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VMTUD OTA.TUS’ IIVMt. 1 01
-HfiSSAGB 4 '
FR.OM THE PHC&DU.VT V ». sl
e
nEniIMSO TUB B4NK. PiU. To IHS SENATE „
WITH IKS OBJECTIONS. 1
(Conclude If’ <j ■« our laet) c
It if» maintained l»j- the advocates of
the hank, thill its constd ilion>ility. in all 1
;ls features, ought to be considered an ’
settled by precedent, and by the decision u
of the Supreme Court. 'ld this conelu- j 1
t*ian I cannot assent. AI ere precedent
is f» dangerouj source of authority, and
should not tie regarded us deciding epics
ijons of constitutional power, except
where lt»e acquiescence of the people ’
mid the (States can be considered as well
settled. Mo far from this being the case
on litis subject, an argument again*' (he '
bank might be Imbed on precedent. One
t'digress, in 17)11, dechb d in tavor o( a
lank: number, in IHII. dei ided against ,'
jt. Oii« Congress, in ISM! decide 1 a- I '
gainst a bank : another, in I'HO, (handed j
in its favor. I’rior to the present Con- 1 J
press, therefore, the precedents drawn
I'rom that source were equal. H vve rc-
Hin I to the Mtates, the ex pres dons ol le
gislative, judicial, and executive »pini '
«>.»s •••...« die /m ik have been, proba
oiy, to those in its i.<vur, as lour to one. '
't'bere is nothing in precedent, therefore, '
xvhteh, if its authority were M iiniUe l. j 1
‘•light to weigh in favor of the a t before ! *
me j 1
If the opinion of the Supreme Co n i '
Covered lb ■ vvtiolc ground of this act, it *
ought not to conlr d tiic co ordinate an i‘
tliorities of I.ns government. The I 'on j 1
press, die Bxerndve. and Hie ! ‘aii'l, nni I 1 '
«m*‘li fn itself be guid'd by its own opm |
ion id' Ibe Coiisliliilion. IJach public 1 1
officer who lakes no oath to support tin* j
• 'oasiitntion, swears that he will support j'
it as he understands it, and not u> it i-)
understood by others li is as inn It Ibe i 1
duty of the I iou »e <;!' lie ireseiitaii ves, in !
the Senate, and of the Hr. sident, to de
< ide upon the constitutionality of any
bill or resolution wlucb m ly be present
ed to them far passage, or approv' d, a*
it is id’tlie Supreme .lodges, when it may
be brought before them,for Judicial deei
••ion. Tin? opinion of the judges has no
more authority over Congress lima the
opinion of Congress lias over the judges:
and on that p mil. the President is hide
pende.ii ol both. Tne authority of the 1
Supreme Court mast not, therefore, be
permitted to control the Congress or the *
Mxeculivc, when acting in their legisla
tive enpucide.s, but to have only sneli in- 1
Huenec us the 'force of their reasoning 1
may deserve.
Hut in the case relied upon, die Su
preme Court have not decided dial all the 1
futures of#is corporation arc conipati
tile with the constitution. It is true, tliat '
the c mil have said, that the law incur- 1
p ir.ituig the bunk, is n constitutional ex ■ 1
ereise of power by Congress. Hat tall I
iag into view the whole opinion of the '
» >nrt, and die reasoning by which limy 1
have come to that cottelusion, 1 under
."find them to have decided that, mas 1
much as n hunk is an appropriate' mean-.
t ir carryiug into effect the enumerate 1 '
fiowers of the General Govermn.-u , 1
Therefore, the law incorporating it is m
ticcordunoe with dial provision of I lit*
r wistiiuli »n which declares tliat Con
gress shall liupower "t j in ike all laws
which eh ill be needs .ary an 1 proper fr
currying those p >w«rs |m., cKueuti m
Having satisfied themsel.ur Hi it the
.void "ifir ■’■ni/." i:i the c.insijimioii
means l in rdfiil” “r.urnliil,' 1
“•nndncicr to," and dint "a bank" is a con I
vcnicnl, n useful, tied essential instill
incut in the pr.iseeull n of tin- Govern- 1
menl s ‘'liscal operations,” they conclude
that to ' use one innsi be tvilbin the dis
cretion ol Congress and, dial, "the net
t» incorporate die Bulk of the United 1
Slates, is a 1 i w made in pursuance >f
constitution.'' ••But,” sty they, -ickerc Ik 1
Inr /.♦ not fitti’ ,* V.,/, und m r.-.ili .y calculate I
le r(/ 1 < t any ,’J iifi objects entivslej In the (Ini'- •
cniniiii'. to mil -t.i here 1 1 inpiirr. into tir 1
./rgrpe of its a ■■ ,*,.•:/•<, nonld'te in /ms ■■.' i c line
• hick cirenni.icrihrs the indieial d.parhn nl. *
nlid tn I read on i cri'imil" i
Ttie principle, here n.'liruied. is. that *
the "degreu of its neces uiy, 1 ' involving 1
•ill the deluiis of a banking instiialion, is 1
ii question csclu .i v ely for legislative con '
sitlerulion. .V bank is c.mstiiuiionui: *
but it in the province of the legislature to ‘
determine whether this or that particular
power, privilege, or exemption, is ‘pie- *
eessury and proper to eaaliie the hank i
i i lisehurge its duties to the Hovernmeiit. 1
uad Iroui tlieir d ‘eisioti there is no appeal
tti ibe courts oljiistico. I uder the deei- 1
sipu of the Sopreuie Court, therefore, it 1
i s She exclusive province of Congress and
the IVemdont to decide, whether the 1
uariiciilar features of this act are "mct.i
mid /ii'ijjrr," in order to I'mihle the *
bank to perform, conveniently and e(H- 1
cieitlly, t!ie j>u lie duties assigned to it as '
a fiscal agent, and, therefore, eoiislim- 1
1 i »ii 1 1, or nttnrccs.ury und imiinijjir, and, 1
theivtbre, .unconstitutional. ‘
Witlio.it eom.neating on tin* general '
print iple a'finned by the .Su|ireine Court. 1
let ns examine the details of tins net, in !
acconlanei! with too rule ol - legislative 1
action, willed they have laid down. 1; 1
wdl be found that mmy 01 - the povve s *
and privileges conferred on it, canmit be 1
supp iseil necessary for the purpose for 11
which U is proposed to he crcnled, ami •
are not thorelore, means necessary to / I
attain thr end in view, and consequently, *
u>• j istiti >,| by the constitution. ’ ■
t ae original act of incorporation, see
t ion ’J., enact s, "dull no other bank shall
•a 1 established by any i'.iture law of Hie s
t niter! States, during the continuance ol o
i lie corporation, hereby civutcil, for «'
'which the faith of die t ailed stab •s is i Sl
hereby ui.'itged : l J t jeded. Congress may ' d
renew, existing <■ haliers fir hanks with >'
ia Ihe U, strict of Columbia, not iucieas a
tag the eajiital thereof, and may, al-o. 11
t stabiish any oilier bunk or banks In said «
l>«ti|rt. with uupilnls not exceeding, in (‘
the whole, six millions of dollars, if they e
t.liull deem it expedient.” This proxi- a
«ion is continued in Ibrce by the net be-, h
lore me. liftecn years from the 3d of v
Alareh, IMJtS. ' I c
If t)ongres9 possesses l!ie power to j f
establish one bank, they bad power to!
establish more tbun one, if m their ojiitii ,
on, UVo or more banks hud be a "n c es- j*k
snry to Irtcilitale ibe exccut.on of the ,
powers delegat'd to them in the Consti J
tution II they possessed the power to
establish n second bunk, it was u puw ii
or derived from the Constitution, to be p
exercised from lime to time, und at any t
tiin t when the in'vests *>i' tgiio •)
>r the emergencies of the Government
night make it expedient. It xvns pos
icsseil by one Congress as well ns uiiolh
'r, und by nil Congresses alike, and alike
it every session. But the Congress ol
iMltj have taken it away from their sne
ressors for Twenty years, and the ( on- ;
grcsis of LH32 proposes to abolish it for j
lifteen years more. It cannot he “ neem
vifij" or " proper* ’ for Congress to barter
away, or divest themselves ol any ol the
powers vested in them by the Constitu
tion, to be exercised for the public good.
It is not ‘‘necessary" t» the efficiency ol
the b ink, mn- is it • proper ” in relation to
themselves a. d their successors. I hey
may properly use the discretion vested in
them but they may not limit the disc o
lion of their successors. This restriction
on themselves, and grunt of a monopoly
to the hank, is therefore unconstitutional.
In another point of view, this provision
is a palpable attempt to amend the Con
stitution by an net of legislation. The
Constitution declares tliat ‘■the Congre
shall have power” to exercise exclusive
legislation in nil cases whatsoever, over
tie district of Columbia. Its conslitii
tionnt power,therefore, to establish banks
ia the District of Columbia, and increase
their capital tit will, is unlimited and uu
ennieotlwbie by any oilier power than
that which gave authority to the Consti
tution \et this net declares, that Con
gress shall not increase the capital ofex
isii,,g ■. inks, nor create other Im iks with
capitals exceeding in the whole six mil
lions of dollars. The Constitution du
el ires, (bat Congress skull have power to
• xercise exclusive legislation over this
district “in n't r,isr.s win its nvir" and ibis
■act, plccla.es they shall not. Which is
lb- supreme law of the land! This pro
vision cannot t> * re ■«,/(•(/" or “pcop r
or “mii'iiiilnniiil," unless Ibe absurdity be
admitted, tint whenever it be "necessa
ry and proper” in the opinion of Con
gress, tit. y have a rigid to lia 'lcr away
one portion id'the powers vested in them
by the Constitution as a means of exe
cuting the rest.
On *wo subjects only’d ies the consti
tution rccigni/.e in Congress the p >xver
to grunt exclusive privileges on monopo
li's. Ii declares that "Congress sic,ill
have power (o promote the progress ol
science and useful nrls, by set tiring, for
limited times, to authors and inventors,
the exclusive right to their respect lye
writings and discoveries.”- Out of this
express d -legation of power, have
grown our laws of patents and copy,
rights. As the constitnt.on expressly
delegates to Congress the power to
grant exclusive privileges in thee, cases,
is the menus of executing the snhstan
live power "to promote the progress of
science and useful arts,” it is coiisisleni
with the fair rules of construction to con
clude. that such a power was not intend
ed to be granted us a means of ace in
plisblng any other end. Gn every other
subject which comes within the scope of
Congressional power, tnere is an ever
living discretion in (lie Use of proper
menus, which cannot be restricted or
abolished without on ; neiidment of (be
eonstiimiun. livery act of Congress,
therefore, which attempts, by grants of
in mopnlles, or sale of exclusive prhi
I /'es for a limited time, nr a time with
out limit, to resist or extinguish its own
discretion in the choice of menus to exc
•tie its delegate.l p overs, is equivalent
to n legislative amendment of the consti
lulhm, and palpu I, Uiicunsiilntionnl.
I Jiis act .mill irixes and ciicouragos
tra.islcrs ol its stock lo foreigners, and
gr mis them an exemption from all Stale
and notion d tax,item. So fn- from
being “n'ressmy and jirojirr" that the bank
■mould p i-scss lliis power, to make ii
t Sidy and eliieicnl agent ot’llie Govetn
on at In its liscal operations, ii is calcu
luted lo convert the B ink of the l.'niled
■stales inti) n foreign hunk, to impover
is.i our p«*o|>le in time of peace, to dis
seminati; a foreign inllaence tbrongli
every section of the rcpnhbe, and in win
lo endanger our independence.
I'he several Stales r»-ser\ed the pow
er at the foi undion of the eoiisliluliciii,
lo regulate mid control Idles an I (runs
li-rs of real property , and niosl, if not nil
ol them, have laws de-,pialifyiug aliens
from M-qairmg or bol Idig lands wilbii'i
their binds. Hid ibis ai tin tlisregard ol
the undoubted right of the States to pre
scribe such ilisrpnliliealions, gives lo
diens, stockholders in this bank, an in
icivst and title, -as members of the cor
jiuration. lo all the real properly it may
acquire within any of the Slates of this
I nion. Tins privilege granted lo aliens
is not “nir ssiry" t > enable the hank to
perl or m its pu) die duties, nor in any sense
“projirr," because it is vitally subversive
of the rights of the Stales.
The Govermnent'of the I ailed Slates
have no constitutional power lo purchase
lands within the States except ‘for the
erection of tbits, mnga/aies, ar.-cnals.
dock yards, and other needful buildings,”
and even for these objects only "by the
consent of the legislature of the State in
which the same shall be.” By making
themselves stockholders in the bank,
and granting to the corporation the pow
er to purchase lands lor other purposes,
they assume a power not grunted in tin
constitution, and grant to others wind
they do not themselves possess. Jt is
not necessary to the receiv iug. safe keep
ing, or transmission of the funds of the
Government, that the bank should pos
scss this power, nnd it is nut proper tlr.it
-a snould thus enlarge the pow
".'o delegated to them in the constitution
The old hankuftlie United Stales pos
sessed a capital of only eleven millions
of dollars, which was found fully sDili
a id to enable it, with despatch and
adciy, to perform alt the Iboclicns re
quired of it by the Government. 'Mu
capital of the present bank is thirty live
tn.lli ms of dollars, at least twenty fan
in re than experience bus proved to b«-
iiiir.'isari/ to enable ii bank to porl'orm its
public functions. The public debt which
existed during the period of the old bank
and on the establishment of the new lias
h -cii nearly paid off’, and our revenue i
will soon he reduced. This increase of
capital is, therefore, not lor public, hut
lor private purposes. ♦
The Government is the only ‘‘proper"
judge when- its agents should reside and
keep their offices, because it hist knows
" here their presence w id be "necessary.'’
It cannot, therefore, be “necessary" or
‘proper" to authorize the bank to locate
M unches where it pleases, to perform t he
aidilic service, without consulting the
Government, and contrary to its will.
I 'a- principle laid down !*;, the
£KufiMola W ostlrtr.
Court concedes that Congress cannot es
tablish a bank for purposes of private
speculation and gain, but only as a means
of executing l!te delegated powers of the
I (jienerai Government. By the same
i principle, a brunch hank cannot consti
-1 tmionally he established for other than
public purposes. The power which this
net gives to establish two branches in uny
State., without the injunction or request
of the Govern incut, and for other than
public purposes, is not “ necesnanj' to the
due f’/ri/ilion of the powers delegated to
CJongn ss.
'file bonus which is exacted from the
bank, is a confession, upon tbe face of
the act, that tbe powers granted by it are
«reu(cr tbtui ‘ /ictcssari/' to its charac
ter of a fiscal agent. The Government
does not tax its officers and agents for
the privileges of serving it. The bonus
of a million and a bail, required by the!
original charter, and that of three mil !
•ions proposed by Ibis act, are not ex
acted for the privilege of giving “the
necessary facilities for transferring the
public, funds from place to place, within
the I failed States or the Territories
thereof, ami tor distributing the same in
payment of the public creditors, without
charging commission or claiming allow
ance on account ol the dillcrence ol ex
change,’’ as required by tlio act of incor
poration; but for something more bene
ficial to the stockholders. The original
act declares, (hut it (the bonus) is grunt
ed "ia consult ration of the exclusive pri
vileges amt benefits conferred by this act
upon the said bank and the act before
me declares it to be “in consideration of
the exclusive benefits ami privileges con
tinued by tills act to the said corporation,
for fifteen years as aforesaid.” It is,
therefore, for “exclusive privileges and
ben fits,” conferred for their ovx n use and
emolument, and not for the advantage of
the Government, that a bonus isexacled.
I’nese surplus powers,for which the* bank
is required to pay, cannot be ''nccessnry"
to make it die tiscal agent of the Treasn
ry. Iftliey were, tbe exaction of a bo
na- ! br them would not be “proper.”
It is maintained by some that the bank
is a means of executing the constitution
al power “to coin money, nnd regulate
the value thereof.” Congress have es
tablished a mint to coin money, and pass
ed laws to regulate the value thereof—
The money so coined, with its value so
regulated, ami such foreign coins ns < km
uress may ad qit, are the only currency
, known to the Constitution. Hut if they
have other power to regulate the curren
cy, i’ was conferred to he exercised by
themselves and not to he Iraiislcrred to
a corporation. If tbe bank be establish
;’ ed for that purpose, with a charter unal
terable without its consent, Congress
have parted with their power for a term
< f years, during which the Constitution
is a dead letter, li is neither necessary
• nor proper to transfer its legislative pow
I’ erho such a bank, ami therefore uncun
• stilatiminl.
My its silence, considered ia connex
■ ion with the decision of the .’Supreme
' Court, in the case of .McCutloek against
, the State of .Wary bind, this net takes from
the .’Stales the power to lax a portion of
the banking business carried on within
their limits, in subversion of one ofthe
i strongest barriers which secured them
against federal encroachments. Bank
mg, like firming, manufacturing, or any
other occupation or profession, is n Im.si
nc.'-.x, the right to follow which is not ori
; giaally derived from the laws. Every
citizen, and every company of citizens,
in all of oar rilaKs, possessed the right
until (be State I legislatures deemed it
good policy to prohibit private banking
by law. If the prohibitory State laws
were now repealed, every citizen would
again possess the right. •die State banks
arc ti qualified restoration of the «righl
which has been taken away by tbe laws
against banking, guarded by such prove
sions and liniitnti.-ns as, in (ho opinion
ol the .slate legislatures, the public inter
est requires. These corporations, unless
(hero be an exemption in their charter,
are like private hankers ami banking
companies, subject to Slate taxation—
The manner in which these luxes sledl
lie laid, depends wholly on legislative’
discretion, it may he upon the hank,
upon the stock, upon the profits, or in any
o’bar mode which the sovereign power
shall will.
Upon the formation ofthe Constitution,
the Wliile guarded their taxing power
with peculiar jealousy. They suiTen
dered it only as it regards imports sun!
exports In relation to every other ob
ject within their jurisdiction, whether
perso.is, property, business, or proles
sions, it w as secured in as ample a man
ner as it was possessed. All poisons,
though United Stales officers, are liable
to n poll tux by the Slates w ithin which
they reside; the lands of the United
States are liable to the usual land tax. ex
cept in tbe new Stales, from whom n
greements that they will not lax unsold
lands, are exacted when these are admit
ted into the I nion : horses, w agons,any
beasts, or vehicles, tools or property, be
longing to private citizens. though em
ployed in the service ofthe United Stales,
arc subject to State taxation. Every
private business, whether carried on by
an otlieer ol (lie General Government or
not. whether it be mixed with public con
eerns or not, oven if it be curried on by'
the Government ofthe United Slates it
S"lf. separately er in partnership, falls
within me Scope of the taxing power
°f fae Slate. Nothing comes more fully
within it than banks and the business of
banking. Gy whomsoever instituted and
carried on. Over this whole subject
matter, it is just as absolute unlimited mill
inieontrolable, as if the Constitution had
never been adopted, because ia (be for
mation of that instrument it was reserv
ed w ithout qualification.
Tbe principle is conceded, that the
Slates cannot rightfully tax the opera
tions ofthe General Government. They
cannot tax the money of the government
deposited in the State hanks, nor the a
gency of those banks in remitting it ; but
w ill any man maintain that their mere
selection to perform this public service
for the General Government, would ex
cept the State banks nnd their ordinary
busines from taxation ? Had the United
skates, instead of establishing n bank nl
Philadelphia, employed a private bank
er to keep and transmit their funds,
would it have deprived Pennsylvania «i
the right to tux his bank and his usual
banking opehilions? It will not be pre
tended. Upon what principle, then, nre
the banking establishments ofthe liunk
of* the United Slates, nnd their usual
hanking operations, to be excniptei
from taxation ! It is not their public a
gency,or the deposites of the govern
ment, which the Slates claim a right to
tax, but their banks and their banking
powers, instituted and exercised within
State jurisdiction for their private emol
ument—those powers and privileges lor
which they pay a bonus, and which the
States tax in their own bunks. The ex
ercise of these powers within a State, no
matter by whom or under what authori
ty w hether by private citizens in their
original right, by corporate bodies crea
ted by the Stales, by foreigners or the a
gents of foreign governments located
within their limits, forms a legitimate ob
ject of State taxation. From Ibis, and
like sources, from the persons, property
and business, that are found residing, lo-
I oated, or carried on. under their jurisdie
i lion, must the States, sineethe surrender
of their right to raise a revenue from im
ports ami exports, draw' nil the money
necessary for the support of their gov
ernments, and the maintemiiieo of their
independence. There is no more appro- ,
prialo subject of taxation than banks, i
hanking, and bank-stocks, nnd none to i
which the Slates ought more pertina
ciously to cling. j
It cannot be wcrssnnj to the character j
ofthe bank as a fiscal agent of tbe gov- j
eminent, that its private business should
be exempted from that taxation to which
all the .'Slate banks are liable; nor can I
conceive it “proper' that the substantive
and most essential powers reserved by
the State, shall be lints attacked and an
nihilated as a means of executing the
powers delegated to the General Gov
ernment. It may be safely assumed,
that none of (hose sages who had an n
gency in forming or adopting onr Con
’ stilntion, ever imagined that any portion
ofthe taxing power of the Whites, not
prohibited to them nor delegated to Con
gress was to be swept away and annihi
lated ns n means of executing certain
powers delegated to Congress.
If mir power over means is so abso
lute. that (be Supreme Court will not call
in question the constitutionality of an act
of Congress, the subject of which “ is not
prohibited, and is really calculated to ef
fect any of the objects entrusted to the-
Government,” although, as in (lie case
before me, jt takes away powers ex
pressly granted to Congress and rights
scrupulously reserved to the States, it
becomes us to proceed in our legislation
with the utmost caution. Though not
direct y. our own powers, and the rights
of the Stales, muy be indirectly legi -da
(ed aw ay in the u.-e of means to execute
substantive powers. We may not enact
dial •’ojtgress shall not have tbe power
of exclusive legislation over the Histricl
oft toliiinbia, hut we may pledge (he bulb
of the U. Stales that as a means of exe
cuting other powers it shall not be exer
cised Jbr twenty years or for ever. \\'e
may not pass an net prohibit.ng t!.e
Siates to tax the banking business cam
ed on within their limits, but we may as a
means of executing our powers ovt r ob
jects,. place that business in tbe bands ol i
our agents, and then declare it exempt i
from .'Slate luxation in their hands. Thus
nay our ov, n powers nnd the rights* of
the States, which we cannot directly
curtail or invade, be frittered away and
extinguished in the use of means employ
ed by us tojexecule other powers. That
a Bank ol’the United (Stales, competent,
to all d nth s which may be required by
the Government, might be so organized j
us not to infringe on our own delegated !
powers or the reserved rights of the |
•'dates, !do not entertain a doubt. Had i
the Executive been called upon to fur
nish the project of such an institution, the
duty would have been cheerfully per
formed, lit the absence of such a call,
it is obviously proper that heshould eon
line himself to .pointing out (hose promi
nent features in the act presented, which,
in his opinion, make it incompatible with
Hat constitution and sound policy. A
general discussion will now take place,
eliciting new light and settling important
principles : and a now Congress, elected
in the midst ol such discussion and fur
nishing an equal representation of (he
people according to tint last census, will
bear to the Capitol the verdict of public
opinion, and, 1 doubt not, bring this im
portant question to n satisfactory result
I taler such circumstances, the bank
conies forward and asks (or a renewal cl
its charter for the term of fifteen years,
upon conditions which not only operate
as a gratuity to the stockholders of many
millions ol dollars, hut will sanction any
abuses and legalize any encroachments.
Suspicions are entertained and char
ges are made of gross abuses and viola
tion of its charter. An investigation un
willingly conceded, nnd so restricted in
time, as necessarily to make it incom
plete and unsatisfactory, discloses c
iiongh to excite sa pieion and alarm. In
the practices ofthe principal bunk parti
ally unveiled, in Iheabseneeof important
w itnesses, & in numerous charges conti
cloudy made, and ns yet wholly muesli
gated. there was enough to induce n
majority of the Committee of In vcslma
lion, a committee which was selected
from the most able and honorable mem
hers ofthe House of Representatives to
recommend a suspension i f further ac
tion upon the bill, and a prosecution ol
the inquiry. Astlie charter laid yet four
years to run, nnd us a renewal now- was
not necessary to the successful prosecu
lion of its business, it was to have been
expected that the bank itself, conscious
of its parity, and proud of its character,
would have withdrawn its application
for the present, and demanded the seve
rest scrutiny into all its transactions. In
their declining to do so, there seems
bean additional reason why the function
aries ofthe government should proceed
with loss baste,and more caution, in the
renewal of I heir monopoly.
The bank is proiessedly established ns
nn agent ofthe Executive branches of
the Government, mid its constitutionality
is maintained on that ground. Neither
upon the propriety of present action, nor
upon the provisions of this act. was the
Executive consulted. It has hud no op
porlnnity to say that it neither needs nor
wants an agent clothed with such pow
ers, and favored by such exemptions.
There is nothing in its legitimate sane
lions w hich make it necessary or proper.
Whatever interest or inflnen-e, whether
public or private, has given birth to this
act. it cannot be found either in the w ish
es or necessities of (lie Executive be
1 partment by which present action is
deemed prein nture, ami the powers con
(erred upon its agent not only unneeossu
ry, but dangerous to the Government and
country.
It is to ho regretted that the rich, and
powerful too, often land the acts ol
Government to their selfish purposes.
Distinctions in society will always exist
under every just Government. Ikjtinli
ty of talents, of education, or of wealth,
cannot be produced hy human in.stitu
lions. In the full enjoyment of the gifts
of Heaven nnd the fruits of superior in
dustry, economy and virtue, every man
is equally entitled to protection hy Jaw.
Hut when the laws undertake to mid to
these natural Adjust advantages artificial
distinctions, to grant titles, gi utilities, und
exclusive privileges, to make the rich
richer, und (he potent more powerful, the
humble members of society, the farmers,
mechanics, und laborers, who have nei
ther the lime nor the means id seeming
like favors to themselves, have n right to
complain of the injustice oft hair t Jovern
j meat. There me now no necessary
evils in government. Itsevilsesist only
|in its abuses. • If it would coniine itself
! to equal protection, and, as Heaven does
its rains, shower it's favors alike on the
high and the low. the rich and the poor,
it would he tin equal!fled blessing In
i the net before me, there seems to he a
| wide and unnecessary departure from
these just principles.
Nor is our Government to he maintain
ed, or our Union preserved hy invasions
of (he several Mral.es. In thus attempt
ing to make our General Guvcinine.it
strong, we make it weak. l(s true
strength consists in leaving individuals
and States ns much as possible, L> them
selves; in making itself felt, not in it
power, hut in its beneficence, not in iis
control, hnl in itspr- tcciion, notin bind
ing the States more closely to (he centre,
hut leaving each to move, unobstructed,
in its proper orbit
Experience should teach us wisdom.
Most of Ihe difficulties our government
now encounters,and most of the dangers
which impend over our Union, have
sprung from an abandonment of tliclegi
tinnr e objects of government by oyr mi
lional legislation, and the adoption ol
such principles us are embodied in this
net. Many of our rich men have not
been content with equal protection and
equal benefits, bat have besought us to
uudte them richer by act of Congress.
Hy attempting to gratify their desires,
We have, in (lie results of our legislation,
arrayed section against section, interest
against interest, and man against man
in a fearful commotion which threatens
to shake the foundations of oar Union.
It is time to pause in opr career, to review
our principles, nnd, if possible, revive
j that devoted .patriotism and spirit if
compromise w Inch distinguished the sa
igas of the revolution, and the fathers of
| our Union. If wernnaot at once, injus
j tier to interests vested under impr-vi-j
dent legislation, make our government '
vvli'il it ought to he, we can nt least, take i
a stand m ainst all new grantsof numop- :
| olios and exclusive ji/ivileges, against I
I any prostitution of our government to;
the advancement of the few nt the ex
pense of the many, and in favor com
promise am! gradual reform in our code
of laws and system of pi lilicalcc momy
I have now done my duty toinycoua
try. li’snsl.lined by my f.llow citi:-;elis,
I shall be grateful and happy; it not, I
shall lind in the motives which impel me
ample grounds for contet.lic.ciit and
J peace. In the difficulties which surround ;
j us, anil the dangers which threaten* ot;rj
I institutions, there is cause for neitlur!
dismay nor alarm. For relief and deliv
erance, let us (irmly rely on that Idi d
Providence which, f am sure watches
with peculiar care over the destinies ol
our republic, nnd on the intclligom e 1
N wisdom of our countrymen. Through I
///Vabundant goodnessand thnir phtriot
ie devntii n, our Hherl.y and Union wii!
he preserved.
ANDREW JACKSON.
Washington, .Jniy l(f, IS,•>.
~~ ArwIISTA :
SAT I I<DA\%TI XV 21 1 ~ I8»a;
“ Bp jnsl, nnd fear not.”
TO COIIKUSrONDIiNTS.
Burke,” ‘‘7G,” “Premium,” and the Cel
ebration at Mullorysville, ate received, and shall
bn published as early as practicable. Wo have
also received a letter Com our respected f'.ieud,
Major Wood, of Mclntosh county, in relation to
sonmju.e ren.utks of ours, on llie Resolutions
offered by biin in the Senate, in 18‘d9; which was
placed in tlie hands of the compositor, for publi
cation to day; but is necessarily crowded out,
together with much other o iginal matter—and
among it, Mr. Hobby's speech, the length of
which rendered it impossible for us to publish it
entire in the present No.
Till'd CUOLLRA
Is spreading, at the North : and subsiding at
Quebec and Montreal. Ii is said to liavebrol(p.n
out among the U. S. Troops on the North Wes
sent frontier; and one case has been reported in
Philadelphia, one in Brooklyn, and a number in !
Albany. Two eases and onodeath had occurred
among the Troops on board the Steam Coal
Henry Clay, near Detroit, on the way from N.
York to Chicago. In N. Yo:k, on the It’ll., UP
new cases, and 51 deaths; end on the loth,
101 new eases, and 40 deaths.
Dr. John Carter, an eminent physician of
Ibis city, departed on Tuesday last, for N. York,
with the view ot studying the disease, in that ci
ly, so as to he the better prepared to meet it,
should our 7:1% be so unfortunate as to he visited
hy it. lie deserves great credit for the foailess
spirit and energy 4ie has manifested in this mat
ter: nnd we join his numerous friends and relu
lives, in ardently wishing hint a safe return.
C IT.KIiKATIO.V, AT APPLING.
Tlie following Toasts,having been erroneously
piloted, in our last, we republish them,conoctodi
By C, If. Shockles. State Sovereignly and
the Constitution: When the one is trampled
down, by judicial und the other hy
unjust legislation, we are prepared to saciitice
Union upon the altar of Liberty. (3 chars. )
By George Graves. South ('arolina: “This
is my own, my native land.” May her tutelar
deity enable her, like young Hercules, to strati
• gle every Hydra that may he sent by her ene
mies to destroy her.
GEOKG!A V , jn
,ii ""’ c '
Peniod, under , ho .. WM
r of abk.,
*' bo m t..tr«„ #fßr JH
C ; ,r yas ,;m
piumco with t,.0 wishes „f " ~ l: ‘' • M
r:; r<l great - ■
f-ho editor speaks of t!, e iv\^|
‘aleuta, love of Georgia J'°J Wl;
him among the fir sl me ’
t|.|- article iSeeh* l .. SUr^! ;;;; n
tins commendation. Then
reconcile his | ovo of „ )fi ..
for nullification; but he fin,'
ing that himself. 1,0
B >' 'l‘o by, did not the editor ■ I
ealion, or some mode ofd-re'“'
-irtanuoto the Tariff. W | leue f^M
ron . several years , ... ‘ , rif NV ■
xvoukl famish us with „ fi| ()
Tills VETO I
Message i 3 un!l , lesli ■
‘ l,c m *"V able documents ‘
'° ,n ,ilB l’ r(il!c „i administration' 1 *
the moat valuable one to ,t,„ ’ ;i “
scarcely think it possible thu^anv'' "'"’B
coixcrpteneos it provoke, to the o'
P 'ss.hly have taken an o H , OMle
=i ? .^i Ug like up.^
“l cc u, 9t . has its merits; hut ber,^?*
Irtusic uiei its of the document j,,. 7 "“M
gord it nci-t do to tlio country,
a e ‘ rfe : ,slUll,, > of .lie,,.',*
miw and striking ; and, iftl.e p rwid J.
0111 1,111 Ih o P- iu. ij.lcs it | j*
yoanuhe appellation „f (/(eMri , w *
"■ j , U,J ' B Cr ,he f, ltciilmi, (if the re.ad er| !S
ticmarly to the (our last paragraphs. The, , I
sunt . m striking c01..;*, the true principles j.|fl
nulhlicrs, or constitutionalists, of t| le s,*
I.ct thoinI ho read will, reference l 0 .lie,,,*
tun lat ill, to which they iitasl |>arliu.larl v
ply, an Ito which, it seems t„ , H) lh , p.j, W
must have designed to apply them, im J Wl dH
each one ask himself, how cut, the »
possibly approve or sanction, in t| le slighte,)
greo, the protective system ?-how i.i ■
tlic fat.li Bill of the present session,as noa I
sed ? how cun ho possibly bo ulhe.wt* ,1.3
nuihlier, in piineiplc?—To be atalic,,- ■
he must reject the Taiiffliill; und. f.im,
in nls, we should feel sure lli.iiho u„ni,i ■
did wo not re collect that ho lets „ „st J
violated the principles of his u-t„ ul Hit
, ville Road hill, hy signing tin; Internal I n,-..,1
i.tent hill ot the present session, c»iii,;ini l( ;(iyB
j as had, at least, if not mu h ivir ro pan,-.un-.l
<vil send hu nn,y he turn toliimsiliiiriiihi>,vß
I c. 1 pies i—we cuultl desire iitiilnna i.ioi'e of lal
TO TUG LAiifliH, I
. Mr. (A nr :.N TJ UK n.\i es lh'j I.aitifi Ittvi-i.
li.jo.iis, and exaiiiino Ins f, eciinuis ilns ~! • I
icon, and proposes to instinct a class ot ihoii H
tlic ait of Penmanship—an ..<t so dcs.iuliic,m -H
(..ufectit.il, yea, almost .mils, onsahln, iu m. t H
conijilishod If male. U hat oilier Ivniiiluam-I
(dishtnenl is so interesting, so staking, an I
emitting, to the other sex/ Valuable and : m
pm taut as it is to mm, m wuiiiau, ■ , I
j actual charm, almost surpassing id! 'tu: ■
I Vv ho has not been roused to the most lerie- I
t Ued and imjuistlii e interest olid ihdigh ,I. ■
sight of a beautifully neat If male luml !-•" I
-where—hut say, in the siiperacripti-.ii ol ;■ t ■
How the heart hounds, to think ul me ops*
j sentiments, that may he esi I'esstil llteiein, “
the sweet, silent, lovely, and lining lliuiiglits,
the boudoir, and the d dk- slicclick', llialii.*-
have been eliorished and eullivatuf and baa'-
fully expressed, hy one, who Ifus ac-puadi'
practiced such a hand 1 llou' one iiituluhlya
socialos with it, lotnantic ideas ul duliclotistun
tcirqilalion, poeliy, fMend-liip, iiml iuvs-ui
the most facinal ing and preciousel all ••pis’ -on
correspondence! How one may reul in ■■■
exquisite fancies of a letter t" nin-.-f I, in-- •
ham), and with such thoughts and Icoungs
must express ! And how one (• cU (irci-u t
love and idolize the writer, In ‘.uv.r.-r
And, then, to think of the sonew a:H d:-toay
has experienced, at seeing Luatitiiul ..o*-
tlicnglitp, convoyed itt a ragged,, up ana
illegible, und awkward scrav.! If
And what intelligent ami acc-wi-l-*; '* p
would iiillict such pain, v, here s..c id g-* l '
so much pleasure and admiration; mid '" '’" f
should know, that no It-male nctui.u,
capable of exciting so much, and
fascinating an interest in its ■'
dancing, painting, or music—as J ■
Go, then, Ladies, and lea.n
Mr. Cyiu’entieu- lie is a gentium
cd, accomplished, and amiableom ,
deiitmls show, that lie Ins been reerno
nun ked respect and dislinclieii, into lh. J y
cictv in our country and LurOj.e- “
taught great numbers ofynursox a d
,y given the utmost suttsluCon-.n J.
illuy rest assured of experiencing, nnd ' “
lion, none hut tiie most reapeU.-t ‘ *
manly attention, and scrupulous p. ;
[iurlaient.M eTiul juslilied in rccoiittnesd'-j
i» your utmost confidence. Am .
o;q>ortunity' of acqui ing 1111I 111 ' 1
lighlful and most valuable atecn-p
--not again occur.
tariff bill basses
The Tariff Bill of the P re?9 1 ■; :■■■
ly passed, as will he seen by rvlctcm
following sketch of il.e pror.-cdmSb ' ~ ..
copy from the Washington 'leiog'
iquity of it is amply developed
in which it is shewn, that .t M base. ’
mous principles ot Mr. Cl >j 5 • t '. ,
is considered by Mr. Clay an- t.-c -
as finally establishing and tix.nfe _,,,
tecting syeteui, without the p ’• p'
moval on our part, and leaving ■
to alter it, at the next and sue
fully to suit themselves, bp'
i and strengthening the
Will the people of Georgia
faced tyranny and im pm.'
President ha consist* ,!, i p ,