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VOL3.]
PUBLISHED WEEKLY
THOPftAS A. PASTEUR.
Ity TfIRMS-—The Washington News is puh
islieil weekly, at f our Dollar.’ a year; or Three
Dollars, if paid one half in advance, ki the oth
er atthccxpirationofsix months.
By No subscription will be received for a less
term than six months.—All arrearages must be
paid before any subscription can be discontinued,
but at the option of the proprietor.
By A failure to notify a discontinuance at the
end of the year, will be considered as anew en
gagement.
By Advertisements (except those published
monthly ) willbc inserted conspicuously at 75 cents
per square for the first insertion, and 50 cents for
each continuance. —If the number of insertions is
not specified, they will be continued until forbid,
and charged accordingly.
By AH advertisements published monthly,
will be charged one dollar persquare for each in
sertion.
By Letters must be post paid, or they will be
charged to the writers.
fry* For the Information of our advertising
we publish the following Lair Keyui tiles-
Sales of Land andiNegroes, by Administrators
Executors or Guardians, are required, by law,
to be held on the first Tuesday in the month, be
tween the hours often in the forenoon and three
in the afternoon, at the Conrt-Honse ofthe coun
ty in which the properly is situate.—Notice ol
these rules must he given in a gazette SIXIY
days previous to the day of tale.
Notice ofthe sale of personal property must lie
given in like manner, FORTY days previous to
the day of sale.
Notice to the debtors and creditors of an estate,
must be published for FORTY days.
Notice that application will be made to the Court
of Ordiuary for leave to sell land, or Negroes,
must be published for FOUR MONTHS.
Latest Fashions.
THE subscribers respectfully
inform their friends and the
. citizens of Wilkes county generally,
that they have just received the Re
port of the latest
FASHIO jXS _
from Philadelphia and New York.
Gentlemen who have hitherto been
the practice of supplying tliem
gelvtis with clothes from either of
those, or other places at a distance,
will find it to their advantage by call
ing on us, as they can he accommo
dated here with clothing ot as neat
aud fashionable a style as can he ob
tained elsewhere.
Grant Sc Stillwell.
June Sth, 1930. sl—2t.
>in 1 str ntpjas: yffli *■ * <>s^.
•ULETTILL be sold to the lowest
bidder, pursuant to an or
der of the Inferior Court of Wilkes
county, on the first Tuesday in July
next, at the court house in Wilkes
county, the following named old and
infirm
saifss,
belonging to the estate of Matthew
Talbot, deceased, to wit: Andrew
and John men, and Amy, a woman.
The purchaser to give bond with
approved security, for the support
and comfortable clothing of said
fdaves during life.
Thomas Talbot, adm’r.
Os Matthew ‘Talbot dcc'd.
June 1,1830. 50—3 t.
WILL he sold on the first
Tuesday in August next at
the court house of Wilkes county be
tween the usual sale hours, two
tracts of land, one containing
acres more or less, ly
oHflf ing in said county ad
joining Joseph Henderson, also one
other'tract containing
acres more or less, ad
_ll- joining Enoch Little
ton in said county, being the real
estate of Richard Petect deceased of
said county.—Sold for the benefit o
the heirs and creditors of said dec.—
Terms made known on the day of
sale.
Chenoth Peteet, \ Mrs
Simeon Petcet, S
May 25th 1830. 49—tds.
WILL be sold on the first
Tuesday in July next, at the
Court house of Lincoln county a Jot
M os land containing one and
a half acres lying in the vil
lage of Lisbon in said coun
ty, adjoining lands of Thomas Wal
ton and others, it being a part ofthe
leal estate of Isaac M’Lendondec’d.;
sold for the benefit of the heirs* and
creditors of said dec.—Terms made
Known on the day of sale.
James Walker, adm’r.
April 2Uth 1830. 44—tds.
231 aw&ss
‘ffpatty executed ot iMc OjEcu
WASHINGTON, (GA.) TUESDAY, JUNE 15, 1830.
WILL he sold in Lexiugton,
Oglethorpe county, on the
first Tuesday in July next, all the
Personal Property
of Frederick Patterson, late of said
county deceased. Sold for the bene
fit of the creditors.—Tortus cash.
John llupert, adm’r.
May 20,1830. , 40—tds
MILITARY.
WE, the undersigned, taking
into consideration the pre
sent low Military spirit ofthe country,
and having a strong desire to see an
advancement in Military pride, and
to see its promotion, do hereby re
commend the establishment of a
Military school in the vicinity of
HHillsboro’ Jasper county, Geo. for
the only purpose of giving and re
ceiving instruction in military tac
tics—Wc earnestly therefore solicit
all those who are desirous of obtain
ing military information to meet at
Hillsboro’, the 3d day of July next,
for the purpose above contemplated;
at which time reflations will be en
tered into in order for the immediate
operation of the School. A person
of skill and capacity can he obtained
as instructor.
Geolige Adams, CoL3O, Regt. g. m.
W. P. Irwin, Capt. 293d Dist. u. si.
John C. Easter,
Jacob McClendon,
Bailey Bell.
May 22. 49
COMGR.ESSXerfA£.
MAYSVILLE ROAD BILL; ~
HOUSE OF REPRESENTATIVES, MAY 27, 1830. .
• Xhe followiug Message was received from the
President of the U. States, returning to the Ilousfe
of Representatives the enrolled bill entitled “An
act authorizing a subscription of stock in the
Maysville, Washington, Puris, and JLexingUm
Turnpike Road Company,” with his objections
thereto.
To the House of Representatives,
Gentlemen: I have maturely con
sidered the bill proposing to author- 1
i/.e “a subscription of stock in the
Maysville, Washington, Paris, and
,
ny,” and now return the same to
the House of Representatives, in
which it originated, with my objec
tions to its passage.
Sincerely friendly to the improve
ment of our country by means of
roads and canals, I regret that any
difference of opinion in the mode of‘
contributing to it should exist be
tween us; und if, in stating this dif
ference, I go beyond what the occa
sion may be deemed to call for, 1
hope to find an apology in the great
importance of the subject, an un
feigned respect for the high source
from which the bl anch of it has-em
anated, and an anxious wish to be
correctly understood by my constit
uents in the discharge of all my du
ties. Diversity of sentiment among
public functionaries, actuated by the
same general motives, on the char
acter and tendency of particular mea
sures, is an incident common to all
Governments, and the more to he
expected in one which, like ours,
owes its cxisence to the freedom of
opinion, and must be upheld by the
same- influence. Controlled, as wc
thus are, by a higher tribunal, be
fore which our respective acts willbc
canvassed with the indulgence due
to the imperfections of our nature,
and with that intelligence and unbi
assed judgment which are the true
correctives of error, nil that our
responsibility demands is, that the
public good should be the measure
of our views, dictating alike their
frank expression and honest main
tenance.
In the message \Vhich Was pre
sented to Congress at the opening ol
its present session, I endeavoured to
exhibit briefly my views upon the
important aud highly interesting sub
ject, to which out attention is now
to he directed* I was desirous of
presenting to the Representatives of
the several States iu Congress as
sembled, the inquiry, whether some
inode cdulii not be devised which
would reconcile the diversity of o
pinion concerning the powers of this
Government over the subject of in
ternal improvement, and the man
ner in which these if con-
ferred ly the Constitution, ought to
he exercised. The act which lam
called upon to consider, h.is, tlierc
fore, been passed with a knowledge
of my views on this question, as
these are expressed in the message
referred to. In that documeut the
following suggestion Will he found.
“Alter the extinction of the pub
lic debt, it is not probable that any
adjustment of the tariff, upon prin
ciples satisfactory to the people ofthe
Union, will, until a remote period,
if ever, leave the Government with
out a considerable surplus in thetrea*
sury, beyond what may he required
for its current service. As then the
period approaches when the appli
cation ol the revenue tothc payment
■ of debt will cease, the disposition of
the surplus will present u subject for
the serious deliberation oiiCongress;
and it may he fortunate for the coun
ty tlmt it isjyet to bo decided. Con
sidered iu connexion with tlie diffi
culties which have heretofore atten
ded appropriations for purposes of
internal improvement, and with those
which this experience tells us will
certainly arise, Whenever power o
ver such subjects may he exercised
by the General Government; it is
hoped that it may lead to the adop
tion ol some plan which will recon
cile the diversified interests, of the
States, Sc strengthen the hands which
unite them. Every metnher of the
Union, in peace and in war, will
be benefitted by the improvement of
inland navigation and the const ruc
tiou of highways in the several states.
Let us then endeavour to attain this
benefit in a mode Which will he sat
isfactory to ail. That hitherto “a
dopted has been deprecated as an
intraction ofthe Constitution by ma
ny of our fellow citizens; while by o
thers it has been viewed as inexpe
dient. All feel that it has been em
ployed at the expense of harmony in
the legislative councils}” and adver
ting to the Cuns‘iti>t>onai power of
Congress to make wl; >t I consider
j a proper disposition of ‘he surplus
revenue, 1 subjoin the re
marks: “To avoid ihustj^^^j-uu
and federal disposition
he made of the surplus revenues
would he its apportionment among
the several States according to their!
ratio of representation; and should
this measure not he found warrant
ed by the Constitution, that it Would
be expedient to propose to the States
an amendment authorizing it<”
The constitutional power of the
Federal Government to construct nr,
promote works of internal improve
ment, presents itself in two points
of view: the fiist, as bearing upon
the sovereignty of the States within
whose limits their execution is con
templated, if jurisdiction of*the ter
ritory which they may occupy, be
claimed as necessary to their preser
vation and use; the second, us as
serting the simple right to appropri
ate money from the national treasu
ry in aid of such works when under
taken by State authority, surren
dering the claim of jurisdiction. In
the first view, the question of pow
er is an open one, aud can he deci
ded without the embarrassment at
tending the other, arising from the
practice of the Government.
Although frequently and strenu
ously attempted, the power, to this
extent, lias never been exercised by
the Government in a single instance.
It does not, in my opinion, possess
it, and no bill, therefore, which ad
mits it, can receive.my official sanc
tion. 1
But, in the other view ofthe pow
er, the question is differently situa*
ted. The ground taken at an early
period of the Government, was,
“that vvhever money has been raised
by the general authority, and is to
be applied to a particular measure,
u question arises, whether the par
ticular measure be within the enu
merated authorities vested in Con
gress. If it be, the money requisite
for it may be applied to it; if not,
no such application can be made.”
The document in which this princi
ple was first advanced is pf deserved
ly high authority, and should be held
in grateful remembrance for its im
mediate agency in rescuing the coun
try from much existing abuse, and
for its conservative effect upon some
ofthe most valuable principles ofthe
Constitution. The symmetry And
purity of the Government would,
doubtless, have been better preser
ved, if this restriction of the power
of appropriation could have been
maintained without weakening its a
hility to fulfil the general objects of
its institution: an effect so likely to
attend its admission, notwithstand
ing its apparent fitness, that every
subsequent administration ofthe go
vernment, ‘■.embracing a period of
thirty out of the forty-two years of
its existence, has adopted a more
enlarged construction of the power.
It is not my purpose to detain you by
a minute recital of the acts which
sustain this assertion, hut it is prop
er that I should notice some of the
most prominent, in order that the
reflections which they suggest to my
mind, may ho better understood.
In the administration of Mr. Jef
ferson we have two examples of the
exercise of the right of appropriation,
which, in the consideration that led
to their adoption aud in their effects
upon the public mind, have had u
greater agency in marking the Char
acter of the power, than any subse
quent events. I allude to the pay
ment of fifteen millions of dollars for
the purchase of Louisiana, and to
the original appropriation for the
construction of the Cumberland
Road; the latter act deriving much
weigiit from the acquiescence and ap
probation of three of the most pow
erful ofthe originar'tnembbrs of the
confederacy,expressed through their
respective Legislatures. Although
the circumstances of the latter case
may be such as to deprive so rituch
of it as relates to the actual construc
tion of the toad, of the force of an
obligatory exposition ofthe Consti
tution, it must, nevertheless, be ad
! mitted that, so far as the ‘niere ap
j plopi iation of money, is concerned,
* they present the principle in its most
j iuipoaingaspcet. No less thuntweu-
I ty-thioe different laws have been
| passed through ull the forms of the
’Cons'*, ition, appropriating upwards
u.il I"TjaTF of A-lla an
■koflke National Treasury in sup
of that improvement, with the
! uffroLmtion of every President of
! the U. States, including my prede
| cessor since its commencement.
Independently ofthe sanction given
to appropriations lor the Cumber
land and other roads and objects,
under this power, the administration
of Mr. Madison was characterized
by an act which furnishes the strong
est evidence of his opinion of its ex
tent* A hill was passed through
both houses of Congress, and pre
sented for his approval, “setting a
part and pledging Certain funds for
constructing roads and canals, and
improving the navigation of water
courses, in order to facilitate, pro
mote, and give security to internal
commerce among the several States;
and to render more easy, and less
expensive, the means and provisions
for the common defence.” Regard- i
ing the bill as asserting a power in ;
the Federal Government to construct i
roads and Canals within the limits of i
the States in which they were made, ,
he objected to its passage, on the i
ground of its unconstituiionality, dc- :
daring that the assent of the respcc- ,
tive States, iu the mode provided by i
the bill, could not confer the power *
in question; that the only cases in i
which the consent and cession of par- i
ticular States, can extend the power i
of Congress, are those specified and i
provided for in the Constitution; and
superadding to these avowals, his i
opinion, tuat “a restriction of the j
power ‘to provide for the common i
defence and general welfare,* to ca
ses which are to he provided for by i
the expenditure of money, would i
still leave within the legislative pow- -
er of Congress all the great and most ;
important measures of Government, i
money being the ordinary and ne
cessaiy moans of parrying them into
execution.” I have not been able i
to consider these declarations in any
other point of view, than as a con
cession tlmt the right of appropria
tion is not limited by the pu’wer to
carry into effect the measure for
which the money is asked, as was
formerly contended#
[N ew Series—l\o
The views of Mr. Monroe up a
this subject, were not left to inter
fere. During ‘bis administration u
bill was passed through both Houses
of Congress, conferring the juiisdic
tion und prescribing the mode by
which the Federal Government
should exercise it in the case ofthe
Cumberland Road, lie returned it
with objections to its passage, aud
in assigning them, took occasion to
say, that in the early stages of the
Government, he hud inclined to the
construction that it had no l ight to
expend money, except in the per
formance of acts authorized by tha
other specific grants of power, ac
cording to a strict construction oftheta
hut that, on further reflection and
observation, his mind had undergone
a change; that his opinion then was#
“that Congress have an unlimited
power to raise money, and that, in
its appropriation, they have a discre
tionary power, restricted by the du
ty to appropriate it to purposes of
common defence, and of general,
not local, national, not State bene
fit;” and this was avowed to be the
governing principle through the res
idue of hi3 administration, The
views of the last administration aid
of such recent date as to render a
particular reference to them unne
cessary. It is well known that the
appropriating power, to the ntinost
extent which had been claimed foi*
it, iu relation to internal improve*
meats, was fully recognized and cx
ercisod by it.
This brief reference to knowt/
facts, will he sufficient to show the
difficulty, if not impracticability, of
bringing back the operations of the
Government to the construction of
the Constitution set Up in 1798, as
suming tlmt to be its true reading',
in relation to the power under con
sideration, thus giving an admonito
ry proof ofthe force of implication,
and the necessity of guarding th
Constitution with sleepless vigilance,
against the authority of precedent*
whili have not the sanction ofitsmosS
plainly defined powers. For, al
though it is the duty of all to look to
. that sacred ißii!j);c.mcatt iustcgj C**
the statute hook, to repudiate at aV
t,mes > encroachments upon its spi
rit, which are too apt to be effected
by the conjuncture of peculiar and
facimiting circumstances, it is not
less true, that the public good and
the nature of our political institutions
i equiie, tlmt individual differences
should yield to a well settled acqui
escence of the people and confedera
ted authorities, in particular con
structions of the Constitution, on
doubtful points. Not to concede this
much to the spirit of our institutions,
would impair their stability, and de
feat the objects of the Constitution
itself.
The bill before me does not cal;
for a more definite opinion upon the
particular circumstances which will
warrant appropriations of money by
Congress, to aid works of internal
improvement, for hlthough the ex
tension of the power to upply monc/
beyond that of carrying into* effect
tlie object for which it is appropriate
cd, has, as we have seen, been long
claimed and exercised by the Fedetui*
nl Government, yet such grants have* 1
always been professedly under tiity
control ot the general principle,
the works which might be thus aided,
should be “of a general, not local— ~
national, not State” character. A
disregard to this distinction would 0 f
necessity lead to the subvers; on ‘ J
the federal system. That ev, c „ t !u*
is an unsafe one, arbitrary , n ; ts ,/u
tine, and liable, consequently, to
great abuses is too obvious to r c V 0 ;~
the confirmation of expariem e i?
is, however, sufficiently do'*
imperative to my mind, *■ , ...
approbation of anv !•' u
character oftW’ t I,av,n ', tho
utiou. I have c,, Gonsider
li thereflcc’- !
resratd so- ; 10 ” dc ' n a‘ided by a just
o* /• >• *’ .‘Jj? interests of those of
it-- 10 ” V ltuc ' iis w ho huve desired
° passage, aud by the respect which
dI,Q Wa e<. ordjrmto branch ofthe
but I !u „ not ijb!e (f)
view it m any other light than as a
measure of purely local charade.;
oi if it can he considered national,
that „o further distinction between
the appropriate duties ol tfcv Ue(ie