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BIOHBIOND. JAN. 3. " THE TARIFF QUESTION*. W c yield to no man breathing in |>rofonn<l re«pect for Mr. Madison; as an accomplished Politician & a virtuous man. Who has pasted through the tiery ordeal of power, with more purity than this illus trious man? \\ ho lias raised a more noble uiotiii xnent to bis own lame, than James Madison has done by the composition of his Report? It deserves to live as long as the Constitution itself. With what deep regret, therefore, we venture to differ with Mr. Madison on any great question it is unnecessary for us to repeat. We feel the vast disparity wlrcli i xt,U between us; but the day oi prophets ami oracles has passed; and tho’ we humbly feel our inferiority, yet we are free ci i yens of a free country.and must think lor ourselves. >>e listen to every thing he says, on constitution al questions, with the greatest consideration_we weigh all his arguments as well as we can—hut when tve arc not convinced, we led bound toex— press our dissent in the most respectful terms.— Precisely in this predicament, are w« placed by his late Letters on the Tariir Question. We are not of the number of those who object to Mr. Madison’s mingling in the great discussions ot the day. \\ e should have been bnppy (o have seen hi in more frequently out upon such questions. V e should have been glad to have had Ins opinions tipon the Cohens’ case; upon the decision of the Supreme Court in the case of the Rank; and up on the doctrines of Mr. Adams’ Message. On more than one of these occasions, we are satisfied that bis opinions have been misrepresented and mis quoted.—We should, indeed, have been proud to have beard his voice more frequently supporting the great principles of his admirable Report, and slaying the encroachments of the general govern ment upon the reserved rights of tlie States. Hut,we shall be the last to complain of him, either when lie speaks or w hen lie chooses to be silent._H e might, at this time, haveprrfetycil to hear him up on some other question than this one—to have known, for instance, in what way the encroach ments of the U. S. arc to be stayed; how the vari ous debateable questions, which are now afloat, can be best adjusted; how harmony is to be best teslorcd to our public councils and to the different Sta'es; whether by legislative amendments to the Constitution, or by the call of "a Convention, or bv lining me cnances oi experience and time. But, it is for Mr. Madison hiin«e!l to select hi* own time and manner of exercising his privileges, lie is bound to consult no other wishes than his own. We regrot, it is true, that Mr. Madison has cho sen to come out at the present time upon this tariff —because it was not necessary to dissipate the angry clouds which had collected to the South. They have blown over, of themselves, without (lie intervention of his warning voice. But while Lis letters can do little good in that way, they may do some mischief in others. Not having entered his protest against the present extravagant tariff' laws; having waived such a discussion, and posi tively declared, that "in the exercise of the power, they are responsible to their constituents, whose right and duty it is, in that, as in all other cases, to bring their measures (o the test of truth and of the general good”—it is impossible to overlook the consequences of his exposilion. It will be urged «* an argument in favor of the present abominable laws. It has already been so triumphantly em ployed—andtothing can now satisly the public, that Mr. Madison does not consider any excess of tariff to be without the limits of the Constitu tion." He says, that Congress have the power “to regulate trade”—&. it is under this clause, he infers the power to encourage manufactures—pot even protesting against the extravagant excesses to which the present tariff proceeds. Hoes Mr. M. believe, that the Southern States would have a greed to this clause of the Constitution, if they could have foreseen the extent to which it has been abused? Can he believe that the present law falls within the power to “regulate com merce?” To regulate commerce is one thing—to counter vail the commercial impositions of foreign states_ to obtain for our own vessels and our own products the best terms for tlrcir reception into other ports—is one thing—It is a broad, substantive object, which was understood at the time of adop“'ng the Con stitution, and avowed in the writings of the Fcil eralist.—But, to deduce from that power another power which is equally independent St substantive with itself—the power of encouraging manufac tures,not for the 6ake of countervailing the regula tions of other nations, and of advancing our com merce,but of promoting manufactures on their own account, appears to us neither correct in itself, nor consistent with that strict mode of construing the Constitution, which Mr. M. supported in his speech on the Bank Bill, his celebrated ltepoit, or his me morable protest in March 1H17 against the bill for Internal Improvements. To deduce one substan tive power Iroin another, would be fatal to the the ory of a federal constitution will) specified powers. —Nor does the Federalist recommend the encou ragement of manufactures by “ regulating com merce.” There is no such thing (o be found in all its disquisitions upon this clause—and yet, it is the avowed object ot the prcs« nt Tariff Sys tem. No one lias ever more strongly supported tlie propriety of countervailing regulations than Mr. Jefferson—and he has gone so far, in one of his early reports, as to liint at the incidental benefit which they might produce in raising up certain branches ot manufacture; hut he treat-it as an in cidental effect, not as a substantive power to lie ex ercised on its own account. In fact, Mr. J. u nouuced the tariff law ot 1825, as a gross abuse of power. What docs he say in his letter to Mr. Giles of 26th Dec. 1825? •• Take together the decisions of the Federal Court, the doclriocs of the President, and the mis constructions of the constitutional compact acted on by the legislature of the federal branch; and it is but too evident that the three ruling branches of that department, are in combination, to strip their colleagues, the state authorities, of the powers reserved by them, and to exercise themselves, all functions foreign and domestic. Under the pow er “to regulate commerce,“they assume indefinite ly, that also over agriculture and manufactures; and call it regulation ton, to take the earnings o! one of tlic.-e branchesof industry, and that too, the most depressed, and put them into the pock ets of the other, the most flourishing of all.” And this was in 1825—What would he have said, if be had had the present law before him? Would } e have considered that law as flowing from the right “ to regulate commerce?”—In 1825, the du ty on woollens ranged only from 25 to 33 1-3.— Jly the prescm law, it is stated by a N. \ ork wri ter, “the duties have been raised Iroin 33 13, to rates of 40 f«200 per cent, averegmg, perhaps, 00 per cent!” For the purpore of showing in what different lights tnis tariff power has been considered—and to give the reader a better chance of seeing both sides of the question, we lay he lore him the fol lowing quotations: The first i«, trorn the Charles ton “ Southern Review,” a work of great merit and celebrity—and the last, j« from the solemn Protest, adopted but the other day by the Legis lature of Georgia.— Both of these discuss the same two clause*,winch Mr. Madison brings forward in his late letters : Extract Jrom the Southern ItrrieW on the Con stitution of the U. S. frsrcofrsTiTtfTioNa i.rrr or thk TAturr, “Whilst a tariff wa* solicited as a moderate and liberal boon to domestic manufacturer, the people • How far Mr. Madison w as willing to go, in point of expediency, appears from a former letter of his to Thomas Cooper, in which he advocates the opinion only “that the encouragement of these tnantifanlures «»f prime necessity and useful in time of war, by a moderate duty in tbeir favor. »o ijive them a start, ought not to be objected to.” t ol the Southern States opposed no serious obstacle however they may have hqcn displeased w ith Uni continued application lor new imposition*. Hut when the question is made te bear the shape it unw assume*—when duties ore no longer imposed for the purpose* of revenue, but avowedly a* bounties on ni.tnufsctuius—when, in the language of one of the leaders of the llurrisburgh Contention, l*e hon must be heaped on l)?sa, and as many manu facturing i • crests as possible combined togtther, to bear dow n all opposition in Congress, we must appeal to tho cliarteg of our Government, mi l de mand by what autlioi ity this power i* claimed, un der what provision of that clut ter it can cunstilu. Uunulhf, he exercised. “We mean not now to consider this a* a question of political economy. There may be other ont.or tunittcs to discuss it on that giound, and to show it* impolicy in relation to our foreign commerce* lnexpcuicnce, even with regard to those Slates that have most wurinly e*|>ou*cd the system, and its injustice lo all ol tiie consuming State*. At present, vve shall coniine ourselves to the Consti tutional discussion; and.cn this point, the question lias not only been profoundly examined in the num ber* ol the/- Crisis,” but has been treated with much original]1, and appears almost lo lie ex nausted. We c*u only make a few extract-':_ * We do not liii'l in the proceeding* of tho Con vention the word “ manufacture*," or any motion relative to the eucouragumeut of them until the ISth of August. The Convention having, at that time, disposed of most of the clauses in the lepoil e.l Constitution, as far as the end of the enumera ted powers, many additional powers were, on that day, proposed to be vested in Congress. Amongst them, was a power “to establish public institution*, rewards ami immunities tor the promotion ot agri culture, commerce, trade s, and manufacture*. “Another pio|io* tion was made on the JJOth Au gust lor a Council! of State. The duty of the se cretary ot domestic affairs, was “to attend to_ tiie state of agriculture and manufacture*-and to recommend such measures and establishments as might tend to promote such object.” Both of the above propositions having failed,we might rea sonably conclude that tiie Convention refused to give to Congress the power to promote domestic manufacture* a* well a* internal improvement*. Hut it is not from Hie mere failure to have the^o clauses inserted in the Constitution that we would infer a clear and unequivocal intention, that to (be Mates alone was to be left, the regulation of the dif ferent branches of internal industry. “The above propositions were referred to the committee of detail, together with sundry others, ——Alter many partial repor's which did net aU'ect I this subject, on tiie St lx September, the committee . reported further and finally” recommending al I (orations and additions in live instances. Tiie last is to insert this clause. “ To, promote the pro gress of .Science and the useiul arts, by se curing, lor limited time*, to authors and inventors, the exclusive right to their respective writings and discoveries. —-Tiie above clause to promote the progress of science and the useful srts tva* as I conceive, a report of tiie grand committee agaiust manufactures. Vjnot conscious that in any exposition of the Constitution, this clause has been relied on a* restraining tlie power of Cougrcss on tlie subject of manufactures* In my view, it is very impor tant. • It is important, if considered in tlie abstract but when taken in connexion with the above pro ceedings ol the CouAcntion, I do regard it as con clusive. • “„An~ firs!* ,<*.t us consider the clause as it stands in the Constitution. What does it amount to? It is a power to promote science and the useful ar*« What are the useful arts? They are those arts or occupations which are carried on with a view to profit in contradistinction to such as are pursued for pleasure, which are called the liberal or po lite arts. Are manufactures to be cla-sed amount tbe useful arts? Throughout the civilized world, agriculture and manufactures stand at the head of the uselul arts. All men must assent to this. Here then is a clear pow er vested in Congress by Hie Constitution, to promote agriculture and manulac tures. but, is it a genet a! or limited power? It is a limited power. How is it limited? It is lim ited inasmuch as the mode by which these arts are to be enco.t.aged, is not left to construction,! but is expressed in words which have a clear and definite meaning. They shall promote the useful arts, “by securing to ingenious men, patents lor j their inventions.” Now, if a power to promote a \ specihc objec*, by a prescribed inode, does not ex- ' elude the power to promote it by a different or o ther mode, there is no truth in the law maxim “expressioumus est exclusio alterius.” “The grant of power in question is, what law yers would term an affirmative pregnant, that is, an affirmance of one thing, and a denial of another an affirmance of the power ot Congress to promote the progress 01 science and the arts by patents and copy rights, and a negation of thc-ir authority to encourage them in any other way.” “Three clear propositions result from what has ' been said. 1st. That there was an attempt made ! in t.ie Convention to give Congress power to pro- i mote science, agriculture and manufacture-. 21y. ; 1 hat a Committee reported a specific power for that i purpose, to be added to those already enumerated 1 —which report was not agreed to. And, Sly. That an express provision was made, to protect these objects, but only to a limited extent.” “There is still another view of (his question which tlie same writer presents with great power. “It appears by tlie acts ol the Convention, that though it was deemed iinadvi-able to entrust Congress with a power to promote nnv great local interest of particular States, yet, that it was con Piucred, that there would bo a manifest impropric ty in depriving any one State which might choo-c to encourage Us own manufactures of tho nican of doing »u. The usual mode hy which domestic manufactures are eucouraged, tve all know, i«hy premiums, pecuniary bounties, and prohibitory duties; but all other modes are inexpedient and inefficient when compared with prohibition. If Congress could not lay prohibitory duties except for the general purposes of the (•overnmont, and the States could not impose them lo protect manu factures, one great motive to the Union would have been defeated, which was, that the States should not, as regarded their iutcrnsl relations or their power to regulate their own industry, be in a worse situation than before. Hence, it became nccessaty (hat the States should not he deprived of *he power of laying prohibitory duties lor the convenience of their imports or exports, or for the j purpose ol protecting their own manufactures. " hen, therefore, that clause in (lie Constitution came to lie considered, which restricts the States from laying duties on imports or exports, the sub ject of manufactures directly came into discussion.” “After many propositions and efforts to amend U alter, on the 15th .Sept., the clause was finally a greed to, as follows: “No State shall, without the consent of Congress lay any imposts or duties on imports or exports except wlrat may be absolutely ncccs-ary for exe cuting its inspection laws; and the net produce of all duties and imposts laid by any State, on imports or exports, shall be for the use of the Treasury of the United States, and all such laws, shall be subject to the revision and control of the Con gress.” “Were an hundred men (continues our author) to road this clause in the Constitution, f would ven ture to say, that ninety and nine for a while would he ignorant of the true design of its introduction. -Abtraclcdly considered, it if inexplicable, and to me, and perhaps jo others, would have remained fo, had not the subject of domestic manufactures come into discussion. The design of the clause is now at on* c seen. A satisfactory explanation is instantly within our reach, ft was inserted, for the purjio.se of enabling such .States as were desi rous pi ott. cling their own manufactures, either by export duties on their raw materials, or by im ports on foreign fabrics introduced into their limit*, to do so. with the consent of Congress*. No other solu'iorr is admissible. If this was not the Intent of the provision, I defy the Supreme Court or any ex positor to explain it. In any oilier view, it is an useless and a stupid clause of the Constitution. “But let us hear Luther Martin, bitterly com plaining to hi* own State of the total injudice. in his view, of this clause. 'By (Mr same section,’ says he,‘every Stato fs also prohibited from laying any impost or duties on imports and export*, with out die permission of the general Uovernment. It was urged hy us. that there might he cares in which it might be proper, for the purpose of en couraging tn.mufrcfur**, to lay duties, to prohibit the exportation of raw material-; and, even in ad dition to the du ies laid by Confess on imports , f°r die sake of revenue, to lay a tluiv, to d.-cour ; age the importation of particular ai tides into ; ! State; or to enahlc the manufacturer here, to sup ply us on at good terms, as they could be ohtaine I how a foreign market. Hut the most nr could oh tain, was, that this power might be exercised t»' the States with, ai.d only with the consent of Con giess, and su'-ject to its control. And so anxioti were they, to seize on every shilling of our monei (or the general government, that they insisted, c veil the little revenue that might tints arise, shoult not he appropriated to the use of the respeclivt States w here it was rollectod, hut should tie paii into the Treasury of the U. States; aud, according ly it i< so determined.” ** J bus, we have all our doubU dissipated as It this otherwise singul.tr provision in the instrument and thus too, we have a fresh instance of the wit tlotn ol the Convention. A mode lias been provi dod, by which at any tim-, the people of an\ one Stale; or number of States may protect theii manufactures, without charging the cost of sue! proVetion In the neighboring States.-This provision ol (lie Convention, to give the Stales an opportunity ol protecting their own manufactures, is iu exact accordance with the itmuutahle princi ples ol justice. '1 o snrter Massurh.iseit4, fur in stance, to .promote the success of her manui.ictiir ing establishments hy means of a National Tariff would be neither more nor less than to give ti greater advantages, and greater power too than she could have had, if site hail not diluted into the Union:- - . ** ^ Massachusetts then, will have manufac tures, Massachusetts must ho content to have them upon the usual terms. Her own citizens must pay the cost, whether It be directly, hy taxes for premiums or pecuniary bounties, or indirectly, by a tax upon consumption of the home fabric.” “ hitch appears to have been the real and gen uine object of this clause. After providing, in or der to prevent any disputes between the States, respecting the manner or the objects in, and fur which these duties might ho imposed, that the proceeds should he paid into the national treasury, |t penni’s each St tte far the purpose of protecting its own manufactures, to levy, with the consent ol Congress whatever duties it uny please to im pose on fateign productions. The States which I clicic themselves likely to he aggrandised hy the increased ol manufactures may tax it4 own ci zens lor their encouragement anti protection; the people who may lind themselves enriched by the increase of their towns and villages, and by the increased value of the productiens of their soil, will pay, as is most just, the price of these bene iicient establishments; and the farmer and the wrol grower, and the speculating adventurer and the merchant will all rejoice greatly to contribute to this tide of redundant prosperity. Let then, any State or States which may choose to kindle’their watch-fires at this new light which has just arisen 011 world—to adopt this new “American Sys tem, which has become almo-t superannuated in Europe, under the practice of a thousand years; let any State, we repeat, that chooses, adopt this system for its own people and its own benefit; call it hy whatever term of endearment or of admira tion the iinagatiou can suggest, laud it in strains ol unqualified panegyric, but in Justice, concede to every other State, the piivilege of eiyoving its own peculiar views,of perusing its own domestic po licy.” * Lz tracts from the Protest of the Gecrgia Le gislature. “ 1st. We oppose the Tariff Law, last enacted, because we believe it to be, both in its object and its spirit, unconstitutional. “ U if unconstitutional—1st. Because the pow er • to lay and collect duties and imposts, to j>ai/ the deb!;*, and provide for the common defence and general welfare of the United States,” is abused and perverted to the accomplishment of objects not within the sphere of direct federal le gislation.—The power intended to be given by the constitution, to Congress, is that of raising a reve nue, for objects specified. “ The l;‘te tariff destroys the revenue, and is intended and avowed to have for its object the en cour igeim lit and protection of Domestic Manu factures As it destroys, or at least diminishes the revenue, it is so far inexpedient. “ operates (hereby, indirectly, as an onerous I ts upon (he consumers of Southern productions So far, it is unequal and oppressive—therefore, it is inexpedient and impolitic as a general law. It intends to encourage and protect domestic manufactures, by reversing the accustomed course ol exchanges in trade, viz: the raw materials for manufactured commodities. It «l<ercby intindsto effect an entire alteration in the system of our commercial intercourse with for ign nations.— Hitherto, the trade of the United States lias been comparatively absolutely fioe; subject only to Regulations, expedient, when considered in rela tion to the raising of a revenue. The present ta riff restrains its freedom, and therefore lessens both its ex'ent ar.d its profitableness. “ 2dly. It is unconstitutional—Because, if it be defended under ilie power to 4 regulate commerce with fon ign nations,’ while the avowed object is to encourage and protect domestic manufactures, it is a palpable abuse of the power given by the language of the Constitution. For, under a power of prescribing the rules ot exchanging fo reign and domestic commodities, the powci is so perverted as to endanger, not only the prosperity of our commerce, but almost its very exi.--.ence, in the anxiety to accomplish an object, altogether domestic, and even sectional. An objecT, too, which the Constitution intends to effect, by means prescribed and altogether different from those used, tor, under the power to promote, ‘the useful arts,’ an ample and effectual general power, with a pre scribed mode of use, resides in Congress to en courage and protect all useful arts. To use ano ther and a different power, capable, indirectly, of effecting such objects, concurrently with that ob viously iutended to effect them, is an unconstitu tional abuse of the furm'er newer.” “ Flic greatest stimulant to the improvement ami extension ol the useful arts, exists in the power ri'M'lwnt in the Federal Government, to appropriate to imlividti.il genius and skill the benefit* of its inventions and discoveries. The Federal Conven tion, sagaciously foreseeing this natural progres sion of improvements, wi-ely withheld from Congress the power to promote them h> additional protecting laws. Hy this power the same rewards are held torth to active and inventive genius, throughout the Union. What further power could have been necessary? Can Congress incor* porate a company of manufactories in any one of the States? It cannot. If a powor of protection, other than that specified • to promote the useful arts,’ was intended to he given by the Cotixtitu'ion to Congress, why wax it not given in some direct, positive, iiidispulaole form? But an express refusal to give such a specific power is recorded on the journals of the Convention! And the power grant ing patent rights for inventions and discoveries substituted as more expedient. A power highly remunerative and incapable of oppressing. “ A tariff for raising a revenue Is constitutional and necessary. Further than this, no object was intended by the power. The legislative power of the several States is the proper power to promote manufactures, hy incorporating companies. 8m h is the common mode of concentrating the wealth of individuals, and rendering it, when thus united, competent to do what individual* could not cfleet Such too, arc voluntary associations, formed with the hope or the sertafnty of particular advanta ges, and as such, their etSorts may be considered as private enterprises. Thus, there exist two proper depositories of powers capable of produc ing the same effects, hy two different modes. T he I’cdemi IV-ycr,.specified in the Constitution, (Ar ticle '1 l. a ction H.) * to promote the ar,s.’—And the Stale power of incorporating companic-, or giving exclusive privileges fir any specific objects, paomotive of its internal pto< perity:—for example, manufacturing companies, when circumstances hold forth to a combination of individuals, the prospect of prof'‘able exertions. llic«ft powers-rc, too, in slrirt concurrence. A judicious and necessary ta-iff may, collaterally stimulate domestic industry—srouse activity—and inspirit speculation. Such results may olt-u suc ceed upon a truly revenue regulation; and the fiet nt their following, proves the regulation to be ju dicious Hut what are wo to sav of a tariff which prostrates commerce? W hich operates so oppre« sively on the fair and honorable enterprise oi mer chants, as to produce the same effect as a law to promote smuggling? WB must condemn it a' i injudicious--and when wc consider the law (n have I lo-eii enacted to encourage domestic manufactures ,we must condemn it as uncoti«ti 'jtionai. Furthe’ - it such a power was intended to reside in Cm i grew,other than that expressly given,why did th . C onatitu'iou expressly forbid tlio imposition ofdi ,,e* °n exports.' Doe* not this exemption intent ‘ * v .UCf i,ry",ot,! ft absolute freedom of tradt r i ct (lie present taritf policy intcmls, hy a rovers . operation, to defeat the effect ol that exemption. 1 ----- | l| | | | n | , t VIRGINIA LEGISLATURE. HOUSE OF DELEG 1TPS I ThnrtUau, Jan. 1, IS2J.—A Communleatioi was received Irom the Senate, that they had pass til the hills—* To amend the act entitled an act t. ’; provide lor holding special terms of the Supcrio , ( Courts of Law in certain eases, and for other pur , poses —• I o alter the time of holding a separate e I hscfion at the house of ISenjauiiu \Vright, an the county of Mason'—'1 Allowing Michael Smith,! freeman ot colour, to remain in the Common wealth for a limited time’—arid ‘Allowing certain free persons to remain in ihe State for a limiter tirue And that they had passed, with amend ■iients, the lulls—• 1 o authorize the erection o gate* across the road leading from l\.,kersbuig tu | Marietta ; ‘exempting old men from certain pub | lie duties ; and ‘concerning separate clcrtions ii { Randolph county And that they had agreed U : the resolution,with au.anienduient, *ior auexamiua lon cl S co y t re -k’ All tin se ainendincuis were concurred in. 1 he order ol the day, tor the election of the 1st and A! Auditors, llegister and Treasurer, was then read. Mr. Atkinson of Isle of Wight, moved that the House proceed to the election of an Au.litor ofej’ubhc Accounts. Mr. Miller or Powhatan thought that the House ought not to make the e lectiou, until ihe committee appointed to examine the Auditor * Office, See. should have made their report: that it would be establishing a hail prece dent to proceed to the re-election of an officer until the House should be officially informed whe ther the duties of the office had been pioperly dis charged. He did not mean to insinuate, that the present incumbent had not faithfully performed his duties—on the contrary, under his present im pression, there was no man in the Commonwealth for whom he would vote in preference to him, ftc. Mr. M. moved to poupoue the election till the Stli instant. Mr. Craig said the coinmitlee had nearly com pleted their examination, and had only to make up their report, which he thought might he done the next day. It would, lie believed, contain no thing which could operate against tho re-election ol tlio present Auditor. Mr. Nelson said, the Constitution and laws re quired that these officers,(Auditor and others,) should he elected annually -and he understood that the practice had bepn uniform, that they should Hot he re-elected until a committee of the House had reported, fcic. He thought the prac tice was founded Mp« the principles ol our gov ernment, and sanctioned by utility and justice._ 1 He believed this officer had conducted his office property, fie. Mr. Carter observed that the Auditor’s terra ol service would expire that day or the next. He thought that the a-snratice made to the House by the chairman of the committee (Mr. Cruie) ou-dit to be satisfaciory, &c. * finally, the election of Auditor was postponed till Friday. * On motion of Mr. Witcher, the election of I reasurer was |K*>({Kmeri till (he Dili inst. The Senate subsequently addressed a message by Mr. Cabell, announcing their concurrence in this postponeineo t. The House then proceeded to the election of tlie Seccml Auditor. Mr. Miller of Powhatan, nominated James Brown,jr. lie said he would not attempt any eu logy of Mr. B. alter the report of the committee lie would only say, that he thought him eminent ly qualified, not only for that office, hut for one of a much higher grade. The ballot then took place; and Mr. Miller, from the committee to examine the I ballots, reported tbe following as the result: For Er.wn 163, -catering 1. j The House then proceeded to the election of a j Register of the J.and Office. I Mr. Nelson nominated William Selden, the pre | sent Register. | The hallo’s were carried out, and Mr. N. re j ported the following result ol the vole: For Selden I 158, scattering 3. | <J" motion ot Mr. Atkinson of Halifax, i . . Resolved, 1 hat this House will proceed on II hursday the 15lh inst, by joint ballot with the Senate, to the election of a Brigadier General of : the 11th Brigade, Virginia Militia, to supply the vacancy occasioned by the resignation o! Jhi'd dicr General Edward C. Carrington. On motion of Mr. Parker ol Northampton, Resolved, That the Committee on the Militia laws have leave to bring in a hill, so to amend the ; *J"S lela'ing to the militia, as to provide more ef ; factually that the several coin|utnics shall hare the number of officers now required l.y law; abo, to provide that whenever the commandant of a Bri gade, shall attend any Regimental muster within : his command, it shall be competent for him to ; fake command of such Regiment. A report from the Committee of Roads and In ternal Navigation, declaring reasonable the prti • Hon of the trustees and other inhabitants of the , town ol Manchester, (who pray that the said trus tees may be authorized to extend the canal now opening on the common belonging to said town, thro’ the abutment of Mayo’s Bridge, &.c.) was ta ken up on motion of Mr. Mayo, who moved to re vor ,e the decision of the committee, by substitut ii g lor the words is reasonable, he rejected. Mr. Mayo argued at great length in support of the proposed amendment. Mr. Burfoot and Mr. Doddridge opposed the a mcndinent; w hich was disagreed to, and the reso lution of the committee concurred in. On motion of Mr. Duncan, the House adjourned till io-moiiotv 12 o’clock. ' «r*ROAY—A communication from the Sen ate announced, that they had passed the bills—'To c.iange the time of holding certain Courts’_‘To change the place of bolding a separate election in the county of Preston’—‘ Concerning the town of Jeffersonville, in Tazewell county’—* Disposing ol a sum of money in the hands ot the Ex aminers of Branch Pilots, on the Rappahan nock River ’—* To amend an act to incor pirata the New Baltimore Manufacturing Com pany’—^‘ Releasing to Mary Wagener the’Com monwealth s right to a certain legacy’—and ‘'Concerning the Poor Children ol the Parish of Duttengcn, in P. Wm. county.’—That they had receded from their 2 I amendment (which had been disagreed to by Uic H. of D.) to tire bill—‘ To au thorize the inhabitants of Wcllshurg to raise a sum of money by Lottery’ be.—anil that they bad passed, with amendments, (he bill • To authorize Arch. Brown to erect a Poll-Bridge across the Mattapony River, at Dunkirk.’—On molion of Mr. Willis, the last bill was laid upon the table The joint order of the day, for the election of an Auditor ot Public Accounts, was then read; and tho House determined to proceed to execute it.— Mr. Craig nominated Jan. E! Heath— observing that to attempt a eulogy ol that Gentleman, (well known as he was,) would be little less than mock ery. The vote, was then taken, and Mr. Craig, from the Committee to examine the ballots, reported the result to he : for Heath 175, scattering 9. I lie engrossed bill, “ Concerning Thomas W White,” was taken up. The bill proposes to al low a sum of money to Mr. White, as a cn. 'ion lor the loss which he has su-tained, (as it l» alleged,) in a contract with the Executive, for printing sundry Journals of the General Assem bly, kcj—the Executive having ben, unable fully to comply With the terms of the eontraet, on their part. Much lime was spent in attempting lo fill the blanktin the bill tor the sum to be allowed to tiiin. the blank was finally filled with *500 |On ll..- rpiestion-* shall the bill pass?’—Mr. Wool hrtk Called for the ayes and noes,aud they were ac cordnigly ordered The vote stood thus : ayes M Noes 9H. So til,, hill whs rtijeclrfl. i Sprakpr h#*for^ the llou’c a coinwuni i f»tio:i from the Governor, inr!o«ing a letter Irom 1 i*'.B <;"vcrnor of Georgia, relative A. the Map ol A irginia, which had been presented to that Stale; | which was laid upon the table. Gri motion of Air. Oldham, leave was granted to bring in a hill, to repeal the net, entitled in act vesting in the Trustees rtf the free school in St. Paul’s Parish, in the courtv of Xing George, for • the use of 4he sa;«i school, the sue, tbe churc e (hereon, and tlie vestry house in tlie said Parish. On (notion of Mr. Carter, the Committee **.*i , pointed to enquire into the state ot the B.uiks, ha. ■ leave to sit duiing tlie Session of the Hous *. ;! On motion o» Mr. Murdaugh, the Committer ' f?r ivo.ids 11 ml lntern.il NavigiUon, were instruct • cd to inquire into the expediency of amending ai 1 art, entitled an act, to revive anJ amend an act entitled au net (or culling a navigable canal Vrou | .Nauseinond river to Somerton creek—will* k-avt ! to report by biH or otlierwise. i J On motion of Mr. May, the Committee for C. o ‘ I •hstice, vveee instructed to inquire into the expo i j dicncy ot amending the laws concerning Bills o Exchange, ttc. as to ieduce Ihe damages on lor eign bills protested, and so as to alter tlie mode ol pioving notices ol the protest ol all G/JUU xvsl notes—with leave to report by bill or otherwise. "*r. Pitts offered the following result:!ion: Re so.ved, That the Committee on the Militia Laws, be instructed to inquire into the cxjKnUsmcy ol culargiug tlie volunteer companies of tliis Cum monwcalrh; the expediency ol dispensing with the training ol the otficers according to the present plan, the expediency* of dispensing with battalion court* ot enquiry, the regimental, the two battal ion, and one company muster, and the expediency ol devising some better mode by which the com missioned oiticers shall be instructed in flic du ties that they have undertaken, but are not qualifi ed tc discharge—Disagreed to. . On motion of Mr. Witcho**, Resolved, That the • Governor & Councilor (his Commonwealth he ic | quested to lay before tlie House, a detailed report, i shewing the manuerin which the accounts ol the J reiuurcr ft Auditor have been examined and set ■ tied quarterly by that Department, since the lstof ! , "* stating whether or net tlie money in the 1 reasury Otlice, was ever ascertained by said Department, or any Committee cf the same, by an actual count, and it so, at what time; and speci fying when they discovered any defalcation ou the ; part of the late Treasurer, and in what iiiannur.aud at what time, such discovery was made.. * i On motion of Air. Aliiler, ot Botetourt, the House adjourned. * -v FOJi THK EJVQU1RER. Legislature of Virginia* Permit an humble individual, xvho has reflected • much uii the subject, to address a tew words to : you on the all-important bill which is soon to en I gage > our attention: 1 mean the hill to organize a ) Convention. Hadical differences ol opinion arc understood to exist among you, which, it not dif | passionately considered and discussed, must lead i to awful and deplorable rc ults. Coins, then, and let us reason together. The real difference is, i whether white population,or white population and J taxation combined, shall constitute the basis of i representation in the Convention? I maintain tlse : latter proposition. A« 1 write in the I ope to be I read, 1 wilt be as brief as possible, l or what, then, arc governments instituted among men? I j answer, to seeure the lights of persons and of property. These are the two great interests that j ,ie ut foundation of society. Hander either ; insecure, and society is dissolved. A government j based upon either principle, to the exclusion ol [ tit® other, could not last a day; or ii it could last, j il would be a hateful despotism, in fact, whatever ; it might be in name. If persons alone are repre sented, without regard to property, how is proper ty to be secured from undue burdens, or even j from arbitrary seizure and distribution? if proper ; ty aloue, the government would be an odious aiis ; tocracy, treading on the necks of the i»oor and 1 grinding them into dust and ashes—a government, in short, which no man has the folly or the liardi t hood to defend for a single moment. Hut that it | should be utterly excluded from all consideration m constituting a government, is a proposition total ly untenable. And why? it is property that, • through the medium ot taxes, must support the J government, in peace and in war. It enters so | constantly and necessarily into all the affairs of I t»eu, is tiie objec ot such eager pursuit, and con i sequently, ol such frequent contention, that it cons.i utes, of necessity, ju one shape or other, the subject ot nine-tenths of the laws of every na tion on the globe, it is the most fruitful source of legislation. Vet, it is to be excluded from l.*: consideration in the organization of a Convention, w hich is to determine the character cf the Legis lature! Look to your code ot laws, t-: vour reports of ca^s. How large a pot lion ot them is devoted to regula'ing and deciding the rights of property! Look to the expensive machinery of your govern uicii*, iii all its branches, legislative, ex—eiitivc and judicial, flow arc they' employed? Princi pally it* redressing wrongs relating to pioperty, and securing and maintaining its ri 'his? J low paid? Hy taxes on property. And shall property' be tin own entirely out ot view, iu apportioning re- ! presentation, whether in a Convention or Legisla- * lure? Shall taxation be thrown entirely out of ! view, in apportioning lepresentation? siich w;w ! not the opinion of our ancestors who achieved the i revolution. In their opinion, the ideas ot taxation ' mU representation were inseparable; and in du- ■ feuce ol that principle they lought and bled and conquered, and transmitted to ns the fair inherit- 1 .nice we now enjoy. Now, 1 ask, and 1 ask inso | her seriousness, what difference there is, as to ail ; practical results, between no representation at all, j and a representation inadequate to its orjoct—to j wit: the security and protection of the represent j cd? Ponder this question, and moku the applica i lion. Vou shall heur from me again. A. H. COMMUJSriCA TE D. O* The Executive and Auxiliary -Committees I appointed to make arrangements for the approach- ' : H1g fair, tor the benefit of the Female Humane I Association of this City, are respectfully requested | to meet at the residenc-: of Mr. Hailey, at the | Corner ot E ami 9th Streets, on Monday next at . 11 o'clock A. M. if fair, if uotthe next lair day. The Pittsburg Gazette of the 2tith states, that j Gen. Jackson had left Nashville, on his way fori [Pittsburg—and calculates that if he met with no j I extraordinary detentions, he might ariive at Pitts [ burg by the 2d or 5th of January.—But the Gene j r.il was to dine with the citizens of Nashville on 1 the 22d ot December.—The following correspon dence had passed between them on this subject: IN VITATION TO GEN. JACKSON. j Nashville, Doc. 4, 1828. Sin,—Your fiiends and neighbors of this place 1 having felt a lively interest in the recent election ol Chief Magistrate of the United States, beg leave to tender to you, through us, their sincere congratulations, that you have been selected by the treetnen ol the Union, lor that disliiiguUhed station. Having the most unbounded confidence in your patriotism and zeal, for the good of our common country, end in your Qualifications tor the dis charge of the duties of that high and responsible office, they cannot but rejoice, that the selection has fallen upon one, who has furnished sa many proofs ol his devotion to the republic. “ Indulging in the feelings which the occasion : has produced, the citizens of Nashville and its vi-! cinity desire an opportunity ot testifying to you personally before your departure lor Washington, fhc'r continued confidence in your character mid attachment to youisfelf; and tor that p'.ir|>ose have appointed us a committee to invite you to pritake of a dinner and hall, to be given in Nashville', at such time as may best suit your convenience. “ 1 hat your administration may giealiy promote the. public good, that it may meet the approbation of a grateful ami confiding p rylc- that you may be preserved in health to retm n and spend m-'< *• happy yeass among your htouts and n ighbara, i thu sincere wish of Most Respectfully, Josiah Nichol, Uhtn Tho. Claiborne, J P. Clark, S H. Marshall, Solomon Elatk, Goo. Wilson, W. II. Wharton, If. E. W. Earl, W. Campbell, Thos. Martin, It. Armstrong, Win. Carroll, E. H. Foster, C'h. I. Love, if. AI. Rutledge. «' fUcrmber d, 1828. “ CrffTLEMi.r—The congratulations ol my f.ieods and m ight ois of Nashville and its vio.'in ty, on the result ol the Pro side tit ill election, are received with sufitiinonts ol the warmest A lti tude. •• To s'!vc* partiality of my fellow eitizcnf* must I ascrilto the favorable terms in which you are pleased to’peak of inv character ,.nd '•cr'-ice* in con ti‘Xioii with the fiiuire prosperity of our rotnmt n country. Should *he contingency happen to which your language rlluilu, I nave nothing to off:r, i 1 Piitiftiiru, but (lie pleOge of my best e^eptouv •'ud a reliance on providence lor a happy i*e>ue to lh» measures of my administration. 1 “ 1 accept with pleasuie your kind invitation, au<i name a*, a convenient time, any day between the 30th and 30th instant, that the committee inav ■ please to select. i ” I beg you individually, to be assured of mv re spect, and the deep solicitude 1 feel lor yonr pros t jH-rity ,«nd happiness, iu common with iny telfetv CllUt'Iis ol Du* id-on. “ i am very respectfully, ** k our ino-t obedient servant, _ “ANDREW JACKSON “Messrs. J. Nicl.ol,Ch. i It. K. W.Earl, Th. Claiborne, I W. Campbell, •L {'• Clarke, | Thus. Marti*', \ S- Mai shall, t R. Armstrong*, S. Clarke, Win. Carroll, *». Wilson, j E. 11. Foster, W.;H. Wharton. I Ch. 1. Love, [ II. Al. Rutledge." -Vr. Clay—The PiovidenceLiterary Cadet.an nrnmees, that Air. Clay will visit N. England du ring the next bummer—But another Providence paper announces another communication on tins same subject, which controverts the stateinentpind adds, “1 am strengthened hi my opinion, from the fact, of having seen a letter ot a very hie d.ito from Air. Clay to a frirnd ol hi-* residing in M»s sacimseUi. in which he says, tl.at he shall reman* in Washington, in the discharge of hi* official du ; lies, until the 4th of next March, wheu he • ill re turn to hi* farm iu Kentucky.” M alter Browne, Esq. has been dieted bv trie Common Council, the Mayor of the City of 'New York.—The votes were, Browne 23, Philip lion© 1, Peter A. Jay 1, Blanks 3. Louisiana.—The Electoral College met u' New -. Orleans on the 3d inst. and gave the vote of Lou isiana to General Jackson for President, upd J. C. Calhoun for V ice President. Robert F. Cantiehi, j was appointed to carry the votes to Washington. Mr. Latlande,a member of the Legislature from the parish ol Assumption, was deprived of hiss, at ou the third in»t. on the gionn l of not having th» property qualification required by the laws, at tl'.% time of his election.. [.Y. Y. Cam. .idv (■en. Cadw.allader of Philadelpiiia, is reeon • mended by a writer in the National Intelligent-, r. as a suitable perron tor the Secretaryship ot War, under Gen. J.ick-en's aduiinistiation. '1 he National Advocate of Nevy York any a, that j Lieut. Gey. Pitcher, Gen Root, Gen. Taltnadge, I Edward P. Livingston, Peter K. I.Lvings'on, Join* Sudani ami Mr. Hucklin, are spoken ot as randi dates to succeed Air. Van Huron in the L‘. State*. •Senate. PIED,]— on the 18th u*t. at M nut PrnrMtnc*. ~;n* ai d (Juat i) C« liuty. of bihou* fever, I'aruL Ann Oaiuti. the y< uu» c?t daughter of the late Henry Uninta, in the 17th .yeai cf h<r*gr. She possessed rare endowments of mind, I*' th ut tive and aoqnirtd- devoid of affectation- with *re*t sinctri | ly of heart, ammhUness of temper, am! simplicity of fuannt r, i tier life and c< nduct writ cLaniltiacu by uncommon puri'y I ami innocence. • J I Altu rally eg she tea-nt the lessen winch few attain hut I fr.'u, I lie hi'tei experience ofadvamred run- “the vanil, ci lull sublunary Ihinrv,”— with a s-nsihi’ity singularly acute— the coii'taut a-t.. iRte. nf refined feeling-, virtue, amt genii i : •"•had turned witli disgust Item the laalii'inehle anneuniis and aaetics of life, t.> the solid plea u s b derived from te | lic'-us exercises—fivrn studs At me I In gratifying hei taste f»> polite I it- : • j-.- and her fondr.e., I for hooks, aliuo-t tvnj subject btrain, acceptable ti, her ir ■ | uiiisitive in.ml; but she devoted much of bet time to the I dy of Ancient and Modem Iliatniy, in -..bich she bad made | • ich considerable attainments as displayed prr-etsiilicnl power* | of meu.ury and judgment.— For year*, it is believed, she had not railed when -is health, to read evety da, a portion of the | scripturei Iler sentiments and her conversation w»:a fulled • P,e'X dr devotion.— H.r bear! was replete with ebristiau charity . —withtendvi eff ct- n lur her relations and frie.gda— neverthe I Iftt let Ibcro forbear lo Thty shouiri derive coiidU • Uoq in (lie grievous lots Xh«*y havr sustained, from the picas* ing r«flection, that u» her life bad been otaily without error * Mid her thoughts free from guile,—and as m sicku»ts and m health, she gave the mr.* satisfactory evidence that her |oiil bad been iuh*h-iI by the quickening power of Giace—jA« nut prepared for dmth— and tnai her sainted •pint, havir.* •liuspwCi! cvei the giave, dvr ells mi (he diviut prestuce in c ernal peace. residence in James City County, the 27t'& ult Mr. Joseph C. i hrutian, in the 33d yr*r bis are. leaving a wife and three infant childxeu, and numerous cju • uection?, to lament hit early fate* lUCUMOJW) I>RICES CURHEJVT. Tc-bacco, a I K hue, lh. a a > illides, Sceuith 1.5»|o Uo com to rridtll'c 3 I V a € Brandy, cog. cal. 1 20 a X ZJ D>. r filial, S|.£»a |-i jfo. Apple, 32, ST Fl.itir.rity luiiu I1PW in. .ate iWhuUv, 29 a St l>o canal 7 3 4.1 Hum West lodtp, 80 a 85 Wheat, hi-shel, liJalftM Uo. New England 36 a Sb Cu.m, 4 u 45 Wine, Marlene, 2 50 a 3 to Meal, uo. 05 a Mil Uo.SicilyMsiltna. "J v 3* Uo. Malax., 65.70 I aro„, par .b 7a J, Ten, Imp. 4c Uunp. 120a 141 Umirr, d... It a 14,' U-4 Young liyaou. 90 a 3 s Ci'lTep, do. 13 <t it. l-2'.Mula«ies, 30 a 34 Cotton, dj. 9 1-2a II Hemp, n-r 100 Its. 6 0o Indigo, sl-s. >75 a 2 2&!ilar Iruu, d->. 4 50 a 5 00 Naif,cut, do. 7 l-4jl\.;k, per hM. H llife, do. 4.4 1-4 Shad, per 2.1.1. COO huger Loaf, lo. 16 a 20;Cul Ilvrrincs 3 a] Uo. Itr.'wn, 8 50a 1! 50l3.lt, per Stclr. 9 34 a <a tat. Donut-go Mahogany fiom 15 lo 20 cents per loot *■ do 10 to 12 .1., i’KlCEii OK STOCKS, u. S. ISang, 122 Hank Va. 01 talcs Fanners’flit:. 90 d0 COURSE OF EXCHANGE. North Cat olina Dank Notes 3 1-2 South Cat olina do 2.2 1-2 3.312 EASTERN DISTRICT OK VIRG IN I\7to~vui / DE It remembered, that on the eighth day of 1L. ti ; November, in the filly.third year of the Jodepen d'.nceol tb» U. 8 ul America,'THO’S W. WHIT t of the said District, hath dsponted m this ulhce ll.« title of a book, the tight whtieol he clttuis as proprietor. iu the wo: df follow in *, to wit; f "Edge-lhll, or, 7'fie Family of the Fitzroya.lt A JVbvtl. Hy A \ lRtil.MA.7. “Fierce tVar, and faithful love, And Truth severe,by fairy Fictiondrcst." G'day "Jn Two Uo tunics.” In conformity to tba Act of the Oougtets of the U. Dtatr* entitled ‘-sin art for lha enccursgriceut of learning hy st curing the copies of maps, cbatlt, antljho- k-, to the authors and proni it tots of such vop.e-, during the time therein c.eu ,'<mtd.'f U’D JEFFK1ES, Clerk of the Eastern Uis'tof Fa. 1,/In answer to lbrvan->as iuquiiie*, vrrl.al and wrillre •sliichliave hetn made, the rolili-hei announcer, that th« foiegumg svoik t. tu press, and will appen ,n about four weeks. As the muul-ei ilc<|i.s se-llbi limited, Uockaeller* and i-theis who wish tu inssi >s tin in, wi uld do seefl to leava their names with the Fuhiisher, witli Mr. Jno. 11. Naih.Messta. Colin s Ac Uo., or W. li. Fitiwhylsonn. I./ The aulbo- ot the above ssoik n usiFxac n, nowithstar.rN mgine many ingenious c-ijeciurts sshicl. aie ad,at. 8~_____ 74—w4t notice! — rpiIK Urrector. of the Drocke Tumpika Co., have declared J. n Uiviilend of r> per cl. for lbt Im ?iji Beouths, which will' be p-ii I to the Stockb dJers ou appluah -i» at the store of (be 1 Biibtcrsber. J. II U8TAUK, Bec’v. D" »•_ 74- 2! THOMAo C. ArMOUY, ” /COMMISSION tit. of iheBuperu.1 Uouit of Chancery for ,.ie District d VVilliernshuig, having . blamed a license U ptact ce the Law, offers In. services • • tin public as an AttOi nry at Law. lie mil take bu mew in the 8upe;ior A lufetN "• Oiouceste , Middlesex, and Msllliews Counties. — Mis i-snce is kept at Gloucester Uouithuuie, whete he itisv he found at any time unlew xtlen-lina <he Coutts_Any bm- - nisi c-mnded lo him will be prstnntly atleudnl to. -J"’ a~_ 74— w3w i/i turnover Lountif Court, Svttl. 2l:'i, 'r, AV ID sl'iuh.K, u h. cer, Davto 8 iter »dlT“ L-iyHpit.r, ilir (lire* tail o1 wh«iu are children of Benjamin Spicer, .1.. M, Olie-I.y ]'i,„ ker ai.-i 1' .lly kit w.lc foiui’iiy J'llly Spie r, and Wn J lint n and Sf, ante, hi.’ wile loin.nU btaucej 8pc«r, which "id f.t.t ttmlloo... David and Benjamin Kp.c.r, I» lly Tha ker, c-.d *iaute* J ohnron, writ cinidiei. ol David S,i;er. dec’d, nui ftgftilklt v Nathaniel Dickenioo, tdn.’or de h.jix non r.f lieeid Spicer de. d, John Daei. and bnraima hu wilr, b.r.ne, ly Snrann* Spicer, Thoma. W. Spicer, Hen y Hpicer, John 1. Sun. an,.’ K"',l"", Wlf’- > • • o ,>icer, diu /r. iace.ru * Tb » day Came (Jit- plaml (ft by (li»jr con-,ref, and the hili ami iiuw-r ol tbe defendant, Na'liauirl Dirke'iron a.t in’if de b' 't in i ol D.yid Spirrr der'd, being filed, am ■ he other ilrteniiar.lt, no! having enteied ib-ir appeal anr* an I give re. only ei < in ding lo In* Act of A.•not y ■ , , role, ol Uut font l, an . il appearing the aalirla li-di of tin 1 C Iiirl, that they air I.o ii h wn'anlt ol tin* i .mm i.***;•(,-, or. the mo-ion of the plaint.ITa il u ordi rt.l, ii.at (he ,ml defen tiatilr, Joi n Davit and Hurauna hi* wife. S mrnai U’ (Jp,cr( Menf) 8 Iftei, John I* Sun* and Khatb-tli bti wife, appeat litie on I lie li.rt day nf iA**ch court near, amt antwar Ihe plaintiff,’ ml hi, and flial a c *|*y of tint older be forth I * ,!l •" t-n«f!iif»r, a 0-w.pep.r p. V'-hel n, the city of iln . nofid, ful IWo n r.nlht «q< i e.,*i rely, ami that an i.ibe. . op/ be po-ted al the fmni ib or ef the coutlhonae of ihu gounty. A copy, Te«te, , . pmur u. WINSTON, r. m. e. ■T"" ' _____ 7«lwe„ NOTK K. U f ILL herald for rath, on ftl uniay the £th nf Jan neit in It lot of ibe Hell Tavern Hear in the nt* of Itn btnopti (»n nr fifleeii veiy likely negroea confuting of youa* w,mat boy* and girlt WM. ARMlSTKAD, > IVora of TMOS. II. TERUKI,/., j; fm. Am, tfond rfe Dec. rr. flUtu