Columbus enquirer. (Columbus, Ga.) 1828-1861, June 30, 1832, Image 1

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k 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^