Newspaper Page Text
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om
the onion of fHK a-rVree, ANt> tad W>vckki(.nty or the status."
BY VAN NESS, BETHUNE & CLINE.
OOLOMBV81 GEORGIA, HATVItDAY, JUNE 30, 1682.
HEBi
FIFTH VOLVM&—lfVlfBEJi 7,
■fc=
IS PUBLISHED WEEKLY,
A T thru dollar* per annum, payable in ad-
ranee: or four dottars if not paid for belbte
UP end Of the year.
Advhtishekts will bo inserted at the rntea
«f seoentpfivc cent* per hundred words for the
first insertion, and fifty cents for each week’*
continuance, in all advertiseraerits, tho worda
that do not amount to an even hundiod, will be
considered ay an* bandied, and charged as such.
When the number or insertions of an advertise
•Blent is not specified, it will be continued until
ftrbid, and charged accordingly.
Sheriffs' and other Officers’ advertisements in
serted at customary rates.
Lsttcks to the Editors on business must be
post-paid; and in all cases whoro it is not done
the postage will be obarsed to the writer.
SALES OF LAND, by Administrators Exe
cutors or Guardians, are required by law to be
held on the first Tuesday in the month, between
the hours of ten in tho forenoon and three in the
afternoon, at tbe court-house in the county
which the property is situate. Notico of these
are to be given in a public gazette SIXTY DAYS
previous to the day of sale.
SALES OF NEGROES must bo at public
•action, on tho first Tuesday of the month, bo-
tween the usual hours of Bale, at the place of
public Sales in the county where the Letters Tes
tamentary, of Administration or Guardianship,
may have been granted, first giving SIXTY
DAYS’ notice thereof, in one of the public ga
zettes of this state, and at the door of the court
house where such sales are to be held.
Notice for the sale of Personal Property must
he given in like manner for FORTY DAYS
previous to the day of sale.
Notice to the debtors and creditors of an Estate
must be published FORTY DAYS.
Notice that application will be made to the
Oburt of Ordinary for LEAVE TO SELL
LAND, most be published FOUR MONTHS.
Notice for LEAVE TO SELL NEGROES
must be published for FOUR MONTHS, be-
’ibre any ordor absoluto shall be made thereon by
tho Court.
THE
WARE-HOUSE
AND
Commission Business
W ILL be continued by the subscribers un-
derthe firm of S. K Hodges St Co. who.
while they feel grateful for former favors will en
deavour to deservo a continuance of them.
SEABORN JONES,
SAMUEL K. HODGES.
On {JosstouMZKT—And will he siotd on accemao-
dating terms :
400 bids Sugar,
1120 sacks Coffee’,
1,000 bushels Salt,
COLUMBUS
14 quarter cask) Wine,
OOO lbs. Castings,
3,0001
20,000 lbs. Bacon,
4 boxes white Havanan Sugars,
5 dozen pairs Boots,
6 boxes Hats, Various qniillties,
10 bbl«. Salts,
100 pieces Bagging,
Bale Rope,
Iron, Steel, Nails,
Shoes, Pumps, &c.
Upper and Boat Leuthel,
Syrup, Sweetmeats, &c.
Sept. 17—tfr-lf
NEW FIRM.
GENERAL AGENCY
AND
L£j
eiotiff
J. S. SMITH A Co.
put noon to the coctmaus naira,
Have received a handsome assortment of
3TJKim CLOTEIHGy
coxsistino or
Black Bombnzino COATS and COATEES,
Do. Circassian do. do.
Brawn and Green Merino Circassian do.
C isinett Frock and Dress do.
Block lasting do. do. do.
ROUND JACKETS.
Block Bombazine Round Jackets,
Brown Linen and Cotton do.
Do. Striped do.
VESTS.
White and figured Marseilles Vests-,
Do. do. Vslonciu do.
Plain do. Bilk do.
Do. do. Velvet do.
Do. do. Swansdown do.
PANTALOONS.
Black Bembazino and Lusting' Pantaloons,
Do. Circassian do.
Brown and black Brochillas do.
While and brown Linen Drilling, do.
Do. Cotton din
Drab Merino Cusimcre Pants,
Db. Roan do. do.
Cord and Russia Dock do.
Fustian. do.
Linen Shirts with Rallies,
White do.
Brown do.
Linen and Cotton Draws,
Negro Clothing.
AH of which they offer Par Sale ut Tow prices.'
' iril 14-48- "
COMMISSION BUSINESS,
Columbus, Georgia.
T HE subscribers respectfully acquaint their
friends and the public that thoy have form
ed u connexion in the above business, under tbe.
name and style of
SHORTER, TARVER &C°
They have commodious and extensive arrange
ments in progress for the reception and storage of
produce, and will be prepared to make advances
on the same while-in store or under shipment to
New Orleans or New York.
F...S. SHORTER,
Bf.NJ. P TARVER.
May—10—1 JAMES II. SHORTER.
Shoe -L- Stoire.
„ Ei WELLS A C«
H AVE removed to the Brick Building next
door above Wm. D. Hargrove’s, in Broad
Street, where they offer for sale, on reasonable
terms, ..
Roots AND SHOES
of every description, of their own manulhcture,
consisting of
200'pairs gentlemen’s Boots
300 do. calfskin Shoes.high and low quarter,
100 do. calfskin Pumps,
J dof buckskin Shoes,
do. sealskin Pumps,
do. Brogans.
300 do. course Shoes,
Ladies’ prunelle Boots and Siloes of various
kinds, ‘
do. Morocco Shoes,
do. ealsklh do.
do. CulfBkin do.
do. Leather walking Shoes and Boots,
Misses and children's Bools and Ehoca, of every
description. .
N. B. All .work of their own manufacture,
warranted not to rip.
July 2—7—If
CL W. DILLINGHAM;,
HAS FOR SALE
-g BARRELS prime pickled Fork, put
JL up under inspection at Cincinnati,
20,000 lbs. Bacon.
50 hbis. Mackerel,
100 do New Orleans Molasses,
60 do Western Whiskey,
200 do New Orleans, Shgar,
60 do low priced Sugar,
200 sacks Liverpool ground and Turk's Isl
and Salt,
160 bolts Brown's celebrated Kentucky cot
ton Bagging,
100 sides upper Leathcf,
3,000 lbs. sole Leather,
80 coils bale Rope,
6,000 lbs. blue grit Grindstones.
May 10-1
Columbus, April 1
-tf
NEW SUPPLY.
GROCERIES
AT APALACHICOLA, .
T il E subscriber has jost received per schoon
ers Mary, Hannah urid Elizabeth, and Erne-
lfee, from New Orleans, the following groceries:
IID.OOO lbs. Bacon,
50 barrels Pork,
50 do Whiskey,
15 lihds. prime New Orleans Sugar.
30 bbls. Rum,
150 casks Nails, {assorted,)
50 bbls. Floor,
100 coils bail Rope,
100 pieces Kentucky Bagging,
30 coils Manilla and tarred Rope,
(i pipes Cognac Brandy, and Holland Gin,
^ 60 sags prime Uavunna Collec,
85,000 best Havanas Segura.
The above, together with his stock on hand
is the best assortment ever offcied in this market,
ail of which will be sold low for cash or approved
paper. C. E NORTON.
Apalachicola, May 10—1—-tf,
WM. P. MALONE.
H AS token the store next door to Smith &
Morgan, second from L. J. Davies & Co.
comer of Broad and Randolph streets, where lie
has jast received (eight days from Now Oileuns)
a general assortment of
GROCERIES.
100 bbls. Sugar,
50 bags Coffee,
300 sacks Salt,
100 pieces cotton Bagging,
50 coils Rope,
50 bbls. Whiskey,
20 do. Nortbern Gin,
20 do. P. Rum,
50 do. Molasses,
10 do. old Monongahala Whiskey,
1 pipe Cogniac Brandy,
1 do. Holland Gin,
30 bbls. Mackerel, No. 3,
10 do. do. No. 1.
20 do. superfine Flour,
75 casks Nalls,
12,000 lbs. Bncoo,
TeneriffeWinc,
Malaga do.
Muscat do.
Claret do.
Cordials, Lemon Syrup,
Raisins, Soup, loaf Sugar,
Rice, sporin Candles, Tobacco,
With many other articles in his lino, which will
be sold on accommodating terms.
Columbus, Juno 9—4——if
SHORTER, TARVER & O
H AVE received by the late arrivals the fol
lowing goods an consignment, which they
offer on favorable terms.
55 barrels choice Cider,
30 boxes Newark pippin do
70 barrels Cincinnati Whiskey,
60 barrels N. Orleans Molusses,
12 hlids. Bacon,
20 barrels pickled Pork,
10 drums Pigs,
6 boxes Havannah Segars, Del l'ino celebrated
manufacture,
50 boxes Virginia and N. Carolina Tobacco,
5 quarter casks Malmsey Wine,
150 sucks Balt.
20 cases Leman Syrnp and Lime Juice,
. 30 barrels Sugar,
Barrels Irish Potatoes,
20 sacks prirno green Coffee,
5 barrels genuine Monongahala Whiskey,
12 potentbarshear Ploughs, made by E. Parsons
Enfield, Connecticut,
Cognac Brandy, together with a variety of
other articles.
May 19—1
■ COLUMBUS
HAT STORE.
M, M. M
NOURSE A CLARK
H AVE received from the Factory by the lute
arrivals, ’
Hats of the latest fashions,
—CONSISTING Or —
Black t White and Drab Roclcy Muua-
taiwBtavcr and OtUr
HATS,
Qf a very sdfcerior quality, making their assort
ment extensive and complete.
—ALSO—
CAPS,
Consisting Of Seal. Leathor, Chinchilla, Circa*
nan add Children’s fancy silk.
READY-MADE CLOTHING
D-T Cash paid for flatting - * r *-
Feb 17—iftg-tr
POWERS A NAFEW j
A RE now opening their assortment of Goods
lor the Spring and Sonmatl, consisting of
paper bine, Mach and brown Cloths, Linens,
Printed Madias, Calicoes, Ginghams, Bilks,
Fancy Shawls and Scarfs, Ribbons. Bond Bags,
Glove*, Ac. Also, Ermiaotts, YsllnW Nankeens.
Black Princetta, French Linens and Drillings,
,tc. for gentlemen’a wear. Black and Drab
Beaver Hats, superior quality.
Ready-made Clothing.
Columbus, March#—*>
ON CONSIGNMENT,
and for sale by
SHORTER, TARVER A Co.
41 piece* Circassians;
3' “ Superfine Bomba?,etts, assorted;
82 “ Fancy Prims, do.
68 “ Plaid and S tripod. Domostios;
3 “ Negro Cloth (woollen;)
7 “ Sattineti;
3 “ Fustiuns;
32 doz. blue, purple and red Plaid Hdkfs.
1 10 12 do. French Britannius do.
2 6-13 Britannias do.
1 do. do. do.
2 ps. Indelible Ink, . •
24 Leather Cups,
1 ps. 6 4 Table Diaper,
4 11-12 doz. Pocket Bookqg
2 ps. sup. bluest Crapp;
6“ Swiss 'Bitok Muslin;
2 “ Tambour’d Book do.
7 >• •» Leno do,
2 “ superfine Merino Cloth;
4 superfine Green Table Covers
5 ■ do. blue do.
3 ps. Velveteens;
19 Coverlets;
1 doz. Cambric Hdkfs.
2 “ black silk Gloves;
1 8-12 do. white do.
GROCERIES
20 bbls. Prime Pork;
9 “ Mackerel No. 3;
4 “ do. No. 1;
1 pipo American Brandy;
4 qr. casks Malaga Wins;
2 do. Teneriffe do.
I Indian bbl. Muscat Wine;
10 bbls. New Orleans Rum;
5 “ Lohf Sugar;
9 kegs Tobacco;
6 boxes Ckumpaigue;
20 “ Raisins)
6 baskets Sweet Oil; '
20 boxes Cider;
8 ** Segars,, first quality}.
5 “ Sperm Caudles;
12 " Smoked Herring,
10 bags Coffee.
All of which articles will be sold by whole
sale and on accommodating terms. Mer
chants from the country would do well to
call and examine for themselvei,
done 8-"4*~tf
new jnroRE.
J. S. SMITH A O
H AVE commenced business in this place,and
taken the Store next door to the Columbus
Bank, and offer foi sale a handsome assortment of
Dry-Goods, Clothing,
Hats, &c.
AHOSO WHICH Aftl THE FOt-LOWltfO:
Rich Prints, French Drilling
Foulard Muslins, London do.
Whito do. White silk Pongea
Irish Linens nod Lawns Hdkfs.
Whito Cambric Linen Fig'd do. do.
Hdkfs. Gentlemen's white and
Bordered do. fig’d Cravats
Berage Shawls Marble half Hose
Crape Scarfs White do. do.
Do. Shawls Lambawool do.
White and black Lace Clark's Spool Cotton
Veils Pins and Needles
Green Gauze do. Patent Thread
Black Italian and Gros Shoe do.
de Nap Silks Cotton And silk Umbrel-
Fig'd cbangeables do. las
list, ami Clinton Cranes Bonnet Wire and Reeds
Bl’k fig’d Crape Robes Osnaburghs, Fustians
Ginghams Bed Ticks
Foiniture Prints Brown 3-4 Homespun
Ladiuswhitesilkcloclc’d “ • 4-4 do
Horn Check'd do.
Cotton do. do. Carpeting Ruga
Shell, tuck and side Creep Table Covers
Combe and stamped Baize
Brazilian do. Dunstable Bonnets
Binding, &e. ] case fine Leghorns. d:c.
READY-MADE CLOTHING
HATS, «rt. .
As wo intend aelling for cash, purchasers will
id our prices low. J. S SMITH St
find our prices
Columbus, April 6^-47—tf
. Co.
ftruffrils.
fjnHE Subscribers have just received ahd <>f-
M- fer for sale, upon accommodating terms, the
following articles:
bushels ground Alum Salt,
VF® " 20,000 lbs. Swedes Iron,
1,000 lbs. Coat Steel,
1,000 lbs. German ilo
1,000 lbs. Sheet Iron,
500 Russia Sheet Iron
1,000 Hoop Iron,
200 bbls. New Orleans Sugar,.
8 hbds. St. Croix do.
150 bags Green Coffee,
10 bags Java do.'
40 bbls. best Flour,
50 boxes Soap,
24 doz. Lemon Syrup,
6 doz. Wino Bitters,
400 lbs. solt shelled Almonds,
30 kegs Dupont's Powder,
20 kegs common do.
250 kegs Nails, assorted sizesy
120 bbls: Molasses,
8 bbls. Loaf guar,
40 boxes Sperm Candle*,.
15 bbls. Northern Ram,
20 bbls. Mackerel,
350 piece* beat Keatackv Bagging,
125 coils Rope,
20,000 lbs. Bacon.
Together with diver* other articles, const!
toting a fell assortmeut of Groceries
SMITH tMURGAN.
From the Richmond Enquirer.
THE SWEEPING DOCTRINE.
“To pay i he debts of the United States
was the first of the jects for which, by
the Constitution of tho United States, the
power to lay and collect taxes, duties, im
posts, and excises, was conferred upon
Congress—to provide for tlio common de
fence and general welfare, tvfts the second
objact; and those expressions, broad and
comprehensive in their iriipurt, far from be
ing without meaning in the imectionof the
founders of the Constitution, embraced the
great purposes for which tho Constitution
itself wns formed. They ate introduced
in tliat^. solemn preamble, by which tho
whole'people of the United States, speak
ing in the first person, 11 We tho people
of the United States'' announce the grout
purpbna for which they do ordain ahd es
tablish this Constitution: they nre empha
tically repeated in the eighth section of
the first article, containing the grams
to Congrgss of power, and they are not
only grants of power, but trusts to be ere-
cuted—duties, to be discharged for the
common defence and general welfare of
the Union."—[Mr. Adams’ Report on
Manufactures,]
Wo have this morning, a very import
ant letter of Mr. Madison, to lay before
: our readers. The hiktbfy of it is soon
told. Some, time in the course, of the
year 1830, Mr. Stevenson, the Speaker
of tho Ilouso of Representatives, being
on it visit to'SIf, Madison, somu conversa
tion took plnco on tho general phrases in
the Constitution, “the common defence and
general welfare." Mr. M. shed so much
ight, and produced so many facts, upon the
subject, that Mr. S. subsequently deter
mined to write to him and obtain his views,
for the purpose of laying them before the
public. Mr. Madison complied—hut the
letter has never been published. As soon,
however, as we had read Mr. Adams’
late report, to the House of Representa
tives, we thought the time had come,
when Mr. M’s. letter should be called
forth. A case had occurred, which would
justify its publication. It was tho dignut
vindicc nodus. The advoente who had
-appealed in favor of the contested doc-
1 trine was worthy of groat respect.—
We accordingly applied for permission to
publish tho letter, Mr. Stevenson lias
been polite enough to send it for tlie pur
pose of publication. If there he any
thing like demonstration in politics, it will
ho found >» thin letter. It completely
overthrows the heresy which Mr. Adams
lias advocated in his Report:—
MR. MADISON'S LETTER.
Montpelier, Nov. 271A, 1830.
Dear Sir: I have received your friendly
favor ot the 20th inst. in which you refer
to a conversation when I had lately the
pleasure of a visit from you, in which you
mentioned your belief that tho terms,
common defence and general welfare, in
the 8th section of the first article of the
Constitution of the United States, were
still regarded bv some as conveying to
Congress a substantive and indefinite pow
er, and in which I communicated my
views of tho introduction and Occasion of
the teims, as precluding that comment on
them; aud you expressed n wish that I
would repeat those views in the answer to
your letter.
However disinclined to the discussion
of such topics, at a time when it ia ao dif
ficult to Separate in the minds of many,
Questions purely constitutional from the
party polemics the day, I yield id the
precedents which you think 1 have im
posed on myself, and to tho consideration
that without relying on my personal re
collections, which your partiality overval
ues, I shall derive my construction of the
passage in question, from sourcos of in
formation and evidence known or acces
sible to all, who feel the importance of the
subject) and are disposed to give it a patient
examination,
In tracing the history nnd determining
the import of the terms "common defence
aud general wolf.iro," ns found in the text
of the Constitution, the following lights
are fttrnished by tho printed Journal of the
Convention which formed it.
The terms appear in the general pro
positions offered May 29d), as a basis for
tile incipient deliberations; tho first of
which " Resolved," that tho articles of the
Confederation ought to be so corrected
and enlarged, as to accomplish the objecis
proposed by tliuir institution, namely:
“ cotamon defence, security of liberty,
and general welfare.” On the day fol
lowing, the proposition was exchanged
for "Resolved, that an union of the Stales,
merely federal, will not accomplish the
objects proposed by the urticles of con
federation, namely : common defence, se
curity of liberty, mid general welfare."
The inference from the use here made
of the terms, and from tho proceedings
on the subsequent propositions, is, al
though conuuou defence and general wel
fare were objects of tho Confederation,
they Were limited objects, which ought tu
be enlarged by an enlargement of the par-
\ ticular power* to Which they wero limited,
*and accomplished by a change in the struc-
ure of the Union, from a form .merely
federal, to one partly national; and os
these terms are prefixed in,the like rela-
ion to the several legislative powers in
lie new charter, ns they were in the
like limitations in tho now as in the old.
In the course of tho proceedings be
tween the 30th of May and the') Olh of
August, the terms "common defence, and
general welfare,” as well aa other Equiva
lent terms, must have been 'dropped, for
they do nor appear in the draft of In Con
stitution reported on the day, by it Com
mittee appointed to prepare one ut detail;
the clftOse in Which these terms [were af
terwards inserted, being id tho dfaft, sim
ply “ The Legislature of the United
States shall have power to lay ahd collect
takas, duties, imposts and excises."
The manriur in which the terms became
transplanted from the old, into the new,
system of Government, is explained by a
course somewhat adventitiously given to
the proceedings of the Convention.
Onthe Iftlk of August, among other
propositions referred to the ^Committee
which had reported the draft, wns one
“ to iecure tlie payment of tho public
debit" and,
O n the same day, was appointed a C«ta-
htittee, of eleven members, (one from each
State,) " to consider the necessity and ex
pediency oftAt debts of the severed States,
being assumed by the United Slates."
On the 2lsf of Augusr, this last Com
mittee repotted a clothe in tho words fol
lowing : " The Legislature of the United
States shall have power to fulfil the en
gagements to/tich have been entered into
bv Congress, and to discharge as well tho
debts of the Unitod States, as the debts
incurred by the several States, during the
late war, for the common defence and gen
eral welfare;" conforming herein to the
8ih of tlie articles of the Confederation,
the language of which is, that “ all charges
of war, and all other expensos that shall
be incurred for tho common defence and
general welfare, aud allowed by the Uni
ted States in Congress assembled, shall ho-
dufrayod out of a common treasury," &c.
On the 2?d pf August, the Committee
of five reported, among Other additions
to the clause giving power “ 10 lay and
collect taxes, imposts and excises,” a clause
in the words ibllowing: " for payments of
the debts and necossary expenses, with a
proviso qualifying the duration of the
Revenue Laws.
This report being taken up, it was
moved, as an amendment, that the clause
should read, 1 the Legislature shall fulfil
tho engagements and discharge the debts
of the United States.'
It was then moved tb strike out'dis
charge the debts' arid insert * liquidate the
claims,’ which being rejected the amend
ment was agreed to as proposed, via
1 tlie Legislature shall fulfil the engage
ments nnd discharge the debts of the Uui-
tod States.’
On the 23d of August the clause Was
made to read,' the Legislature shell fulfil
the engagements and discharge the debts of
tbe United States, and shall have the pow
er to lay and collect takes, duties, imposts
and excises,'tbe two powers relating-to
taxes and debts being merely transposed.
On the 23th of Angusl, tho clause was
again nltered so as to read ' all debts con
tracted, and engagements entered into, by
or under the authority of Congress, (the
Revolutionary Congress] shall be aa valid
unde'r this Constitution as under the Con
federation.’
This amendment was followed by n.
propositiob referring to the powers to lay
and collect taxes, Acc. and to discharge
the debts [old debts] to add ‘ for payment
of said debts, and for defraying the ex
penses that shall be incurred for the com
mon defence and general wtlfure. The
proposition was disagreed to, one State
only voting for it.
Sept. 4.—Tbe committee of bleven
reported the following modification—
* The Legislature shall have power to lay
and collect taxes, duties, imposts and ex
cises, to pay the debts and provide for the
common defence and general welfare,'
thus retaining the terms of the articles of
Confederation, and covering by the gener
al term ' debts,' those of tho eld Congress.
A special provision in this mode could
not have been necessary for the debts of
the new Congress. For a power to pro
vide money, and a power to perform cer
tain acts of which money is the ordinary
and appropriate means, must, of course,
carry with them a power to pay the ex
pense of performing the acts. Nor was
any special provision for debts proposed
till the case of tho Revolutionary debts
was brought iuto view; and it is a fair pre
sumption, from the course of tho varied
propositions which have been noticed, that
hut for tlie old debts, and their aisocin-
lion with the terms ‘common defence
und general welfare,' tho clause would
have I'i'tnained as reported in the first drafts
of a constitution, expressing generally ’a
power in Congress to lay and collect taxes,
dutiori, imposts and excises,* without any
uddition to the phrase ‘to provide for the
rnmmrm ripftnnrA and frf*n«ral tvalfarA *
common defence and general welfare.
With ibis addition, indeed, the language
of the clause being in conformity with
that of the clause in tbe articles of Con
federation, it would be q>Mlified, ns in
those articles, by the specification of pow
ers subjoined to it. But there is sufficient
reason to suppose that tbe terms in ques
tion would not bave been introduced but
for the introduction of the old debts, with
which they happened to stand in a fami
liar though inoperative relation. Thoa
old, they most be etxlersiood to be muter i introduced, Uowover, they passed nndis-
lurbed through the subsequeot stales of
the Constitution.
If it be asked why the terms ‘common
defence and general welfare,* if not meant
to convey the comprehensive power which,
taken literally, they ekprets, were net
qualified und explained by some reference
to the particular power subjoined, the an*
swer is at hand, that although it might re-
aily havb been at>ne^ and experience shows
it triipht be well il it had been done, yet
the omission is accounted for by an ina -
terition to the phraseology, occasioned,
doubtless; by its identity with the harm
less character attached to it in the instru
ment from which it was borrowed.
But ihSy it not be asked with infinite
ly more propriety, and frithout the proh
btttty of * satisfactory ahswer, why, if
the termi were meant to embrace not onlv
all the power# particularly eftpressod, but
the indefinite pttWeV Which bus boen cla-m-
ed under them, the intention was not *d
ueejuredy why on that Supposition so much
critical labor employed in enumern-
ting the particular powers and in defining
and limiting thsir extent t
The variations and vicissitude* in the
modification of the clause in which the
terms "common ’defence arid general wel
fare’ Appear, arc' remarkable; and to bri
no otherwiso explained than by differen
ces of opinion coffrerritag tlie necessity
or the form of a constitutional provision
for life debts Of the Revolution; Xonio
ot the members apprehending improper
clainis for losses by depreciated hills of
credit; others an evasion of proper claims
if liot positively brd’Oghi Within tho au
thorized functions of the new government)
ana Others rigitfn considering the past
debts of the United Stales as sufficiently
secured by the principle lhai no change
in the government cotlld change thri 0b-
ligfttioiti of the natibn. Besides the in
dications tti the Journal, the history of the
period eanctiona this expUbation.
. >1 i* id be emphatically remarked)
that In tbe Ynhltitude of motions, proposi
tion* end amendments, there is not a tin-
glo one having reference to the term!
“coriurion defence end general welfare,"
unleis we are so to underitand tbe propo
sition containing them, made in August
23th, which was disagreed id by all the
Slates oxcept one.
The obvious conclusion to Which we are
brought, is that these terms, copied frort
tbe articles of Confederation, were re*
garded ua the new, as in the hid iriktiu-
meat, merely as general terms, explained
arid limited by the subjoined specifica
tions, and therefore requiring no critical
attention or atudied precaution.
If kite practice Of the Revolutionary
Congress be pleaded in opposition id this
view of the base, life plea i» met by the
notoriety that od several accounts the
practice of that body ia riot the expositor
of th’d “articles of Confederation."—
These brticles ward riot.In fpree till they
were filially ratified by Maryland iu 1781,
Prior to that event, tile power of Con
gress was measured by the exigences of
the War, and derived iu sanction from tbe
acquiescence of the Stated. After that
event, habit, and a Continued expediency,
amounting often to a feat or apparent ne
cessity, prolonged the exercise of an un
defined authority) which-Was th‘e more
readily overlooked, aa the members of
tbe body held their seals during pleasure,
aS its aett, particularly after the failure Of
the Bill* of credit, depended for tbeir ef
ficacy on the will of the States; and ns
its goneral impotency became manifest.
.Examples Of departure from the prescri
bed rale, are too well known to require
proof The crise of the old Bank of
North America might be cited ax a memo-
cable one. Tho incorporating ordinance
grew out of the inferred necessity of such
■n institution to carry on the war, by aid
log the finances which were starving un
der the neglect or ietbilify of the States
to furnish their assessed quotas. Congress
was at the time So much aware of the de •
ficient authority, that they recommended
it to tbe State Legislathres to past lewd
giving due effect to the ordinance, which
was done by Pennsylvania sod several
other Slates.
Mr. Wilson, justly distinguished for his
intellectual powers, being deeply impres
sed with tbe importance of a Bank at such
a crisis, published ■ Small pamphlet, en
titled “considerations on the Bank of
North America," in which he endeavor
ed to derive the power from the nature of
the Udion, in which-the colonies were de
clared and became independent States!
end also from the tenor of the “articles
oil Confederation" themselves. But what
ia particularly worthy of notico, is, that
with all his anxious search in those erti*
cles for such a power be never glanced at
tho terms ‘‘common defence and general
welfare," as a source of it. He rather
chose to rest the claim on the recifel of (bn
text, “that for the more convenient man
agement of the general interests pf the
United Statps, Delegates shell be annual
ly appointed to meet in Congress, wbicb
he said implied that the United States bad
general rights, general powers sod gene
ral obligations, not derived from any par
ticular State, nordhim all the particular
States, taken separately, bet “ resulting
tntm the Union ot the whole |" those gen-
crttl powers not being controlled by trie
article declaring that each State retained
(Goneladed on Idslpafe^