The enquirer — Richmond, Va., 1810-12-15 00:00:00, page 3

Virginia Legislaf ire.
HO USE OF DELEGATES.
Saturday, Dec. 8th.
Mr. Johnson (of Prince Edward) from the
flo nm'Uf.tf for Courts of Justice, made ttie fol
io whig rep >rt :
The Committee for Courts of Justice hare,
according to order, had under their considera
tion several petitions to tnem referred, and have
Come to the folio wring resolutions thereon :
l Resolved, as the opinion of this committee,
*Vhut the petition of >Vi!l> «:n Duval, Samuel Uu
Val .ud Lucy Claiborne Duval and the said Sa
muel Duval as ii ttoral guardian and next friend
•f his grand children, Samuel Shepherd Duval
and Archibald Bolling Duval, praying that an
act miy pass, authorising the sale qf a tract of land
whereon the said Samuel resides, in Bucking
hum county, and winch by virtue of ail act of
A-iseinblv, was purciiAS -«( by trustees for the
benefit nf himself and childrens and that the
pro-c ? la of the sale may be applied by the said
Win. Duval, as trustee of the other petiti mers,
in the purchase of other lands for their benefit,
and also towards their support and the improve i
Tncntofsuch lauds fora certain time, is rcasona
M«*.
R*solved, as the opinion of this commit- i
tee. That the petition of J *coh Feck, praying that:
a fine imposed upon him i»y the county court of'
Augusts, for nut keeping a certain bridge in re- j
pair, may be remitted, is reasonable
3 Resolved, as the opinion of this committee, 1
Th.t the petition of James, a slave, otherwise*
called, J unes Butler, praying that an act may
pass, authorising his master, John Osborne, to
emancipate him, and permitting the petitioner to
enjoy Im, freedom without incurring the conse
quences attached to such emancipation by the
general law of the land, is reasonable.
4 Resolved, as the opinion of this commit*
fee. That lb* petition of J lines Cheatham, ».-ay
log Mat an act may pass, divorcing him from his
wire Frances, be rejected
The li.-st, second aiiJ third resolutions being j
read a sec md time, were agreed to by the!
Hmt te—The lust resolution being read a stum 1 •
tim was on motion, ordered to be laid upon t
til • table.
reulions were presented and read from sundry :
inhabiuu's ofthe county of Greenbrier, praying
til at t he sum >f & 4 5 cents, paid by each ofthe I
petitioners in consequence of a judgment render '
ed against them by a magistrate of said county 1
jn*y uc restored 5—From Richard Loving, pray*
iiift that the auditor may be authorised to issue j
U) aim a duplicate of a last certificate From i
Jingo (a free black man) praying that lie may :
©onimue to reside in tais state, he having been .
lately emancipated ; ^
F'«m Robert Gilrp-'iir, praying that a law mav j
pass refunding the amount of h (Vie imposed oil]
him by tire District Court of Northumberland.—
H- ferred to the Committee for Courts of Jus
Cice
Petitions were received from Moylon Collins,
James Me Master, John J Harding, James C.
Hadeo, William Houston, Andrew Bryan, Jo
oepti Beard, Willi mi L. Lewis, Edward Mar
low, \V illiam 'Bradley Tyler md William Mui
ligeron the subject of iiumdu ing & f olding cer
tain slaves in this commonwealth-From
* number of inhabitants of the counties of
Washington, Lee and Wythe, representin,
©eriam defects in the present orpainzat-on
•f the courts of chancery, and praying the in
terposition ol the legislature to remedy
tlios.- defects in such manner as shall be
^eemed proper m ■ iFiom John Bryson, pray,
"ing that he may be authorised to open a road
through the Blue Ridge, in the county of Gray*
•on, near the Good Spur, anil to demand a jv
floiiablc toll of passengers using the «.,rne ;_
fr.im Patrick H Fon' iine, sheriflf,of Henry roun
ty, praying that he may be allowed a credit tor
the amount ot a certain list of insolvent militia
Uuzi. put into his hands to collect for the yo»r
18U9 From sundry iirhabitanis of the town of
R".i"..:y, in the county of Hampshire, praying
tli a 1 i i-' may pass, prohibiting certain danger
ous md disorder^ practices in said town ;_
From sundry inhabitants »f the -ounty of R... k- I
briogi:, piuyi-g that the i-ourt ofthe said u » j
ZTtry a;; • to hi ik *41 H* Uxi it?Vy <.J • j
SimM- tCX *tf.r M . IU vlr.ll • • I •» f l' |,||£ i
puroos Of".-nproving sm i k'„or.i in repair, the i
cl.aur.fi Uu. Nort F •; f‘ / j_!
F. • • a • nmlr rot-b- .uiinb.caiita cfEl zaV.-.h j
C j r ii.m!y praying that a law mat pass, *uiii<. I
•*» ll,e erection of ] Ig^., b/subscript ion,
a rovs Bs-k river in t..- s. J county ; that the in
habitants ol the town -f Hampton, in toe sanl
©on*'1' may he authorised to elect trustees, with
flower r > pass by^- la as for the internal govern
Un 1 f .ie arid town ; St tint they may tie em
powered to sell nr n .in piece o! ground, in the
r.i.ti to*.., for the purpose i ! erecting a market
house— F on Willi un Proul, staling that about
tli.- year 1792 oeing then m trade, he received
in ,»ajiii ,its ( r goods sold, Virginia currency
b !|s to the amount of upwards of g 75 (JUO at
the rates of forly lor one, and praying that the
Sana* may be taken into consideration, and such
Tein t g .nldliim is as compatible with justice ;
— fr o,n Rachel Williams, praying to t>c divorc
ed from her husband William Williams ;_
win -li two l .st petitions were rejected
Oru<r red, Hist h aVe be givm to bring in a bill
' i n ..mend an act, entitled, ail act to amend an
*' reducing into om act the several acts con
concerning the court of appeals and that
**’ ^ »• Bln kiiurn, Monroe, Mallory, Preston,
in’ t idtlindgc) Smith (of Greenbrier) Mercer,
i .i lor, Parker, (of Northampton) Slith, New
ton, Archer, Bowyer and Madison, do prepare
^uid hung in the same . and that so much of ihe
Governor's communication a. relates to the said
oourt, he referred to that committee.
Jp HINA, GLASS & EARTHEN-WARE—
JOHN B. HILLARD has taken the East
eno ,t .vir, Charles Copland’s new building di
rer- iy opposite ivi r. Rim jail's Store, where ue
is now opening and intends keeping a general &.
complete assortment ol the above articles —The
Citizcni ol Richmond cai* there supply them
*tlv«s with every article usually wanted—Conn
try traders can have an assortment repacked a
•locality to any list—Orders p rticularly alien
•ed to—Ware purchased ol y. It. H will he
Co any part of tlie City free of expense.
_ N B Rich dining Scrvies, elegant tea do
•C- ,a Globe Lamps and trimmings and many
. Mher articles both useful and ornamental, are
' i ly expected
JL). ccinlier 15 tf
SALE- One moiety of a tract of List,
4- containing about six hundred acres, lying
tin J ■ mcs ltivct, in Goochland county, a few
iTulcs above the Court House, late the property
•»' Hubert i’l.-assnta of Cories, dec’d—and whiun
1 possess in the r.gbt of my wife. The terms ol
8.-.1 • will be made known on application to Mica
jal. Crew, who is authorised to contract for tiie
same An ilulispii'able title will be made to the
pure.user l ie nher moiety may also be pur
aliased by application to John G Mosby, of Pow
hatan.
Maurice l. miller.
Old Curies, Dec 15. wttw
OHCE!!—All persons having claims a
gainst the estate of John MiKim, dec’d.
u,e tequestgd to produce them ss early us possi
ble, to the subscriber, in order that arrangements
P>*y be made for discharging the same. And
till persons indebted to the said estate, arc dasi
:vU to come forward and make speedv payment
WILLIAM McKlM 'idm'r.
{Vcembcr 15. . • ■ ^
nr «r \
RICHMOND DECEMBER 15 1S10
FOR THE ENQUIRER
To THE VlHCINIA LhGXSL ATUKE.
In /x i mining *!>•• propv, e y o i icorp ra
ting a national B» ik. un:'et the authority *>t
the general governmen , there are ovu dis
tinct aid independent questions to be set.,
tied—First, the Kxfird'rncy, and second . !
ly, the Consii'u’ionatiy f the measure, i
Both propositions mtis* tie resolved in 'he !
affirmative by its advocates, whilst those 1
who oppose it. have to prove the falsehood '
of one onlys And yet to judge of the < IFirts ;
made by the first class to pr< serve the m- I
stitution. and the nature of 'lie arguments'
they urge, one would imagine, that the ;
converse of this proposition was true—that
the oppnsers «,f»he measure were hound to
establish the negvive in each questl- n,
and those who adwcate it. but the affirma ;
tive of one. Unless their argument -, are i
predicated on this idea, where s the n<c>
sity, before they have disposed of the fircv
out constitutional question, of urging the
advantages which merchants derive froi
a great oanking institution, or thefiicilitit* 1
it affords to government ? Where is the
propriety of recommending it as an ample
source ot wealth and revenue, or as a pow. ,
erful engine of financial o/uraSions ? Such
reasonerb begin at the wrorg end hem
selves, or endeavor, knowingly to mislead
the public. They think, in the utilitv. the
brilliancy and grandem of th< ir project.ro
divert the a'ten ion from the main object
of enquiry, and thus to elude what they
canno' answer
1, like most other men in the common
wealth. have an opinion concerning 'he uti
lity of banks geneially, and of 'he (J. States’
bank ii. particular. Ir it were imp.-tant to
decide it. 1 should not shrink l> om the ques
tion of Expediency, upon which so much
has been said on'he on - side, and so little
on the other But to go laigely into tha
question, would be jo- due mg the effect
which the ba .k supporter* meditated_
It would weaken a str« ng cause bv mingling
it with foreign matter, and Ink as if an.
cessity existed of fortifying the constitutional
objection bv adventitious aid When a men
sure was plainly unconstitutional I wmt'd
never enquire into its expediency becatis
it would be apparently g'ving to two '+>j :c
tions, of very different degree* of importance,
the same consequence, and might tend to
impair that.ve eration for the constiiu'iou.
I would for ever cherish and supp .it. Ft
these and other reasons, I purposely declint
that question to wliicu so much importance
has been craftily attached.
Bat thus much I may permit myself to
•ay i —1 luiif an incorporated U Sta es’
bank h*s its conveniencies and dvanta
ges, they are so nearly counterbalanced
by disadvantages and iuenaveuiencies, that
the question ot expediency m «v well puzzle
a .d perplex the nicest calcu.’a_Tha
those inconveniencies and advantages which
in. 91, aught have been seen and felt, are
now greatly nvei-iated since the numerous
establishments ol sta e oanks among us,
dequate to every legit miat e object ot govern
mem or individuals —and that in estimating
the relative men s of each view of the sub
jec , we should ex end our enquiries -o a pe
riod when a great nat ional bank might be
come an instrument in the hands of cur ru
Iris, n t nly of J'aciltlucin ir financial ope
rations, but of borrow.ng what the peo.
pie would refuse to give, what they could
with difficulty obtain else-whcre and
with which they might accomplish their o
the; wise impractical}!: schemes.
Waving any fat be cmark upon this
part oi toe .object. 1 beg eive to direct the
attention of the Legislature to matters of
grea'er importance.
Immediately after the ratification of our
federal constitution, two sets of expound rs
appeared, who gave to some of its p-ovi
sious very different interpretations. The
one set were in favor of such a latitude <>f
construction as embraced almost every ob
ject of legislation or political econ. my ; and
g : ve to C ongress and the Pies.dent nearly
the omnipotence of the British Parliament.
The others were for restricting the grant
ot powets to such as were sfiecijicd in t ie
constitution, or weie necessary to the end
and incident to the nature of the specified
powers. It wou Id lead me too far, to en
quire of whom those different classvs of
men were composed, and what were their
respective views or comparative merits I'
is only essential to mention the lact, and to
observe, that hence arose me two great
pai.tie* which have ever since agitated and
divided this country. The federahs's true to
their fust impressions, have nt ver r.easeil
to advocate a broad interpretation of tlie
constitution, with view 10 thr aggran
disement of he genera! government, and
to give it strength and energy The repub
lie aim, on the it*.er hand belteving tha',
liberty could be endangered only t»y en
croachmeats on state righto, and that the
powers expressly vested in the genera go
verment, were quite sufficient for the pur
poses to which it owed ts institution, were
for restraining within narrower limits, the
range of federal authority. 1 hese d flbrent
views, on a subject ol fnque t r< currence
could not tail to manifest themselves by
Jvert Jiels, within a short time aft r the
iorganization of the government Accor
dmgly, we find that m t ie very fir-t c .n
giess, at its third session and withiri one
year atter the new g >verum u; c »tn ».enc
ed its operations, t question did occur which,
for the first time, distinctly and visibly
marked the character and sendments of
each party. Let it ntverbe forgotten, and
at this time especially, !e> it be engraved
upon our minds, that this question, was
i the authority l0 establish and incorporate
a National Hank.
I hr lact will lead us irresistibly to these
.conclusions. If the Republicans, in pow
er, take now, what in 1791 was federal
gtcund, they will prove their own oppositi
on on this and similar questions to have pro
. ci*Cvicd from ignorance or ipuiit vj' firinci*
fie ; they will prove that the broad inter
pi elation given to the constitution then and
ever since by the h ederaliyis is the true in
terp) elation, because it will have received
the stamp ol both parties ; they will sane,
tion all the consequences which will, and
wr/tfMollow (as I shall presently shew) from
this broad interpretation when applied to
other questions arising under the Constituti.
on ; they will of Consequence tacitly disa..
vow tht principles, v,nlr.a ate the ground
wotk of Mr. Madison's c< lebrated resoluti
ons in 1799 In short they wiil cast astlg.
ma upon their own party w hich ages cannot
ciase, and tney will p, ,sir.i e the state so
vereigpties before the fan. i,rJ iedcr*l
{Usurpation. They will heap disgrace upon
; themselves **,(i surrender 'ht Jibi-r-its of
I lb ir c uiiti v bv the Ra m act. !;« vmr. will
I the* sholttv *heroselws unrtr r the plea of
ip er.edviit 1 have already-hewn bow much
we.giu die argument deserves In \-i.n
WouM die,- urge the example of s-nne -.t
tbe'r own pally mi passi .g the iw > Laws
supple i.rn’al to he Dank Law—For :uey
w ubl teceiv*- this an - -er—When the ^up_
! p.e uental Laws passed, th-- evil bad been
done, and could not bt remedied. A con
tract had i» -en made and executed with cer
tam individual-, and the t.i: n nt 'he nation
wis pledged no* o violate, but to pro
tex ^udgive i« eflic icv, unless obtained by
fraud- such co i . ic's have ever been held
sac.r > b> a con-C eouous government ; and
particular reasons ippiv {hem, which g i
vein n - other case. Under thi se impress)-j
" - <.ie to *!■ were passcci. I appeal to tne
debates outlie subject to pi • ve it. Nut one
wild iv-issiid iipmi hie constitutional ques
tion. No owe coo id have t o*:gh! that,the
pi pet time to urge u It would have been
u--eh ss and highly impolitic even in hose
who vveie not ii!»p > ed m respect con
THACis ; because the coiistiuu ional ques«.i
o . •ov.ng confounded vvith a lethal on*- would
’i have stood, on fair ground The ex firth
ot ti.e Laws was therefore in point of
t < , ami properly ton, alone censidered, .mil
leir coastitun avility could fairly and
with a reasonable p ospect ot success have J
bei.o In ugh b- fore the house ; still as it j
v- i n t suggested, but passed sub silhn- ,
tio no conclusion but that of negligence,]
« vi dc n awn from it, much less a couclusi !
on pregnant with such important conse_
qncures as the one we are nnmbatting. The
legal mle, concerning side wind decisions,
on i point not properly before a court, must
a roRTloiu apply to politics—and if no
weight i- given to them, how much is due
lo in omission ; o say the least ot it of
very questionable propriety l So far from
jusisfj ing a derelicti in of urinc'pie, now.that
the question is again faihly open, and i
must bn directly decided, mat it is a mock- !
° .V common sense to urge cite excuse and
a w is e ot tme to answer it. Those here
">re who cnaoge their g-ound abandon their
principles, and disgrace their paity, are de
pi ived of this last miserable pretext for their
Conduct.
In'he progress of this R ink Bill, which
w is, as I nave said, the fi'st test of pnnei
;>ie under tut new government, Mr Giles
and Mr. Madison particularly distinguished
in ih* republican phalanx, wnilst ibe then
secre1 ary of the treasury Mr. H was tne
Ajax I elation of he other On this occasion,
Mr Madison delivered tha* celebrated
speech, which hrst defined clearly neli
ui'ts of the leiiera' government mil carried
conviction totveiy unprejudiced mind.—
\n excellent Cu.npeiid i>: it mat be iouml in
the seventi third number mid sixth volume
of tne Bnquwer, and ought a this time n
he repubbshtd. In proceeding rn give a
very concise view of the eons i utional ob
jec ions to ihr Bank law and >f the cease
(fuences of giving such a latitude f con
sti uctiou to the a nslitntion us us friends
contend tor. 1 can do little more:'than ex
tract so.nr of the arguments con.aim'd n
ir; premising Miat there is anothei d cu.
aieut among the areniw* ot the dep u tment
ot slate, '•'inch it we uad access to. would
shed 'd iiv.1,1. 1 ligtii mi this part ot mr en
quiry. Iowan he opinion of Mr. J ffrrson,
required by the i res J i. on the Bank. Bill]
and given in wri ii,g. He conceived, a id
ini doubt proved w.ih his usual perspicuity
that Congress Iv-i l clearly transcended their
constitutional hums.
It w 11 b,' adnitteii >> all, that powers
not delegated to the U S. n- the constim
• ion or prohibi'ed by • to he states, are re
served to the states or o the people. Iu
determining therefore •!•«_: cor.&’.itutiona! cx -
erase o. any p .wer ve are to look for it
in the constim o i i.seif, But tne power to
incotporate -» dank is no to be found a.
mong those expressly e nnnera ed —F it is,
let its advocates point to die clause.— It it is
not, it cannot be ves,ed in the g •vernment
unless it is implied from those power* which
are given, and included under s me of the
general phrases ot me consti.ution.
The only general cl mses are —
I. “ Congress shall have power to lay and
collect taxes duties, imposts and excises,
to pay the debts and provide for the com
mon defence and general welfare of tiie
U. S. but all duties, imposts and excises
shall be uniform throughout the U. S.
2 •• To make all laws w lish shall lie ne _
KMsry and firoper, for carrying into ex,
edition the other powers granted.
Mr. M itlison adds a third, viz. '* the
power of borrowing money,” which may be
dismissed without a single observation.
in the first of these sections Congress are
empowered to lay taxes, &c or in other
word3, to raise nr*ney. Tiie purposes, to
wbic.i the money when raised, is o be up,
pl'*d, me next designated—They are wi'h
it. ** to pay the deb's and p'ovide for the
,tJ,*’*ence a,'d general welfare of the
- S the common defence and general
wci.are is ail end, to be attained by the
means expressly painted out in this clause,
n ' ones it authorise Congress to provide
or the general welfare, otherwise than by
laying taxes and raising money for tha' nur
pose
i hit reasonable construction is strength*
t;ne<i b\ scvrvai considers'ions
Congier* w >uld otherwise have almost un
limited power, & the particular enumeration
of powers in Me constitution, be entirely un.
nece.-gury If the clause can be extended to
the incorporation ot a dank because it may
be conducive o the general interests of the
U. b. and it is susceptible of dial interpre.
tatinti, then no reason can be givtn why
t.ongre-s may not make an appropriation of
money, to subserve iiie general interests of
learning, agriculture manufactures and
commerce,” As Mr Hamilton contended
they might I hey may incorporate com
patnes ot manufacturers. Companies for ma
king loads, cuttingcanals and even rengi.
ous societies. They may pass alien and se
dition laws, under the idea of providing tor
the common defence, and conducing to the
general weifam. In fine they may justifv
every stretch ot authority, under the vague
and general terms I have cited.
Another i t o m why this construction
should not prevail, is that lh« terms •• com
mem detence and general wellaie,” wire e.,
vidently taken by the framers of the const i
union from the 8th article ofconledern ion,
and never received tile interpretation at
tempted now to oc giv. n to them.
Atliiid is dedncible fr m tbe concluding
psn o» the section itself, •• but ah duties,
otc. shall be unilorm throughout the U. s”*
h»r tins qualification of power is iutncdia
iy c inoew.ed wnii its pier ding grant, and
pioyes that the framers »i (he clause bad
tn view pecuniary objept*. as focal ope rati -
ens only, \
»rrom tms mode ot reasoning then, Con.
gross will have nearly the sa ne unlimited
powers as the federal construction otthe o.
ther clause would give them ; and the par
.licular enumeration of powers in the cousli
tut ion was nugatory.
0 he>‘ clauses in the constitution as well
as i s ge era I scope and spirit forbid this
consequence
Congress can coin money and regulate its
value. \et, says \lr. Madi-v n. the punish
mein of coui. erteHers was not left to be itn
plied but exjxessl given t . them.
1 bey can “declare war’* to which ar.
mies are moie incident than Banks, tobor.
rowing. Yet the powers of raisingaiul sup.
p Tling At nues it was though* necessary 10
give expressly.
A d so of several other examples that
Mr. Madison has given and which oug.i it
necessary be extended —Once more It will
not be denied but that the power of «.s a
blishing any corporation, is an impotent
one. flie to pot ance of -he power to in.
corpora a Bank, may be eat.iii ..ed by the
eff"- < s which he exeicise o: it, produced
in 91 and by the interest it is now exciting.
can any nr.c beueve luat an ms'ru
incut drawn with so much circuu.spectior,
and enumerating so minutely, powers of iu_
hniieiy less consequence, would have left
lhis great anti obvious -.lie to construction 2
It ne can, nothing which I can add will con
vince him, unless the very interesting fact
does, menu »ned by* Air. Aliulison, and with
which I shall close the constitutional view
of his subject, viz : A power to gi ant char.
;e:\, cl iKCOneOKation, had wanin his re
collection, been proposed in the general con
vention and rejectub.
VVhatever view therefore I take of the
subject which must soon come before Con
gress, I am still strongly impressed with the
opinion that vou, who represent \ great state,
jealous ot its liberties, ought without jjk]
lat to instruct yoqr senators and request
your representatives to oppose a bank Bill.
It you regarded pecuniary interest alone
you would do this, because your own sinte
establishments will be m.-e fliunshiog
wuhout the compe ition yt Federal . nes—
B 1 vou have stronger and noble motives
You have now to fix he meaning to ne g.v
en to die Federal compact, so that hereaf
ter no cliff fence of opinion as to this, can
pievail. Y i have 'o support 'he ground
vou took in 98 Uld ’99 n defence ot State
| High'S. Y. ii h ive to aver 'he consequen
ces of a docti me, which will herea n * re
solve eveiy qins on of Federal power, into
one of t x/udiency, not oi.i n r ght. And
you have o shew o the world ih it if some
of the sons of Virginia have apostatized
from her cause site is s il ;• .e to herself.
Nor must tin - b> dr la rd.
If the cliar'er .»t the p,- ent Bank is
renewed, or a new one g.amed, you cannot
A LIVE AJVIAiAL '
THE
s E A - T I G E R ;
The only one to tins country —It was caught
on •ii" of the G.llip.goi lshu In. and is pet fee I
Iv amphibious, living with equal cw in the
I w ter as on the land ; it is now five feet in length,
, uui wh' it it arrive* at its full growth it will
lie nine or ten feet long ; the hotly is clo-ely co
veied with short hair of various colors, smooth
aim Miming -I‘ has i wo csn"u teeth in caili
aX K v.s i i i pureh eJ 4 go., COOI’
» V Kits—Or will give liber .1 wages for the
en-.litog year.
. HAXALL&Co.
Dectinber 15 wi>v
i A N 1 liD IO HIKE, for f4* »e ensuing
, V.”’ *,x v,hNt two BOVS, and a good
C-UO i Elt — Apply to
„ , ». J. BtJKIi.
Vcfcmh# \t ?iwtj
f rom Uie p«c:\'nble oi lie* jc* incovp<>ra.»
ting the Bank in 1791, one Mould conceive/
that its fia.ners tij ant «o contend that its
establishment was necessary tu enabu-thrm
to *• regulate commerce,” and 10 “ bor.
row moi.ei ” They state that it •* will tend
to give tacilitt to the obtaining of loans,”
and wilt-bc • productive of considerable ad
vantage to trade.” *
Passing over these “ ductile terms” as
Mr .Vladison calls them, so opposite to
those of necessary and prop r, used in he
constitution, let us simp’y ask. if there is
no distincion between that which may he
convenient, and that which is nectssa
ry. A Bank may produce advaiv .ges 'o
trade, and may tend to give facility
to loans, and ye; is utce sary to neither._
Trade may he regulated, and money
borrowed without it.
lhit again. i\> state Mr. Madison’s ex.
eel lent argument in his own words.——“ If
Congress by virtue of ihe power to bono v
rn..ney, can create the ability to lend, they
may by virtue of the power to levy money,
create the ability to pay it. The abditv
to pay taxes, depends on the general wealth
ot the society ; and this on the general pros,
perity ot agriculture, commerce and ma..
nulactures. Congress then mav give boun»
ties and make regulations on all these sub
je« t» ”
i Several other reasons equally substantial,
[anplv with the ume f« rce .1. Una and the
nex section, and will be there noticed. ,
2dlv Powers are granted “ necessary and
proper to execute” other powers specified.
Vtr. Madison observes, ** whatever mean
mg this clause may have..none can be ad
mit tod which would give an unlimited dis
ci er ion to (*"tigress ”
*• Its meaning must according to the na
dural and obvious fotce of the terms and the
Context lie limited to meatis necessary to the
end. and incident to the nature or the
specified powet s
*‘ In ‘.his sense it had been explainer! by
tbe friends of the constitution, and ratified
by • .e state cnnve iti'-ns ”
No v let us enquire what power is it, given
by me constuu ion; to the execution . of
which, a » oik is necessary ir which Mat
NOT be- EXECUTED WITHOUT ONE
p * - —i - -* 1 1 TV *s
&3 in comroro cases repeal the lavs. Th‘>
contract is made —and rhe faith ol the gov
ernment is pledged to execute jt. For aim'
ther 20 >ears it may he a mill.st.>ne abou^
your necks, and in the mean time will let
in the constructive expositions of tlir con.
sri'utinn, which may sap, and finally over
turn our liberties.
Congress may even now he legislating oa
this subject, and you may liink of instruc
tions, when in*uaction will avuil you no
thing* •. s
HARMO&IU C.
<xy We have now p .s* d t’i mi ;h the Cores
pmlenreofttp S i-mary of State w«tli oop
minisici $ Abroad— if/ir/r Replies * ill appear n !\(
in tii# S -ies of Documents, Oar rem rks vdl
come «fter the wlioh - Me:"'*bile, wc- ••annoS
turoear noticing a straggling flower that fallout*
up in our path.. * . .
We K-g h- ive then to invite the attention of
• li ied*rshsiH to Hi.* letter of Mr Mamliull in
18'K) It shews, th.\t Ihe ground n w t- k u by
t!»e ulmmistratlon was taken at thatdn by the
a lest man >1 the F. party Nav. tint h,s .. is-mct
• nlf ill bl ck nles is just as extensive as u»e
French doctrine on thii p > n:
When Vf !i-*ijvj> . rnv i his into of August
22 -bJ'J.saiii t• i;»t “a plau- :» not t-operh *»!■■ le
ft ■ ! .ul s< it. be h*-.si■■ -i l.y i,m.l ao<l w .. • • ;**
F te*-:di»!8 oftiiis i: liK-Ji up s?i • .ids
with Ml mvhmcnt. “ Wlmeter ever beard of
su b a thV.g ?**
f> *:a p v i:n ’twas s*i 1, wc ought to he »ho
las; iiHiiou in lk“ wr-hi to pm pst •« .- i i i_.
Ulat in proportion a» v*>u narrow tt- fi | ! of
O'leka.te. you ex . d be rights of Jr_
What do -so now se<- > tost Mr M-if- l r-a
t e wh i French gr uid onpr'mc pie, it might
well be ijues tomd,” whelbei t i plsi i s , Id
not ne “ Completely inv. mod bvl od, w II
83 by sea file And the ren.ton lie gives, is ilia
s one a that of Mr. Ciurooagnv —Wlie'h-r »he.
tno :fi :arion of t->c rule lias not re ceived som®
s uict.uli from practice," is anothei thing_lmt
c*v-n this only limitation s.i o\s. 'hat iho
rule, rs now iiiamtHin.d by JVlr Msdi.so j3
approved by Mr Marshall. “ Oh si t.c oir
n:a V
TO THE IBHOIl OF THE ENQUIRER;
Sir,
. A* a friend to 4 Domestic M-imilaeture?.’ you.
invited samples for show ; ami la-t winter, pro*
»e. te<J4 to all enquirers * an evidence of tin !• r.r
bkdl and industry of v«rs. H. G. of D'.uifri. s_!
w.licit, being- much admired, | : dm-. ; ri appro
puatc and handsome poetic cmnplini nt, tr, m
your press, to that ingenious a.rc nes . , the use
ful arts
It may be of national advi. Rtjv.'v, gjr, again t©
applaud the merit? of this good lady r-.ve cir
culation tu tin-, r porti d p:••■<. edi -. ' . |.-it0
Gco.gr Town s.c -v of 1) un ii; War —, ,.,to
the purlieu! >rs of a race. 4 /Vo b'.no pub-co,'
Vbl.eroa.l hav .nrr; wliof.iiily rn S i e.
This is i.ccomp mb d by i few w, tes JVai rout
Putter nt, from th- spindle, dye ... . r .f
her to whom. 4 am .ng the i a v .ut>. ht * ho
deserved well,’ ,t was i.-c .. ,i. - .. 4. eia
rhese pattern.- m v ' me the p:.n.<~it\ of
* °,e?e"1' .* bv: . • m n ut , • cl. to
h. m who m. t mi- - spt .fnr-h.c ou,
r -s titt-m 11 toe pi ;t p p r * * . u
V. jr- a w rls wl, presen Jy roc. oiling ,» un.
J *"e !* 1 * »y tori v» eg if M G
p - Uf t - diffuse then- happy luci s . •
and ii- ful ly || , ^ J
JjT TiiLa specimens to be seen at the . qui.
rcr oln e. *
The Expre sea, .. ,t c rrV.' f- IVcsi!
mesh .jie t • ttie Hbilad, iphia & g Yu - ,. >ir,
reached th -forme- Cik n less t t
ancl the Inter in 34 trim V•.viingp.ii_op-*
at the .ale f f0 die. i. „r, over *x • r |y
“T r‘v S. V \ '* Oe .erd, y> t. m
New Y <rk Gair-ue, intend* io eg. ,btsh n ex
pivs- tn .1 fur letters
Mr P.m kn yufS C Ins laid before hr H;
of H. otitiat St at-, a lengthy address i-< h,.* P.
U b conveying the sentim f s C. ...
i. ai.n.Ei concerns, an 1 re<- .nni mdmg t » h. n toe
adoption of the most energetic m ,-ures .gnst
G ,111 c ,se s!l'* - ct is . to repe .1 lie olivix ou*
orders in cnun .l; *n • to take mch -n • so c»
a- will p, obably comp. 1 her to respect us as a
tree a,id luiiej.-end u people—flu* G ogia
Journal says, th.it.v d I „0f
the U S troops have been o.-.l-red t F* Ifaw
kn.s i.y gen H .m ton, in c -,s.-q .cnee or the re
ported detent on of Ueut Li.k v’s party , , e
C .-k? ; ttiut th s .. is In .“vsi- i , ,.ic -
that the Chiefs adveed \ m nut to pro .cute Ms
j tu-ney thro’their nation, .g t tie . ,us.t pe
an iwerublc for i .e conduct -f their y-mfig rn n,
as they were jealous <>f the survey wo t e?
auppos'- in cn led to defr-ud dn rn J . on I ..,1s,
S', lor from detaining i.un, they furnished utt d
to carry lum by th s- ortest rout to Ft. Slo.I.lert,
wliciice ue had set <>ct.
The President .ft e U S. hav nominated to
tn • . m ile, Gen. a ’ n w Moore, ol Hock
bridge, as Marshal t V' » ui {
_ >
D i F.p—On the bn. instant, at I.eesburg-*
re h • • been for «u.» m-.i onfi . d. o’ a
' ,h ’*• i kind CL> ,\Kb
CAU Ed s IAN vKD. E q „vc .he Editor uf
he Spirit . I ’76 ’’
Th'- P p tr announces to its r--ico,ls „ . rj.
her-, the « .* ,liU Mi ce .or will be sought, and
t:iat it \vi!l stili f>e continued
J . W, and six rutting teeth in the upper, an 1 four
in the lower i it nus nd lomrn } it aw lows it*
lo-d who.e ; it feed* on different k;nds id fish t
it lias five toes ott each foot, furnished witfv
strong ah ,rp claw* ; it swims with great strength
and swiftness, and ia very pl.-yful and affecti
onate.
»’o be seen at the corner house opposite tiio
U. II iavern.
O’ Admittance 25 Cents-Children half
pr < r
December 15
TV M<)S ALLtY, at tlit A'ew I t V rfy
~ X ^r; Store, informs tin lad *s of Iticbm. nd,
that he I, Sjur: received in * fresh a< soit.n, „t of
C(»rl5 solrtl tioo;ce8, walking shoes, &c_Aho a
general assortment of other kind of shots
December J5
HL A K K 5,
or pVEpr n»$cki eriL y,
P0& "Ah8 At