Farmers' gazette, and Cheraw advertiser. (Cheraw, S.C.) 1839-1843, August 25, 1841, Page 158, Image 2
relieved bv pressure on 'he flanks; hot at
other times ha evinced very great pain
frwuj jiwssiirc. I viiv Iint it was all over
\v:th h :iu a i? >?? I told ih-j owner. Tlic j
horse died the same evening.
On o;k"i ing him, I found i tumor IGIbs j
in we.gbt, t e colon a jaeahng to it, ami j
being twisted round it :ti throe places like 1
a c!a\v. It appeared to me to be an enlarged
and diseased mesenteric eland.? !
1 dess.cUd the tumor from the colon j
with scarcely wo indiirg tho intestine.? I
P. ;
T.iere were two places at which the co- ;
Ion was very much contracted; I hero
were i.kewise inflamutorv spots upon the
colon where it was twisted round the In- j
nior. In every other part the intestines j
were perfectly healthy. The weight ol (
tin* tumor and tiie contraction of the in- j
testifies caused the oholickv pains by J
the partial o!?lruction of the faeces which
they contained.
The tumor being removed from the in- i
testines, ami cut through, mucli resembled
a tuhcrculated Itng. It was formed of
different cells containing pus, or a chccs.
1. ke matter and in a hard cartilaginous)
substance, Some of the colls was as largo j
as a duck's eg:*.
The owner lie bought this horse war. i
^ i
ranted sob rid, and she summoned the j
man from whom she bought it, to return |
the price she had paid. I was called i
upon to give my opinion, whether the ,
horse was sound or unsound at the tim j
of the sale. I could not for a moment '
hesitate in stating that it was absolutely '
impossible that a tumor so enormous j
could have been formed in the short space j
of eight days. I also mentioned that j
the horse, before the time of sale, had J
oil en cxhil) ted apparently colicky pains, j
Mr Moore, veterinary surgeon at Hamilton,
told me that he had attended this I
horse during several months, nn 1 had ad- j
vised his iinployer to sell it. II u did sell ;
it at one of the Falkirk trysts, where it
was bought by Mrs. Blnek.
The price of the horse was leturnod to
Mrs. Black, and all expenses paid?II).
cookko food for sv/ivf..
Mr. Skkldox, of Muss., stated in a re- j
cent agricultural mooting in Boston, that j
fro n a bush*I of cook d meal, he had oh- i
j
mined 12 pounds of pork, while the same j
quantity of uncooked meal would not j
give h?ni more than 8 pounds of pork.?
I: has long been our opinion, that there
wpsa difference of about one-third in favor
<4 cooked, or fermented food, over
raw ; and we are morn til in satisfied the
cheapest plan to mike pork is to fue l
hogs as much as tliev run eat all th.
time. Farmer.s' Advwjt*.
?LI , 1 1-1
COL. CAMPBKLL'S SPESCU.
Speech of the J ton. John CrnphJJ, of
South Carotin u o:i the bill rein'inn to
Dlitis* and Drawbicks. P diver : I in
the House of Representatives of the Uni
ted States, July 26, 1S 41.
T ie **llid rela:?eg to D.i^es and Drawbacks'*
hung under consideration in committee
of the Wnole?
Mr. Ca;ip8??ll, of South Carolina,
r<we and said, that the chai man of the
Committee of Ways and Moans had based
hi* estimate of the probable annual expenses
of the Government for the fur
current years upon the averaga expenditures
of the four last, and had put them
at between 27 and 28 millions of dollars
- ij., koft nclimitnrl t!u? m?tt dfo
? J trtl I1U ua? ' r
cecds to accrue from customs under ex j
istinj* laws, subject to the reductions still
to occur under the compromise act, at
loss than ten .millions of dollars, and supposed
that there would he an annual de.
ficiency in the revenue of about eighteen
millions of dollars.
Mr. C was not prepared to hear the
honorable chairman, after having denounced
the extravagance of he late Administration,
so soon proceed to adopt h '
average expenses of ti e Government for
the four last, as a criterion for the four
current years?particularly when it was
well known that, under the late Admin- j
istration, large amounts of tnonev hail not
only been expended in erecting public
buildings and in extinguishing the Indian
title within the States and organized
Territories, but that millions hail been
swallowed in the vortex of the Florida
war, which, from all appearances, must
soon cease to bcasotirceof public expense,
except fdt the payment of such private
claims as may arise out of its devastations, j
Let it, also, he remarked that, including !
'"> nrnoo/?nti(in nf that war. tho expenses !
i,,? r
?>f tiie Government for the Inst year had
been reduced to between 22 and 23 mil- ]
lions.
Taking, however, the orobable drains,
O* i
upon the Treasury, which would occur
from the payment of private claims, from
appropriations for the support and increase
of the a ivy, the maintenance of a
home squadron, the support of the array,
for fortifications, and other expenses, and
we probably cannot safely estimate the
expenses of the government, even under
an economical Administration of its finances,
for the four current year*, at
much less than an average of $20,0 Ji),000,
which, if the land distribution bill.
passes the Senate, ami upon in? supposi- ;
tion that the chairman is correct in esti. \
mating the nctt annual receipts from
customs under existing laws, al less than
8lO,OOv),(K){), will leave an annual deficiency
in the Treasury of about ten millions
inicpen.le it of any provision to meet
outstanding Treasury note*.
According to the siu'miv nt of imports
Upon our tallies tlu? warning from'
CT * /
* *
>
the Treasury Department, the additional
duties proposed bv the present bill, should !
it pass mtoa law without mutilation, will j
probably produce an annual increase of
revenue of between eight and ton mil- j
'ions of Jo.lars?in amount not greater, I
it the proceeds of t -e public lands are ah- j
stracted from the Treasure, than will ;
probably ho found necessary to provide j
for all contingencies.
Here Mr. C read from the report of:
the Secretary of the Treasury, document
N o. 2 of the pr? sent session, page 5, the
following extract: 1 j
From the year 1816. tn 1887. a period of
21 years, the revenues constantly ex- !
cewded the expenditures. The average ,
annual surplus during that time was
$11,404,525 ST. (sac tables 1 and 2.)
making an aggregate excess of $240, i
784.761 27. Within that time, there
was applied ?o the extinction of the nn. j
tional debt $ JOS.792.127 41. and there !
was. under the provisions of. the net of j
the 231 of June, 1^30. deposited with i;
the States, $28.101.6 14 91, and flu-re j <
remained on the 1st of January. 1837, . I
f ?f.,fno 1,
in the Treasury or uk- umn-.i j
including the fourth instalment due to i
the S'ates, a surplus of $17,109,473 2G |
There were, also, out- ! I
standing debts due . |
and falling due to i
the Treasury, nri.
sing from other n
sources than those (
of the ordinary rove. t
nuo, and which were t
paid between the 1st r
of January; 1837, I
and 4th March, Ij
1841, the amount
of (sec statement D) 9,124,747 00 r
There were also issued, : \
within that period, 11
and outstanding on \t
the 4th of March, ]l
1841, treasury notes
to the amount of 5 6-18,512 40 r
I
Making the aggregate 's
available means r
which were in the
Treasury on the 1st i
of January, 1837. I
and which came in- t
to it prior to the 4'h r
cf March, 1841, over ' j
and above the cur- i
rent revenues 31,882.732 66 t
From which deduct tho i
amount (less the f
trust funds) remain- *
ing in the Treasury ?
on the 4th of March, 1'
1841 572,718-16 h
i.
I
An l there appears an
excesss of expendi- ?
ture over thecurrent ;
e fioi oirt /\i j
revenue 01 ?
Thus it appears, (continued Mr. G\.)
from documentary evidence of the high'<
authority, that, independent of making
p-nvision o meet the current expenses of
the G ?v.?r iment, we owe, to say the least,
n existing d^ht of more than 85,000.000
; an I whet hot the amount to he derived
from cus'oms shall rise above or fall
under the estimate of the honorable chairman
bv a few miliums, it is evident thn*
to avoid the accumulation of a nafio-al
debt in time of peace, some provision
must b'1 adopted bavond the existing tariff,
for bringing money into the Treasury.
True we had authorized th" issuing
of 85.000 000 in Treasury notes previous
to the adjournment <> ' the Ins* Congress
to meet existing liabilities and current expenditures
after the 4fh of March, and
had, since the commencement of the p.cs.
ent session, authorized a loan of 81 - 000.000
more. But although, the present
wants of the Government were thus provider!
for, he deemed it wise, as soon as
was convenient, to extinguish all existing
liabilities, and leave the resources of the
country unp'edgpd. No one now thinks
of calling upon the States for the 23 millions
deposited with them under the act
of 1835. I
In making this admission, however, he ?
did not pledge himself to vote for the pres. c
ent bill. For when he saw the means nt e
the disposal of the Government, and J
which had been placed as a trust in its t
hanJs to pay the debts and provide for (
the common defence and general welfare, r
wrongfully diverted from its true objects. v
as was proposed to be done by the bill '
which had passed this House to distribute I
the proceeds of the public lands, he com c
sidered that ho was called upon to pause r
before he consented to impose additional a
burdens upon his constituents, to supply a a
deficiency in part created by this act.? F
Was it for the purpose ot imposing addi- c
tionnl burdens on our foreign commerce 1
that you have agreed to part from this a
great fountain of public wealth; that you 11
have agreed to distribute the proceeds, c
not of those lands only which were ceded 1
by the differrent States, but the millions I
of acres that we hold by the Louisiana F
and Florida purchases?which were paid ; F
for out of the common treasury, and f
which there is no pretence for regarding j'
in anv other light than as the common e
property of the nation? The policy would r
hnve been more enlightened to have given
those lands to the settlers upon them ; to j f
have made the conquest of the wilderness J'
their pric.% end thus have encouraged ^
their settlement bv a hardy population. *
Restore to us these lauds; let the proceeds 1
arising from their sales he paid into the a
Treasury and applied to the wants of the P
Government, and I will most cheerfully 0
vote for any increase of duties, within "
the provisions of the compromise that *'
may he necessary to moot not oelv exist- 51
ing, hut to provide for such avicipa'V '
deficiency as may be expo - I i< arise
under an economical administration o; tufinances.
[c
The honorable chnirnan had said that,
in proposing to distribute tho proceeds of
the public lands** among the States, we pro.
posed not to divert them from, but to restore
them to, their rightful owners.
There is a partv in this country, sir, of
which that gentleman is a member, who
give great force to precedent. There is
a party in this country who insist that the
constitutionality of a United States Bank
is a settled question, notwithstanding that,
in tho Convention that framed the Constitution,
a proposition to allow Congress
the power of granting charters of incorporation
was rejeete I; notwithstanding
that, between the expiration of the charter
of 1791 and the establishment of the
hank of 1816, propositions to establish
such an institution were repeatedly rejected,
principally on that ground; notwithstanding
that the veto of General Jackson,
in IS.'V) of the bill to rechartcrthe bank
of 131G, has been sanctioned bv the Pen.
pie in successive elections; and notwithstanding
that the constitutionality of such
Iiuj Kunn rti<2iinf?>rl Kv ?nnm
,l" " ?? v
of tho best expounders of the Constitution
from the commencement of the Government
down to the present time. Now.
lurn over the picture. We find that the
proceeds of the sales of the public lands
have been paid into the federal Treasury,
from the commencement of the Government
down to the present day, almost
without question and without dispute : and
vet the very gentlemen who, in the case
if the United States Bank, are disposed
o give to precedent greater authority than
he Constitution, deny our right fo to
ippropriate the proceeds of the public
amis ! " Consistency, thou art indeed a
jewel!"
Mr. C d d not intend to discuss the
juestion arising from the comparative ad
vantages of direct taxation, as compared
with duties upon importations, as a means
>f obtaining revenue, which had been eluded
to this morning bv his colleague
Mr. Rhctt;] nor did he design to dwell
it length upon the question of the unequal
iscal operation of the Government, ari
ling from inequalities in tho collection
?nd disbursement of the public revenues.
Vlthnugh the process of collecting money
n one section of the country and disxirsing
it. princioally in another, manicstly
tends at first sight to impoverish
>ne section of the country and to enrich
mother?yet these disbursements, if
nade exclusively for tho promotion of na*
- 1- * A 1?- oAneiafonf
lonni no]tfci*, ere peritr^ii* uunoiniwut
A'ith the good of 1he whole. They ire,
11 all events, incident to our Government;
i*-"l although. in the estimation of same,
'"?v mnv have afforded a good reason for
v?r>M?'ipff the adoption of the Constitution,
hev aff?rr! no reason why the compact
?!?* I t ot he adhered to. Although in o
jvi v in the collection and disbursewit
of the pnhlic money, affords a very
jor d r< ason in a representative from .a
Tiincity section of the country for oppo.
jing mnecpssarilv hi^h taxation?and in
his iew onlv was used a few dnvs since
?v hie friend and colleague, [Mr. Pickens,]
for v? hich he was held to such severe ac ount
by the gentleman from Pennsvlvaiia.
[Mr. Sergeant.]?it affords no good
cason why a sufficient amount of money
should not be raised to pay the expenses
>f the Government. No one can suppose
'--1 ? lilrn ?k!o /??in ivtth !1
'liil H IIHI'JIll |ir\(- v IIlev VUIM
lue regard to the public interest, disburse
ts revenue in the exact nroportiorj thnt it
s collected. Our fortifications must be
ipon the frontier; our navy yards upon
he Atlantic shore : our interior States re.
piire no d fences against a foreign ene.
nv hut such as are derived from the collage
and patriotism of our citizens, and
Mit few expenditures ran legitimately he
nade among them. All that we demand
s, that the taxing power he not abused;
hat the revenues of the Government,
vhethcr derived from public lands, from
lirect taxation, or from customs, be placed
n a common Treasury, and appropriated
or the common benefit. We deny your
ight to make beneficiaries of the Spates
>v distributing among them a portion of
he public revenue. We look with alarm
o the consolidating tendency of such a
neasure, hut with hope to the virtue and
ntelligence of the People to resist its
orrupting influence. You have no right
tven to accuse the States of extrava- I
pince; for if thev have become indebted, J
hey have become 60 for objects within
U...- limUa iui?U Ulkink t'Atl hn Vfi '
urn uvrn minis, rrini nmbu
lothing to do, and are competent to proude
for them from their own resources,
t is an insult to the intelligence of the
'eople to suppose that they can be deeived
by a measure which distributes
nonev with one hand, when you immedi.
itelv place the other in their pockets to
ibstract a larger amount. Do you sup.
pose that a measure which proposes to
listribute a portion of the public revenue
ipon the basis of federal numbers, during
,n acknowledged deficiency in the Treasirv,
can be well received in that section
>f the country where, with less than a
hird of its federal population, more than
wo-thirds of the exports of the domestic
products of the whole Union are produced;
particularly in those States where the
'eople believe that, under a system of
mpost duties, they pay more than an
qua! proportion into the federal Treasuv
?
Taxes are necessary to the support of
Government, and when laid for that obect,
and appropriated to that purpose, will
ie cheerfully paid by the People. But
o distribute a portion of the public rcve.
lue among the Slates, and thus increase
i deficiency in the Treasury to he supdied
by taxation, is unequal, unjust, and
ppressive. We appeal f'com your decis.
nil upon this subject to the ballot-box ;
here wc will carry this - question at the
icx* elections, and, relyirg upon the jus re
of our cause and the intelligence of
?e People, we feel confident of victory.
Soinethinghadbeensaidon 'he intricate
[uestioa of where the burden of taxation
' r ' % '
, i chiefly falls by duties on importations.? (
* j Mr. C believed that he was the first per. (
. ) son who ever, on the floor of Congress, ad- 1
vanced the proposition that a duty upon 1
imports operated as a tax upon exports. <
* He had made this point in a speech deli v. \
i ered bv him in the 21st Congress on the r
11 13th of March, 1830. some weeks before 1
Mr. McDuffie's celebrated speech, in \
which the same doctrine was advanced, \
, and which had since become so cclebra- t
ted under the name of the 40-bn!e theory, r
i Mr. C alluded to this subject at this time
for the purpose of more fully explaining e
his views upon it, hut before doing so, h
he would read the following extract from a
i his own speech : 41 (Gentlemen may say li
that n tax upon imports is a tax exclusive- I
Iv Uf/nn the consumer; that consumption, i
for the most part, is proportioned to popu- a
lation, and therefore that the burdens of f
the tariff are equalized. Sir, I admit that c
the burdens of the system are felt by all, n
but I deny that they nre in an equal de- />
gree. There is not in the science of po. s
litical economy a proposition more susc >p C
4 . U. I _ t U o rt tKo o f f ft V A
(Uiit; til ucuujijs i..nun, iu i (< < < in., u
upon importations operates indirectly a* a t,
tax upon exportation* Some of the c
States export to a greater extent than I n
others, and thus it is that the tariff op. j <?
crates unequally. A single example will : J
illustrate the proposition. We will sup. ( c
pose that 10 pounds of cotton would par- j p
chase one yard of wollen cloth ; add 50 c
per cent. 011 the yard of woollen cloth for j t<
duty, and it will require 15 pounds of cot- j a
| ton to purchase it." J tl
Now, sir, said Mr. CM although it is a e
proposition of universal application, that v
the more we receive of the productions of ?
other countries, the more of ours they are |
enabled to take in exchange; vet, in a | n
large majority of cases, "duties upon irn- v
portations do not fall exclusively upon ex- ! n
| portations, but are divided between the j d
j producer of the exports, the consumer, j o
I and the foreign manufacturer or producer j c
of the articles imported. The burden falls h
upon the exporter to the extent that the u
duty checks consumption, and diminishes
the foreign demand for his article he. n
yond the market that it creates at borne, h
It falls upon the consumer to the extent ir
that it raises the price of the article con- d
j suined, and it falls unon the producer tf
| or manufacturer of the artictle imported c
to the extent that it cheeks its consmnp. w
tion and throws difficulties in the way u
of exchange. Excessive duties ulso fre. ir
j quenfly produce injudicious and execs- s<
j sive competition among domestic pro.du- g
eers or manufacturers, and thus tend to ti
the injury of those they were designed to w
benefit. h
But if duties upon importations oper- ; si
ate even to ? limited extent as a tax upon 01
exnnrtations, (as all must admit that thev j ti
do,) is it not obvious that duties which are j nr
unnecessarily high, are, in effect, a viola. ?,
larion of that provision of the Constitution rt
which prescribes that "no duty shall be laid cl
on the exports of any State." 01
[to be omfinued next week. ] di
ti
VETO OF THE BANK BILL. I ^
- * .--1 rm n ? I
On Monday the loin, i ne joiiowing rc
message was sent from the President to '
the Senate by John Tyler jr. his private cr
Secretary. 'f
To the Senate of the United Slater: tl
The bill entitled " An act to incoporate ft
the subscribers to the Fiscal Dank of the n|
United States," which originated in the r(
Senate, has been considered by me, with (j<
1 a sincere desire to conform my action in ( <
regard to it to that of the two Houses of n.
Congress. By the Constitution, ir is fC
made my duty either to approve the bill tr
by signing it, or to return it with my ob- 0|
jectionsto the House in which it origina- t?
ted. I cannot conscientiously give it mv r,
approval, and I proceed to discharge the j ni
duty required of me by the Constitution, a)
to give my reasons for disapproving. C(
The power of Congress to create a Nn. sr
tional Bank to operate per sc over the d?
Union has been a question of dispute from ,r(
- - if ?
the origin of our liovernmeni ;?ien
mast justly and deservedly esteemed for t.f
their high intellectual endowments, their f|,
virtue, and their patriotism, have, in re- ()(
gard to it, entertoined different and con- Cc
dieting opinion. Congress, have differed, ?i
The approval of one President has been re
followed by the disapproval of another. }a
The People at different times hivo acquiesced
in decisions both for and against. fjc
The country has been, and still is, deeply wj
agitated by this unsettled question. It nr
will suffice for me to sav that my own th
opinion has been uniformly proclaimed XI
to be against the exercise of nny such
power by this Government. On all suit- sli
able occasions, during a period of twenty- dn
five years, the opinion thus entertained w|
has been unreservedly expressed, I do- he
clared, it in the Legislature of my native er,
State. In the House of Representatives su
of the United States it has been openly th
vindicated by me. In the Senate, Cham- a|<
ber, in the presence and hearing of many ce
who are at this time members of that rit
body, it has been affirmed and reaffirmed, an
in speeches and reports there made, and St
by votes there recorded. In popular as-1 0fl
semblies 1 have unhesitmgiv announced or
it; and in the last public declaration th
which I made, and that but a short time pri
before the la'e Presidential election, I re- in
ferred to my previously expressed opinions th
ai being those then entertained by me. of
With a full knowledge of the? pinions thus re!
enterteined, and never concealed, I was ce
elected by the People Vice President of sei
the United States. By the occurence of or
a contingency provided for by the Consti- St
sution, and arising tinder an impressive Ai
dispensation of Providence, I succeeded wt
to the Presidential office. Before enter- an
irig upon the duties of th it office, I took tx
an oath that I would " preserve, protect. th<
and defend the Constitution of the United of
States." Entertaining the opinion alia- th<
ded, to and having taken this oath, the by
Senate and the country will see that I dii
could not giye my sanction to a mrasure ac
)f the character described without surren- [
Icring all claim to the reject of honorn
de men?all confidence on the part of the 1
'eople?all regard for moral and religious
obligations: without an observance of
vhieh no Government can be prosperous,
ind no Peoole can be happy. It would
>e to commit a crime which I would not!
villfully commit to gain any earthlv re.'
vard, and which vyould justly subject mo \
o the ridicule and scorn of all virtuous )
nen.
I deem it unnecessary at this time to
inter upon the reasons which have1
irought my mind to the convictions I feel j
nd entertain on this subject. They;
lave been over and over again repeated, j
f some of those w ho have preceded me ;
n this high office have entertained and
vowed different opinions, I yield all-conidence
that their convictions were sinere.
I claim only to have the same
riensure meted out to myself. Without
oing farther info the argument, I will:
ay that, in looking to the powers of this !
iovcrnment to collect, safely keep, and;
ishurse the pnhlir revenue, and inciden- J
ally to regulate the commerce and ex- j
hanges, I have not been able to satisfy |
nysclf that the establishment by this Gov- j
rti mnn f nf n IvinL.- nF .licnmint in the Of. !
inarv acceptation of that term, was a ne
essarv means, or one demanded by pro. j
rietv, to cxoutc those powers. What i
an the local discounts of the hank have J
ado with the collecting, safe-keeping, j
nd disbursing of the revenue ! So far as J
he mere discounting of paper is concern-1
d, it is quite immaterial to this question !
/liethor the discount is obtained at a
databank or a United States Bank. !
They are both equally local?both begin- j
ingand both ending in a local accom-'
diich I have always heretofore been opnidation.
Wnat influence have local :
iscounts, granted bv any form;
f bank, in the regulating of the!
urrency and the exchanges? Let the J
istory of the late United States Bank aid
s in answering this inquiry.
For several years after the establish. 1
lent of that institution it dealt exclusive, j
r in local discounts, and during that per- >d
the country was, for the most part, I
isapnointed in the consequences .mticipr.
?cl from its incorporation. A uniform
urrency was not provided/ exchanges;
ere not regulated, and little or noihing!
as added to the general circulation ; ard \
1 1820its embarrassments had become!
> great thai the directors petitioned Con-j
ress to -?peal thnt article of the chnruc
;r which made os note./ receivable every >
here in payment of the o iblic dues. It j
ad up to that period dealt to but a very ' :
nail extent in exchanges, eithur foreign !
r domestic ; and as late as 1823 itsoprrons
in that lime amounted to a little 1
mre than $3,000,00!) per an nan. A |
i;ry rapid augmentation soon after occur- 1
hi, and in 1823 its dealing in the ex- I
fiangcs amounted to upwards of $100,. 1
[KV000, including the sales of its own ' <
rafts; and all these immense transac- j t
ons were effected without the employ- i
tent of extraordinary means. The cur <
incy of the country became sound, a.id (
)e negotiations in the exchanges wer i
irried on at the lowest possible rates r
'he circulation was increased to more I
lan $23,000,000. and the notes of the j 1
ank were regarded as equal to sp ci^ j I
II over the country ; thus .showing, almost j I
inclusively, that it was the capacity to j i
?al in exchanges, and not in local dis-1 i
Hints, which furnished these facilities |<
id advantages. It may he remarked, ', !
?o, that, notwitstanding the immense' t
nnsactions of the Bank in the purchase j t
F exchange, the losses sustained were <
ierely nominal; while in the line of dis- t
mnts the suspended debt was enormous,
id proved most disastrous to the bank 1
id the country. In power of local dis- t
Hint has, in fact, proved to he a fruitful s
>urce of favoritism and corruption, alike c
jstructive to the public morals and to the i I
moral weal. ! s
The capital invested in banks of dis- j
Hint in the (Tnited States, created by I r
e States, at this time exceeds $350,009, j c
)0 : and if the discounting o< local naper ; p
mid have produced effects, the United p
ates ought to possess the soundest cur- i
ncV in the world. But the reverse is S
mentably the fact. d
Is the measure, now under considera- a
>n, of the objectionable character to o
lich I have alluded ? It is clearly so, n
iless, by the 16th fundamental article of v
e 11th section it is made otherwise, n
lat article is in the following words: ^
w
44 The directors of the said corporation /
all establish one "competent office of" c
jcount and deposite in any State in li
lich two thousand shares shall have s
en subscribed, or may be held, whenev- p
, upon application of the Logisture of s
ch State, Congress may, by law, require tl
esums. And the said directors may w
so establish one or more competent offi. a
s of discount and deposite in any Ter- e
ory or District of the United States, ti
id in any State, with the assent of such ti
ate; and when established, the said n
ficc or offices shall be only withdrawn ii
removed by the said directors, prior to n
e expiration of this charter, with the I
evious assent of Congress ; Provided, p
respect to any State wh'cb shall not, at t<
e first session of the Legislature there, o
held after the p assage of this act, bv s?
solution or other usual legislative pr< - ty
eding, unconditionally as ent or (ii<nt
to the establisiwnent of such offi v a
offices within it, such absent of'the sai 1 fi
ate shall he thereafter pesumad : n
id, provided never hefesj,, T >at s<
lenever it shall become neces8fry al
y proper for carrying into ir
toation any of the powe-j granted by f.
5 Constitution, to establish an office or t!
ices in any of the Siafoi whatever, and b
; establishment thereof shall be directed la
law, it shall be the duty of the said 8
ectors to establish such office or offices ti
coHingly." u
? I
% $
It will ho seen th.it by this clause the
directors are invested wiih the fullest
power to establish a branch in anv State
which has yielded i: * assent; and having
once established suea branch, it shall not
afterwards be withdrawn except by order
of Congress. Such assent is to he implied?
and to have the force r.nd sanction of an
actually expressed assent, "provided, in
respect to any Slate which snail not, at
the first, session of the Legislature thereof
hold after the passage ot this act, by re*.
olution or other usual legislative prcceeding,
unconditionally assent or dissent to the establishment
of such office or offices within
it. such assent of the said State shall be
thereafter presumed." The assent or dissent
is to be expressed unconditionally at
the. first session of the. Legislature by some
formal legislative act ; and, if not so expressed,
its assent is to be implied, and
the directors are thereu|w>n invested with
power, at such time thereafter as thev
may please, to establish which cannot afterwards
be withdrawn, except by resol\e
of Congress. 'No matter what may bo
the cause which may operate with the
Legislature, which either prevents it from
speaking, or addresses itself to its wisdom,
to induce delay, its assent is to be implied.
This iron rule is to give way to no circumstances?it
is unbending anJ inflexiLI..
ft.. 4k,. l.tM.vX .?*A thn m.autiii* IA
(lit;* iii3 uit; ui me ' ?vi iv
the vessel. An unconditional answur U
claimed forthwith ; and delay, postponement,
or incapacity to answer, produce
an implied assent, which is ever after irrevocable.
Many of the State election*
have already taken place without any
knowledge, on the pnrt of the People, that
such a question was to come up. The
Representatives may desire a submission
of the question to their constituents, preparatory
to final action upon it; but this
high privilege is denied. Whatever may
he the motives and views entertained by
the Representatives of the People to in- j|
duce delay,.their assent is to he presumed,
and is ever afterwards binding, unless
their distant shall be unconditionally expressed
at their first session after the pasa
re of this bill into a law. They may
by formal rc-mlution declare the question
ol assent or dissent to be undecided and
postponed, and yet, in opposition to their
express declaration to the contrary, their
assent is to be implied. Cases innumerable
mighi be cite I to manifest the irrationality
of such an inference. Let one or
two in addition suffice.
The populir orinc 1 >f'he Legislature- 1
may express its dissent by an unanimous
vote, and its resolution may be defeated'
by a tie vote in tne Senate; and yet theassent
is to be implied. Both branches of
the Legislature may concur in a
resolution of decided disxenti
and vet the Governor rnavexert the vetn>
power conferred on him hv the State conititution,
and their legislarive action bed*;,
fftatcd ; and yet the assent of the legisla.tive
authority is implied, and the directors
if this coiiler.) >Inu*:l institution are am
horized to esiablisii a branch orbranehe*.
n such State whenever they may find it
jonqtiisive to the inte; est of the stockholiers
to do so; and having once established,
t, they can under no circumstances withIraw
it, except by act of Congress. The
State may afterwards protest against suchi
injust inference, hut its autheritvMsgone..
Its assent is implied bv i.s failure df-iea-)ilitv
to act at sfs tirst session, and its;
r'oieecan nevi-r afterw*, i:>be heard. To*
nferences so violent, and, 33 t sey seam to
no, irrational, I cannot yield my consent.
Xo court of jus: ice would or could saneion
them, without reversing all that is est.
ablished in judicial proceeding by. intro*. ^
lucing presumptions at variance with.fact,,
ind inferences at the expense of reason..
\ State in a nonunion of duressei would!
>e presumed to speak, as an individual,.,
nanacled and in prison, might be pre-,
turned to be in the employment of free-,
lo.n. Far hotter to say to the States,
loldlv and frankly?Co ogress wills, anduhrnission
demnndtfl.
It may beaaid that the- directors may
lot establish branches, tiodcr such cirumstances;
but this is a question of
mwer, and this hill raves'* them with full
ower to do so. If the Legislature of
"lew York, or Pennsylvania, or any other.
Itate, should be found to be in such conx
ition as I have supposed, could there bony
security furnished against such a step,
n the part of the directors ? Nay, is it
lot fairly to he presumed that this proviso
/as introduced for the sole purpose of
a eting the contingency referred to?
Vhy else should it have been introduced?
Lnd I submit to the Senate whether it
an be believed that any State would be
ikely to sit quietly down under such a
tate of things. In a great measure of
uhlir interest, their patriotism mav be
"*"'w ? ? I ??'
uccessfully appealed to; but to infer
heir assent from circumstances at war
ulh such inference, I cannot but regard
s calculated to excite a feeling at fatal
nmity with the peace and harmony of
le country I must, therefore, regard
lis clause as asserting the power to be
n Congress to establish offices'of discount
fi a State, not only without its assent, but
gainst its dissent; and, so regarding it,
cannot sanction it. On general princi!es,
th^ right in Congress to prescribe
jrms to any S ate, implies a superiority
f power and control, deprives the traniction
of all pretence to compact beveen
them, and terminates, as we have
jen, in the total abrogation of freedom of
cti^n on the part of the States. But
ir!her: the State mav e.\Dess. after the
- ! *
lust solemn form of legislation, its dis?nt,
which may from tune to time there.
Per be repeated, in full view of its own
rensf, which can never be separated
r.i the wise a??d beneficent operation of
i 8 Government; and yet Congress may*
v virtue or tho last proviso, overrule its,
tw, and upon grounds which, to such
tate, will appear to rest on a construeve
necessity and propriety, and nothing
tore. I regard tho bill as asserting for