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tiave been delegated ? $5ot certainly
as necessary to execute the delegated
powers, because they are very limi
ted—a general power to create cor
porations would have enabled Con
gress to have created them ad libi
tum, where there was no possible re
lation between them and any one of
the delegated powers. The vote up
on the hill incorporating the banlc
proves that if such a proposition had
been submitted, it must have been
rejected, under a conviction that the
power to create corporations is inci
dent to such of the general powers
as might require an act of incorpo
ration completely to execute them,
& fairly vested by the constitution in
Congress; because ten of the members
of that convention were in Congress,
and voted for that bill—because Gefl.
Washington signed that bill ; because
the only member of that convention
now in Congress voted for the bill,
and is now in favor of renewing the
charter j and because there were but
eight members of that convention in
Congress who voted against it.
Mr. President, I will now pro
ceed to examine the objections which
have been offered to the construction
which I have given to several clau
ses of the constitution. In the ob
servations which I made upon this
part of the question when I was up
before, I endeavored to prove that
every construction which had been
given to this instrument, upon the
idea of its being perfect, was likely
to be erroneous. The gentleman
from Virginia (Mr. G.) and the gen
tleman from Tennessee (Mr. W.)
still view it as the model of perfec
tion. They are certainly at liberty
still to entertain that opinion. Eve
ry man has a right to erect his idol
exclusive legislation in the places to
be accepted or purchased for the pur
poses therein specified. The right
to erect forts, magazines and arse
nals, is fairly incidental to the right
of declaring war, and of raising ar
rnies ; and the right to erect dock
yards is fairly incidental to the right
of providing and maintaining a navy.
But if for the sake of argument I
should admit that the right to e-
rect forts, rxc. is given in this clause,
how can it be proved that the right
to erect a light house is also given ?
Forts, magazines, arsenals and dock
yards are enumerated, and as the
constitution says that all powers not
expressly given are retained, if the
right to erect forts, magazines See. is
given in this clause, most clearly the
right to erect light-houses is retained
by the states, because it is not to be
found in the enumeration contained
in the clause. When I had the ho
nor of addressing the Senate before,
I questioned the authority of the
state governments to create banks ; 1
then stated, and I again explicitly
state, that it is with reluctance that
I have felt it my duty to make any
inquiry into the constitutional right
of the state governments to incorpo
rate banks. The state legislatures
ought to have recoiled ed the Span
ish proverb, which says, that those
who live in glass houses ought not to
throw stones. Before they under
took to question the constitutional
authority of Congress, they ought to
have thoroughly examined the foun
dation upon which their own right
rested. The honorable gentleman
from Virginia (Mr. Giles) says that
the construction which I have given
to that part of the constitution which
.j— ..... prohibits the states from emitting
In this land of liberty, and to fall l bills of credit would apply equally to
down and worship it, according to I
the dictates of his own conscience.
I endeavored also to prove, that if
we applied the same rule of construc
tion to that clause of the constitution
from which we endeavor to derive
the right to create a bank, which has
been applied to that from which the
power to erect a light house has been
derived, the constitutional difficulty
at once disappears. Until my friend
from Virginia (Mr. G.) and my
friend from Tennessee (Mr. Ander
son) had otherwise declared, 1 had
always understood the right to erect
lighthouses had been exercised as
incidental to the power to regulate
commerce. It seems, however, that
I am mistaken, and that this right is
incidental to that clause which gives
Congress the right to exercise exclu
sive legislation in certain places.—
The clause reads in the following
words :
“ To exercise exclusive Legislati
on in all cases whatsoever, over such
district (not exceeding ten miles
square) as may, by cession of parti
cular states, and the acceptance of
Congress, become the seat ol Govern
ment of the United States, and to
exercise like authority overall places
purchased by the consent of the Le
gislature of the state in which the
same shall be, for the erection of forts,
magazines, arsenals, dock-yards,and
other needful-buildings, &c.”
Now, says my friend from Tennes
see, this clause gives the right to e-
rect dockyards ; and as dockyards
must be on the sea coast, therefore,
Congress has the right to erect light
bouses, because they must also be on
the sea coast. This argument is ex
tremely logical, nay, syllogistical, in
form, but it is extremely illogical in
substance. The conclusion drawn
from the premises, is as necessary, as
though I were to say, that because
two and two make four, therefore
five and five make twelve. The con
clusion in the latter case is as neces
sary as in the former. But my ho
norable friend from Virginia (Mr.
G.) derives it from the authority gi
ven in tlxis clause, to erect other need
ful buildings. But the question re
curs, needful for what ? Why, cer
tainly for the purposes before speci
fied. What are they ? Forts, ma
gazines, arsenals and dockyards.—
If this clause gives any authority to
erect forts, magazines, arsenals and
dockyards ; the other needful build
ings spoken of must be needful for
these specified purposes. I should
suppose that no man, who spends on
ly a few days in this city, can .be
at a loss to determine what is com
prehended under the term “ other
needful buildings.” Let him go to
the dockyard, nicknamed a navy
yard in the this city, and he will there
find a little town of “ other, needful
buildiugs” in the wordsfof the Consti
tution. But, sir, I deny tnat this
ciause of the constitution expressly 7
gives any right, but that of exercising
promissarv notes given by one indi
vidual to another under the laws of
a state, as to a bank bill. Permit
me to enquire of that gentleman whe
ther he ever saw a law authorising
one man to give another his promis-
sary note ? He may search the pan
dects of Justinian; lie may turn o-
ver the leaves of musty volumes
written upon the common law, from
the days of Bracton & Fleta down to
the present day, and his search will
be in vain. For the right to .make
contracts ; the right to give prnmis-
sary notes, is antecedent to, and in
dependent of, all municipal law.—
The gentleman will find laws and
decisions in abundance, regulating
the effect of endorsements and other
collateral circumstances, and pres
cribing the manner of enforcing the
payment ofpromissary notes, but he
will n^ver find a law giving the right
to execute a promissary note. But
it is said that the bills of credit, which
the states are prohibited from emit
ting must be bills of credit emitted
on the credit of the state. If this
distinction should be well founded
many of the state banks are still sub
ject to the charge of unconstitution
ality, because in many of them the
states are directly interested, and
wherever that is the case, their bank
bills are bills of credit emitted on the
credit of the state. But the correct
ness of this distinction may well be
denied, because the restriction is as
general as it could possibly be made.
But it is said that this restriction
applies only to bills of credit which
are made a legal tender in the pay
ment ol debts ; that bills of credit,
designated in the constitution, are ex
vi termini a legal tender. For the
correctness of this exposition, an ap
peal is made to the restriction which
immediately follows it, which res
trains the right of the states to make
any thing but gold and silver a legal
tender in the payment of debts.—It
appears to me that the latter restricti
on excludes most emphatically the
construction contended for. If the
states are prohibited from emitting
bills of credit, it would have been, to
say the least of it, wholly’ nugatory'
to say they should not make them a
legal tender. II the- bills are not e-
mitted, it is impossible that they can
be made a legal tender. To suppose
that the restriction upon the right of
the 1 states to make any tiling but
gold or silver a legal tender has any
connection with or influence upon
the restriction to emit bills of credit,
is as absurd, as to suppose that ‘the
Decalogue after having dedared, that
“ thou shall do no murder,” should
have added, but, if you will murder,
y’ou shall not rob and strike the dead.
The construction of the restraint up
on the right to make any thing but
gold or silver a tender, is that they
shall nut make specific articles, as
tobacco or cotton, a tender, as was
the case in some of the states.
(Speech to be Continued.J
BRITISH HUMANITY!
The admirers of jhe British go
vernment often extolat lor its Huma
nity. But on what theatre has it dis
played this virtue ? : On what peo
ple has it been exercised ? VVho are
the witnesses, wherrf is the testimo
ny, in its behalf? '
Ask the first settlers of this coun
try', what drove them hither ?—What
tore them from their native places—
their homes...their connexions...tl»eir
friends ? What forced them across
a trackless ocean three thousand miles
in breadth—to a new Sc uncultivated
continent, inhabited only by feroci*
ous beasts and blood-thirsty savages ?
They will tell you, by their Histori
ans, it was the intolerance, oppres
sion, extortion and persecution of
the British government—and notits
Humanity ?
And when, by unexampled activi
ty, courage, fortitude and persever
ance, they had subdued and disper
sed the beasts and t’ie savages—and
overcome the many and great dan
gers and difficulties with which they
had to contend—when the stately fo
rests gave place to cultivated fields,
and the wilderness began to blossom
like tliv rose—did the government
which drove them from home and
its endearments, and deserted its best
subjects in their utmost need—did
that Government now humanely
stretch forth its hand to aid and up
hold, to countenance and encourage
them ?—No—it indeed stretched
forth its hand— but it was to grasp
the fruits of their adventure and in- -
dustry—it was to rob them of their
hard earnings and scanty enjoyments
—it was to-circuinscribe their enter-
prize and parahze their exertions
—it was to destroy their happiness
and blast their hopes ?
When the Americans refused their
demands and resisted their encroach
ments, did the British Government
pursue the dictates of Hurndnitu ?
Did it recede from its claims, 'or re
lax in its rigor? ’ Did it strive to
compromise on just grounds, or to
conciliate by’ proper means ?—No—
it insulted—it irritated——it infla
med—it outraged “ it stimula
ted discontent into disaffection, and
goaded disaffection into rebellion !”
It violated rights 8c inflicted wrongs
——-it wickedly shed innocent blood,
and wantonly provoked ruthless-war
with its loyal subjects !
When it uoilieathed the fword, bow
did it conduA the canteft ? Was it with
tendernefs, delicacy, pity and mercy ?—.
Afk the living witnelTes of the scenes of
the revolution ! Confult the impartial
chronicles of thofe times ! They will
tell you—and they will tell you truly—
that neither in the commencement, con.
tinuance, nor conclusion of the war, did
the Btitifli government discover diflin-
gnilhed Humanity. Quite the reverfe !
Even in its fnfl llages it was marked with
features ol hatred, rage, cruelty and bar
barity, unparalleled in the annals of ci
vilized nations! So vindictive anil lb fan-
guinary, lb impolitic as well as inhuman
was its conduct tl . t on the floor of Par
liament, in the very teeth of Government,
i’ome of the bell and wiled flatesinen
which England ever produced, not only
exprelTrd their disapprobation of the ori
gin and objedt and authors of the war, but
avowed their abhorrence and detedation
of the manner in which it was carried on.
Among others, Lord Chatham thus
fpoke in the House of Lords : —
“ What has been the conduct of your Min
isters ! IIow have they endeavored to cor:-
ediate the affection and obedience of their A.
merican brethren? They have gone to Ger
many ; they have fought the alliance and as-
fiftanccof every pitifu', begarly, insignificant,
paltry German prince, to cut the throats of
theiHoyal, brave,jfand injured brethren in
America ; they have entered into mercenary
treaties with thofe human butchers, for the
purchafe and file of human blood. But, my
lords, this is not all; they have entered in
to other treaties ; they have let the fava-
ges of America loofe upon their innocent
and unoffending brethren—loose upon the
weak, the aged, defencelefs; on old men,
women, and children ; upon the very babes
upon the bread, to be cut, mangled, sacri
ficed, broiled, recited, nay, to be literally
eat alive. Thefe my lords, arc the allies G.
Britain now has : carnage, desolation. and
dellruction, wherever her arms are carried,
is her newly adopted mode of making war.
Our Mini(ler8 have made alliances at the
German fliamblcs, and with the barbarians
of America $ with the mercilefs torturers of
their species: where they will next apply,
I cannot tell; for my part, I Ihould not be
fin prifed it their next league was with the
king of the gyplies; having already scoured
ali Germany and America, to ftek the allif-
tance of the cannibals and butchers. The
arms of this country are disgraced, even in
victory, as well as defeat.”
As the war progrefled its fury increased.
As the arms of Britain were foiled, tier ire
was excited. As her disafters thii kened
her atrocities were multiplied. IlerBntifii
mercenaries, her Geiman butchers, her In.
dian allies, and litr rctuge auxiliaries* were
Itimulated and pricked on to deeds ot un.
utterablc vilUny and indeseribab.e cruelty.
Towns and villages were pillaged and burnt.
Temples ot the mull High were profaned
and dtftroyed—detachments of troops were
surprilcvl and iBuliacrcd, calling to vain for
quarter—thoRfandi ar.d tens of thoufands
of the brave and patriotic Americans, who
were fo unfortunate as to fall into their
hands* fell victims to ftarvation, poifon and
ptftilence. The fccbkncfs of age and the
foftnefsof fex—ike innocence of infancy,and
charms of beauty, were alike ineffeilual to
protect the poffelsor. Blood marked every
ftep—dflolation attended every movement
—cruelty prefided over every act—and had
not the God of battles confuted the coun
cils, defeated the arts, and discomfitted the
arms of Britain, this country mull have
been depopulated, impovetifhed and ruin
ed.— True American.
THE CROUP OH HIVES.
Important discovery for the cure of the
Croup, subicl) has proved fatal to many
children
Take tour ounces of the bed olive oil,
and add from 15 to 20 grains of ipecacu'
anha, well incorporated with the oil and
give one or two tea spoons full every fif
teen minutes ,• bathe the feet in warm
water ; let the patient drink of the fol
lowing decoAion, vi/,. take a pint of wa
ter. in which put a ro»!trd oilion with
fome oil, and Engiifli faffron boiled toge
ther, and continue the above till the pa
tient is relieved, which is generally the
cale after taking the second or third dole
of the above ; if the croup Ihould assume
a ferions character you may apply a blis
ter to the wind pipe.
GREAT FLOOD.
Middletosun t (Vermont,) July 24.
■ On Monday morning,the 22d inltant.and
through the day, we were vilited with un.
common heavy (bowers of rain from S. W.
attended with thunder. According to dif.
ferenfmeasurements of water caught in vef.
fels (landing diftint from any buildings the
main water fell from 12 to (5 inches per
pendicular height. The effects were such
as might be expected. Small rivulets which
had meandered through meadows, tsV. and
paffe.d under fences, now affomed the aspetft
and powers of rivers, and swept all before
them ; changed their courfcs, and cut chan"
riels like rivers, carrying away rocks,green
trees, edc. High lands were surprisingly
marred, and low lands deluged far beyond
what the oldeft men living have ever feen.
Many acres of choice lands were ruined,
park by being swept away to a great depth,
and part by being overwhelmed to a consi.
derate height with ftones,gravel, trees, EsV.
Crops of all kinds, which, in the morning,
gave the moll flattering profpects to the
husbandman, before night were feen ming
ling in the common ruin. In low lands
the devafti.tion was general. Although the
rain began after the riling of the fun, yet
it was so powerful that by 9 or 19 o’clock,
A. m. the dreams began to be formidable.
It was rifct long before bridges, mills, tan-
houfes, yards, dwelling houfes, See. went
in rapid fucccflion. A great part of the
fields, meadows, &c. in town, had the fen
ces fwept away.
One furious event mud not be omitted.
Mr. Corbin’s family, and loine school
children (13 in number) were in a houfe
in the midd of this (now) extensive river.
The waters rising and roaring on each
side of them and the remaining banks
which fudained the house weremo*
tnently giving way. The women and
children were flu ieking for help, but for
a while no mortal could devise any
means for their relief Behold the feene 1
Mr. Corbin on the (bore beheld his wife,
chrildren, and aged mother, in this deplo*
rabie situation ; and the parents of dime
of the fcliool chrildren alto beheld their
tender offsprings on the brink of a wate
ry 1 grave.— At length Mrs. Corbin gave
up all hopes of lurviving the calamity,
lliut her doors, and concluded that flie &.
her family &c. mud in a few moments
go together into the eternal world, and
was committing herleIf and all .to God.
But in this awful moment the liberty
pole was thought of, and indanly brought,
which was long enough to r-ach the
bank on which the houfe, dood and by
means of this a number of men paffed o.
ver, and relieved the lainily and the othtr
chrildren : — within 15 minutes after they
were relieved, the houfe wer.t down the
dream. Mr- Ories Cleavland lod his
life in attempting to save this didrelfed
family ; lie was tout'd the fame day, but
I'uch was the violence ol the waters that
not the vedige of the garment was left on
him.
On the whole, the thunder founding, the
rain falling, the waters roaring, the bank
caving in, houses undermining and sweep
ing away, men calling to each other for
help when little could be done, people
fleeing fiom their houfes to fave their
lives, and confirmation and dismay 111 ail
faces, rendered the scene truly awful.
We are utterly unable to e dim ate the
damages. Indeed of doing this, we (hall
only tell the reader, that ri he Ihould vi.
lit thofe places of uoiol-itien he would
say, “ The one half was not told nle•"
From the Spirit of'TCu
CULTURE or INDIAN CORN.
The plant which contributes in
the greatest degree to national sub
sistence, best deserves the patronage
of skill and industry ; and yet the
cultivation of maize remains as it
was borrowed lrom the aboriginal
formers of America, except, that it
product is the lest of science, they
must be allowed to have been more
accomplished husbandmen than their
imitators. As the Indi' is certainly
made better crops to the acre, and
preserved (he earth in better heart,
accomplish a degree of perfection,
wlrcli from their success we know
to be attainable, however deterring
may be the prospect of our ability to
impi ove upon it. If indeed we could
be persuaded to relinquish what we
have retained of this indigenous
system, and to draw one from scien
tific principles and European experi
ence, perhaps we might recover the
palm in the cultivation of maize, ‘
lrom those to whom we have our
selves assigned it by a special cogno-
mination.
Neither in theory nor practice in
Europe or elsewhere, did v.e ever
hear of conde mning land perpetually
to severe corps, two years out of three,
without aiding it by any species uf
manure. But’if we add to this sys
tem the two items with which it is u-
sually attended, one close grazing
the year of rest as it is called (a rest
like that-enjoyed by a mun first stun
ned with blows and theft trampled to
death) the other, frequent plowing*
of two or three inches clee^ to let in
sun and keep out atmosphere, as
much as possible, it would .be view
ed as the most complete agricultural
caricature hitherto sketched by the
finest fancy for the ridiculous.
In England j a that o’ mannringi;.-
niversally attends a fallow crop, the
effect ot which is a medium product
of wheat, of about thirty bushels to
the acre. Let manuring attend
maize as a fallow crop, and we fol
low this example. To come tip to it,
however x we must get our land into
equal heart with theirs, when it re
ceives this manuring; and then we
shall be able fairly to estimate the
value of Indian corn. In its cultiva
tion, the first improvement required,
is therefore to manure it at the usu-
al rate of ether fallow crops.
The second is to plow vastly deep
er than we plow at present. In our
dry and hot climate, the preservati
on of the moisture and the inhalation
of the atmosphere, are sufficient rea
sons for this. To these are to be ad
ded, the deepening of the soil, and
an increase of pasture for the plant.
The maize is a little tree, and posses- .
sc-j roots correspondent to its size j
these roots will of course strike deep
er, both to procure nourishment,
and to strengthen this small tree a-
gainst severe winds. It follows with,
a great degree of probability, that
this large plant requires deeper plow
ing than a small one. Yet we plough
shallower in its cultivation, than ths
people in Europe do In cultivating
wheat.
I shall here endeavor to prove the
truth of a pair of paradoxes. Ope,
that shallow ploughing increases, the
other, deep plowing diminishes labor.
A single observation almost suffice*
to sustain both.—By shallow plow
ing, the seeds of grass and weeds,
are kept near the surface through
out the year, locked up by frost,
drought or immersion, ready t<*
sprout upon the occurrence of every
genial season, when they appear ia
millions, and instantly require the
plough, however recently used ; by
deep, it skilfully done, the seed*
which abound most near the surface,
are deposited below a depth of earth,
which they penetrate hut slowly and
in small numbers, so that the re
petition of plowing is far less ueces-'
sary.
One or two deep plowings, accord--
ing to the nature of the soil, will
with the subsequent use of the skim
mer or the harrow, serve to make
the crop ; in place of which at leaf*
4 or 5 shallow ploughings with the
same aid, will often destroy it.
To demonstrate the difference ia
point of labor, I will describe the
tillage of corn as I practise it t»
some extent, and leave the reader to
make the comparison in his own
mind with the usual mode of culti
vation.
The rows are never ploughed but
in one direction, cross ploughing be
ing wholly abandoned. Their width,
is 5 1-2 feet.—•
4 he field being once thrown into-
the position ol tidges and furrows,
never requires to be laid off again.
The furrow is left as deep as possi
ble ; and when the field comes again
into tillage, the list or ridge is made
upon this furrow, so that there is a
regular aiternity between ridges and
furrows. II the soil is of a friable
nature, a large plough drawn bv four
horses, and cutting a sod about 12
inches wide and 8 deep, is run on
each side of this old furrow, and
raises a ridge on its centre, on which
to plant the corn. The old ridge is
split by a large trowel hoe ploUgh,
having a coulter on the point, tv*u
thsto we do, ye may at least hope to j mould boards, drawn by iuyx hor^