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.-- . I— I■ mm I" ii■ ■ - - - -I I .. - - - ■ B 1— -maam ■" ■ T~- ' I"!.- jr —MM ME • -r -7.-'-' I j,vi ’sr* -* - ■ *»''"■" ■ ■■■ ■ 1 '■■ ■ "*■' -'"— ' hwmW ■- '«u .11 * ' "" i" —■■ hi i i ■an ij—m ■■■iiTio —iTgn i~ i iht in 11 • ■ -n» r m—r- h a - ~i -jt t t I_~~ * '" m —— ■..- ■■ ■■— - .... ■imkiwmi i ib»bpw»^—hi *i BY GHEI A: BOCE. Ai’fitST.l, G.l. TIESBAY, JIYE £f>, SSSS. TOL. X NO. I. THi: COXSTI'EI TIOXAL.IBT, I 1. !■ - U«-<l rvcrv Tiii'idn}' nn l ITida), IN M;.-INTO: ; n STKEET, i th noK:i.v-€•-* w;:;u o: Broad-Strcc'. - • 2TIAZ), by -1 dn r., ‘rst'-r*, or finer. . arc nTed. * : i<t>r, tu be he'd on (he firgt Tar*, c I tv. • onth, leUtren tL hou .-.- of ten in thef ar / .c .T hirrf i/i ?.Vr cfter noon, at the Court. House ,n ■ -j hkh t heproperty • • situate.—Notice of ■. • sr.lt kmv be p iren in a public Cazctte SIXTY b ; -S’ ftxioar to the day <f 'a’e. '• EC ROES 1 ■■::'! be at public auction, on th* ’•» m'.ajof the mouth, between the utuiu ' hours of ' if f place of public .-a'fs in the county vrhere\ '■ U’tcrsTe tamintar 1,. o f A-hu 'ni ‘ration orOnar. -y L:t>c ftcc/i g> u ’d» - hjr.rt giving SIX TV X * - i Y t hereof , ,'j one o f the public (JozitUs cf t afr. a 1 at the dour of the Court-House, uhcrc ” - ' c/t to held. !• r the see of P‘ rrenal Property mvtth given in I i rrr, FORTY day*precious to the day of rale, i -*• : ‘he Debtors and torn of an 11-tat must I ’’ >f-r FORTY day u [ !■■■(■' ' ' : f rj ] 1 ■ cation tciii Ic made to the Court t f Ord:- L ' hate t" srli LAND, mv t be puOitthed for I l s Hi MONTHS. •* ' r letjx,* to cel NIK: POPS, must hr published fir. ■ i I R MONTHS, before any order absolute shall be I ra lr lirrcun by the Court. I 1 ■ out /.. Richmond 1, - utier. | I The Supfpid ; DorMiiP. 'To ; - .y th« - jt- o! the U ited Stutes was the first u. >. < ;i- lor ’-vh:, h, by tlie Constitution>.l ;:;e L : :.;ua; . • puwtT to iay u;.J collect ta.x«?, aulto, iuu- I , . exci-es, i .nt*.rr<.d up on Congress—to i c the common di icnceuno ponoral weiiarc wasj ... object; nnd these ex; :o.snions, broad and -.•c.a- I .tn •■!•. i. in their unr-oit, tur irom being without imiuru t- 1 tuju <n c>; the founder.-; c-f the Constitution,' t - ■ •<• ■ the Rrtat purj -:cs ior which the Constitu: m it- ■ o.’ Jiii.cJ. I'hoy are introduced in tii it f-cd- innj 1 1 c by which the whole I‘eopie of the C. Stau-.5,; *1 gin the fi ex m, “We the People ol the U*| sot. ui.n-.Min. the -, :e t purpose for which they do; ■ t a i this CHi tution; tiiey are emphatui ■- eighth eection ol the first Article, I t • Cungrci ofp )W€l; and t hey are I t tad-, w -a.it, Jpo rir, bu: trusts tube executed—duties c J / the o dtj net and general ice.-j / the i /..a.;.”— Ar. Adame'* Report on ManuJacß t . £<• V.'c imve this momi.i- a very important let * ; o. Mr. Madison to lay before our r aderu.— i !,o i-ibtoiy of it id so-.-n told, fuome time in t o uou.s ol tuc }ear IS 10, air. Stevenson, the; r o the H. of R , being on a visit to Mr.l j .-.a. -son, home conversation took place outlie! I« hid phri ib in tiu Constitution, the com-: V o.i defence mi I general welfare.’'—Mr. M. i mac - ligat, anti produced so many new hv v, upon the s bjcct, that Mr. S. subsequent.! i} 1 ■*.■:linin'-• to rite him, und to ol tun ids' vie\ ;, foi the purpose oil .ylng tium be lore ti e; i'. ...c. hir. Madison c omplied—bt.t the letter i ' • v '*r >' t l-ei n pul.-! sued.—As coon, how-' v *« bijd road .Mr. Adams's late Report, 1 House ol R pr< scntylivc s. we thought the ‘ ‘**>d com--, wiien Mr. M s letter should be 1 ... 1 Ibrtl.—A earn lia-; occurred, which would 1 ; only i* jiublication. it w. s the s'zgntis viadieu 1 A lv< cate w; o had appeared in fa-j • • tne contested doctrine was worthy of 1 i> pect. \\ e iiccoi\;m_iy t pplied for per-1 ■ ... .on to pu! lit * i ■ lie letter. Mr. Mover, son has ; to enough I Jen !it Ibr the ; irj --■ . g• be any thing,£ ■ ...... • 11 J’<- ■ t ee, it \u;l b< • found in tins letter. J a', campleteiv overt!.rows tiu- heresy, which Mr. .huauis la-s advocated in 1 s K p -i t ; . > ••• .i • 27 th y 1330. Anat* Sir : 1 have received your ftieu hv A vor of tlie- 2Uth instant, in which you refer to a* ' !l when Ih« II Uiy the . k-asureofa Ri.ut i ; oin \oj, in v. aici you mentioned your be-j ptttl that the ... ....j common defence and gene-1 I .. \vi_lfar**, in the Sth section ol t.-ie first article! I . the Constitu ion of the Unite 1 States, were; still re • . muo as conve3*ing to Con-j .i su»»s tan live air- iadetluite power; and in ■•cch 1 communicated my views ofihe intro i-n n i ccu.3; ju o. tae terms, as precluding* ■ ■ ■' °n them; and you expressed a V •» ■ tout i would repeat taose views in the an iwcr to your letter. However uisiuclined to the discussion of such rs, at a time >\ !ten it is so cinncult to st-pa-, r-t e in tne minds oi many, questions purely con .ti'ut.on d iro.n tne party polemics of the day, I yal-1 to the precedents widen you think 1 have inner-. . on uiyseii, audio t ic consideration that without rciyuig on my persona! recollections, vhich your partial ty overvahu s, I si.ail derive v. con. • ruction ol t..ep t ss igeiu question, from ource ol information and evidence known or ;cceeSible to aIV who feel the importance of tlie p : ;cet. and arc ui-roeed to nive i: a p itie-nt ex [ imination. in traetng the history rn -e erminhm t3ie ini ru-rt of the terms -common defence mid general well 11, as found in the tc_\t ol*th .: : . n, *.e ililowm lif,iits ur ■ lunuahei by the i ivni a Jouru. lat t'.v Convention which lormed it. Th. terms appear in the general preposi ions r> ‘u T- - . luV 1 !• LeiSiS tor t..v 1; 1 v IpiClll ciA liberaticrii ; tlie first c:' which Ruijived that tarticles ol tac C •nfeuemtioa ou Jit to bo s) corrected and enlarge 1 as to accompli* it e ob •>ec!s oroposed by liic r inAdut: >n, n iiu ly: com * gon Jctone . sucur.lv ol li 'criv ;.;iu gciinvil veliaVL.” U'll tile day following, the propos lion was exchanged for “ ilcsolved t uit mi uu.dii of v c States merely to ier tl v.*hl not accompli* . the object propo cd by the articles of confede rat ion, naiiiclv ; coimnc.i dcltiice. secuii’v ci liberty and gti.eraJ welfare J’ I'he inference from the use here made of the ♦er:ns, and from the proceedin .s on tlie su! se quent propositions is, alt-iou ;ii conime-u ecf nee general weitare were ebjee s o;t.:o Con tde ration, they wore limitcti objects, which ought ft be enlarged by an enlargement of the particu ; -r powers in the structure of the Union, from a form merely federal to one partly national; mi i .s these terms are prefixed in tiie like rclut!-a to the sterol legislative powers in tac new charter, as they were in the old, they must b understood to be uuier Lke limitations in the new as in the old. In the course of the proceedings betwei n the f Oth of May and tlie 6th of Au ust. the terms 'icymon defence and general welfare,” vs veil k aj_—m-- g '€ T" \ T rk>. * jas equivalent torn.s. must have be- n -irop-; ; p--d: lor tiiey do not : ppcar in the chaf. of Constitiition reported on the d y, by a Comm t be aj pointed to prepare one :tid« t hi; t u* clause 1 m which those terms were art.: u V inserted, being in the Draft .simply “The LeTslaturc of I the United Stau-s s -all have power to lay and coll* ct taxes, duties, imposts and exT, -bf’ The manner in which the terms became trans planted from t ie old. into Use new system of H - j vernment, is explained by a course somewhat ; adventitiously given tu the proceedings of the 1 Convticion. On the Ibth of arcour other proposi i;lions referred to the Comrnittee which haa re-i ported the draft, was one the pay. j m-jiit of the public debt;” tni f'nthe same day, was appointed a Committee of eleven members, (one from each £tat- ) £ - tu j; consider tlie nec<s-.;ty and expediency of to i d‘. t'-ofthc wr- rul ttutzs, being assumed by the 1 nited Stat'-s. * ,i i a the v*ls‘ of August, this last Con-mi'tee re ported a clause iu the words following : Tlie, ; Legislature of the I nited States shall havepoic-'. d tr to fulfil the engagements, w'dch hare been en-} t'.r- d into by Con ;r-ss, audio discharge as well; i.the debts of the United Utat- s, as the debts in-, currt-d by tb.o several ti tates, during t'ie lutv icar,\ I lor ti-c common defence and general icclfaref I O j _ V calhnmin < herein to the 6th. of the articl- s cf the Confederation, tire language of which is, that i|“ ail charges of war and all other expences thaii rbaa be incurred for tie common defence and! H general welfare, and allowed by the U. States iu '■Amgrrss abseinbled, shall be deirave-i cut cf a ■common treasury,” dvc. f On the 22u of August, the Committee of five i report- d among other additions to the claus J 1 givingpoieer “to lay and collect taxes, imposts f and c.ccis- s," a chmse in th.o words lb Unwin g;! i‘ loi payments or tne debts and necess :ry ex-; penuco,” with a proviso qualify lug the duration' , of the Revenue laws. Tins Report being taken up, it was move I, as an amendment that the clause should read “tlv , i • .. I 'j Legisl ituro shall fulfil the engagem.-nts and |j charge the debts oftiie United States.’’ !t was tin u move to strike out “ d;s .-barge the j debts,” and insert “liquidate the claims,” which j being rejected, the amendment was agreed to as proposed, viz : “ the Legislature shall fulfil the » n m i-meats and discharge the debts of the U., States.” On the 23d of August, the clause was madej ] to read “tlie Legislature shall fufil tne engage*j Ijnielits and discharge the debts of the U. States,; ’ an . shall have the power tv lay and collect taxes, 1 ij duth s, imposis and excisesthe two powers re-j f luting to taxes and del is bring merely t ransposed. | j On tlie 25th of August, the clause was again* ' ah., red so as to read “all debts contracted and jj engagements entered into by or under the au-j ;,thority of Con rcss [the Revolutionary Con*' Ipvss] shall be as valid under this .Constitution I as under the Confederation.” i I 'i bis amendment was followed by a proposi-1 (Ton, referring to the powers to lay and collect; ii taxes, Arc. and to disciiar.ge the deb s [old debts J j . to add “ fur pa vment of x tid debts, and for de-j fraying the exp, nc«.s that shall be incurred for. i tuc common defence and general irel'drc.” Thej . proposition was Uisagr c t- , one ft ie n’y vo-[ | tin g for it. September 4.—The committee of eleven re-j l! port d the Ibllowing modification : “ T’ne Tegis-; latnro Hu ’! have power to lay end collect tux- s,; j: duties,impos.s and exds -s. to pa y tiie debts and i provi-le for tiie common defence and general wel-: : fhre ; ’ thus rot.filing the terms oft.ie articles of! Confederation, und covering by the general t -rmj I; “ debts” those of the old Congress, i j A special provision in thus mode could not have j been tie tessary for the debts of tiie new Congress; 1 ‘ Tera power to provide money, and a power to peif -i m ce*rt;.in acts of which money is the erdi-j :■ nary and :•pj •: opriutc means., must, ofcourse, c ar-; ry with them, a power to pay the expense of per- j •j forming the acts. Nor was any s| ccial prov-s --• i i >n for debts proposed till the case o, the Revolu-1 ticiuiry deb s was brought into view ; and it is a| ,| fair presumption, from the course of the varied! j propositions which have been noticed, that but | for the old debts, uni their association win the t rms “common defence and gen .rul welfare,”, the clause would have remained as reported in the first draft of a const! ution, expressing gene-. I rally *• a power in Congress to lay and collect taxes, duties, imposts and excises;” wit hou* any ( addition of the phi as* “to provide for the com . mou defence and gen- ral welfare.” "With this J addition, indeed, the language of the clause be* • ing in confornii:y with that of the clause in the articles ol - Contederat;on, it vvou! I be qualliied, as tin se articles, Le- »de specification oi'powers j subjoined to it. But t.-erc is sniucieut reason to . suppose that the terms in qur s ioii would not f h ive been i- trodu-.-ed but for the introduction of the old debts, w ith which tin y happene 1 s o j .st uid iii a funiliiir though inoperative n ;. lion. ({’lhus introiiu el, however, they pass 4 unriis ; turbo i through the 5 it-sequent st ! rev of the Col . | s itntion. ► j IT i: bo rs'.ie 1 whv the terms “ common de- i 1 11-nce aiii general w. I are/ if no* meant to “on* . vi-y the coiiiprelisnsivc j ewer which, t ikcn li'e . | rally, they express, w re nut qualified and ex ■ p' i-c I by SDiti - r fciciieet * .he parlicul: r pow i* or Siib;oint‘l. the answer is at hand, that al f 11 ion Jn it might c >s !y have b*vn done, and cx- TK*ri-.-nceslicws it i h.h* be a. ell f it hai been .ildoip . yet tin* oin ssiou m accounted for by • n m • ‘attention to the phi sol >gy, ocot.s’.one : , dou t* Lss, by its i ientii) -v. iri tse harmless ch iracn r ’i a tachod t j i in the instrument from wh.ali it v. s burr uwed. f\ Rut may it not le asked vri’h irfi itdy ivwr? J!pro; riety, eu-i wirl.out the p --.li; t ; c: a oAri y,fa*;o*y answer, why. if the tori;,* v.ar- ir.e„nt |to einbra:e n .t only ail the pov.ers par i ulariy .| t Npivsi.-d, but ‘he ini-‘finite p.-nver \ihrih has .’{be n claimed un mr ihc?n. the int-m iavv - no: j so deal a red ; why on that supjrosi i* n so nau d c; t.cal labor was employee in ?n r. dig 'he par icular powers and m e.ofinmg a:: i limitmj .[ iheir extea' ? ( The variations and vicissitu i n the moiific-: - J tion of the clause in t. hich the terms “c mmon s’! de'eiice aiid general welihrc” appear, ar- re l,j markaciv; mm ic be uo ciherwise cxplaine 1 rir.zux ■_ .-C_ • n:ha:i Ly di'tcronccs of opinion concerning th. J i necessity or the lb:, a of a constitutional pfovis •;i ibr tiie deb s •„.* he R-.-vriunon; some oftl. rtnbers appreh ndiug improper claims for loss sby de -rvci t i hi!la of credit; others an c-v; - ic ; of pre er claims if not positively brought; within tlie au'horls.-l functions of the new gov-. ; ;n n- n ; and of., r.-. .grin c-nnsi-de-riii.T the past, ieb s of the Lnirci T: t s as v uTlciently secur ed by the principle ..hat no change in the Gov-j je a-nent coaid chan.re the obligariciis.ofthe na ; tion. Besides the in- iiaation.3 in he Joam 1, the a ory of the p rio i , notions this exjiianatioa. j Bug it is ;o be emphatically remarked, that j iu the mulritude of morions, proposi ions and :i arnendmen's, there is im a sin ri..- one having! ■ reference ‘o he terras “common defence and j general welfare/’ unless we v,vre so to under s an . tlie proposttiou ccn ainin r. them, made on August 25. h, which was disagreed to by all the •S at s except one. The obvious conrius'on to which v.*e are brought, ;s : that these terms copied from the ar-j • ticl-.-s of Coafcder.v ion, were regarded in the i jinew, as in the ell i..s rument, merely as gene ! ral term?, exph-. nod and limited by die subjoined • aercilkarlons, and therefore requiring no criti j'cul a tention or s u ied precaut.cn. If the prueties cf the R-evoludonary Congress be pieadod in epposi dun to this view of tne case, | ; the pi-.a is me. by the notoriety that on several j ■ accounts .iie tas tee el list body .s not -.he cx» j peanut o: hu (< articles of ConfederAion.” These; Tracies were not in force till they we e finally' lamred Ly . -,t.rj lanci in 1: el. terror tu that I event, the power of Congress was measured by the exigencies of the war, and derived its sunc-i j t.on from tiie acquiescense of the States. As-i ter that even , habit, nd a continued expedi-! i ciicy, amounting ofento a real or apparent ne- j i ct Sidy, prolonged, the exercise of an undefined; I au hurry, whic.. was tne r..ore readily over-1 1 iuo; ed, as :he raembe*; aoi tiie tody held their j seats curing pleasure, as i s ac.s, particularly i after the failure ci —s Lriifj of credit, depended j !;for their einc-my on the \vi:i cf tlie f/a; and, ;as its general Imv.-otency became mauiris-. Lx-, 1 am, .vs « iepatyure from the prescribed rule, ar-aj i too Weil kao'vn to require proof. The case of ! t ic old Dii. k of.North America mhrht be ci.cd s a memorable one. The incorporating ordi nance grew out of hie inferred necessity of such 1 j au ias nation to carry oa the war, by aiuin.r the finances winch were starving under the neglect; i or inabili’y cf he u.a‘ s o famish their assess -1 •ed quotas. Co .gross was at the time so much : j iaware of the de-ficien: ou.ho.ity, that they re ■ iicncea n ..O .lie o; c. cg.ii.w, Ui?is to pass flaws giv.ag due eiiect to the o. cine nee, winch' j-was Cone t-y iTnnsylvuiiia and several other • j O t ei -il2t Mr. Vvilscn, justly distinguished for his Intel-1 lec.ual powers, being deeply impressed with the! impor ance of a Tank at such a crisis, published |j a. email pamphlet, entitled “Considerations on : I-the Bunk of fCorth America,” in which he en- : d'jC.vored to derive the power from the nature of! j i ... , * prim Union, in which the colonTs were declared; j and beciune Independent Statesand also from thottnor cf the “articles oi Confede-raioa” them*' ! scA’.s. But what is par icularly wor.hy of no-! i, icc, in, f iat vi h ah ns anxious search in those j articles for such a power, he never glanced at i the terms ‘‘common de-ibnee and general wel* 1 faic,” as a source o. ii. lit, rather chase .o res ; tne claim on a recital m tne text, £l that tor tue j more convenient management of the general in- '< 1 tores's of the I n’ted S.at-.s, Delegates shall be ■ 'annually appoin ed to ute. in congress, which 1 : he said inn lied that the L utted Sla es had gene- j i rul rights, general powers and general obliga-1 I tici.s, not derived from any par icuiar State, uer i from all the particular Sta I *. s, r k.n separa eh*, | ! bu. “ reuniting from the Union of the wbol • ;”i 1 these general powers, no: I* i*g controlled by i the article declaring that each State re'ained all, I powers no - grained Ly the ar-icles, becai s “the* individual Slates never p-oss -ss-.d and coaid not! ret in tx gene ral pow'er over hea.hers.” The authority and argument here resorted ‘o, if prov u. the ingenuity an d pacrio ic anxiety of the au nor, on one hand, shew sufneien ly on the o her, that die :env.s “common cf.f.nce and gene ral we fibre,” could not, according io the known acccp a:ion of hem, avail his object. ’I hat ‘he terms in ques ion were not suspect ed in the Convex ion which formed the Cons’i u-, tion, oi any seen meaning os has been cons rac rively applied to .hem, may be pronounced \v i h> e .‘.ire confi ience. ior it exceeds the pcssibili yi of belief, that the known advocates in the Cou venuon ibr a jealous gr.-.nt and cau icus defini-, tion of lederal pow L ra. should have silen.ly per ivcittod tLe intToduc : *:i of words or phrase-s a in a 1 S iIA ‘ri XT IT urrilirij ITU. Z. . Tfi» a. C ICS-iiCTOIIi /. ? - linltions elabora.ed by t .em. Ccus.der far a moment hie immeasurable dif ference between the Cons itu ion, linxiie lin i s powers .o the enumcraT“ of c :-a; andexpnn!. • * k • ed as i would be by the import claimed for the ■ phn 3-olony ni ques ion. Ihe diiifrenceis equ: - a;ent o two Lena . u : ns. o. char ic ers vss n ’ t 1 v cun iLs ed vri h c-xh o her; the one \ 05- o 1 ClSoOii.nieu 0 Oel i* ..3 eCIIIcdCUS o ■ ' c ot. c.’ lxi. L..cd .o ah c- scs win. soever ; -‘or • w*h tis he o. s_- that v.ouM no? be embraced by a ■ , ner I wellare, and a power o :ss all laws • m cess ry a ii 1 prorer to c rry kesc pov, era ulo ■ execution; all sach provisions and laws ajperse u ding at the same ti all local Iws and Consti t .’ions at varnmcc wi h iheni ? Can mso be sa* .. • wi ii the ■ vulchce before is, furnished by ’he Journal of he f env a ion i srif, haa tha’: i: is - uni vssiblc tha* such a Cons itu ion as he Idritr, . wouid have been reco nmende- o the i.ates bv a., the members oi -.hat body whose iia.n--s were ■ subscribed o he ins rumen: ? Bass ny from riiis view cf the sense in which the ri-rn s, common tit ri nee and general welfare, were ust by the Fiamexs of Ihe e CLS . U 10.1, le’ us .ook for ha* iu which they mas' Luve been - tinners ood by the Conventions, or ra her by the p ople who, through their Coavcn tons accen - : e ' mid raritied in And here the ev! Tn.e is* if p-oss:ble, still more irresistible, tha: the e. : • could not have been it arded as givinc a s c. t - .o r’ede-ral legisia ion, infinJely more obiec - able, 'hail any cf ne e ocriLd powers which ■ ro -1 dueedi ichslreauou andtafisfor mSkHSOEßaismi -s .■ • -, _ >;._:. "WUVrw. j i .ndnicti's which might bo safL-rmards a<?ains* | a* daagets aypreA nded from them, j Vv i.hout r earring to the published debai- sos itho.se Conventions., which, as far t s they can h ;• ..wh on for accuracy, would, is b lieved, no; .mpa.r the evidence furnished by ihoir recorded ■. rjCwVuin s. it will siuncc* to consult the Ls sos jl viiKU linen s proposed by such of the Conventions vie cons.uered ihe powers gran ed to the Govern ment, oo extensive, or not safely J, lined. Besides the r°s‘ric ireandtxpl natory amend moats to the text of ihe Constitution, it maybe Ov-iC. • nI, vhtvv a long i.s ’-'as premises under lift; . , o JT # J name and in the nature of “Declarations oi I High.s;” all of them indicating a jealousy oij the Federal powers, and an anxiety to multi-, I ply securities agains aeons ruchve enlargement • of them: But the appeal is more pamahiriyi made to the number c.ai nature of the amend-' men's, proposed to baWno.de specific knd integral. par 3 of the Ccnstiiu.tonal text. Fc less than S'a es, it appears, concur-; ; red in adding to their ratifications, a series cf i amendments, which they deemed requisite. Cf * -hese amendments, nine wore proposed Ly ti.ei : Convention of Massachusetts; five by that of! i Sou h-Carohna; ticc/vc by that of New Htmtp. i| slnre; twenty by that of Virgin! .; td. C-three by !j -hat ci New-lork; by that of Nor h ji Carolina, t c-c?ity-one by that o; Rhode Island. liera are a majori y of the S ates, proposing 1 amviiimyn s, in one insur.ee thiry-ihree by a I single State; all of them branded o ircumscr.be t me power granted o the u e.i.rai (Jovernnv.n;, j by explanations, restrictions, or prohibitions, i without including a single proposition from a stn-j I glo State referring to the terms, common defence and general welfare; which iAmdera ood to con i j vey the asserted power, could no have failed to, bo the power most strenuously aimed at because, ; } evidcii iy more alarming in i s range, than all the. i|poweis objec ed to put toge her. And that the S j terms si.ould have passed, al ogether unnoticed '! by the many eyes which saw* danger in terms and paruses employed in-some of the most minute and jiim.ted of .he enumerated powers, must be ro !|gt-.rded as a demons.ration, hat it was taken for: granted, that the terms were harmless, becausei '' explained and limited,as ahe “articles of Con : federation,” by the enumerated powers winch! followed them. A lintc demons’radon, that these terms were ! not unders'ood in any s •nse that could invest Con gress wi.h powers no* otherwiso b. s owed by the Caarter, may bo found in what p- ssed m die firs s.ssion of the firs. Congress, 'I when the subject of arnenimen s was taken up, i; with the conciliatory view cf treeing the Con s. ion Irom objec ions, which had been made to tr.e extent, of its powers, or to the unguarded terms employed in describing than, Not only! were the terms “common defence and general j; w-.fibre/’ uuno.iced in the long list of amend- i ■mien s brought forward in the outset; but thej ii Journals o. Congress shew drat in the progressi oi the (Lsv-ussions, not a single proposition wasj made in either branch of the Legislature, which; || retell ed to the phrase as admitting a cons ruc-i t. enlargement of the granted powers, and re-1 q mag anamendman* g a ingagainst it. Such: a lor be ranee and. s L nee on such an occasion, i ■jand among so many members who belonged to .he part oi the nation which c died for explaua-1 tory and res ric ive arneudmen a, nud who Lad been elec ed as k io-.vn advocates for thorn, can no. m accounted ior, without supposing that tho tern s “ common defence and general welfare,” j, were no: a: that time deemed susceptible of any jU-wii co—; i uCnon .vs !..■ ,s s.nce been applied to ‘ them. It may be thought, perhaps, due to the subject, to advert to a ie.ter of October 5 h, 1817, to ~bamuel Adams, and ano her of Oc*ober ICih of ! me same year, o he Governor of Virginia, from Fv. H. Lee, in- bo h which, ii is seen that the terms nad attrac.ed h s no ice, and were appre j headed by him “to submit to Congress every . object of huma n But it is particu j larly wormy oi remark, tiiat although a mem- I berofihe Senate of the United States, when i amend men ! s to the Cons i u ion w*-r; before that »j House, ana sundry add Lions and alterations! ■ were there made to the list s nt from the other,! ■ no notice was taken of tnose terms, as pregnant j ( j whh danger. It must be inferred that the opin j icn formed by the distinguished member, at the! first view of the Constitution, and before it had! j been fully discussed and elucidated, had been; ' I changed into a convic ion that the terms did no ’gaudy admit the cons ruction he had originally! ■ put on them ; and therefore needed no explana-i 'J prctCaiMCll CulT' 1 it. l| i close these remarks, which I fear may be round tedious, v. i h assurances of mv greu ! esteem and L st regards. JAMES MADISON. j I! Mr. SxEvmvsorv. ! === _ From ihe Acre- York Commercial Adi ertiscr. I »iaC .Sarroxv Escape. i he fallowing narrative of ficts is presented ‘ j the public, £3 exhibiting an extraordinary Instance of unshaken firmness and self-posses-; s on, (or presence of mind,) under circumstances oi ihiiiiinebt -danger, uni oi h'/trJjreiidth escajicj f-Oin assw.-.s nation, 'ihe relation was given bv! tiie gs n'ler.ian who was the actor in the affair, s on titer its occurrence: and although years I: am elaps d since the recit-1, yet the scene was so peculiarly wild and vividly sketched, that i: was indelibly iinpr'-ssed unon the mind. Our story has i s origin shortly after the close 1 ■ oi the late war. Col. T. of the Uni ed States 1 Army, who, indie ‘-Peace Establishment,” wir, > attached to the “Southern division,” had been s a ton a iur some months at New Orleans. In : order 'o check some hostile movements among f the Indians of the Mississippi, our troops were . couceiii rated mar the point of danger, and Cot, , (T, was ordered by the War Department to as same he con mapd : f the Mili iry Post atNa . chitoches, was cl rged with the convey : a nee ot u large s ;>n of public money from N* w ■ Orleans; and having made arrang inents with ’ a gen'-iemdh* of in - army at Baton Rouge, to : ajcor.tp-:.v hire, (vi.i her the Colonel had de-’ spa.eked his servon ,) he set out from tho city • a one and cn herseb ■ At this e«rlv period, ■ re the genius of Fulton was proudly triumph-. ■ ing cn the western wave, spurning the mad to-. 1 aa- yi t l wiiMiii— Hit in jpi-y r s>.-»aH • freut of ih ** father of waters,” s ich a jovrnoj , "as toiliomo rmd dangerous in tha ex r. me : ; : jcavT. i the rich and f rule valley of the* lowt-i I rii?; : :!ss;ppi, the route lay through a wild an. almcsr. trackless fores’, prcSvu !ng at every step. l;|a lu:k ig place for Bandits, v ?io were then prow. ling thru ugh the Southern v ilds, and practmini is'c-icc-.ssffriy their I.‘.’artless and cruel vk*e-b of robbery and murder. —New Orleans was the ! chief rendezvous cf these ban 's, as well as ol hordes vs 'riruiesj and adventurers, who roamed ! upon a ditferent element, feme forty or hry ! an I s above the citv, the road travcileu hv Coi. i. passed through a long and swampydictnc j for so met I. in e like twenty miles, the charac ti* cf ; which, he was no* aware of, until he had enter ed i , and night approached ere he had rem tra : T ed five miles of this dangerous pass. With the cLsign cf reaching the first he se, his-ant about flf:eon miles, our benighted traveller was urg* | j ing forward Ins wo .ried and faithful s eed, when ! suddenly the sagacious animal, with the unerr ing insrinct cf h.s nature, snuifed the tainted i! O ' J breeze ; and, alarmed and ungovernable, made j! a desperate bound, discovering f> the rider, at ' the same moment, the cause cf Iris fright, A rush from the Canebrriie, {by wMch the roa ! w s (irJed;) presented flic outlin-s of two men, making a bold and detc-rminod push lo intercept him. But urging Ibr war 1 Iris horse by tlie whip and spurs, he succeeded in passing them at the I point cf concen rated ariack. After running ;some distance, the Colonel saccecdtd in reining I up Ins horse into a moderate pace, with the in -1 teerie i of pursuing his journey for the night. He had not gone far, however, when a liglr was s- en dimly llickerintr through tne fores-, in ■ Hie* drive-ion of the river, and he de'ennined on ,i reaching it, in hopes of fin ring a house where I sucker and protection might be afforded.—Bu> ; in such a dilemma he felt much embarrassed. -Nut doubting that he was waylaid, the vicini y of the liglit to the late scene of attack, suggest ed doubts of us proving a place of s So ana nos. I pi 'able entertainment. It was, however, cqual lly hazardous to proceed on such a road after nightfall; he therefore diverged towards the treacherous light, and with much difficul’y, wound a devious way, through die woods, and reached the house. Tha appearance of this I, X 4 miserable tenement, ore he entered it, or rcceiv | cd a reluctant permission tc stay, confirmed iris j suspicions as to its character. Au aged man, , was, apparently, the only inmate, who spoke the l mongrel language of the country, creole and ; broken ifnglish. Our traveller accos'ed him, -made known his object and wishes, and asked I permiss.cn to s ay during the- night. After some j hesitation, and apparent confusion of manner, an j assent was given, remarking at the same rime, i, that there was no accommodation either ibr him* ; | seif or horse. The Colonel dismounted, resolved to risk ct e jlry thing, and remain at this inhospitable hovel, j Confining h.s horse to a swinging limb of a tree ( i in the small enclosure, he took charge of his ; baggage and entered. A scene was very soon ! 1 presented, which called forth that admirable cool ness, and self-possession, which alone constitute .True courage; and no degree cf firmness, sdor |i of this, could have sustained any man under such c rcums ances. hie re animal courage would I either have quailed, or being excited to despera- ; tion, would only have led ris victim to iustun i death. But we will describe the scene, <sz then I let the reader ask himself, “ would i have thus j actedi” I have already remarked, that the Col. was convinced, on arriving at the house, tha f i j v.as >hc rendezvous and very den oi roooers ; ! and that he had escaped robbery, and perhaps j j murder, cu the road, tc fall here a victim— tor, | I without some most extraordinary ion, \ j death in some shape, seemed inevitable. Con- j j trary to lie Colonel s expectation, the house was ! distant from the river nearly a mile. A dense I ; wood nfierrening, surrounded it in every direc- | | tion, every thing v/eaiing a gloomy and peculiar i (aspect, gave a presage of seme disastrous ter- | ’ minatiou of his untimely and unexpected visit, i But, to return, —There were two rooms of the ! principal building, into the largest of which Col. ' jj T. was conducted by “mine host,” the old Cre j ole. A female slave seemed to have the sole, i! charge of domes ic affairs, who, at the request cf | j| the Colonel, was directed to procure some’bing j ; for supper. * Afera short absence, in attending I to the comfort cf his horse, he returned to he | |i room, and found that a footman, apparently a : traveller, had arrived. In the absence of the old man, a few remarks/ ; were passed between the travellers; in the course} j, of which, the footman suggested to the Colonel] / the propriety of being oa Lis guard, as appear-1 / ances about the house, were to him, very s-Trici- 'j ! | ous. The nt-gress, also, while arranging the ta-, !' Lie for supper, seemed to manifest something likej ; solicitude, and expressions escaped her, which: i| wen evidently designed tc be beard, and which-. 1 confirmed hie first impression. But there arc yet/ | f r her developcments of the p lot to be iforicr-d. !j j Just as the Colonel was seating himself at supper [' |- the has‘t* f and unceremonious entrance of three.( ;i men into the room, produced air -mentary sus-il pense —but resuming his composure, he scrutin*! j. ized them cTsriy and took his sent at the boarij ; which had cnce been a billiard table. The ap* i pearance of these men, was as daring and feroci- 1 join, fa their manners were rude and familiar, i ‘ I hey were evidently at home, and l ying aside , their arms, except such as were ostentatious! i. displayed about their persons, they were soon ;! seated ut the sum- tab:-;. A glance of recogni-j: ! tion towards the footman, seemed to present this" a.‘ ch racterinrather . quesi nable shape.jj The ti'io, however, v. ho had l-vtt entered, v/'-rep ’b-v ideally the master rpiritn of the gang, C their‘t w :..s;>-r;;.e r e and s m-pr.sr.dcc-nv:-:sarion.in alia- 1 Non to their gv.es-, w--- too palpable lo escaoe * ‘no'ice. A pKick of cares were soon produced,; ,and the thr.-o amused themselves in this way,': iwh»:-.* ;no Coionr-1 seemmgjy undisturbed, per-ji ; took of the c rid, and unpalatable meal. After he u hao finished, nepai y requested him to engager wi h th*-m at cards. *o which he politely object. 1 ed, saying that he did not play. They irnmodi- ! at -ly laid aside the cards, and entered in:o con v rsation, annoying him exceedingly with irn- 1 pertinent questions, as to his route, business, <Ac. ‘ :! Ac. N\ earing the uniform of the army, his rank ! *vas cf course recognized. He was asked if he a | vas not from New Orleans ? If he was going to • he nuibary post at Red River, Nutchioches ? I 'fthere was not a large detachment of troops here, and when were they to be paid off? If . 1 1acre wtre not large arrearages due them ? One lof them presuming* he money would be transmit* j ■ J iron: :\ew CTlea.nj, another suggested iha he ' | was “ paymaster to the Army.” These various j nd per} k-xng 3, were answered promptly, wrh characters iccoolness, andgenc ; rally wMiout evasion. fckudions, of not evincing I my (is .rust, cr suspicions of their object, the c ;rti a>s indiiTerence of his manners seemed to 1; have had the eilect of res raining their rudeness ' for a while, and. the subject was changed.— ; Whilst this kind of conversation was going on, ore cf the robbers was observed 10 recline him . oelf on the lloor, near 5 he par it ion where his bag. gage was laud, which he used as a pillow. *\V nich ing his movements he was seen t camming the ColoncTs saddie-ba rs, ra her familiarly.—This, liov/ever, iie did no seem to no'ice. boon after, two of the party took their ritks, and left the I house, widiouf giving any expl.-ma ion. lie was I now left with the footman, the oki man, undone , of he trio —who was evidently the leader of the j hand. It grew lade, and requesting a bed, he ; was conducted by .he aged Ishmau .’e, (follow* cJ by the bandit) to a small attached building., I In goj.i j along a narrow passage he s*epped up on a trap dour, which gave way, and he sunk |*o his knee, bu clinging to a bench which hap pened to be near, he recovered and proceeded jiwi.hout making any remarks. ‘Reaching the j apartnie-n*, he was pc'u edto a miserable cot, an 1 1 immediately prepared toocciu y i , by taking o:f only his coa and boos. The old man soon re. | •ired, leaving his companion, who proposed using ■an cid settee in the same room, as his couch, i remarking dial the old man was scarce of beds. j lo this arbitrary arrangement, he did not think j 1 opCl O OOjCOi.* A crisis was now evidently approaching, | which no human agency could aver , an d he re* J solved has ily on his plan of escape. This was I o adept some ftiicucT, and if unsuc ussful, to de j fend iih.iself to the las , with his only weapon, a | uirk. lie was well aware that, his safe y dc- I pended upon his manners and Louring towards i those desperadoes, hence, every word and co ition was s rictly guarded. We have already ob served the died of. his course upon the assassin. • Had he at any time evinced apprehensions or I fears for his safety, or made any unguarded imovemciik towards leaving the house, ms r ant j death would, doubtless, have followed. Tug so 1 confident were they of their prey, and probably j : co cowardly to make an open attack, their pLu j evidently was, to approach his couch, and ac. icomphsh the hellish purpose by stabbing in the 'dark.—-The only hope of safety in leaving the house, was to reach .he river, where Ifc might possibly find a boa’, either descending or at the shore, which would afiord-protec iou Tukon the other hand, if no such r lief was found, he 1 would dou j less be pursued, and on this un.n habred par. oi’ the coas , escape would be. ini. possible. He therefore determined to wait sonic further developemeu’s of the night, ere he should decide diiierenJy what comse to pursue, lie was not long left in suspense. A movement, i thsnaeiiy heard, made i palpably manifest that , :iurdcr , dark and premeditated murder, was con* ! ten:plated, and the attempt about to bem. de. i Alter me I psu o: an hour p< r' aps, afer lying j clown, during which, he feigned a sound sleep, 1 yet wakelul 10 every sound which floated upon t ie murmuring wind, he heard the latch of the door cau icusly raised, and the foo steps of a m m were heard in the direction of the settee, tie waited a moment, and the sanies cal thy fuor s cps approached ins bed—the object was quite ; near, remained but -a moment and retired, A (low v/! nsperiag was then heard. Ail was again j silent, and still the Colonel seemed 10 sleep. The j footsteps now approached him, and so near, that .he could dig metly perceive the heavy and sup. (pressed breathing. He immediately turned over, as a awakened, and ihe assassin, doubtless, wi h dagger in hand, has ily retreaded.—Whisper ings were again heard, and during this confer* eimc, something fell upon the floor, which sound, ed like the blade of a unife—hil nee, then, as of death, reigned for a while—when Col. T- rfia | iag hanself up, called upon the :. room for a light. Ho appeared to be aroused. I imv. ikmgly, as irom a profound sleep, and in a I surly tone asked what was wanting. The Col. I remarked that he did not feel well, and wished ihim to get a light brought up. After some de. lay, ho got up. drew on Ua boots, (leaving hi* jhat, overcoat, dr*.) and reques t'd the man to I wait with the light a few momcn s at the door, i r - c k-ft the room, and as soon as he was beyond | the reflection from the light, directed hia coura® | towards the river. Walking briskly, he had i reached half the distance, when signals ofa shrill •vLi-Ie were heard close in his rear. Finding ! that he was pursued, he pushed forward and • guinea the embankment of the river, where he | discovered a light from a boat at shore at tU 1 distance of nearly half a mile. j The signal was again repeated, and quickly i answered in.a direction which would intercept jibs course so the boat. lie proceeded cautious* jlv, find discovered a man crossing his path, mid .way between him and the boat.—Keeping with* :n ‘he shadow of the woods, the Colonel ap* preached tms dangerous point, and wi.h his full speed succeeded in pausing the robber at the dia* lance of a few yards, and gained the boat. Ere he readied it, the whistle was heard inquiefc ■ succession, and in a few ra : nutcs, the dog, a drift spaniel, which lire Colonel had seen at the Louses came up to him, and wheeled back ins andy to his master. The be ts, crew wem scon aroused, arid made acquainted with the fa_ts. They generously offered him pro eciion and assurance jof safety, but were un whiling 10 re'urn with thfe Colonel immediately to recover his horse and 1 baggage. Col. T. deemed it sufficiently dau* i gerous to attempt it in the mOming. As soon, nowever, as ii was light, they proceeded to the t house. The horse was found where he was con- 3 ■ fined. His baggage had been evi ien ly ly examined for money, which, fortunately, 'W- g had secured about his person. iy group who composed the evening yB? : were missing exe- p* the oil Creole fro. Wlrho.it explanations being asked rife-alt m bv either party, the Colonel resumed in* mSHw