Farmers' gazette, and Cheraw advertiser. (Cheraw, S.C.) 1839-1843, August 11, 1841, Page 150, Image 2
this year my course of experiments. How
Frequently do we hear the opening of lands
alleged in excuse of neglect in many op.
crations essential to good husbandry. 11
execuses the wants of manure, the inefn.
cioncv of ditches, the insecurity of fences
the delapidated state of the plantation
buildings, and the wants 'of many com.
forts, which as enlightened citizens anr
men of substantial wealth, we should noi
want.
I am no enefnv either in theory or ir
practice to the clearing of our forests?bill
I think the time has come when it should
he done with greatj-aution. Our uplanc
forests of prime quality are nearly exhausted.
They are our only resources in the
country for good fuel, an article which in
some vicinities has become frightfully
scarce. Unless necessity therefore should
compel, or strongly advise their destruction,
they should I think he husbanded as
^ 1 o
a resource ot wear.ii anu eormori
at no distant period. The system
pursued by our predecessors
was, to clear a piece of land and
cultivate it to death. It was Ihen suffered
to recover some strength and throw up
another growth of trees, while other forest
lands were subjected to the same svstem
of exhausting cultivation.?In the
course of time the new forests were again
reduced to cultivation and a^lin exhausted,
but in a much shorter period than at
first.
A system of rotting then followed.
After a long period farmers began to apply
manure, and now commenced a system
that promised really to give to the
planter the character of a cultivator of the
soil.?Now we may look for improvements
that shall be permanent, and it is to aid
in perfecting this system that I have felt
it my duty to contribute my humble efforts,
by saying a word or iwo in favor of
lime.
Many a planter who would shrink from
the appaling labor of liming his land, will
not hesitate, if it is convenient, to clear
land, even though it may not be necessa;v.
Let us estimate the labor unnecessary
to prepare for cultivation a field of
ten acres, by the two methods of clearing,
and of liming.
Let u? suppose first a piece of prime
upland to he cleared, then the labour account
will stand as follows :?
1st. Underwooding?to each acre 8
hands : equal to 80 days work.
2d. Felling and cutting up
trees, 8 hands equal to P() " "
Id. Log rolling, firing. &c. :
to each acre 2 hands, 20 " "
4th. Listing : to each acre 8
hands, 80 " "
5th. Bedding : to each acre
8 hands, 80 " "
240 days work.
To obtain this field then, requires an
expenditure of three hundred and fortv
days of labor. No account has been taken
of the labor of women and children engaged
>n raking, firing, dec., nor of the
labor necessary for ditching, fencing, <fce.
During the first year of cultivation the
usual task of half an acre cannot be performed
even in the labor of preparation
for the second crop, short tasks are necessarily
given. This field will culturo con
stant cultivation for five or six years.
After that period it will require rest and
manure. The first crop it must he observed,
is always an uncertain one. A
prudent speculator will never make a large
calculation on the issue of a crop sown
on fresh lands. Let us now suppose an
exhausted field to be brought into cultivation
with the aid of !im".
1 have already stated that it required
the labor of three days to procure lime enough
for one acre of land, at the rate of
n hundred bushels per acre. Thirty days
labor will then be required to manure ten
acres at the same rate. Suppose the
quantity doubled and two hundred bushels
be applied?here then will he required
the labor of sixty days. Add an eq tal
number of cavs for buring, hauling and
spreading, and the lime will be on the
ground at the cost of one hundred and
twenty days labor. Deduct this amount
from three hundred and forty, tho time
required for the preparation of forest land
and there will he a balance of two hundred
and twenty days left to devote tc
any other preparation of the land you may
deem advisable. The lime once spread,
the labor is over ; full tasks become the
order of the day and the planter may rest
with the assurence of all who have given
the lime a fair trial, that he has put or
his hand a manure whose beneficial a
gency time,so far from destroying, will
continually develops.
It is a common opinion, that Clovei
will not endure the hot sun of South-Car
olina. This opinion is not more prcvalen!
with us now than a similar opinion res
pecting the adaptation of the climate o
lower Virginia to Clover, was a few year:
since in that State. Since the introduc
tion of the use of calcareous manures the
cultivation ofclover has become universa
in lower Virginia (r.)} It is evident there
fore, that it was the want of something ir
the soil, and not the warmth of the sur
rays, that was at fault in Virginia. 1
have for three or four years past, beer
watching a little experiment which indu
ces me to believe that it is not the sun
but the soil of Carolina which is fatal tc
the growth of clover.
A few years since I received from r
friend several varieties of grass seed*
which I planted in my garden on the bor.
ders, immediately under the walls Ai
the commencement of summer I had i
promising crop, hut in autumn it was al
dead. The following winter I observed i
single plant of clover growing on tin
north border. To this plant I appliet
lime liberally. It flourished during win
ter, and in May proved to be red clover
The following winter, the clover was stil
there. It had continued to improve, ant
Iddtfair to overrun my garden
| Now this I admit is a vejy small experiment
to base a large hypothesis upon
j ?but it is not on that account the less
J valuable. Here is a single plant which
has survived the first summer, observed
during the winter, small and sickly, treated
with lime, the manure which all farmers
have declared to be indispensable to
clover, thriving under the treatment,
bearing with equal success the heats of
'33; the droughts of '39, and the rains of,
'40. It must he observed too, that if the
hot sun is injurious to clover, the position
of this plant has been a most unfortunate
one. Placed on the south side of a wall
it is never shaded hut by the very early
and late sums of our longest days, and in
addition to the direct rays of the .sun, it is
exposed to all the heat sadiated from the
wall.
I do not despair of seeing lime in general
use in the limestone regions of SouthI
_ o
(Carolina. Improvement of all sorts are
slowly adopted by Agriculturists. In
consequence of the great absence of planters
from their estates, they adopt new
methods mote slowly than any 'others,
who derive their subsistence from the soil.
A few years since it was a mooted ques. ,
tion at every parish club in the low coun.
trv, whether the profits arising from manuring
our fields were great enough to auO
~ (
thorise the expenditure of the labor ne.
cessary to collect the rnanure. Nor was
there wanting many who even doubted
whether it was of use at all.
It seems never to have entered into
the minds of such persons that the high- 1
est attribute of man is his capacity for im- J
provement to an indefinite degree, not I
only of himself, hut of every thiqg com- <
mitted to his government, and that he |
never so completely fulfils his destiny as *
when exercising this capacity ; that Prov- |
idence has deprived ns of an Eden in order-that
we might, bv aspiring after its ,
possession, exhibit the greatness of our in- '
tellectual resources in lheir most benefici- |
<11 itspcoi , uiai iu impaii uiu vuiuc \>i unit
which lie has given us to use and transmit *
to our successors, is disobedience and a 1
wanton abuse of his goodness. Such re- J
flections have come to use when contrasting
our declining condition with the pre
sent prosperity of others, who in a more i
richly gifted region are following the de- {
structive example of our fathers. Ani- ]
! mal and vegetable manuses have forced , <
\ themselves into general use. and I have f
no doubt that in a few years we shall see (
the powerful agency of the mineral manu- .
res exerising the happiest influence over ^
the destiny of this Slate.
A SPECULYTOR. 1
_ I
Xo.'e.?I have carefully abstained from (
any hypothesis respecting the modus operandi
of lime. ->/r. RutFin is disposed to is
regard it as valuable, chiefly as a corrector <
of acidity, (d.) That it has other valua- i
ble qualities is highly probable. It has i
made me good cotton when the land im- i
mediately adjacent produced absolutely .<
nothing but a few scattered and half <
grown stocks. ,
Respecting the composition of our lime- j
stone, I have seen two statements differ- ]
! ing widely. Dr. Johnson finds about I .
.thirty per cent, of magnesia. Mr. Shop- J
" i .i j'>r I 1
am nnds 111tIc or none, anil imsamerence ;
too in specimens from the same locality. *
(e.) Viewed as a corrector of acidity,
the magnesia is perhaps as valuable as (
the lime, and the value of the manure
would not he less in conscquenco of the 1
presence of so much magnesia. Writers I i
on agriculture have always represented , <
i mngnesian earths as unfruitful and un- j
grateful. This may he true, but it does .
! not follow that a small quantity of mag. ' ,
j nesia added to the soil may not he advan-j ,
j tageous to it. A soil overcharged with j t
! lime, would he as poor as one overcharged ^
I with magnesia. I
Apart from the mechanical agency of
lime on soils, apprehend that its value is 1 1
not greater than would be that of any oth- 1
Its alkali. I have seen twenty bushels of !
j ashes produce results quite as satisfactory i
j as a hundred bushels of mild lime. (/.) >
; Whether it exercises an agency for any i
j length of time, I have not the means of
' ascertaining, hut as an auxiliary manure
to the growing crop, I consider it so valuable,
that I have all the ashes on the plantat
ion carefully husbanded. A small reward
offered to the negroes induces them
not only to save their ashes, but (I have
had reason to believe,] to burn more wood '
for the purpose. Any one who has not
tried the experiment would be surprised
to find how much may he collected by
holding out an inducement.
[The above article has been 1
copied into the Farmers' Register, with
the following notes added by the editor.
| They did not reach us in time io introduce
; the marks of reference in the part printed ,
* | on our first page. We still add the notes.]
i j (<7.) We shall not affect to disguise the
J gratification which we have derived from
i reading this article, caused by the writer's
I high and grateful appreciation of our in.
dividual labors in this important departi
ment; as well as from his testimony that
' , J
the seeds of this improvement, which we
| foryearsjhavebeen trying to plant in South
Carolina, have at last struck root, and now
promise good and speedy fruits. The
unrL- has been at last he run hv
Ib'vu ? 7? -j
> planters, of whom the writer of the above
article seems to promise to be among the
most zealous and efficient. We have
however to regret, that, by his withhold*
| ing his name, and its authority, he has
i been content to be counted but as a
j 44 Speculator," instead of n practical opej
ratorand unquestionable witness of facts.
We earnestly urge him to persevere?and
(I while he may be the first in South Caro|
lina to reap large profits and increase his
j wealth from this source, he will exhibit
j such evidences, that his examples will
1 soon be followed by hundreds of his
i countrymen.?Ed. F. It.
I (ft.) All the marls sent to us from
South Carolina for examination were very
rich; nnd in enemical constitution and
texture might be deemed rather a sott
lime-stone or impure chalk, than marl,
such as is common in lower Virginia.
The last sentence above shows that expesure
to frost will serve to reduce the
lumps, so that the great cost of burning
to qtiick-lme may be avoided ; and there
is no usejin burning, except togreduce the
earth or stone to powder.?Ed. F. R.
(c.) This expression covers too much
around. It should be limited, first, to
r. * i. ? j- i .......
tne mariea lancis, as cjuver win noi grow
except where calcareous matter, in quantity
sufficient for the purpose, has been
given, either by the bounty of nature, or
by the industry of man. But further,
many persons have marled who sow clover
to but little extent, notwithstanding
its known value after marling ; and tnu*
they lose half the benefit to be derived
from this mode of improvement. If the
writer of the foregoing article,or even
any of his most incredulous countrymen,
were to visit the marled lands of lower
Virginia, all would be fully convinced
of the great profit of the
fullest extension of the same practice at
home. But we are sorry to have to
confess, that they would also see, and in
the greater number ot cases, abundant
evidences of neglect to draw full benefit
from this great source of riches.
If the legislature of South Carolina, or
the different agricultural societies of that
state, would depute a dozen of the intelligent
planters of their marl region to
visit some of the most judiciously marled
lands in Virgina, and to report thereupon,
we venture to assert that such visits and
reports would produce many thousands of
dollars of net profit in the course of a few
years. The later and permanent annual
profits of South Carolina, from this source,
and which will and must be secured at
some future time, should be estimated
iot by thousands, but in miliums.?Ed.
f,r.
(J.) The effect of calcareous manure,
n neutralizing the poisonous acid of soils
is immediate, and most manifest and
striking, and the first that affords profit.
But a far more important operation of
calcareous manure, though later, slower
_i? i.._i .u?* u..
tuu more ^liiuuiii, IS uiai uy wmtii it
;oinbi nes with a nd fixes vegetable manure
md productiveness,. in the soil, and to
which effect there is no limit short of the
greatest possible degree of productive
power of the best lands under the same
climate, exposure, &c.?Ed. F. R.
(e.) We have found no magnesia in
such spec.mens of South Carolina marl
is we have examined for that purpose, and
much question the existence of magnesia,
in quantity worth consideration, if at all,
in any of these marls. Dr. Joseph Johnson,
of Charleston, was the first person
who announced what was to us a novel
ind remarkable fact, that magnesia existed,
and in large proportions in many
)f these marls. We sought for it in vain,
,n such specimens as were within our
each. Afterwards we learned from Dr.
Johnson that he had been mistaken in
hat resoect. hv some error in his mode
>f analysis.?Ei>. F. R.
(f.) Wood ashes (after being deprived
)f their potash, which is itself a valuable
manure) consist principal y of carbom
>f lime and of phosphate of lime, l ne
former is precisely the same as the main
ind (usually) only valuable ingredient of
marl, hut in a minutely divided, and
therefore much more immediately active
state. The phosphate of lime is what
forms the earthy or solid material of
l)ones?the great value of which as manure
is well known to all well informed
agriculturists. Therefore it is plain enotigh
why ashes, whether leached or
not, should act admirably well as manlire
on lands deficient in alkaline ingredient,
and in fertility.?Ed. F. R.
Contents of the Farmers' Register.
xo. 6, vol. 9.
Original Communications,
Liming land without any beneficial result
James river water-borne marl, and its
expenses. Lime and cement from
stone marl
Manurings?improvement
Ornamental groves
"Best time for cutting timber"
Marl in Alabama
Nut grass?inquiry
On the relation of the constitution of
soils to their fertility a.id improvement
Trial of Hussey's reaping machine
Another trial of the reaping machine
Agricultural statistics?furnished in connexion
with the late cencus of the U.
States
On indicating and describing grasses
Wild onion
Failing to give literary credits
The cost of transferring the money of the
government?the cost of exchange?
C7 C
and the agency of a national bank for
lessening both
_ O (
Explanations in regard to a part of Mr.
Turner's address
The season and crops
The prices of wheat
The muscardine of silk-worms
Cure for the poll-evil. Castrating colts
Monthly summary of news
SELECTIONS.
French and American rural comforts
Extirpation of sassafras sprouts
State aid to agriculture in New York
Pear trees
Compost dressing for mowing grounds
Subsoil ploughing
An experiment in fattening white and
/ . .? k
black Berkshire pigs , I o
Of bottom heat . ! c
Bermuda grass o
New mode of transplanting turnips tl
Application of bones to grass lands p
Guano manure A
Green crop9?Ploughing with rows
The wire worm. Benefit of trampling
wheat a I
The scour in calves ' n<
Agriculture of the Netherlands tl
On irrigation
Sketches of Normandy ' tl
On the use of lime as a manure hi
The pork business at Cincinnati h<
The salv ing of sheep, with a view to the
protection of the animal without the ol
deterioration of the fleece sc
Agricultural legislation t!i
An account of the insects injurious to sa
turnips
Cultivation of the filbert m
Remedy for the bite of a snake la
The rose bu? w
* o
Uses of Iron h<
Management of bees. The subtended w
hive ' to
Address to the Henrico Agricultural So- a
ciety m
Garlic y<
Locality of the canker-worm,. a*
ar
O^T A man in Baltimore thought he tr
would sleep on the roof of a shed during
one of the late very warm nights. Be- cc
fore morning he rolled from the eaves to ^
the pavement, a distance of 30 feet, and
injured himself so badly that his life is depaired
of.
???????
sn
CONGRESSIONAL. hi
? VJ1
Senate. .
July 29. Mr. Mouton presented the
memorial of Monsier Gcnon, in relation
. as
to his system of telegraphing. Mr. M.
spoke of the vast advantages that would
be likely to result, from the adoption of
this system in time of war ; and moved y\
its reference to the Committee on Milita- ev
ry Affairs. (h
Mr. Mangum, from the Committee on j
Naval Affairs, reported the bill from the se
House for the establishment of a home ^
squadron, without amendment.
Also, the House bill to provide for the w
Navy pensions, with an amendment to
strike out the second section.
This bill having been taken up in Committee
of the Whole?
Mr. Mangum explained the object of ja
the committee in striking out the second
section fMr.
Woodbury was opposed to the hill;
particularly the latter section, which led
to do injustice and inequality; and the
whole pension system wanted remodci'ing.
_ p,
Mr. Williams was acquainted with this ^
whole subject. They were now paying
pensions to officers who are on full pay ;
and not only that, but had carried back ?
the date to the time the disability was
received, which, in some cases, was forty
years ago; in addition to all which, ^
they had added the widows of all those
officers who died in servicet He thought w
it would he as well to pay the pensions to ^
the 1st of January next, and then to place |
the navy pension on the same system
with the land service. There had been a '
continual struggle of officers of the Armv
r? . m
to be placed on an equality with those of
the Navy. Such a request was just?
both ought to be placed on the same foot
ing, and he should go for placing the navy
pension system where the military
stood, jlir. VV. showed how, by the law
^ ? , (ll
of 1837, the Si,200,000 of the navy pension
fund had been exhausted, and still
there was a call for $139,000 more, to
he met from the Treasury of the United ?
States. I cfj
The several section, which excluded |
many of those who formerly received per- j
sons, was stricken out ; after which there \ ^
was some debate, and the further consid- |
er.ition of the bill was postponed for a few I ,
days.
The bill to revive the district banks
i I Kr
was some time under consideration, and j q
the Senate went into executive business, j ^
July 30. The district hank bill, after q
considerable debate was passed its second
reading. '
The bill providing for a home squadron,
passed as it came from the House.
Monday Aug. 2. Among the petitions
presented was one by Mr. King from
citizens of Alabama, intending to migrate
to the Oregon Territory. The memorials
desire to go by the Isthmus as e.x
the best route, and ask that arrangements tic
may be mad by the Government to protect
them under the laws of the United gr
States when they reach there. Mr. Iv. su
said many of the memorialists were per- *?
sonally known to him, and were men of k(
worth. He did not think'that any ac- to
tion could be had on the memorial at this PJ
session, but early at the next session he
would feel it his duty to take the matter ^
UP- . te
Mr. Linn was glad to hear the ;emarks pC
of the Senator from Alabama. There ac
% r *i i 4 I
were now upwirosoi a mousanu Amen- m
can citizens in the Territory of Oregon, za
subjected entirely to the laws of the Hud- op
son Bay Company. He (Mr. L.) had
lately seen a gentleman from that region lfl1
who gave him a glorous account of the
settlement, its prosperous and happy con- a'*
dition, &c. The memorial was laid on
the table. J.
Mr. Calhoun presented the proceedings s
of a meeting in Cumberland county, Va.
in relation to the unconstitutionality of ^
the bank, and contending that it was not \y
nly (he right but the duty to repeal the
harter as soon as a majority could be
btained ; also remonstrating against the
ie distribution of the proceeds of the
ublic lands, as the forerunner of the
morican system.
The memorial having been read?
Mr. Henderson said tne unconslitutionlity
of the bank had got to be a hack,
eyed phrase much more easily assorted
isn maintained by argument.
The debate was furth -r continued on
lis subject between Messrs. Clay of Alaimn,
Henderson, Morehead, and Culoun,
when
Mr. Archer rasetosay that the people
f Virginia, en masse, did not concur
:arcely in any one opinion expressed in
ie memorial, and he would undertake to
lv they repudiated the idea ot repeal.
Mr. Calhoun said he should he greatly
istakenif the prople of Virginia, and a
ro-p nnrtinn nf th<> riponlo of the South
?- r ~ - i?i
estern portion of the country, did not
ild the same sentiments. He. said it
ouid he the most joyful act of his life
i vole for the real. He had no idea that
party should saddle on the country a
easure whu h would take up twenty-one
iars, when it was believed, and had been
iserted, that the act'was unconstitutional,
id dangerous to the liberties of the couny
Mr. Archer said that when neither his
illeague nor himself had beenj m;:d;
e organs of premutation of the proceedgs
of a meeting, it was to be regarded
i presumptive evidence that it was not
e voice of the people of Virginia which
>oke. He could tell the gentlemen that
s nullifying doctrines would never prelil
in Virginia. They were ready there,
all times, to repudiate such principles,
hey were as much against nullification
; they were against abolition.
Mr. Calhoun thought time would show
hat were the sentiments of Virgina, and
? looked with confidence to the result.
ras this bank, surrounded by itsstatelit.
'o be fixed on the country, without
e power to repeal ? If the bank stood,
1 the other measures would come of conquence?a
funded debt, protective tar(fee.?measures
destructive to liberty,
e thought resistance to these measures
as a cause as glorious as that of the
evolution.
Mr, Tappan made some remarks not
stinctly heard.
The proceedings were then laid on tfie
bie, and ordered to be printed.
After some unimportant business, some
me was spent upon the fortification b.II,
id the Senate adjourned.
House of Representatives.
Jnly'29t.h. Mr. Levy introduced a bill
revive an act of 1836 authorizing the
resident to accept volunteers for the dence
of Florida, and a bill to provide
otection against the Florida arid Georr
i r* . i n i . . i .
a Indians, uom reiorreu 10 cue comitfee
on Military Affairs.
The revenue bill was' taken up and
eeches made by several persons, among
em by Mr. Pickens, who according to
istom, declaimed loudly and fiercely
:ainst the rule limiting speeches to one
>ur.
July 30/h. The revenue bill was re.
irted from committee of the whole and
dered to be engrossed for a third read
g>
July 31st. A resolution was adopted
reefing the Secretary of the Navy to
quire into the expediency of aiding
dividual:* or companies in establishing
ics of armed steamers between Northern
id Southern ports and to foreign ports
id inquire into the expense. The rc?rt
to be made to next session of ConesR.
The bankrupt bill from the Senate
Lme up, when a motion to lay it on the
ble was lost, 91 to 123. It was then
dered to be printed and rcferre I to
ommittee of the whole.
The revenue bill, after some disorderly
:bate, passed its third reading.
August 2d. On motion of Mr. Scr;ant
the House took up the bank bill in
ommittee. Mr. S. spoko an hour in
ipport of it; after which Messrs. Mc
lellan and Saunders opposed it and Mr
tewartadvoca ed it. The debate will
obably be continued for a week, when,
tcording to the rules it can be cut off.
From the Charleston Courier.
judge butler's decision.
We would draw attention especially to
e following passages in Judge Butler's
:cellent opinion on the local Bank ques>n:
" 1. The questions, made bv the fore)ing
statement of facts, have been the
biect of excited nonular discussion, and
? ? ?
some extent have been prejudged by
legislative enactment. They are now
be decided according to the grave and
escribed justice of the law. The Act
the Legislature, which directs this pro.
eding, does not undertake to annul the
larter, hut it presupposes that the charr
has been forfeited bv the Bank's susnsion
of specie payments. What the
t has taken for granted, must, like other
iHnpo tw. enhmiffrd In iiidirri.il irorrni.
nee, and be regarded bv the Court as
en to free and lull investigation. The
-gislature has made no alteration of the
iv, by which the rights of the parties to
is proceeding, are to be determined; and
though the members of the General Asmbly
have indicated their opinion of
e law of thjs case, that imposes no oblation
on a Judge to conform to that
inion. The rights of the Corporation,
lose Charter is under consideration, are
e same now, that they were immediateafter
that Charter had been granted by
I III I 111 I IMIIH !! Ill IW ?
the Legislature. The temper of the
times may influence political bodies, and
change popular sentiment, but it. cannot *
change the rules of con*:ruction governing
private rights, under charter or contract.
I do not, therefore, feel in the least emban
rassed by any thing done by the Legisla
ture, in approaching the important legal
questions. isliich enter into the consideration
of this case.11
The concluding sentences of this exj
tract exhibit: a manliness and dignity,
I worthy of th<> judi' ial station, and illustrate
tiie value of an independent judiciary?which
is equally the corrective of
popular violence and legislative tyranny f
and, although the people may clamour,
and the Legislature may prejudge and at,
teiDDt tonernetrate wrnn?. an indenendeni
j # 1 i ? r ?
judiciary will ever fearlessly throw the
shield of I lie constitution and the panoply
of justice around private rights, and stay
the uplifted arm of lawless power.
Farther extracts from the opinion of Judge
Butler.
" Strictly spewing, a private corporation
has its franchise inclissolubly connected
with its legal existence ; and, after
it has been created, may maintain its
existence, independent of the control of ,
: the authority by which it was created."
j 44 The suspension of a bank becomes &
subject of popular attention, and general
interest, from the fact that it affects deeply
the concerns of society. I will not say
j that such suspensions, when brought
about and continued by fraud and combi'
nation, may not amount to malfeasance,
and be regarded something like a nuisance,
to he abated by judgment of forfeiture,
upon the offending corporations. Intentional
wrong deserves little countenance
I f.
from those who are employed in the judicial
administrations of-the laws. But the
legal effect- of suspension, per se, is the ?
naked question upon which I am asked to
pronounce my judgment. There are
events that would justify a bank in the
suspension of specie payments: such'as
war, and the acts of (Sod. Against these
it can not be supposed that human sagacity
and prudence are capable of guarding.1?
.4 juncture of affairs, brought about by
nil man agency, originating mjuuyw ??*?,,
Z>e imagined, which would compel
banks, in justice to the immediate community
around them, to consult the laws of
self preservation, Z>;/ suspending specie
payments for a time, as .tprret combinations
of foreign adl hostile institutions
against one bank. But I will not go into
topics of this kin:l. They were used with
great ability and address in the argument
of the case, bv counsel on both sides; but
they are rather subjects of a popular character
than mat tor-of judicial cognizanoe.
'The fact stated, that the bank continued
to issue its own notes after it had
suspended, was denounced on one side,
| as highly censurable in its<df, and of mis|
chievous tendency, vet the bank was ex'onorated
from nil intentional misconduct
in so doing. On the other side it was
said, that so far from this being anabuse,
it was the only relief the bank could afford
to the community, against the consequences
o; suspension; and that this
measure was resorted to, not so much for
the ?t.lvan<^ge of the hank, as from a de-:
; sire to grant relief to others. Now, if
I the bank, intentionally, by itself, or in
! combination with others, had brotfght
I about the state of things th:*t occasioned
the suspension, to mal.e unlawful gains,
by issuing depreciated paper, a question
of seriou< importance would have been
presented. As the case now stands, this ^
is tho fact, that, after the bank had re.j
f-.'sed to pay on demand its outstanding
debts, it continued to contract others of
the same kind. I' does not follow, from
this that it was unable to pay all its.
debts, ft seem- to be conce ied, as a legitimate
principle in bankihg. that a bank
may have in circulation hills to three
times the amount of its actual capital,
upon, wfiich it commenced to do business.
When a hank does business in this way,
j it becomes a hank "of circulation, operating
on its own credit, >vhich is performed
by exchanging its own notes payable to
bearer on demand, in coin, for the promissory
notes of individuals, pavnble at a fu
tiire fixed day: tlie Jatrer paying a per
cental per annum, equal to the interest
on a loan of capital, for the advantages
they consider themselves as enjoying by
dealing in the market with the credit of
the hank instead of their own." In such
an operation as this, the hank must rely
on its debtors, as well as its actual capital,
to enable it to meet its engagements.
The very nature of the business, however,
must always expose it to the danger of
supension. It does not appear that the
Bank of South Carolina has ever availed
itself of this principle to the full extent.
At the time of its suspension, it seems it
had in circulation of its own bills, $750,000?very
little more than half its capital.
Its ultimate ability to pay all its
debts was not denied. Its credit was unquestioned,
and when it did business after
its refusal to pav specie on demand, it did
so, without disguise or fraudulent designAs
a bank of circulation, it operated on its
own credit, with an ability ultimately tomeet
its liabilities.
44 It was conceded, on all sides, that the
Legislature has no control over a private
charter after it has been granted. Since
the decision of the Darmomh College case>
this is not an open question. A fter a private
corporation has been once created, and
private rights acquired under it, it would
be an act of legislative perfidy, to annex
new provisions without the consent of the
corporators .*
?1 do not regard the power to issue
* Sound doctrine and noble sentiment combined
; and. although having another aim,
how does it pot to shame the faithless politicians,
wh ?, g virg to parly what was meant
for tneir couniry, avow iheir readme^ to un-.
furl ihe infamous and jacobin banner of repeal,
against a new national bank, solemnly chartered
by Congress.?Char. Courier.