Macon telegraph. (Macon, Ga.) 1826-1832, June 14, 1832, Image 2

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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