bccu applied to them.
It may he thought perhaps, duuto the subject,
to advert to a letter of October 5,1737, to Samu
el Adams, and another of October ICS, of tbo
same year, to tho Governor of Virginia, from R.
II. Lee, in bulhof wbicb, it is seen that the terms
had attracted Jus notice, and wero appreheuded
by him “to submit to Congress every object of
Iniinnu legislation.” But it is'particularly wor-
thy of remark, tbat altlio' a member of tho Sen
ate of tho United States, when amendments to
the Constitution were .before tho Uousc, and sun
dry additions and alterations wero there mado to
tho list sent from the other, uo untico was takeu
of those terms as prcguimt-yvith (larger. It must
be inferred that tho opinion formed by this dis
tinguished member, at the first view of the Can-
stilulioupHiul before it had been fully discussed
nnd elucidated, had been changed iuto a convic
tion that the terms did nol fairly admit the con
struction he had originally put on them; aud there
fore needed uo explanatory precaution against it.
1 close these remarks, which I fear may bo found
todiuus, with assurances of iny great esteem and
best regard. JAMES MADISON.
Mr. Stevenson.
From the Greenville Mountaineef, June 2.
In another column of this' paper will be seen
the reply of Judgo Priolcnu to tho letter of Capt.
Long, on the subject of Confiscation. Tho Judge
admits saying, that the Uuiuu party wero os “tip-
nrclrouiivc of Con/!station as they were of IU vo
lution, and 1 thought uot without reason, if the
latter took place; for then to a certainty the old
ecenesofthe Revolution would be acted over again.
That if the State took its stand in hostility to the
General Government, those who were uot for her
would be regarded as against her, and treated
accordingly."—“/ added that J had no dovlt,
whenever the Legislature passed the Act, they
would take eare to make it effectual, by every
means in their powtr, as by pains and penalties,
or else it would be nugatory; and l thought wc
should then find no one so bold as to resist Us ex
ecution, when the consequences might be a Confis
cation of his estate." Wo leave it for our read
ers to say, whether such, language as tho above
does not substantially support the statement made
by Capt, Long. It is true, Judge Prioleau says
tbat be believes nullification to be a peaceful re
medy; but others of his party admit that it can
not be peaceful, without the General Govern
ment will back out, and suffer South Carolina to
maintain her stand. If the General Government
attempt to euforco tbo collection of tho revenue
(whicn she most assuredly will bo compelled to
do, or abandon all federal powers) the State will
have to assume, a hoslilo attitude or her act of
Nullification will be uugatory.
If Nullification it as peaceablo nnd harmless ns
tlie South Carolinians pretend it is, why do they
makeso much noise about it? If it is a constitu
tional right they are about to exercise, why not
doitwitnout military parade? Surely if it can
do no harm, no one will object to it when that
fact is ascertained. Then, let thorn say nn more
phout it—lot them cease their threatening—let
them ground their arms until the proper time ar
rives, and then exercise their rights os becomes
a people disposed to do no wrong. But at the
time time they assert that it it peaceable and
roustitatienal, they are warning the national Leg
islature of the danger of continuing tbo- tariff—
are demanding a total abandonment at that poli
cy—exhorting tho Union to pravbke them no
more, and are calling upon the whole world to
witness that they gave timely uotice of what?—
tho destruction of a great nation!—Nn! But of
the (act that they are going to exercise a right,
according to their account of it, which is strictly
tonstitutional and by no means can do harm to the
Union!!! Their language to the Union is, “wo
implore you in tho name of all that is right nnd
just, not to force us to do that which v,»M be of
incalculable advantage to us, mid chu be no inju
ry t 0 you." What a farce to be acted by the de-
sccudnnts of George Washington! Step by step,
they are marching to the point, aud il will uot
be long uutil they ackaowlengc tho absurdity ol
their argument to shew ihnt Nullification is peace
able mid right. How they will justify its exer
cise then remains to be seeu.—Knoxville (Ten.)
Republican.
Audubon.—This distinguished naturalist, with
his assistants, has again returned iu good health
to our city, (says the Charleston Courier of tho
C:h instant,) after having been actively mid suc
cessfully engaged ill exploring the southern coust,
islands, and sand keys of East Florida.
Mr* Audubon left Charleston on the 13th of
April last, in the reveuue cutler Muriou. The
use of this vessel had been geuerously allowed
him by our government. In addition to this, ev
ery facility was afforded by tiro collector of our
port; and the skill, vigilance, aud untiring steal of
Captain Day and his officers tiro spoken of hv Mr.
A. with unqualified approbation. Possessing the
above facilities, he has beeu enabled to visit at
least one hundred aud fifty of the keys along the
soiitlroru coast of Florida, nud has brought to our
city a collection of specimens i:i natural history,
wliich tvas with difficulty conveyed through our
city in five cart loads.
This collection consists of plants, seeds, shells,
coral, amphibious animals, and the skins of quad
rupeds and birds. In looking over liis beautiful
drawings of plants, mid the roots aud shrubs In-
ha* brought with him iu boxes, we were struck
with the idea that much remains to lie done iu
our newly acquired territory in the department
of botany, as none of the plants ho has brought
are described in Elliott, nnd ninny of them np-
penr to ho altogether new. Of shells he hns bro't
about six barrels, and iu the department of orni
thology, to which lie. has devoted so many years
of his life, and traversed utmost every portion of
our wide exteuded country, lie lias been unusual
ly successful. lie litis brought the skins of up
wards of five hundred and fifty birds, principally
of the larger species. Of these, most are rare
birds iu tliis part of our country—and seven spe
cies at least are new, ami have never been descri
bed or notiecd-by any American ornithologist.—
Of these, oue is the heron, (nrdea) snowy white,
crested, but without train, in weight and size more
than double that of our large white heron, (nrdea
alba) mid is the largest and most beautiful heron
that has ever yet been discovered. Strange, that
after our country has been so carefully searched
by those distinguished ornithologists, Wilson,
Ord, Bonaparte, l'eale and Nuttnll, it should re
main for Audubon to discover, in the very heart
of our country, the largest eagle iu tho world,
(falco Washiugtonii) and now also tiro largest ho-
rou. Of this beautiful bird, lie has uot only bro't
eleven stuffed specimens, but .four living young
ones iu fine order, which aro likely to do well,
and although hut three weeks since they were
taken from the nest, they arc already larger than
our largo blue heron, (ardea herudigp;) a cuckoo,
a little larger than cither of our other two species;
a fly catcher, (muscicapa) somewhat larger than
our common kiug bird, (muscicapa tyrauus;) two
somewhat larger than tiro Zcnaida dove, (culum-
lia Zcnaida) with the upper suface of its body of
bronze color, exhibiting metallic changes. In
additiuu to these now discoveries, he has also vi
sited ihi; breeding places, aud ascertained the ha
bits of inuuy birds that have heretofore bccu but
little known. Ho lias collected the egg* and young
of almost every species which ho lias brought, n-
mong which we recognize those of all the herons
that inhabit the United Stntcs—tiro man-of-war
bird, or frigato pelican, (tachypclcs aquilius;) the
cormorant, (phalncrornu graculus;) the brown
pelican, (pelicaraes fusets;) tho honhy, (sula Ali
en;] die noddy, (sterna stolida;) tiro white ibis,
■(ibis alba;) and four species of pigeons, of which
very little has been hitherto known.
TJio labor requisite to the pursuits in which
Audubon is engaged, must bo immcuse. In or
der to render Ins scientific nud beautiful work de
serving of the patronngo of his countrymen, and
a monument of hit industry and talents, he has
traversed our northern wilderness, along the bor
ders of our immense lakes—ho has followed tiro
rivers of the Arkansas, Mississippi and Missouri
—he lias watched the songsters of our forest for
years in succession, in Pennsylvania, Kentucky
and Louisiana—has during the last winter ex
plored the swamps, tho mangrove thicket* and
sandy keys of Florida, nud it is probable that his
untiring zeal will soon carry him over the Rocky
Mountains, nnd that his labors will uot bo remit
ted till be arrives at the Pacific ocean.
LATEST FROM FRANCE.
Arrived yesterday from Hnvre, (says the N. Y.
Jour, of Coin of the 4th injt.) the ship Edward
Quesnel, bringing papers to May 5. Tho chole
ra continued to decline in Paris. Tho report of
May 4 contains hut 22 deaths, being less by 16
than tho report of the preceding day, and. almost
nothing compared with tho deaths twenty days
before. M. Casimir Pericr romaiued very dau-
gcroiisly ill.
At liavro tho discaso does not appear to havo
made great progress. The whole number of ca
ses from the 25th of April, when it first broko out,
to the 4 th of May, was 55; deaths 24; cured 13,
remaining 19. New cates ia the two last days,
only 4.
Some disturbances had existed iu Marseilles,
but they had subsided.
Tho Russian ratification of the Belgian treaty
had been received at London.
Tho Austriau and Frcuch troops were to be
withdrawn from tbo Papal Status.
Havre, May 3.—Snlcs of Cotton—52 hales of
Sea Island at 185f; 100 Upland, 93; 25 do. 94; 94
Louisiana, 90. Coffee—27 hags St. Domingo,
per Pearl, 72jf.; 312 per Laguira, duty 571 a 721.
5—Sales of Cottim—30 bales Upland,
98f.; Coffeo—600 bags St. Domingo, 75f.; 100 do.
75|.
Latest from Merico.—Tlj the schooner Empe
ror, which arrived here from Tampico, which port
sho left on tho 25th ultimo, we have received our
Glcs of tho Tampico Gazette to the day of sailing
inclusive, from which we learn tho interesting in
telligence, that on the night of the 12th the nnnv
or Gen. Calderon,' which was besiegiog Vera
Cruz, raised theseigo aud mHrched into the inte
rior. This fact it announced officially by Gen.
Montezuma, who commnnds at Tampico, and
whose proclamation to that effect it published In
tho Tnmpico Gazette of the 22d.
We learn farther from a gentleman who came
in the Emperor, that intelligence had been receiv
ed by the latest mail from Vera Cruz, that Gene
ral Santa Anna bad sent a detachment of200 ca-
vaDy in pursuit of tho fugativo army of 1200 dis
ciplined troop i; togolher withtnany new recruits,
setoutimmediateV on his march C.r Mexico,
rlus intelligence ts olio yonfirmed by a letter fwta
frflttj omhaot of ' T «‘ n PlM 1 which ire
fence—Ten thousand dollars,^Vent hT 1 4
The brother in law of Santa A«», ,
here a few week* since, cam. Ba *
Emperor. m ® P ds »eog er J
Exti nct of a lettor from a retne.,.11
cHh merchant to hi* friend iu ^
by the Euiperor, dated c,, 7’ r «
“Timesbrighten ouTsT^Ttohwir 5 ' 11
\era Cruz h..« raised the siegewdS?*
Sruta Anuti is in lull nur.uit. o« fk "
the news here, we flreS a salute (Vo tin'
aud vessels of war; mid Terau, on ll
noise rauaway and has not since bttn k
Hi. troop, were all deserting hftt,
No. 11, a great number has already c .„ '
tiro whole division it to march enil 0 ,l
country. Santa Auun snysi,, his letter,*
that he will bo in Mexico in eight dj*??
date. Jalupa, Puebla, I'erote, & c i '
iimmced in fitvur of Santa Anna, ami r «„
afloat that Mexico is also in his favor'"
well. Migoni is kicked out, and Prieto i.'
istrator m lus stead."—A’. (). lUe.
Jamaica.—We have received by the W
rence, files of Kingstou papers toihe sail
A committee of the Uuuse of As«c m |,|7‘ r l
to its prorogation, made a report on the e»,J
the late rebellion iu that island. They,
1st. To tl* interference of tiro British M1
with the locuPlegislniure; to their intemnoJ
pressions on the subject of slavery; totL
thcr individuals in the Douse of Cuuimiioi
to the reports of the auti-slavery socieiv
2d. To a delusive expectation r-riiti
mOugst the slaves by evil disposed per,™,'
they were to be free after Christmas; 8 »di
event of freedom being withheld, Urn ihJ
fight for it.
3d. To an ahiiso existing in the syslfm ■
cd by tiro Baptist, Wesleyan Methodists cgi
rnviaiis, of giving the slnvcs that became w,
to their doctrines, such rauks as rulen,,
leaders and helpers, mid to the preachm.
teaching of these sects, which bud the ell'
producing a belief that they could notimei
itual and temporal master.
This committee further reports, that ;
mount of injury caused by tlie late ni*!
1,111,6281. 3s. ad. to which was to be add*
expense of suppressing the rebellion, estima
105.0WM.
, The desk of Mr. Box, a missionary, *i
ring the rebellion, broken open and part
contents of a journal kept by him which
tabled, published iu some ol the Jantaita t
Wc should not allude to this circumstance
it not for a remark in the Commercial
evening, that the extracts in question are"
an unexceptionable nature thattbe mostl
ous cannot bo ofiended at them." , We I
wc aro not over fastidious, and yet the:
parts of this journal so cxprcSsivc of die
feelings of die reverend gentleman, to full
wrestlings of the flesh with tho spirii, f
thought them uufit to meet the public eye
Colonel has certaiuly uot read them,—ifl
tho opinion expressed by him, will mi
cliauge the high opinion we havo hitherto
tuined of the delicacy of bis character.
While on this subject, we would remai
in the late debate in tho house of l’cen,
subject of slavery iu the West Indies, lb
of Wellington condemned the policy of th
out .Ministry and asserted, that ho and lib
wero totally averse from taking soy th
could depreciate the value of the propmj
planter without granting him full iuilem
This declaration will attach to him and hi
tho whole of the West India interest, aodi
turc in British purty polities well wonhy
tice.—,V. F. Courier If Enquirer.
By tltu steamboat I'hcenix which im'red i
St. I.nuis, where the left on the 26th, we It
that the steamer Chieftain bad arrived stl
Louis from Galena, with the last of the wm
and childrcu front that place, all tho mining H
ness having been suspended. The Chi'
ports that a detachment of eighteen tt
munded by Lieut. Hamilton, bad been cut off 4
Fort Clark, and that three entire families ill
neighborhood had been massacred, with the|
ccption of two young women who are sop)
to have been captured and carried away •
Fears were entertained that the Winut
would unite with tho Sacs and Fom is *j
caso there would be upwards of3000wti
the field. The Phcenix brought no papr
U. Etc.
Tho Mr. Smyth, who lately choked the Sm
ites, at the Hamburg barbecue, with bis *■!
toast, it, wo learn from tho Augusta Counrr.
tor of the If'ashengton News. The Cotqu ]
tlror aaya, “The Cltronide’s account of hart
ing back iuto tiro crowd had not been rercro
him.—We know the etatenieot to he ••“"'J
only from his accouut of bis behavior, wij
several who witnessed it. He was on iwn
of making a sharp reply, but deenwd it pnw
forbear, mid took his seat where he
indignantly stood nud braved the storm »»
till it suuk itself ashamed of its blowing.
GEN. THOMAS SUMTER
Died on the Its iu*t. at Ills residence,
Bradford Springs, afteta short illness, M“V|
year of hit age. This ardent patriot, one J
last of our gnllant revolutionary officef*
descended to the tonib,’ full of year** ,
or*.” It bat been the lot of few *° a,m . ;J
great age of this venerable man, thwj!j. j
veutful n life, lie stand* identified wW >
ry of this Stnto. During the struggle*
then Colouios for Independence, nt
nftcr the fall of Charleston in 1780, the
.South Carolina wore the most 8*°®°' Ty]
tho deepest despondency seized theorea
citizens, nnd all hope of furthor
bandoued. Col. Sumter nt l ' ie , ^
hand of freemen, (whojiadhccu forew
returned to tho Stato nnd raised the s ,
opposition ngeinst a victorious cnetn ; ’
succostion of spirited and 6 a N, 1,al ,* D „,; wet i
hopes of the people wore revived Q
On tiro 12th of July, two month* aftcr'"^
Charlekton, 133 men efhis
routed a detachment of British force ? « n n
Williamson’s plantation, which was ....
vnntago gained over them
tho State at the beginning of the s*™ ]
Tho steady friends of Independence
to his stnndnrd. Ho m°° n after m sl B
and gallant attack upon
oy Mount, and on tho 30ih of the
at tiro Hooping Rock, annihilate. ^ ,
Wales’ regiment; dispersed ihe J u ud«'f
had advanced from North
Bryant. Roused and animated
successes: the whigs formed them ‘
paniet, attacked aad dispersed . gMt
incuts of British force* and R°)®\ „thsriol
ter these event* he was promoted
Brigadier General. fe ni
llo. wits, formnnyyears.aoe?„ 0 ei
frefra lhi| Slate,Jtod ^ £ it
ItopubUdun of W and W.-l 11 * m