Farmers' gazette, and Cheraw advertiser. (Cheraw, S.C.) 1839-1843, August 25, 1841, Page 158, Image 2
roll-, ved hv pressure on the flanks; 1j*i? at
other times he evinced very 3real p'.iiri
from pressure. I saw that it was all over
with h:n?, a-d so I lold the owner. The
horse died the same evening.
On ojiei ing him, I found a tumor ICibs
in weight,'* e colon adhearing to it, arid
being twisted round it :ti three places like 1
a claw. It appeared to me to be an en- j
htrged and diseased mesenteric gland.? !
Ct
1 (K'.ss.ctcd the tumor from the colon j
with scarcity wounding the intestine.?
Taere were two places iit which the co- j
Ion was very much contracted; there i
Here l.kewise inflaniutorv spots upon the
colon where it was twisted round the tu- j
ntor, In every other part the intestines j
were perfectly healthy. The weight ofj
the tumor and tiie contraction of the in- J
testines caused the cbolickv pains by j
the partial obstruction of the faeces which j
thev contained.
The turuor being removed from the in- i
testines, and cut through, much resembled
a iubercuhitod bng. It was formed of
different cells containing pus, or a chces.
I, ke matter and in a hard cartilaginous]
substanc0, Same of the coils was as largo j
~ I
as a duck s egg.
The owner he bought this horse war- j
ranted sound, ami she summoned the j
man from whom she bought it, to return j
tho price she had paid. I was called I
upon to give my opinion, whether the j
horse wa?i sound or unsound at the tim J
of the sale, t could not for a moment j
hesitate in stating that it was u!>so!utelv !
impossible that a tumor so enormous !
could have been formed in the short space j
of eight days. I also mentioned that i
?N*? h.?r^v Hw> fitjio nf sale, had !
iUW in/i"\ y >'W IT. V ?! -' ?, ?
often oxhib ted apparently cokcky pains, j1
Mr Moore, veterinary surgeon at Ham.
ilton, toi;l mo that he had attended this !
horse during several months, an 1 had ad. j
vised his iin plover to sell it. II-J Hid sell ;
it at one of the Falkirk trysts, where it
was bought by Mrs. Blark.
The prioe of the horse was lofnrnod to
Mrs. Black, and ail expenses paid?lb. I
cooked food for 6wixr.
Mr. Sheldon, of Mass., stated in a re- ;
cent agricultural meeting in Boston, that j
fro.n a bushel of cook d meal, he had oh. i
I
tained 12 pounds of pork, while the same j
quantity of uncooked meal would not J
give h.m more than $ pounds of pork.? j
!: has long been our opinion, that there !
was a d. Here nee of about one-third in favor
of cooked, or fermented food, over
raw; and we are more thin satisfied the
cheapest plan to make pork is to feed
hogs as much as t.iev cm cat all t!i.
time. Fur,tiers' Advocate-.
~ C0 L.~ C A M PBK LL'S SPEEDS." ~
Snrprh the Hon. Jo'in Ci nv'f lU of
v - - - ,
N-vith Carol-in, 0:1 i!u? bill reh'iis to]
Dlitis* an 1 Drawbicbs. D'HvrrA in i
the House o f Representatives of the Un i
ted State*, July 26, i S11. i
The ?kUid relauog to Duties and Draw- '
backs*'ix;ing under consideration in cum- :
m;X!?;e of tiie \\ oolc?
Mr. Ca.ipbsll, of South Carolina, 1
run and said, thai tiie chairman of the '
Committee of Ways and Moans had based (
his estimate of the probable annual expenses
of the Government for the four (
current years upon the averaga expendi- ,
tares of the four las*, and had put them 1 ,
at lielweun 27 and 2S millions of dollars (
a year, lie had estimated the nett pro i
c; eds to accrue from customs under ex l
isting laws, subject to the reductions still t
to occur Milder the compromise act, at '
less than ten millions of dollars, and sup- (
posed that there would he an annual de- 1
ficiency in the revenue of about eighteen
millions of dollars.
Mr, C was not prepared to hear the ,
honorable chairmri, after having de~
I
nounced tho extravagance of he late Administration,
so soon proceed to adopt h i
average expenses of ti.e Go\erntnent f>r (
tho four last, as a criterion for the four
current years?particularly when it was J (
weli known that, under the late Admin- <
istration, largo a mounts of money had not
onlv been expended in erecting public
buildings and in extinguishing the Indian
title within the States and organized
Territories, hut that millions hail been
swallowed in the vortex of the Florida
war, which, from all appearances must
soon cease to he a source of public expense,
except for the payment of such private
claims as may arise out of its devastations, j
L'*t it, also, be remarked that, including I
t lie prosecution of that war, the expenses !
of the Government for the last year had :
been reduced to between 22 and 23 mil- ,
lions.
Taking, however, the probable drains j
upon the Treasury, which would occur j
from the payment of private claims, from
appropriations for the support and increase
of t'?? ivy, the maintenance of a
lmme squadron, the support of the army,
for fortifications, an ! other expenses, and
we probably cannot safely estimate tlie
expenses of the Government, even under
an economical Administration of its finances,
for the four current ; .is, at
much less than an averap of M,030,
which, if the land distribution bill,
passes the Senate, and upon the supposi-!
tnm tiiat tie chairman is correct in esti. ;
mating the nett annual receipts from j
customs under existing laws, al less than
810,000,will leave an annual deficiency
tu tlie TV-..usury ofahoutten millions
lepen le it of any provision to meet
outstanding Treasury notes.
According to the siu'^nr nt of imports
Jbu] Upon our iahlvs lias luTniug from
IWiJWg.'B r III 11 tganMBrtMMMWMWBII
the Treasury Department, the additional i
duties proposed bv the present bill, should ! ii
it pass into a law without mutilation, will ; t
probably produce an annual increase of P
revvuue of between eight and ten mil- j3
:ions of dollars?in amount not creator, i
it the proceeds of t e public lands are ab- j ,
stracted from the Treasure, than will !
* ^
probably be found necessary to provide j
for all contingencies. j ^
Here Mr. C read from the report of: j,
the Seorctnw of the Treasury, document s
No. 2 of the pn sent session, page 5, the f]
following extract: 1 p
From the vear 181b. to 1887. a period of t!
21 years, the revenues constantly ex- 1(<
1_J iL. ? .11f11 ,?d TflO nuOMITO 1 ll
WMucu l it; C'.\;?;iiiiitni-.c. , I ?
annual surplus during that time was | si
$11.404,326 S7, (see tables 1 and 2,) c
making an aggregate excess of $240,- i m
784.761 27. Within that time, there it
was applied 'o the extinction of (lie nn- o
tiona! debt $108,792,127 41. and there p
was, under the provisions of.thenct of si
the 231 of June, 1^36. deposited with a
the States, $28,101.6 14 91. and there j o1
remained on the 1st of January. 1837, . fi
in the Treasury of the United States. rr
including the fourth instalment due to ||
the S'ates, a surplus of $17,109,473 20 pi
There were, also, out- I h
standing debts due . fr
and falling due to n;
the Treasury, nri- w
sing from other lyi
sources than those | ol
of the ordinary rove. j ir
nu<\ and which were j tl
paid between the 1st inj
of January,' 1837, la
and 4th March, I je
1841, the amount j
of (see statement D) 9,124,747 00 qt
There were also issued, v;
within that period, w
and outstanding on j n|
the 4th of March, j In
1841, treasury notes - ; [-1
to the amount of o 648,512 40 al
fi,
Waking the aggregate ! si
available means ar
which were in the A
Treasury on the 1st in
of January, 1837. hi
and which came in- fe
to it prior to the 4th or
of March, 1841, over ar
and above the cur- j m
rent revenues 31,882,732 66 ! ti<
Vom which deduct tho w
amount (less t'nc al
trust funds) remain- ar
ing in the Treasury th
on the 4th of March, ^
1841 572,718 46 j-h
?. ? : < :
{i 1 there appears an j "p
excesss of expendi- j n
ture over the current j Tf
revenue of $81,310,014 20 m
j .si
Thus it appears, (continued Mr. C..) | fh
rom doeumentarv evidence of the high- b\
st authority, that, independent of making fo
revision o meet the current expenses of c?:
lie Government, we owe, tosav the least, ni
n existing debt of more than $5,000.- re
100 ; an I whetliei the amount to he de- sh
ived from customs shall rise above or fall of
'"'l .'' tVirt njfunit.1 ftf (Ko ImnnrnKlA pKfltr. th
i jI vl "I hh/ vnuaillll\? 1^1 IIM/ KVinMM.mv vmu>. nan
hv a few millions. it is evident thn* dr
n avoid the arcumuhlion of a natio-nl it*
cbt in time of peace, some provision is
mist adopted bevond the existing ta- nr
ifT, for bringing money into the Treasn- th
v. Trne we had authorized the issuing 1"
f $5,000 000 in Trea^nrv notes previous nri
o the adjournment <>*' the las* Congress ra
o meet existing liahi'itiesand ?irrynt oxicnlitures
after the 4fh of March, and ni
lad, since the commencement of th? p.os. ta,
nt session, authorized a loan of 81*2 000 th
>00 more. B it although, the present wl
rants of the Government were thus pro- dii
ided for, he deemed it wise, as soon as in
vas convenient, to extinguish all existing f()l
O 0
iahilities, and leave the resources of the r|?
ountry unpledged. No one now thinks b.v
>f calling upon the States for the 28 mil. i"1
ions d -posited with them under the act to
>f 1833. rn?
In making this admission, however, he
lid not pledge himself to vote for the pros- co
;nt bill. For when he saw the means at ev
he disposal of the Government, and J?n
vhich had been placed as a trust in its th<
innds to pay the debts and provide for th<
he common defence and general welfare, nn
vronjjfully diverted from its true objects. v,(
is was proposed to be done by the bill It
vhich had passed this House to distribute Pe
he proceeds of the public lands, he con. ce
;idered that he was called upon to pause m<
v-fore he consented to impose additional at'
uirdens upon his constituents, to supply a a'}
leficiency in part created by this act.? Pn
:a. r._ . i -l : . i 1 /4i,
?vns u for me purpu*u ?n imposing auuiional
burflons on our foreign commerce l,P
hat you have agreed to part from this an
rreat fountain of public wealth; that you ur
lave agreed to distribute the proceeds, ?f
lot of those lands only whieh were ceded ^
)V the differrent States, but the millions tw
>f acres that we hold by the Louisiana pr'
?nd Florida purchases?which were paid
"or out of the common treasury, and
vhich there is no pretence for regarding 'm
n any other light than as the common e(|
iroperty of the nation? The policy would T
lave been more enlightened to have given
hose lands t?> the settlers upon them ; to
mve made the conquest of the wilderness | je<
hoir pric.- nod thus have encouraged he
heir settlement by a hardy population. to
lostore to us these la ids; let the proceeds nu
irisin^ from their sales be paid into the n '
rrcasnrv and applied to the wants of the ph
Government, and I will most cheerfully ?P
rote for any increase of duties, within ,or
the provisions of the com promise that *h<
may he necessary to moot not o"lv exist- nP
iny. but to provide for such avicipafV
Jertciency as may he expo I t? arise ' 11
under an economical adm'.iistatio.; oft i -1
finances. !qu
The honorable chnirrran had said thnt,
n propping !o distribute tho proceeds of
be public lands among the States, we pro.
msed not to divert them from, but to re. I
tore them to, their rightful owners.
There is a party in this country, sir, of,
diich that gentleman is a member, who
ive gioat force to precedent. There is j
party in this country who insist that the
onstitufionalitv of a United States Bank
?a settled question, notwithstanding that,
i tho Convention that framed the Con.
titution, a proposition to allow Congress
iq power of granting charter* of incur,
oration was rejeetel; notwithstanding
iat, between the expiration of the char,
jr of 1791 and the establishment of the
ank of 1916, propositus to establish
jch an institution were repeatedly reject,
d, principally on that ground ; notwithtanding
that the veto of General Jackson,
i 1S.T2 of the bill to recharter the bank
f 1816, has been sanctioned bv the Pen.
le in successive elections; and notwith.
landing that the constitutionality of such
n institution has been disputed by some
f the best expounders of the Constitution
otn the commencement of the Governlent
down to the present time. Now,
irn over the picture. VVe find that the
roceeds of the sales of the public lands
avc been paid into the federal Treasury,
/\?r? (In. DiiimnMiPnmntl t of iti#? rirtvern
lent down to the present day, almost
ithout question and without dispute ; and
et the very gentlemen who, in the case
f the United States Bank, are disposed
> give to precedent greater authority than j
le Constitution, deny our right so to
ipr??priate the proceeds of the public
nds ! 44 Consistency, thou art indeed a
iwel!"
Mr. C d:d not intend to discuss the
tesfion arising from the comparative admtagcs
of direct taxation, as compared
ith duties upon importations, as a means j
'obtaining revenue, which had been nl- j
ded to this morning by his colleague
Hr. Rhett;] nor did he design to dvell
: length upon the question of the unequal
ica! operation of the Government, tri
ng from inequalities in the collection
id disbursement of the public revenues.
Ithough the process of collecting money
i one section of the country and dis.
irsing it princinallv in another, manisllv
tends at first sight to impoverish j
in section of the country and to enrich
lother?yet these ' disbursements, if
ade exclusively for the promotion of na- 1
onal objects, are perfectly consistent
ith the good of the whole. They are,
all events, incident to our Government;
d although, in the estimation of some,
?v mnv have afforded a good reason for
fusing the adoption of the Constitution,
ev afford no rpason why the compact
?cM : of he adhered to. Although in'
r I v in the collection and disburse*
' ' i of ruiMir rnnnnv. affords a Vfirv
' r. assort in a representative from .a
i :city snrtionoffhe country for onpoeg
'Tineeossarilv high taxation?and in 1
is view only was used a few dnvs since
i hie friend and colleague, [Mr. Pickens,]
r which he was held to such severe acmot
by the gentleman from Pennsvlvaa
[Mr. Sergeant,]?it nfFords no good
ason why a sufficient amount of money
o lid not he raised to pay the expenses 1
the Government. No one can suppose
at a government like this can, with a
if regard to the public interest, disburse 1
? revenue in the crnet oroporlion that it
collected. Our fortifications must he '
ton the frontier; our navy yards upon 1
e Atlantic shore ; our interior States re- 1
lire no d fences against a foreign ene- 1
v hut such as are derived from the con- 1
ge and patriotism of our citizens, and j
it few expenditures can legitimately be J
ade among them. All that xve demand '
that the taxing power be not abused ; 5
at the revenues of the Government, (
lether derived from public lands, from 1
rect taxation, or from customs, be placed
a common Treasury, and appropriated I
r the common benefit. We deny your '
rht to make beneficiaries of the*. Spates I
distributing among them a portion of 1
e public revenue. We look with alarm I
the consolidating tendency of such a '
ensure, but with hope to the virtue and ?
' ii'-f -r ,l. _ ? i_ i. f
reingcnce 01 ine reopie 10 rfsiai us
rrupting influence. You have no right
en to accuse the Slates of extrava- f
nee; for if they have become indebted,
ey have become so for objects within J
tdr own limits, with which you have .
thing to do, and are competent to pro1e
for them from their own resources. *
is an insult to the intelligence of the c
ople to suppose that they can be de- *
ived bv a measure which distributes F
?nev with one hand, when you immedi- a
dv place the other in their pockets to f
slract a larger amount. Do 3fou sup. r
sc that a measure which proposes to f
itribute a portion of the public revenue
on the basis of federal numbers, during c
acknowledged deficiency in the Treas- v
y, can be well received in that section ^
the country where, with less than a x
ird of its federal population, more than ^
o-thirds of the exports of the domestic 1
aducts of the whole Union are produced; &
. ficularly in those States where the f
ople believe that, under a system of 1
post duties, they pay more than an v
ual proportion into the federal Treasu- h
? f
Taxes are necessary to the support of | a
. __J ?u I_:j 11 * _i. I \
wnrnmeni, ami wnen i.hu iur uiui unit,
and appropriated to that purpose, will e
cheerfully paid by the People. But c
distribute a portion of the public reve. *
ie among the Slates, and thus, increase a
Jefioiency in the Treasury to be sup- 5
ed by taxation, is unequal, unjust, and d
pressive. We appeal fcorn your decis.
i upon this subject to the ballot-box; 1
?re wc will carry this question at the n
x4 elections, and, relyieg upon the jus- a
i\ of our cause and the intelligence of c
it People, we feel confident of victory. d
Something had been said on 'he intricate ?
estioa of where the burden of taxation c
-
j chiefly fulls by duties on importations.?
Mr. C believed that he was the first per.
son whoever, on the floor of Congress, advanced
the proposition that a duty upon
imports operated as a tax upon exports.
[Je had made this point in a speech delivered
by him in the 2lst Congress on the
1 )?h of March, 1830. some weeks before
Mr. McDuffie's celebrated speech, in
which the same doctrine was advanced,
and which had since become so celebrated
under the name of the 40-bn!e theory.
Mr. C alluded to this subject at this time
for the purple of more fully explaining
his views upon it, but before doing so,
he would read the following extract from
his own speech : " Gentlemen may say
that a tax upon imports is a tax exclusivelv
upon the consumer; that consumption,
for the most part, is proportioned to population.
and thernforo lh.it th.? hiir.lonn of
tho tariff are equalized. Sir, I admit that
the burdens of the system are felt by all,
but I deny that they are in an equal degree.
There is not in the science of political
economy a proposition more susc ;p
tible of demons'ration, than that a tax
upon importations operates indirectly as a
tax upon exportation* Some of the
States export to a greater extent than '
others, nnd thus it is that the tariff op. j
crntes unequally. A single example will j
illustrate the proposition. We will sup. j
pose that 10 pounds of cotton would purchase
one yard of wollen cloth ; add 50
per cent, on the yard of woollen cloth for
duty, and it will require Impounds of cotton
to purchase it."
Now, sir, said Mr. CM although it is a
proposition of universal application, that
the more we .eceiveof the productions of
other countries, the more of ours they are
enabled to take in exchange; vet, in aj
large majority of cases,"duties upon irn-1
portations do not fall exclusively upon ex- !
portation9, but are divided between the
producer of the exports, the consumer, |
and the foreign manufacturer or producer j
of the articles imported. The burden falls
upon the exporter to the extent that the
duty checks consumption, and diminishes
the foreign demand for his article bevond
the market that it creates at borne.
It falls upon the consumer to the extent
that it raises the price of the article consumed,
and it falls unon the producer
or manufacturer of the artictle imported
to the extent that it checks its consumption
and throws difficulties in the way
of exchange. Excessive duties also frequent!)'
produce injudicious and excessive
competition among domestic producers
or manufacturers, and thus tend to
the injury of those they were designed to i
benefit.
Bat if duties upon importations oper. |
ate oven to a limited extent as a tax upon
exhortations, (as all must admit that they
do,) is it not obvious that duties which are
unnecessarily high, are, in effect, a viola. <
larion of that provision of the Constitution j
which prescribes that "no duty shall be laid j i
on the exports of any State.'* j i
[to bo continued next week.] j,
VETO OF TfIR BANK BILL. ,
On Mondav the 15th. The following ',
message was sent from the President to j
the Senate by John Tyler jr. his private ,
Secretary. 1
To the Senate of the United Stater: |
The bill entitled " An act to incoporate
the subscribers to the Fiscal Bank of the ,
lim ed States," which originated in the (
Senate, has been considered by me, with ,
a sincere desire to conform my action in (
regard to it to that of the two Houses of ,
Congress. By the Constitution, ir is |
made my duty either to approve the bill |
i)y signing it, or to return it with my ob- (
lections to the House in which it origina- ,
led. i cannot conscientiously give it my J<
ipproval, and I proceed to discharge the;,
luty required of me by the Constitution, j.
;o give mv reasons for disapproving. (
The power of Congress to create a Nn. >
:ional Bank to operate per sc over the ' (
[Jnion has been a question of dispute from ,
he origin of our Government. Men
nost justly and deservedly esteemed for t
heir high intellectual endowments, their \
drtue, and their patriotism, have, in re- (
jard to it, entertoined different and con- (
licting opinion. Congress, have differed, s
The approval of one President has been r
"ollowed by the disapproval of another. J
rhe People at different times have acjuiesced
in decisions hot! brand against. {
rhe country has been, and still is, deeply v
igitated by this unsettled question. It \
vill suffice for me to say that my own t
opinion has been uniformly proclaimed 1
o be against the exercise of any such
....... U.. *L:? n?.,.?nmant An oil utl i f
luwcr ujr iiinviwyui'iuiwiii. \M? UU rrui?- n
ible occasions, daring a period of twenty- (l
ive years, the opinion thus entertained i \
las been unreservedly expressed, I do- j h
dared, it in the Legislature of my native ! e
State. In the House of Representatives s
if the United Slates it has been openly t
'indicated by me. In the Senate, Cham- a
ler, in the prese nce and hearing of many ! r
vho are at this time members of that r
tody, it has been affirmed and reaffirmed, a
n speeches and reports there made, and g
>y votes there recorded. In popular as- J q
emblies I have unhesitinglv announced ; o
t; and in the last public declaration ! tl
vhich I made, and that but a short time ; p
iufnro In't* PrpSTtiJnfial r?l?/?tirtn I po. I it
erred to my previously expressed opinions tl
i being those then entertained by me. o
-Vith a full knowledge of the - pinions thus r<
nterteined, and never concealed, I was c
lected by the People Vice President of s<
he United States. Bv the occurence of o
. contingency provided for by the Consti- S
ution, and arising under an impressive J
lispensation of Providence, I succeeded w
o the Presidential office. Before enter- hi
rig upon the duties of th it office, I took t:
n oath that I would " preserve, protect. tl
nd defend the Constitution of the United 01
Hates." Entertaining the opinion allu- tl
ed, to and having taken this oath, the b
lenate and the country will see that I di
ould riot giyemy sanction to a mrasure a
of the character described without surren- \
dering all clnim tort he respect of honora-1 <
hie men?all confidence on the part of the |
People?all regard for nigral and religious 11
obligations: without an observance of j c
which no Governsnent can be prosperous, j i
and no Peonle can be h'inpv. It wrould , (
, . . .-LI . . i .
oe to commit a crime wnicn i would nor j?
willfully commit to gain any earthly re-1 i
ward, and which tyould justly subject me ; r
to the ridicule and scorn of all virtuous;/
men. j J
I deem it unnecessary at this time to c
enter upon the reasons which have; i
brought my mind to the convictions I feel 11
and entertain on this subject. They j i
have been over and over again repeated. J t
[fsome of those a ho have preceded me > s
in this high office have entertained and I ft
avowed different opinions, I yield nil con- \J
fidence that their convictions were sin- j p
cere. I claim only to have the same j t
measure meted out to myself. Without ; p
#oing farther into the argument, I will ? n
say that, in looking to the powers of this ! t
Government to collect, safely keep, and : o
disburse the public revenue, and inciden- tl
tally to regulate the commerce and ex- I
changes, I have not been able to satisfy j s|
myself that the establishment by this Gov. 11<
eminent of a bank of discount, in the or- i 1
dinary acceptation of that tenn, was a ne- ci
cessary means, or one demanded by pro-1 b
prietv, to cxcute those powers. What i tl
can the local discounts of the bank have j c
to do with the collecting, safe-keeping, | ti
and disbursing of the revenue ? So far as a
the mere discounting of paper is concern- j v
ed, it is quite immaterial to this question ! h
whether the discount is obtained at a; k
Slate bank or u IJnitfd Slates Rank, j si
They are both equally local?both begin- j 1!
niug and both ending in a local accom-! o
ii/>ii-?h f hrivp alivavs hprfltftfnrft boftfl on. D
" J ~ r | r
modation. Waat influence have local i h
discounts, grantor! by any form; b
of l?ank, in the regulating of the tl
currency and the exchanges? Let the tl
history of the lute United States Bank aid a
us in answering this inquiry. tl
For several years after the establish- p
ment of that institution it dealt exclusive, j
Iv in local discounts, and during that per- b
iod the country was, for the most part. j o
disappointed in the consequences unticipr. p
ted from its incorporation. A uniform ?e.
currency was not provided/ exchanges-a;
were not regulated, and little or noihing'b
. .
was added to the general circulation : ard a
in 1820 its embarrassments had become ! t
so great thai the !:rectors petitioned Con-!
gross to -?j>c?l thnt arti'vt of the charac- m
tor which made its notes receivable everv v<
where in payment of the o ibhc dues. It ! bt
had up to that period dealt to but a very ! as
small extent in exchanges, eith.tr foreign ' th
or domestic ; and as late as 1823 its optr- ' re
tions in that lime amounted to a little la?
more than 83,000 00!) per an turn. A i pc
very rapid augmentation soon after occur-1 sti
red, and in 1823 its dealing in the ex-1 fe
changes amounted to upwards of 8100, ti\
OO'VOOtf, including the sales of its own of
drafts; and all those immense transac-} th
lions were effected without the employ- j in
ment of extraordinary means. The cur co
rency of the country became sound, a.id de
the negotiations in the exchanges wer it,
carried on at the lowest possible rates dr;
The circulation was increased to more St
than $23,000,000. and the notes of the jun
Bank were regarded as equal to sp ci^ Its
all over the country ; thus showing, almost bil
conclusively, that it was the capacity to vo
deal in exchanges, and not in local dis- in!
counts, which furnished these facilities j m<
ind advantages, it maybe remarked, 1 N<
too, that, notwitstanding the immense I tio
transactions of the Bank in the purchase ' tal
af exchange, the losses sustained were ! du
I
merely nominal; while in the line of dis- an
counts the suspended debt was enormous. A
ind proved most disastrous to the hank I he
md the country. In power of local di.s-! mr
./-.urit hao in Ami rv-ovorl fn ko it fruitful ' Sill
source of favoritism and corruption, alike j Jo
iestructive to the public morals and to the i bo!
general weal. sul
The capital invested in banks of dis
rount in the United Sfafes, created by noi
he States, at this time exceeds $350,000,- cm
)00 : and if the discounting o' local naper; poi
oulil have produced effects, the United !poi
5. at us ought to possess the soundest cur- Ne
encV in the world. But the reverse is St*
amentahly the fact. diti
Is the measure, now under considera- an;
ion, of the objectionable character to on
vhich I have alluded ? It is clearly so, not
inless. bv the 16th fundamental article of wa
, - J ?
he 11th section it is made otherwise, m
That article is in the following words: Wl
44 The directors of the said corporation An
hall establish one "competent office of cai
liscount and deposite in any State in liki
vhich two thousand shares shall have sta
>een subscribed, or may be held, wnenev- put
r, upon application of the Legisturo of sue
uch State, Congress may, by law, require the
ho sums. And the said directors may wit
Iso establish one or more competent otfi. as i
es of discount and deposite in any Ter- enr
itory or District of the United States, the
nd in any State, with the assent of such this
Itate; and when established, the said in I
ffiec or offices shall be only withdrawn in i
r removed by the said directors, prior to nga
. f .l:- _I?t.? f
ne expiration or mis ciianur, wuu mo x wc
revious absent of Congress ; Prodded, pie*
n respect to any State wh;ch shall not, at ten
hie first session of the Legislature there- of p
f held after the passage of this act, by saci
'solution or o'her usual legislative pr? - twe
eeding, unconditionally as ent or oi<- seei
3nt to the estahlisiiinent of such offi v acti
r offices w ithin it, sucu a-..,ent ofriie sai I fur!
tate shall be thereafter p esamed : mui
[rid, prodded nrver hefesj., T iat sen
henever it shall become necess-ry afe
ay proper for carrying into in'f
iteati).; any of the powe-: granted by f r
ie Constitution, to establish an office or 11 s
lices in any of the States whatever, and ! by 1
ie establishment thereof shall be directed ! law,
y law, it shall be the duty of the said j Stat
irectors to establish such office or offices tive
ccoHingly." mor
It will ho seen that by this clause the
lirectors are invested wiih the fullest
jower to establish a branch in any State
vhich has yielded i:? assent; and having tA,
>nce established suca branch, it shall not
iffcerwards be withdrawn except by order
)f Congress. JSucii assent is to be implied,
ind to have the forre r.nd sanction of an
ictuallvexpressed assent, "provided, in
espect to any Slate which shall not, at
he first session of the Legislature thereof
)old after the passage ot this act, by re*,
ilution or other usual legislative proceeding,
meonditionaUy assent or dissent tot lie es.
ablishment of such office or offices within
t. such assent of the said State shall be
hereafter presumed." The assent or disout
is to be expressed unconditionally at
i r .1 r l.. -- -
nc. 11rsc session uj i'tr xjcgisiuiurc uy sumo
'ormal legislative act ; and, if not so extressed,
its assent is to be implied, and
he directors arc thereupon invested with
ower, at such time thereafter as thev
nay please, to establish which cannot aferwards
be withdrawn, except by resoUe
f Congress. *No matter what may be
Pic cause which may operate with the
legislature, which either prevents it from
peaking, or addresses itself to its wisdom,
-> induce delay, its assent is to be implied,
liis iron rule is to give way to no ciruinstances?it
is unbending anJ inflexile.
It is the langu tge of the ro ister to
ie vessel. An unconditional answer is
laimod forthwith ; and delay, postpone,
tent, or incapacity to answer, produce
n implied assent, which is over after irreocabie.
Many of the State election#
ave already taken place without any
nowledgc, on the part of the People, that
iich a question was to come up. The
Lcpresentatives may desire a submission
f the question to their constituents, prearntory
to final action upon it; hut this
igh privilege is denied. Whatever may
e the motives and views entertained by
ie Representatives of the People to inuce
delay, their assent is to be presumed,
nd is ever aiterwards binding, unless
leir distant shall be unconditionally exressed
at their first session after the pasa.
of rhis hill into a law. They may
y formal resolution declare the question
i assent or dissent to be undecided ancf
ostponed, and yet. in opposition to their
xpress declaration to the contrary, their
ssent is to be implied. Cases innumera!e
:n;g!i: be cile 1to mnifestthe irrationlily
of such an inference. Let one or
wo in addition suffice.
The popultrbrine i of the Legislature
lay express its dissent by an unanimous
jte. anJ its resolution may be defeated-1
a tie vote in the Senate ; and yet theisent
is to be implied. Both branches of
ie Legislature may concur in a*
solution of decided dissent
id vet the Governor rnnv exert the vetn>
over conferred on htm hv the State conitution,
and their legislative action bede.
ated : and yet the assent of the legislate
authority is implied, and the directors
this contemplated institution are an*
orized to esiablisti a branch orbranchessuch
State whenever they may find it
nqtiisive to the inteiest of the atockholrs
to do so ; and having once establishedthey
can under no circumstances withaw
it, except by act of Congress. The
ate may afterwards protest against such?
just inference, hut its authority is gone..
i assent is implied bv i.s failure driaa-itv
to act Jit its fi.-.st session, and its;
ice can never afie.-w^ids be heard. To*
erences so violent, and, -us t.-.cy seim to
\ irrational, (cannot yield ;ny consenti?
court of just ice would or could sancn
them, without reversing all (hat ises*
>iis!ied in judicial proceeding by. intro*. Q
cing presumptions at variance with.fact,.
fi inf^roni'.w nt tbr? myiviiqp nf rMtinn
State in a condition of duressei would!
presumed to speak, us an individual*..
inacled and in prison, might be pre.,
oed to be in the employment of free-,
n. Far better to say to the State*,
dlv and frankly?Congress wills, and*
^mission demanded.
It tnay be said that the directors may
t establish branches, uoder such cir.
instances; but this is a question of
iver, and this hill rnves's- them with full
ver to do so. If the Legislature of'
w York, or Pennsylvania, or any other.
?to, should be found to be in such conv
ion as I have supposed, could there b*
y security furnished against such a step.
tha nirt nf th? direr tor* ? !M"nv. is it
t fairly to be presumed that this proviso
s introduced for the sole purpose of
eting the contingency referred to?
by else should it have been introduced?
id I submit to the Senate whether it
i be believed that any State would be
sly to sit quietly down under such a
te of things. In a great measure of
die interest, their patriotism may be
cessfulJy appealed to; but to infer
ir assent from circumstances at war
h such inference, I cannot but regard
calculated to excite a feeling at fatal
nity with the peace and harmony of
country I must, therefore, regard
i clause as asserting the power to bo
Congress to establish offices'of discount
i State, not only without its assent, but
unst its dissent; and, so regarding it,
mnot sanction it. On general princi5,
th> right in Congress to prescribe
ns to any S:ate. implies a superiority
tower and control, deprives the trantion
of all pretence to compact beien
them, and terminates, as we have
n, in the total abrogation of freedom of
ion on the part of the States. But
her: the State may e.\p ess. after the
.i 1 _ C- ~r l-.rri. l'j r inn ita di<t.
11 MUCIIII1 1HI III Ul ir^Kiauviif ? ?t,
which may from time to time there,
ir be repeated, in full view of its own
:r;sf, which can never be separated
n the wise a -d beneficent rperation of
Goveri ment: and yet Congress may,
virtue or tho : ?st proviso, overrule its
, and upon grounds which, to such
te, will appear to rest on a construe*
necessity and propriety, and nothing
e. I regard tho bill a* asserting for