The Washington news. (Washington, Ga.) 1821-183?, June 15, 1830, Image 1

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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