Newspaper Page Text
iluccil that substitute, sir, is fur above any ' days there was u decided majority, that
suspicion of that sort ISui, Mr. II said, wished to consider this bill, and that majori-
hc thought tile proper course for things to tv had been kept at bay by the minority lie
take was to let the most important bill come hoped it would be so no longer. And now
up first. The gentleman from Chirk says as it had been at last got up, he would point
We should act at once on imporla.it measures out a most obvious distinction between the
nn<! go home. Now, said Mr. II. I do he- two hills—this and the land hill he meant,
lieve that every hill that is brought before this The (iovernor, after due research, ami niter-
house, no matter how uai nportaut it may change of opinion with other distinguished
be, deserves to be rcspcctlully considered men, bad declared in bis message that there
whenever it comes up in its order—even M it was u distinction between the principles on
lie a hill to incorporate an old field school, which they depend. And there was an
There is great advantage in these old held authority which would lie recognised by ull,
schools. Some of the first men in the conn- 1 that went to establish the same distinction.—
try have liecti educated at old field schools—j Itlackstom: speaking of the sources of public
But in relation to the important questions be- revenue, speaks of gold and silver mines
S^rfournal
What IsitbutH map ol' lm-y lilt*?
MIL.L.EDUUVIL.L.E
—Cow per.
NOV. 24.
fore the house, he thought the object should
be to take up (lie most important bills first.
The gold mines can't sufier much by a little
delay. The l>e»t of them, lie believed, were
already exhausted I',veil if they arc distri
buted among the people, there will never he
one hundred men who will get rich by them
They were a gilded bait—i haulm—the men
shadow of a shade. 1’liey will never d..
any hotly much good. They are of far less
importance to the people than the soil ; for
he thought it to he a far better business for
the people to he planting corn, than hunting
for gold.
Mr. B ATES said lie would only remark
that he thought the effect of the substitute
would he to have the gold mines leased out
for some 3!) or-1 : ) years. And to whom do
they belong?—To a part only of the people
of Georgia—to that class of citizens who had
never drawn land in former lotteries, lie
said lie would be in favor of passing the gold
bill, if the land bill were passed. But now
lie Imped the question would betaken on the
motion to lay the gold hill on the table for
the present, lie hoped the house would a*t
on the main hill first; mid lie would now-
call on the friends of the land bill to stand
linn and united mid not act on tins 'til the
other was decided.
Mr. BL AC 14 was proceeding to deliver
his views when the substitute was withdrawn.
Mr. IIONV ARD renewed his motion to
lay the original lull on the table for the pre
sent.
Mr. BLACK resumed—Gentlemen, lie
one branch of it By the common law
tin- distinction is established—the common
law has been declared in force in this coun
try ; and therefore the same distinction must
he recognised Imre.
Mr. BLACK said lie must say a few
w mbs, in reply to his eolleattue, inasmuch as
words hail been imputed to him which lie be
lieved lie had not used. If, lie said, lie had
charged trick and contrivance on any one in
tins discussion lie did not remember it. lie
h id said the other day, when this matter was
under discussion, that the opposition to ihe
bind bill, bad talents, and ingenuity &. influ
ence. Ilelndsai that lie wus afraid oftliom.
Bat gentlemen had found out that trick and
contrivance were to he used ; and this was a
compliment which the House might dispose
of nsit thought proper, lie had said that
the opposition possessed talents, and ingenui
ty, and he was afraid of them, hut. lie belie
ved their ingenuity would lie fairly nud open
Iv used—It is said that ifwc have a right to
t ike the whole of the country, we have also a
right to take possession of any part of it —
Now, Sir, said Mr. lb, tint is the very gist
of our argument. That is the very doctrine
we contend for. But if we go with gentle*
men to take possession of a part, will they
afterwards go with us, to take possession of
the whole ? We say we have a right to take
the whole; and lor that reason we wish to
legislate on that point first : mid then make
nrrnnwomen's in relation to the parts of it.
(£?’ Usu illy, we believe, reports are mnde
from committees, by the member by whom
they are drawn up. in the case of the re
port on Education, made by Mr. Schly to
the House of Representatives and published
in our last paper, it is proper to say, that
though it was presented to the house by Mr.
Schly, as staled, yet it was drawn up by
Col. Singh Inn, the senator frill Jackson cuuii-
FUEE TR ADE.—We have already no
ticed the result of the late election in Boston.
But the information contained in the follow
ing letter to the Editor of the Banner of the
Constitution gives more insight into the state
of things in that city—Wo lay it before our
readers for the purpose of showing them that
the free trade party is up mid doing in other
parts of the United Stales. The tiue prin
ciple of the Tariff* I’arty nre beginning to
he understood, by those who are oppressed
hv its measures; and if their efforts are con
tinued, we have no doubt that its speedy over
throw must follow.
Dear Sir: The election Inis terminated
in the choice of Mr. Appleton, mi intelligent
nud respectable man, but attached by 'lie tie
of party and immense pecuniary interests of
Ills own and liis friends, to the high tariff sys
tem. The result has alarmed the tariff' par-
tv, m ho, a few weeks since, derided the very
idea of nil opposition, and though all the in
fluence of Mr. Webster, Mr. Gurlmm, Mr.
Otis the Mayor, both individually and in their
official stations, was brought to bear ill the
election, still the majority is only SCO in fa
vor of Mr Appleton. In addition to Mr.
Webster’s constant mid long continued ex
ertions, (having not only attended tluee can
vasses, und spoken three hours at llio two
last, and also waril meetings,) the manufac
turers themselves consisting of 150 to *200
Is lliu nrUliwracy nftltis young nntinn, alrouily so full
grown as lo accomplish their purpose? Let Congress
look lo it.
it is the language of fate to Ibis country. It! illg t 1, e bills of one branch at another. My
is none other than Ihe Supreme court? “ In <;” d! ifl t | 1( , rc „ mmi m tllis wor |,(, mnc h less
Mr 11AZZARD said, lie would make n i
' • i, ,r ,i,_ wealthy men, mid some bOO oi 1000 Uepen-
rrinark or two, on the light ol the Stnte ol , j , ■
mo uli dents, made immense exertions, mid expeu-
. ?*•“ .Y" i dud large sums of money among the electors,
bill will interfere with the bind lull. He the I louse— Barents had n natural right to the , d)IT taxes, &e. la truth, on the
would endeavor to show them how it would ■ obedience of their children But would they ■ t| le ' manufacturers, there was the
operate. In the laud bill tins broad princi ; |„. justifiable in the tyrannical exaction ol j I ;„i., nctinn. to sc-
ple is laid down, that we have a right to the j that obedience ? We have a
whole of the sovereignty and the soil of the our lives; but will any one say he Ims
countrv. Those who support lliu bill sup-1 n right.to destroy tint which is the gift , f
port it oil this principle. And they Imve the j God? So we have a natural right to the soil;
right to act on it, nud to furnish an example bat shall we therefore turn out houseless
of their doctrine by throwing it into prueti-' upon the world the tenants with their little. I”1ir o T..V,,~ 8 tieo of the uct of 1828, and de
cal operation. II the friends of the gold hill , f.unilirtf who ar<* now in the occupancy of ... ^ , .. 4 n r..«..a.i; A nru
voteforit now, when the I tad lull comes up, Wliv then urge this right so vehemently,
will they vote for It also? |l we go on to | oven though it be founded in nature, in reason,
legislate on both subjects, ought wu not to noil injustice ? All we ask is a little delay
-.-n little moderation. The distinguished
individual al the head of the General Govern
ment has said to us—pause ! The glory mid
founded, before we have any right to act on : the honor of our own Stale require iis to
the gold hill? If we reject the laud bill, | pause. Is it not sufficient that we take pos-
how can we touch the gold minus? Can j session of the gold mines ? It was for this £
any distinction between them lie shown to | purpose that the Legislature was convened.
..... ... W)11 j,
not he a reproaclr upon us that we
t---& why have we done
take lip the whole matter first in preference
to a part of it ? Is it not necessary to estab
lish the principle on which the land bill
In trutli, on the
. r linn oi me *s, there was the
lie tyrannical exaction ‘^| 3:tni0 machinery brought into nction, to sc-
Me have a natural Mglil t'^ ^ ^ or increase the electors, us is sometimes
seen at the contested elections m England.
In the speeches of Air. Webster, Otis, mul
other advocates of high duties, they admit
ted the correctors of the free tinde doctrines,
and Ihe injustice of the act ot 1828, and de
fended it wholly on the ground of expediency,
vi/.. the principles ot tree trade are correct,
but are not profitable, and though we oppo
sed the American System formerly, yet hav
ing enjoyed the benefit of it, we will lint al
low it to be modified, no, not even in such
points as would favor New England interests
lest the whole fabric should (ull to the
the house ? Is not the principle of the gold
bill the same with Mint of the land bill ? And
if we reject the land bill, bow can gentle
man, und preserve their consistency, net in
relation to the occupancy of the gold mines?
In this way, lie thought, this bill would in
terfere with the other
Mr. SCHLEY, sai.l be bad not intended
to say any Mii ng In bis debate, lie was not
hackneyed in tiie ways of legisl ition. He
was a new member; mid what little he knew
of Legislative business be had learned from
books. In practice, however, he found it
quitediflVrent from wlmt be bail supposed it
was—Something had been sai.l of tricks ;
mid he was compelled to say from what he
had seen, that there was a great deal more of
trick and contrivance in the matter than li,
hail at first believed there was—Gentlenu .
seem to be afraid of the land bill—Tim great
land bill as it is called, is held tip, in terror/ m,
over us. No man can do miv tiling for fear
of the land bill. If lie proposes any tiling,
there is some trick in it, they s iv, and if you
don’t mind they will take away your land lull
—The gentleman from Richmond savs if we
do not take up the laud bill, bow shall we get
at the gold bill—mul if we reject the land bill,
he asks emphatically Imw we can touch the
gold mines—Sir, if we have the riglu to take
the whole country, have, we not a right to
take a part of it ? If from motives of poli
cy, or expediency we should decide not to
take possession of the whole country, will the
same motives of policy &. expediency deter ns
from taking possession of the gold mines?
This was a sort of argument which, Mr. S.
said, lie had not the ability to understand. 1 f
there was reason in it, lie was sorry that lie
was altogether unable to understand it.
The motion now is to inv the lull on the
table What is the object of it ?—Is it be
cause we have no power to take possession
nf the mines ? No, that right is acknowl
edged on all hands. But the real motive he
suspected to he this. Is it feared that if th s
bill is taken up mid acted on, and passed
there will he enough satisfied to defeat Mi
passage of the laud lull. Yet to him it seem •
ed that the questions were altogelliei uncon
nected. The protection of the gold mines
cannot possibly interfere with tin; survey of
the land. There can lie no sort of interfer
ence ; and there was every reason why we
(should push this hill forward, and that lia-ti-
Jy xoo. We have been satisfactorily inform
ed that It - United Slates troops nre he with
drawn. Your mines will soon suffer from m-
trii.b rs if the bill is not passed. Undertlieso
circumstances it w is, lie suiil, the duty of Mo
have done nothin,,,
untiling ? Because there is another bill, ha
ving no reference to this, tli.it is not yet acted
on. Is this consistent with our duty ? Hea
ven forbid lint we should permit such n re
proach to go abroad to the world.
I'he question was then taken by yens and
nays, to lay the lull on the table, and decided
year 51, nay* 70.
Mr. MURRAY next moved to take up
the Bill by sections, and the first section being
read requiring the Governor to take posses
sion of the mines already discovered or that
may hereafter he discovered, and to employ,
the militia to protect them if necessary
Mr. Me.DON A LD moved to strike it out,
and supported the motion, on the grounds
Mint Mie provision was unnecessary and inex
pedient.
Mr. OLIVER mid Mr. DOUGHERTY
replied.
Mr. TERRELL advocated it.
The question bon g taken on striking out
was decided—yens 33, nays 01.
The other si ctioos were agreed to ns here
tofore published, mid the bill being put on its
passage was carried by yens 116, nays 7.
Tuesday Nov 23.
A motion was made to reconsider tlu> jour-
ual of yesterday so for as relates to the pas
sage of tile bill fertile protection oftlie gold
mines in the unlocated territory of this State,
and lost bv yeas 31 —nays 91.
Mr MURRAY then moved to take up the
land bill, which was agreed to.
Mr. SCHLEY offered the original hill rc-
ported by the committee, as ii substitute for
the lull oil tile table, which, It will be recol
lected, was Mr. Haynes substitute.
On ibis motion a desultory debate took
place, in which Messrs. Schley, Hudson, Ry-
an, Dougherty, Howard, Wofford, Haynes,
Murray, and I turns took part.
At Imlf past 10 o'clock Mr. HOWARD
rose, and remarking that he thought the
I louse might as well go into the general dis
cussion at once, commenced a series of re
marks, in which lie attempted to sustain the
policy of nn immediate occupation and sur
vey "f the Cherokee country, outlie grounds
of natural right nml expediency, lie occu
pied the floor for two hours.
After he had concluded, Mr SCHLEY
The Free Trade party would probably
have succeeded, had not their first candidate,
(Mr. Sturgis,) who was very popular, with
drawn from the contest only one day before
the nominating < ommittce met, thus affor
ding untune to gain nn influence for their
new candidate. They were opposed by
nearly the whole Bar, most of whose mem
bers are either concerned ill manufactures, or
are friendly to, or feel in some measure de
pendent upon Air. Webster, for the counte
nance and favor of so powerful mid popular
a man. With nil these disadvantages, mid a
candidate who had never been in office, and
was almost unknown amongst the citizens ut
large, the Free Trade party came almost up
in their votes to the successful candidate, and
had the time been delayed a week longer, they
would have perhaps succeeded.
This contest has now assumed a different
aspect from any former one, iitnstnueh ns it
is a contest nearly between n combination of
incorporated manufacturers, lawyers, mid
politicians, aided by the numerous depen-
dentsof such n powerful coalition, and the
iniildlingclnsses of pei pie, composed of mer
chants, mechanics, and laborers. The man
ufacturers now seem to he aware ol the dan
gerous position they are in, nud the reflecting
ones would, I think, now lie glad to see the
tariff question put at rest by some important
concessions to other classes; but their leaders,
who have political objects in view, which de
pend on the extension of the system accor
ding to Air. Clay’s views, may not agree to
any compromise. It is unnecessary to say,
that the whole delegation of this State will
he under the guidance of Mr. Webster,
The anti-tariff party, at the next contest,
will come out stronger, and the time is not
distant when they will have the ascendency,
und nothing else can save this county from
the danger of civil war. The men now con
trolling the affairs of this State, are playing
a game somewhat upon the polignac princi
ples, and if they had the same power, affairs
would end in bloodshed and revolution.—
Some of our best men are corrupted by their
immense gains, and have lost all prudence
and ns to certain pulitienns, they arc mad.
We add nn article, on the subject of free
trade from the New York Enquirer, going to
shew that reformation istaking place in other
parts of the world, as well ns the U. States :
Fecit Trade—Many nn-l numerous are Ihn advan
tages wliirh (he rovival >f liberty m Europe will
,** . , ,, ... tages wliirh the rnvivali nnoriy in r.uropo wm coo
rose and replied lo Air. Howard lor an Hour, f Hr U p l)h p,,, pnople of all iiitinn* ami all ciiuniriea—
maintaining the grounds Mint ihe Indians particularly upon industrious commercial and
have a riatur d right to the occupancy of all manufacturing countrim
the lands within their boundaries, and that
lliey may enjoy that right undisturbed until
they shall voluntarily relinquish it, or nno-
h iis > to pass ibis bill for the protection "f ther people, not having a sufficiency of land
these mines for the luture use ol the very I p ll( . i|n>ir support, may lay claim to it.
people,to whom gentlemen seem to be so
anxious to g vu the land. Ibis is n verv
simple matter, lie could not see nuy tiling
of trick about it. And lie did not conic here
to entrap any body, but to think, to weigh
to consider, und on the oath that he h
Uen, to decide as the conviction of liis con
science should dictate to lie right. He did
not want to practice n trick upon any body,
nor to be tricked by any body. lie wanted
every man to express Ins honest convictions,
to understand wlmt lie was voting on, and to
give bis vote honestly—lie was uotalraid ol
the land bill. If you take that up to day and
pass it, you will have to pass Mie gold lull to
morrow. But ns the latter is now before us,
Jet us pass it at once The object is only to I
protect the mines fur the present—for as
soon ns the laud hill shall have been passed
nml carried into effect, this will cease to op-j
• auto. He was therefore opposed lo Mie mo-;
tion to lay* it on the table and Imped the
House would reject it.
Mr. TURNER said, Mint for the last four'
And se •niiilly, that the Indians have not only
this uatur il right, but also a legal right es
tabhslied by the Constitution of the State of
Georgia, and the compact of 1802.
It being now ball’ ittcr one o’clock, Mr.
to- Schley gave wav to a motion to adjourn.—
lie inis the floor to-morriw.
A
MECHANICS \V ANTED.
FIRST rate idncksmith nud a Wheel-
wriclit. Apply to thesubscriberut
Ci n cin. nM. 8MI> tils.
rile principles of the llnly Allinncn ofiivuruigna,
vvlnnli were spread over Europe subsequent lo lliu fall
of Napoleon, were nt war not only with the political
rights of ihe people, but injurious and detriment! I to
their pursuits in trade and cominerco Tho same do
pree of selfishness and exclusive privilege which char
acterized tho pretended iiuhta of kings inarmed par
ticularly their laws on cemmerue—their tariffs—their j
oclroits - their duties —their abac kies upon free trade. I
JUDGE CLAYTON’S REVIEW
Of the Deport of the. Committee of Ways
and Minns, to whom was referred so much
of the Message of tht President, as relates
to the Hank nf the. United States, which
report was, in the House, of Representa
tives of the. U. States, read and laid on the
tabic, April 13, 1830.
NO. 111.
Perhaps this doctrine of contract in ay he
denied. Let us therefore exhibit our authori
ty for this position : an authority which ihe
advocates of the Bank nud those who go for
sweeping away all the rights of States will
never presume to dispute. It is none other
than that mammoth power, the Federal Ju
diciary, that stands prepared to clinch w hat
ever the Federal legislature dure to drive.—
Wliftt says the Supreme court in the c iso wc
have just cited ? “An aggregate corpora
tion is a collection of individuals united in
one collected body, under a special name,
and possessing certain immunities, privileges
and capacities, in its collective diameter,
which do not belong to the natural persons
composing it. It is in short an artificial per
son, existing in contemplation of law nml
endowed with certain powers and franchises
which, though they must be exercised through
the medium of its natural members, arc yet
considered as subsisting in the corpora
tion itself, ns distinctly us if it were u real
person." Wc have now got the legal cer
tainty, which must lie kept constantly in
mind, that a corporation is nothing more nor
less than a person, an individual ill law, ni d
of course whatever power can he vested in
them by the government, can lie vested in a
private person. Let us see Itoiv they nre di
vided. The same authority proceeds “ nno-
ther division of corporations is into public
and private. Public corporations arc gene
rally esteemed such as exist for public politi
cal purposes only, such ns towns, cities, pa
rishes mid counties , mid in many respects
they are so, although they involve some pri
vate interests ; hut strictly speaking public
corporations nre such only ns nre founded by
tlie government for public purposes, where
the whole interests belong also to tho govern
ment. If, therefore, the foundation be pri
vate, though under the charter oftlie govern
ment, the corporation is private, however ex
tensive the uses may he to w hich it is devo
ted, either by the bounty of the founder, or
nature and objects of the institution. For
instance, a bank created by tho government
for its own use, whose stork is i zclusiocly own-
id liy the government, is, in the strictest
sense, n public corporation. So u hospital
created and endowed by the government for
general charity. But a hunk, whose stock is
owned by private persons, is u private, corpo
ration, although it is created by the govern
ment, and its objects and operations partake
of a public nature. The same doctrine may
be affirmed of insurance, canal, bridge, und
turnpike companies. In all these cases, the
uses may, tit a certain sense, be called pub
lic, but the corporations nre private, ns much
so, indeed, as if tlie/rancAwe* were vested in
a single person." We have again gone one
step further in tht* process, (and wc wish to
keep wlmt we fairly got,) and settle the point
that a lrnnk corporation, whose “ stock is not
owned exclusively by Ihe government,” Imt
whose “ stock is owned by private persons,"
is a private corporation, and consequently
that the Bank of the United States is a pri
vate corporation. Now let us sec wlmt is the
chnrncter of n private corporation, nnd wlmt
the government may or may not do with it.
And first wlmt they may not do; says the
same authority, “ when n private corpora
tion is thus created by the charter of the
crown, (an ominous name for Congress,) it is
subject to no other control on the part of the
crown, than what is expressly or implicitly
reserved by the charter itself. Unless a pow
er he reserved for this purpose, the crown
can not, in virtue of its prerogative, without
the consent of the corporation, niter or amend
the charter or divest the corporation of any
of its franchises, or add to them, or ndd to or
diminish the number of the Trustees, or re
move any of the members, or change or
control the administration of the charity, or
compel the corporation to receive a new char
ter. This is the uniform language of the au
thorities, and forms one of the most stubborn
and well settled doctrines of the common
law.” Again our authority declares, in an
swer to an nrgument which was urged in
the case decided, “ when the corporation is
said, at the liar, to he public, it is not merely
meant, tlml the whole community limy he
the proper objects of the grant, Imt that the
government have the sole right, us trustees
of the public interests, to regulate, control,
nml direct the corporation, nnd its lunds and
Us franchises, at its own good will nud plea
sure. Now, such an authority does not exist
in the government, except where the corpo
ration is in the strictest sense public ; Hint is,
where its win de interest and franchises arc
the exclusive property and domain of the go
vernment itself.” Again “ in respect to cor
porate franchises, they are, properly speak
ing, legal estates vested in the corporation
itself as soon us it is in esse. They lire not
mere nuked powers granted to the corpora
tion ; but powers coupled with nn interest.—
The property of the corporation vests upon
the possession of its franchises." And last
ly “ it is perfectly clear that any act of n
Legislature which takes nivay any powers
or franchises vested by its charter in n private
corporation or its corporate officers, or winch
restrains or controls the legitimate exercise
of them, or transfers them to other persons,
without its assent, is a violation of the obli
gations of that charter.”
Now, ns to what the government may do
the cast! of Fletcher vs. Peek, this court laid
down its exposition of the word “contract”
in this clause (the clause of the constitution
which forbids the iuipairttig the obligation of
contracts) in the following manner: * A
contract is a compact between two or more
persons, nnd is either executory or executed.
An executory contract is one, in which n party
in this Union, Mint would call such a bargain
a accessary nud proper rontract, not to say
i.aw, for carrying into effect any power be-
longing to a free government ? Cnn the peo
ple of this country believe that there is such
a monstrous principle in the boasted Consti
tution of united America? If they do, v»
'can only say to such credulity, sleep on in
binds himself to do or not to do a particular you| . r : il.se security. The day is coming when
ihiug. A contract executed is one in which | vnu W il! awnke to the reality of your ill fated
the object of the contract is performed ; and | d 0 |„ s jon, but it will be too late cither for the
ibis says Air. Blackstonc, differs in nothing| n f relief or even the consolation of hope,
from n grant. A contract executed, ns well | Will it be denied that this case differs from
as one that is executory, contains obligations j 0 f tl»e Bank? Every dollar of the Stock
binding on the parties. A grant in its own | ,,f institution may pnss into the bands of
nature amounts to an exTutguishmcvt id thfjhut single foreigner to morrow, lulhecx-
right of the grantor, nnd implies n contract j cre i so nf'un* powers, there is no iLf'-rencc.
not to re-assert that right. A party is ul- j the Constitution between one and one thou-
wnys estopped by bis own grant.' 'Ibis L>u - j satitl, between a citizen and a foreigner, and
gunge (continues tin: court) is perfectly iin-jjt j s trilling with common experience to sny
ambiguous, und was used in reference to n Oneness would not vest such a power, in n
grant of land by the Governor of n IState) s j„„i c foreigner. Once admit the right, nnd
under a legislative net. It determines in | ,|,e limits Indiscretion nre shoreless. All hisr
the most unequivocal milliner, that the grant ,„,. v |„ QV ,. S t|„. rc is no protection from the.
of a State is a contract within the clause ol Ljct.-ses of unlimited power, nor no guarnn-
the constitution now in question, nml that it , y j. a exercise, either in the wisdom
implies n contract not to rc-assumc. the rights' (ir ;,7.iifsty of any of its depositaries. The
granted. A fnrtinrari, the doctrine applies moment they decide tlint the measure is nc-
to a charter or grant lrom the King. Ami j ressm y or proper to carry nn express power
wc humbly presume to itild, with all its grow- fl f ,| l( ; Constitution into cflact, the decree be
ing powers, from CONGRESS.
The question is now placed in a shape
where very many important reflections can
not possibly escape tho inquisitive mind. If,
as the Report contends, “ Ihe agency of a cor
poration may lie employed to carry into ef
fect any one of tho powers expressly con
ferred upon Congress,” then it follows that
«//those powers mny lie made the subject of
contract, may be transferred to nn “ individ
ual” coupled with a privilege on Ins pint that
must incoutrovertibly divest the government
of those powers for and during the life of tile
corporation, be it long or short : tiny more, it
amounts to an “extinguishment of the right'’
of tho“ grantor” and implies a contract not
to “ reassert that right,” nor to use it them
selves nr confer it upon others throughout the
legal existence of that corporation. Suppose
.n State nf things should occur rendering the
exercise of these powers on the part ot the
corporation highly improper, perhaps, dan
gerous to the public liberties, they, in the
menu time, complying strictly with their
charter, or suppose, which is by no means
improbable, a better, safer und more expedi
comes destiny to the nation, though it should
contain fifteen millions of intelligent freemen-
We may here he indulged in n remark,
which mav serve ns a passing sigh over the per
verted use oftlie power nf corporations. In
their first institution, in Italy, at the close of
the crusades, they were notoriously iute ded
ns a relief against feudal oppression, and it
is reinarknble that they arc considered tho
ilnivii of wlmt little liberty exists in Europe.
They were designed to check the arbitrary
sway of larger rulers and the still more un
feeling despotism of petty tyrants. They
spread from Italy lo France nnd from Franco
to the rest of Europe in llic 12th century,
nml nre justly esteemed the efficient instru
ment nf the downfall of baronial tyranny and
the not less vexations dominion of their un
bounded wealth. It remains for the free nnd
enlightened Republic of America to use them
for the very objects they were designed to
overthrow, nnd by such introduction to bring*
buck, in all its odium,the oppressions and rig
orous exactions of a monied Aristocracy.
From their origin to the present day, with blit
the one nml innmornhlo exception of the A-
lious method of executing them presented, mericau experiment, history maybe safely
itself to the government, wlmt control would j challenged for the production of nn instance
it have over them ? Not the. least, if any re
liance can be placed upon the decision oftlie
highcRt tribunal, because it lias jurist!icti«n
of sovereigns, tlint is, nt tins day, upon the
fnce oftlie globe. Can any candid man be
lieve the convention ever intended to place
the powers of the government in such a sit
uation ? Docs not every one suppose that
the “ express, powers" of the government
must nlivnys rest within the government, sub
ject to its control nml direction as circum
stances may require, for the good of that
community they were intended to govern ?
Call they do this if Congress Imvc the (lower
lo part with them, even for nn hour, nml if
for that time, they can forever? Are not
the powers parted with when vested in a pri
vate corporation ? Under the authority pro
duced cnn they bc“ reassnmed"—cnn “ powers
coupled with mi interest,” mndc the subject
of n fair contract, and by virtue thereof lie-
coming n“ legal estate vested in the corpora
tion,” lie controlled or restrained afterwards
by the grantor until the time has expired for
which they were granted ? Even according
to the civil law nemopotest mutarc consilium
suum in altcrins injuriam, the law given can
not alter liis mind to tho prejudice of a ves- 1
ted right. Is it not readily perceived tlmt for
the time the power is in t’lio corporation it is
out of the government, nnd what would be
the consequence if nil its powers, (for, if one
can all can) were coupled with some private
where a private corporation lias ever been
employed by government for the execution of
uuy of its fiiiidmnentiil principles.
American O'olil- -Thn Plain, (i.izrllo mormons,
tlint (lurini* I lie ymir 18*2!), tho (inlil nf Ilia U. 8. re
ceived at tiro mini nmnuntml to about £M:t4.0()(), being
vory nearly c(|ua' to lliu foreign supply for ilu- samo
pnrin'l ; and it is understood lrom a antotfaclnry aourre,
ibnl tho ninnnnt roooivad from thu Southern States
within llio ftn*i throe quarters oftho present year, has
hoen nearly J-ihgll.OOO, while tlml received from for
eign sources, within the samo period, ant,mitts to litlie
tin,:o [Inin IniH'tliat sum.
AUCTION.
O N Thursday evening the 2d December,
will be iol,I at ihe Aiiciiuu Kooin of the sub*criberJ, ft v»*-
ry ImntUome lot of
Alabaster and Marble Mantle Ornaments,
i, Buketi. 4*'’-
A ill do well to
cr lo have sueli another opporlu-
Ivos in thin place.
CillKKN L STUBn8, Auctioneers.
COSTCARD'S OFFICE.
MILLEDGEV1LLE.
The continuation of the 3</ Drawing of the
A1ILLEDGEVILLE
MASONIC llAIila
loxiibsy,
I Will lake place THIS DAY, nt2o , clock, nt winch time
‘J Prizes of 10,000 Dollars, mul
5,000 do. with mmic-
immunity or interest nml haltered away to; rmlIO ,| K . r i,„, 1 ,i.„ n ,o proe*. wiiiiic«i,i,je,t ■« lie drawn,
corporations? There is no difference in the | Tickets $IU-SAares in proportion.
powers conferred on the government if one U ,, T u pm/R “0,000 DOLLARS,
is subject to trnficall are, mid every function ’ Y „
of the constitution may be farmed out, event ‘ 1 , nr ., v
the heads of department, the collectors, nay L LOll ^ «r P -
every office may ho linked ton charter, and i i„,i,.|,,i 1 ia i,*»t snii l riinyti,i,3,iiiiNf,v«tiii,er,«miti,eUr»»iin»m
1 ■ 1 •• 1 1,’celvml In Milled,eville on TuMdny nasi tl* OTtlu
66 Number I-ottcry---10 Drawn DaHots.
n Fr«n« e, wna an Hitempt it> open ih«ir porta to nil na- tinuBB “ tlie grant of incorporation (r|uotin^
intia on the principle ot rei iprority --ami n Hi^poai- t||f* cn^lish lawj 18 a compact between the
crown nnd n number of persons, the latter
of whom undertake, in consideration of the
tion t<> krunk tin* nharklea, winch llio Bourb*
itnpri*0il upon imliiHtry. A rormniusion ha* roreivnU
the important cltarge of making«report on this very. .... . . , e
importoni suljeut. Th* pr<*j«ct«tl revolution in 1 privileges bestowed, to exert themselves tor
Spnin i* founded on i he freedom of trail*), ns much nti | the good government oftlie franchise. II
un the libouy of the peopl
pint of tli** ron*tUutionali»ia
onuroua tariffs upon fnieign commerce nnd open their
C 'i EOlMil Wilkinson county*
—
J9 It. Wood
mtnUtration
r«f ity. •h’C*
David
r letter** ofnd-
ra s.t.-i «-.*-. e to cite the kindred and creditors nf snid de
pat my inVire within the time prescribed by law * *’
if anyth*?)’have, why said le
(sixi'fiuiider my hand this 19th day
should not be eranted
ember, 1830.
U.f lAl S I5KAU.. U. C. O
M
(>R(i \ N County, Georgia—Joseph (‘hv
t* di*<l. toll* before me a *■
dies liish, 10 ti
I Ly A i*i.t Beal and John lleiil to -Ifdnll,
laiNovcmtKT. 1>00,
< ItKKSK, J. I*,
veinber, 20, nrjti.
f> \v|f> IRWIN, r. 1. i
■ I • Ut.iis ••• II IIIO, 11^ j mu JIWIIU IIIIICIll "I 111^. HHiiviiif* i
ilc One iifiltH ft 1,1 princi' i they fail to perform their part of it, there is
.... e..d of the compact. The charter of a
(it,rls ll|,t,n , ipiittihh" Irons In tho whnlh wnrlil. Tho
glorious movt-mnnl of thu pimple in thn Nntlierlamls,
rnreivni! its impulsn lrom n Hnterininniion lo rnsist ihn
lsxos--*lh« diilins, anil ihe iniilfnxantions of the Or
align government They It.tve nlreahy nnltievnil llteii
liberty, anil whit it the suenuss ol tho principles uf Iren
Irntln.
Thu, it is whenever we look-* whomever wo turn
,n;r eyes-* il»« freo people of tho old ennlinont are re*
forming llteir comiuoreial systems pari passu with
llieir political. VVliet a eonlrnst in this cnttnlry I In
ihe United States •• llio nnlv free nation in Europe or
America- there is it large noil powerful pnrty, cn
ilcnvnuring to pul upon our trade nnd commerce, the
very shackles and hardens which the people id Eu
rope aro cav'.kq! off wills indignation sod contempt.
corporation, says Mr. Justice Blackstonc,
may he forfeited through negligence, or abuse
of its franc'iises, in which cases tiro law
judges, the body politic has broken the coil
dition upon which it was incorporated, mid
thereupon tin: corporation is void.” But tins
is not done liy n mere act of the Legislature
but by tlie courts of jmticc, in virtue of the
pre-existing laws winch govern all contracts.
Wlmt is tin; conclusion from all these doc
trines ? Wlmt have we been aiming nt ?—
Listen to it in words Mint can, tiny, must not
be piistakcn, for according to Air. Webster.
tion of Congress, to judge wlmt is necessary
nnd proper the whole fuhrtck of the federal j
government mny ho quietly lodged in the j
kind nnd tender arms of corporations to he!
nursed as they, in their loving and parental
fondness, may think proper, and Congress
mny retire lo rest nnd doze away tho holiday
season for which its powers mny have been
let. Such principles arc odious, nny, shock
ing ! It is no argument to sny this will not
be done ; the power remains, there has
been, at lenst, one fatal case ; and tlint is suf
ficient, not only for our argument, liut for all
the purposes of nn awful warning.
But to put tins question in a point of view
tlmt even the most fettered intellect, whether
in sense or selfishness, can lay Isold ot, wc
beg leave to put n case intircly illustrative of
the principles that must grow out of tlie doc
trine above submitted. Suppose tho great
Banker, Rothchild of Europe, n foreigner,
should como lo America and boldly approach
tlie Congress of tlie United States, (and that
lie might safely do, from nuy dread of alarm
ing their over scrupulous sense of honesty)!
nnd, in a language something like this, should
say, if ymi will incorporate und vest in me
the 1st, 2d, 3d, and Silt, expressed powers of
the 8th section of the 1st article of your Con
stitution, for one hundred years, (and if they
ctin for twenty they can for that, nay forever)
and let me establish Banks wherever I please
in the twenty-four Sovereign States of the
Union,nnd thereby break up their banks, and
the facilities which they nfl'erd to their people,
either in commerce v>r revenue ; (for they too
have commerce and revenue) raise up cities
here nnd put down cities there, just as l may,
with my immense enj ilul, choose to favor
particular Slates nnd their rival commerce;
(for money is the life nnd soul of commerce)
acquire as much property ns I please, both
real nud personal, though it amount to the —
lands of a whole State; execute real proper
ty and imprison citizens for debt, even in
those States where such remedy ts denied to
their own people, (as in the case of Kentucky)
1 will furnish deposits for your revenue and
transmit all your money from one end of the
Union to the other, free of expense, I will
lend you money nt the interest prescribed in
my charter, by the by, a tiling you can do as
well nny where else, hut which I shall al
ways be glad to do : My Hills shall be called
“coin," names are nothing; nnd thereby tlie
whole currency of the Union shall be proper
ly regulated, reserving however to myself the
right to a?!' wlmt pei* cent I please for pay*
SCHEME OF FRIZES.
Pfizu of
$10,000
10
I’riz. s uf
do
5,000
20
do
do
4.000
20
do
do
;t ooo
40
do
do
2,000
1(W
do
do
1 000
112
do
do
500
2240
do
do
400
15400
do
aoo
150
J00
50
»)
JO
b
G
10
PRICE OF TICKETS.
Wlinlns iftS —Hiilvc- 00—Quartors $1
Older* received nud promptly attended to, al
II. COSNAllD’S
nnv 24 l.’jttery V Exchange Office.
OCMULGEE ACADEMY.
1 EXAMINATION and Exhibition
pupils ol' llii» School will be
c euiDcr. On tlie next dn> Hu m* will
•nrh day will commune
-■mv**and't li ii | > it Itii *■ gViit'iliiir’iire Invited tuatlcnd
Twl|H*o..Nuvl'l—It I H t*I
The
'il on tlio 16th ot'Du-
Exhibitinn. Thu ex-
flunk A. M. The pat-
P OCKET BOOK LOST.—Thesubscri-
her lost III* POCKET BOOK ir. Entonton, ut September
Court lnsl,containing thu following notr«: re. nllecl-
One on James Dunn A lltirn.ip lor SOdoll.iis, date not recollect
e<| but believed lobe in Murchor April.
One on John C. nnd Wiley Mason, for 50 dollars, dated aboi t
ll, Oncon Ji'i'rk Boswell,for 75 dollars, dated In April last.
One on f hatl.s Root, lor 20 dollnrs, dated, n March Inst.
Two on .foul It ranhiiiii, one for I r 133 dolors, dated in May.
1827. and the other lor 1)7 dollars, dated in IH28.
Eouron Abner Veasev. lor 213, 220, !
eiplfur i:a. doled in March, 1825.^
and 12 dollars, and one
,and a re-
Three on John McKnlfht, f«n- r »o, 2*», and 23 dolby s,
ceipl lor a note for collection, balance due 08 dollafh
One on Jofcpli Barnes, lor 25 dollars, dated
One on Jitnies Marelimnn.l’or 21 doll.tr*, dated in 1327.
One on A. Richardson, for9l dollars 50 cents, wjthacredl •
One on ham Branham for 15 dollars, with acredM.
On** on Win. Sanders, for 10dollars60 cent*.
One oil II Duke, lor 54 dollars, dated In 1627.
One on llofe llufl*. tor 40 dollar.*, dated in 1825.
One on llcetor Ooodwin. for 17 dollars 25 rents,dated in lCk*>
One receipt on Spivey for notes lor collection.
One note on Fed.Conner, lor 5 dollars 50 cents.
One noteon Wheat, for 4 dollars73 cents, . . „
Four l.otlery Tickets in the MilledgevUle Mmamc
Nos. 18.910 an I 19.117, being quarters,and Nos. 16,864, and 12,0b4.
being whole tickets.
One note on Owen Tomlin, for G3 dollar*, dated in 1827.
One on Bryant Mancham. Ibr 88 dollars 62 l-2ceuts, dntcu lo.-b #
One on liruen Kilby for II dollars, dated 1828.
One on Nat. Barnes for 11 dollars 50 rents,
tine on llcrndon lor 25dollars,dated inlHSO.
a t: ... Allen, for 30 dollars,dated In IP’10.
i.n ford, dated in 1829, for45and 40 dollar
papers,shall receive a
findinii the Hook, and returning it tome with tic
re tv nrd of 50 titulars.
TERRENCE CONNOR, of Entonton.
(T'lEORGlA, Wilkinson county. Adntn
“W Jem-. w|,nlnl»lr»tnronlhf Mt.li* «l ?«tl»”!" *R5S,*
- l y" ,
letters of dismission lrom
xecutrix t
V/lllla..
,e *rhi. Urt^^Vlwe'.’o‘"..“{lie k\n‘.tr«t and cre.tl.or. of MtH .leeM.
m'l at mj.'in. ,■ „ ill,in U,* prewrilmlb, l.«, .l
If an, I ly J « "j
not be granted, tliven under my h"ml this l Jtb Nov ^
r er.mien, limn uuu*. *. i, r* .
v 21—m*;in AM’IfAUS C, C O
-Weasv
i*rs of ndndninibtration
liiteof Norman Slinw, dec’d.
And William Stewart applies for letter* nf administration,
nllht'i **'" —-*■
M
ONROE * bounty, Georgia.-
'late of John Wilson.dcr’d.
......, t my oflire, wlthinlliutiine prescribed by U w, to shew
L-.ni't*, If any they have, why said letters should noi hr granted.
i ■ ■•iMi.idcr niv ham! llii** day nf November, 1830.
Ell AS BE %!.!,, C. C.