Newspaper Page Text
VoL. II.
MILLEDGEVILLE, WEDNESDAY, SEPTEMBER 18, 1811.
No. 47.
Published by seaton grantland
(PRINTER TO THE STATE,) ON JEF-
PERSON STREET, OPPOSITE TflE
NORTH END Of THE ST ATE- HOUSE*
TER MS......THREE DOLLARS PER AN* (
ROM, ONE HALE TO RE PAID IN AD*'
VANCE.
Advertisements will be thank
fully RECEIVED, AND PUBLISHED
,AT THE CUSTOMARY PRICES.
Entertainment.
The Subscriber having taken that
well-known stand, formerly occupi
ed by David Fluker and lately by
Henry Darnell, fronting the State-
House, respectfully informs his
friends and the public in general,
that he intends to keep Entertain
ment, and good stableage for horses,
and flatters himself by strict attenti
on to give general satisfaction to
those who may favor him with their
custom.
Jabez Roberts.
Milled geville, Sept. 4 45—tf
The Subscribers
Have opened as a
House of Entertainment
That large, commodious aud airy
building of Capt. Jett Thomas, on
the East corner of the State-House
Square, where may be found at all
times good Wines, Spirits, Beds,
Fires, Stables &c. It will be our
object to render our accommodations
at least equal to any in the up-coun
try, by affording at all times prompt
attention to those who may favor us
with a call. Under these arrange
ments the subscribers flatter them
selves with deserving a share of pub
lic encouragement.
John Cary,
Jett Thomas.
Milledgeville, Sept. 3. 45—tf.
Lost,
Between Mahone’s Ferry oh the
Oconee river, and Rethal Meeting-
House below Sparta, a black moroc
co pocket book, containing sundry
papers of importance to me, which
can be of no value to Any other per
son—Also, a fifty dollar Virginia
bank bill. Whoever will deliver
me the same, shall be liberally re
warded.
Wm. G. Bryant.
Putnam, September 4 45—tf
Administrator’s Sale.
Will be sold, at the market-house
Sn Santlersville, on Tuesday the
6th of November next, a House and
Lot in said town, belonging to the
estate of John T. Bryant, deceased i
•for the benefit of the heirs and cre
ditors of said deceased.
THOMAS BUTLER,
JOSEPH BRTANT,
Administrators.
September 4 45—tds
NOTICE.
The Subscriber has established a rule that
all watchesdeft with him for repairs, if not
taken out of the (hop within 12 months after
they are left, will be fold to pay the bills—
and likewise, that all watches which have
been in the fhop more than 12 months, if
not taken out in two months from this date.
Wilt be sold for the bills.
R. B. WINGIT
Milledgeville, Sept. S. 45—St.
©tjmff’a .©ale.
On the first Tuesday in October
Dcxt, Will be Sold, between the u-
sual hours, at the Court-house in
the town oi Monticello, Randolph
county,
25 head of cattle, one rifle gun and one
forrcl borfe, levied on as the properly of
Booth W. Fitzpatrick, to fatisfy fuudry
executions again!! him.
Two negroes, Tiller and Charlotte, ta
ken as the property of Clement Tanum,
to fatisfy an execution in favor of Henry
Walker, & Co. Conditions Cafh.
J. EVANS. D. S.
Auguft 23 45—tds
i ust received from New-York,
A SUPPLY Ob'
Fall & Winter Goods,
which together with our present
amek cbmprises a complete assort
ment, suitable for the up-country
market, and will be disposed of low
for cash.
Devereux, Sanford Is? Co.
September 11 46—3t
Mr. Crawford'* Speech.
(concluded-)
But it to said that the history of
the state* will shew that the bills of
credit, specified the constitution,
were those onfy which were a legal
tender in the payment of debts. Let
us examine this point, according to
the rule of construction applied to
another clause in the Constitution
by a large majority ot houses of con
gress during the present session.
Another clause in the constitution
gives congress the.power to admit
new States into the Union, under
two limitations-lst, that no new
state shall be formed within thfe li
mits, of any state without the Consent
of the state—and 2d, that no new
state should be formed by the junc
tion of two or more states, without
the consent of such states, and also of
congress. These limitations prove
that the formation of new states, with
in the limits of the United States,
was in the view of the-convention at
the time thatthisxlause Was adopted;
and the subsequent clause, which
gives congress the power to make
rules for the government of its ter
ritories prove that, these territories
were at that moment under consi
deration. In addition to these rea
sons for believing that the framers of
the constitution hail tm idea of form
ing new states, beyond the limits of
the United States, those who were
opposed to the admission of Orleans
a8 a state contended that the history
of the United States proves that
the power to erect new states and ad
mit them into the union, was intend
ed to be confined to new states with
in the limits of the U. States, at the
formation of the constitution, and
that a different construction would
disparage the rights of the original
states, and of course be a violation
of the constitution. What reply did
the majority of congress give to this
train of reasoning ? They said that
the right to admit new states cannot
be subject to any other limitations or
restrictions than those which are
contained in the clause which gives
the right, and as there is no restricti
on upon the right to erect new states
without the then limits of the U.
StauB, congress have an unlimited
right to erect and admit them into
the union. Let us apply the same
rule of construction to the restriction
of the right of the states to emit bills
of credit. The restriction is a gen
eral one ; it has no exceptions, and
every attempt to make exceptions
ought to be repelled by the answer
which was given to those who oppo
sed the right of Congress to admi.
the territory of Orleans into the Uni
on as a state. The construction I
have contended for gams additional
weight when we consider the res
triction which immediately precedes
that under consideration. No state
shall coin money, emit bills of cre
dit, Ike. Bills of credit arc but the
representatives of money. The con
stitution gives Congress the right to
coin money, and to regulate its va
lue, It takes from the states the
right to coin money and to emit bids
of credit. Why give to Congress
the right to coin money, and regu
late its value i Because the interest
of the nation requires that the cur
rent coin of the nation should be u-
nilorm both as to us species and va
lue. If this ?s the true reason why
the right of coining money and fixing
its value was given to Congress, does
not the right to issue that which is to
be the representative of this coin ;
which in tact is to usurp its place ;
which is to be tin real currency of
the nation, necessarily belong to Con
gress ? Does not the right to create
a bank, which shall issue this repre
sentative of money, come within the
same reason ? I think it does.
My friend from Kentucky (Mr.
Clay) contends that the right to cre
ate a bank will prove destructive to
the rights of the states, because if
Congress can incorporate a bank, it
may under some pretext or other ere
ate other corporations and authorise
them to hold real and personal estate
which shall be exempt from the right
of taxation by the states. That if this
is admitted, Sc he believes it generally
is admitted But the stated cannot tax
bank stock, hp tins tray the states
may he deprived of the power of tax
ation, '6tr, I am one of those who
do n<# admit the fact. (Mr. Clay
said that he did not admit it neither,
though he had understood, that the
bank held that doctrine.) I am ex
tremely glad that we think alike, at
least u pon this collateral point. 'Hie
right of the states to impose taxes is
unlimited by the constitution of the
U. States—they therefore can taX e-
veiy species of property, which is
within their legislative jurisdiction.
The unlimited power of the states to
impose taxes is in all probability the
true cause of giving to Congress the
power of. exclusive legislation over
all places which should be selected
for the erection of forts, magazines,
arSenals and dock-yards, because
public property to a great amount
..would necessarily be collected in these
places, and but for the vesting the
right of legislation in Congress to
the exclusion of the states, dll • this
property would have 4w<fn subject to
taxation, which would have produ
ced great embarrassment.- It has
been said, not indeed Upon this floor,
but by men for whose opinions I en
tertain a very high respect, that the
right of the states to tax bank Block,
is inconsistent with the right of Con
gress to create a bank. That the
right of taxation destroys the right to
create, because the states by immo
derate taxation could drive the bank
out of their limits. All arguments
drawn from the abuse of a right
ought to be received with great cau
tion, but if it is entided to any weight
in this case, it equally proves the
unconstitutionality of the state banks,
because the right of Congress to lay
and collect taxes, is subject to but
two restrictions ; that -they shall be
uniform, and that direct taxes shall
be according to representation. Sup
pose Congms was, under * necessi
ty of raising 100,000,000 dollars by
direct tax, the whole or nearly the
whole of this sum might be imposed
upon bank stock, and by that means
the state banks totally destroyed.—
The advocates of this doctrine are
also advocates for state banks. If
the right of taxation by the states
proves the unconstitutionality of the
bank of the U. States ; the right of
Congress to tax equally proves
the uuconstitutionality of the state
banks.
To the fervid imagination of my
friend Irom Kentucky (Mr. Clay) this
power to create a bank appears to
be more terrific, than was the lever
of Archimedes to the frightened ima
ginations of the Romans, when they
beheld their gallies suddenly lifted
up, aud whirled about in the air, and
in a moment plunged into the bosom
of the ocean.—Are these apprehen
sions founded in reason, or are they
the chimeras of a fervid and perturb
ed imagination ? What limitation i
Wiiat limitation does the constituti
on contain upon the power to lay
and collect taxes, imposts,duties and
excises ? None but ihat they shall
be unitorm ; which is no limitation
of the amount which they can lay and
collect. Wnat limitation does it con
tain upon the power to raise and sup
port armies ? None other than that
appropriations shall not be made for
a longer term than two years. What
restriction is to be found in it, upon
the right to provide and maintain a
navy i None. What upon the right
to declare war, and make peace ?
None, none. Thus the constitution
gives to the government of the U. S.
unlimited power over your purses—
unlimited power to raise Armies and
provide navies—unlimited power to
anake war and peace, and you are a-
larmed ; you are terrified, at the
power to create a bank to aid it in the
management of its fiscal operations,
S>r, nothing short of my most pro
found respect for honorable gentle
men, who have frightened themselves
with this bug-bear, could induce me
to treat the subject seriously. Gen
tlemen have said that they are alarm
ed at the exercise of this power,
and I am bound to believe them.—
Sir, after giving Congress the right
to make war and peace ; the right-to
impose taxes, imposts, duties^ and
excises ad libitum; the right to raise
and support armies without reStricti-
on as to ntmuhsik or term of service ;
the right to;provide and maintain a
navy Without limitation, I cannot:
bring myself to tremble at the exer
cise of a power incidental to only one
of these tremendous grants of pqwer.
The gentleman from Kentucky (Mr.
Clay) contends that we have attempt
ed to give a. degree of weight and
force to what we are pleased to call
precedents, to which they would not
be entitled, in those tribunals from
which we derive all our ideas of
precedents.. I am happy to find that
my friend from Virginia (Mr. G»)
agfees with me in opinion upon this
subject. Indeed the principal differ*
ence between that gentleman and my
self, is confined to the question of ex
pedience. He thinks that the con?
struction which has been given to the
constitution ought to be considered
as conclusive ; and that great in
convenience will be.produced by un,
settling yhat ought Ao.be considered
as finally settled and adjudged.
. I agree also with the gentleman
from Kentucky, that a precedent, to
have weight, must be in point—that
the issue upon which the decision is
made must be the same as that in
which it is adduced as authority.—
To this I most heartily agree, and
will rely upon it, to shew that the
cases which we urged as precedents
are entitled to the greatest weight.
In all cakes between individuals, they
are supposed to understand their own
interests, and their own cases. The
plaintiff is supposed to understand
the point upon which the decision of
his case must depend. The defen
dant is supposed to understand the
ground of his defehce. They make
up an issuer either of fact or of law.
It is this issue which is to be tried.
Any declaration or expression of the
judge which is not confined to the is
sue is of course entitled to no weight.
Well, Sir, what is the nature of the
precedents upon which we rely t 1st.
That a republican Congress in the
year 1804 passed a law extending the
operations of this unconstitutional in
stitution, as they contend, into terri
tories to which they had no right to
extend them by their charter; In
the year 1807—they pass a law pun
ishing the forging of their bills.—
Now, sir, my friend from Tennessee
(Mr. Anderson) says that those who
passed the bank bill were afraid to
venture that far—they were afraid
to pass a law to punish the counter
feiting of their bills ; but in the year
1798, in the plenitude of federal do
mination, they passed a law to pun
ish counterfeiting the bills of the
bank. It is certainly true, that the
federal party did pass this bill in that
year, but it is equally true, that the
republican party in the plenitude of
their power did pass a bill of the same
kind in the year eighteen hundred
and seven. Well, sir, what is the
issue which is tendered in the pas
sage of every bill by the Congress
of the United States. First, that the
constitution gives them the right to
pass the bill ; and second, that it is
expedient. The first, sir, is the most
important issue, made up between the
national legislature, and the people
of the the United States, in passing
bills by which their rights are to be
protected or violated. How then are
we told that these laws passed sub
silentio—lHat the constitutional right
of Congress to pass such a law ne
ver was discussed, or even thought
of ? Sir, suppose the gentleman
from Kentucky had constituted me
his attorney to. do a particular act for
him, and i had performed an act un
der that power which had no con
nection with the one which he had
authorised me to perform, and when
charged with this violation of my
trust, I should gravely say, really I
never examined the power but took
it for granted that I had the right—
that in fact I had done it sub silentio
—what would my friend from Ken
tucky say to such a reply ? ~ But,
suppose I had taken an oath to dis
charge the trust with fidelity and skill
—and that I would in all things
touching the trust confine myself to
the power delegated to me. Sup
pose I say under these circum
stances, I should violate this trust
—should transcend the authority
and per%m act cleaijr
not delegated t What would the
gentleman say to me, whenl gra' Il
ly told him, that I had not particu
larly examined the authority-kinder
which I actetj, that I had done It
sub silentio ? Sir, this way of dis
posing of. these formal voluntary acts
of the government, sanctioning the
legality and constitutionality of the
bank charter, will not be accepted*
Some more happy expedient must be
devised. But, sir, we are told that
beause the constitution contains with
in itself the principles of amendment,
that if any doubts existed on this
subject it ought to have been amend
ed. Whenever the states have con-
ceivedhtheir rights to have been affec-
.ted by any construction which has
.been given to the constitution, they
have shewn that they knew how to
obtain relief. . When, the supreme
court of the. Untied -Stfitaa'uhaertook
to support tnedoctrine that an indi
vidual could sue a state, they did
not hesitate to interfere and the con
stitution waft amended. Whfen an
embargo was l;-vl in the year 1807,
those states who were most inimical
to that measure did not hesitate to
offer an amendment to the constituti
on. Whenever the construction is
given to the constitution by a legi
timate and competent authority, those
who ate opposed to that construction
ought to propose amendments, and
not those who are satisfied with it.
If the construction given tp the con
stitution by the creation of the bank,
was thought by the republican party
to be vicious, then indeed have they
been guilty of the grossest act of neg
ligence. It was in their power and
most assuredly it was their duty to
have amended the constitution, ei
ther by expressly giving or taking a-
way the power. It was their duty
to have settled the question forever.
Suppose, sir, you now decide that it is
unconstitutional for Congress to in
corporate a bank : this will not set
tle the constitutional question. It
will unsettle and render uncertain
what has been settled for twenty
years. You say you have not the
right to incorporate a bank. Ten
years hence other men may come in
to power and say they have the right,
& exercise that right for twenty years.
The bank then will have been con
stitutional for twenty years, uncon
stitutional for ten years, and consti
tutional for twenty more. Are we
to go on in this unsettled, miserable,
halting manner ? God forbid. Sir, I
have closed the observations which
I thought it my duty to make in ret-
ply to the comments which have been
made upon the remarks which I had
previously submitted to the conside
ration of this honorable body, If,
sir, I preferred my political standing
in the state which I have the honor
to represent, (and, sir, I do not pro?
fess to have any out of it,) to the pub
lic welfare, I should rejoice at the
success of the motion which has been
made by the honorable gentleman
from Tennessee, (Mr. Anderson.)
But, sir, as I believe the public we’.r
fare infinitely more important, than
any fleeting popularity which an in
dividual like myself can expect to env
joy, I shall most sincerely regret tile
success of that motion. Sir, I have
said but little about the degree of
distress which will flow from tfc .-dis
solution of the bank, because I have
not that kind of evidence which
would enable me to judge of it with
any degree of accuracy. The convul
sed state of European nations—the
immense loss which our commerce
has sustained by the operation of the
decrees and orders of the tyrants cS
the land and ocean, imperiously ad
monish us to beware of making un
tried and dangerous experiments.—
By supporting this institution, the
tottering credit'of the commercial
class of your citizens may be upheld,
until the storm shall have passed o-
ver. By overturning this great mo
nied institution at the present crisis
you may draw down to undistinguish*
ed ruin thousands of your unfortu
nate and unoffending felluw-cUt*
zens.
BLANKS,
for sale at this office.
