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From the National lutedigeiicer.
THE LATE MAJOR GENERAL ALEXAN
DER MACOMB.
We have a melancholy pleasure in traris*
ferring to our columns tlic following Biogra
phy ot Major General Macomb, whose Funer
al is tins day to be solemnized, in whose
death this city has to mourn the decease ol a
Virtuous and beloved lelloW-citizen, and in
whom the nation laments the loss of the dis- j
Anguished and gallant Commander of its Mdi- j
tary forces.
Major General Alexander Macomb was i
born at Detroit Aprils, 1782. The City of]
Detroit, at that time, was a garrison town, and
utiiong the iirst images that struck Ins eyes
were those of the circumstances of War.—
Tnese early impressions olien fix the char
acter of the man.
llis lather was a fur merchant, respectably
descended and connected, lie removed to
tlic City ol New \ork while Alexander was
yet an infant When he was eight years of
age he placed him at school at Newark, in
New Jersey,- under the charge of the Itev.
Dr. Ogden, who was a man of mind, belonging
to a lamily distinguished for talents.
in 1798, While Macomb was quite a youth,
he was elected into a select company, which
‘• ss railed “The New Vork Rangers.” The
lirm v3 was taken I ruin that iSpurl.au band o f
iLingers selected from the provincials, win,
lrom 17.30 to irii-'l, were toe elite of every
British commander on Lake George and the
borders of Canada. At the time he entered
the corps of New-Vork Rangers, Congress
It id passed a law receiving volunteers for the
defence of the country, as invasion by a Trench
tfrmy was soon expected. This patriotic
band volunteered their services to Govern
ment, which were accepted, but he soon left
fins corps, and obtained a cornetcy at the
close Os the year 1798, and was commissioned
in January, 1799. General North, then ad
jutant general of the Northern army, soon
Saw’ the merits of the youthful soldier, and
took him 1 into his stall", as deputy adjutant gen
eral. Undef such a master as the intelligent
and accomplished North, Macomb made great
progress in bis profession, and in the affections
of Ins brother officers of the army. The young
officer that Hamilton noticed and N >rth in
structed, would not tail to be ambitious of dis
tinction. lie visited Montreal in ordeixtoob
serve the discipline and tactics of the veteran
c >rpS kept at that important military pest, and
did not neglect bis opportunities.
The thick and dark cloud that hung over
the country passed away—a great part of the
troops were disbanded, and niosl of the offi
cers and men returned to private life ; a few
duly retained ; among them was Macomb, who
Was commissioned as a second lieutenant ol
dragoons, and sent forthwith on the recruiting
service, but it was not then necessary to push
the business ; and as he was stationed in Phil
adelphia, he had tine opportunities to associ
ate with the best informed men of the city, and
found easy access to the Franklin and other
extensive libraries, of which advantages he
did not fail to improve.
When his body of recruits was formed, lie
inarched with it to the Western frontiers to
join General Wilkinson, an officer who had
been left in service from the lie volutionary
war. In the company of Wilkinson, and ol
Col. Williams, the engineer, he must have
gathered a mass of materials for future use.—
With him he went into the Cherokee country
to aid in making a treaty with that nation. Ile
was on this mission nearly a year, and kept a
journal of every thing he saw or heard. Tins
was a good school for one whose duty it might
hereafter be to fight these very aborigines,
and. in fact, these lessons of the wilderness
are not lost on any one of mind and observa
tion. The corps to which lie belonged was
disbanded, and a corps of engineers formed ;
to this lie was attached as first lieutenant.—
lie was now sent to West Point, where lie
was, by the code there established, a pupil as
well as an officer. Being examined and de
clared competent, he was appointed an adju
tant of the corps at that post, and discharged ,
his duty with so much spirit and intelligence,!
that when the iirst court martial, alter Ins
examination, was convened, he was appointed
judge advocate. This court was ordered for
the trial of a distinguished officer for disobey
ing an arbitrary order for cutting off the hair.
Peter the Great could not carry such an order
into execution, but our Republican country
did : and the veteran Col. Butler was repri- j
mauded for not throwing his white locks to
the wind when ordered so to do by his supe
rior. The talents and arguments exhibited by
JVlacomb, as judge advocate on this court mar
tial, brought him into very great notice as a
mm of exalted intellect as well as a line sol
dier. lie was now called upon to compile a |
treatise up >n martial law and the practice of
courts martial, which, in a future day of leis
ure, he effected, and fa s book is now the stan
dard w >rk upon courts martial for the Army
jof the United States. In 1305 Macomb was
promoted to the rank o‘ captain in the corps oi j
engineers, and sent to the se aboard to super
intend the fortifications winch had been or-j
dered by an act of Congress. By this service
he became known to to ; iirst men in the coun
try, and hss merits wore duly yereciated from
New Hampshire to the Fh-r.d.is-
In ISJ3 ho was promo e i to the rank of
major, and acted as suprmite i .lent <>t fortifi
es.tons ui'-jt just before too va M when he was
VOLUME I.]
advanced to a lieutenant colonelcy, lie was
again detailed to act as judge advocate on a
court martial for the trial of General Wilkin
son, who had called the court on Col. Butler.
He added to his reputation in this case.—
Wilkinson was his friend, but Macomb dis
charged his duty with military exactness.
At the breaking out of the war ol 1812, he
left the seat of Government, where he had
discharged an arduous duty, in assisting to
give form and regularity to the army then just
raised by order of Congress. All sorts of con
tusion bail prevailed, from the want of a uni
form system of military tactics ; he was for
tunate in his exertions. When there was
honorable war, he could not be satisfied to
remain, as it were, a cabinet officer, and w ear
a sword only to advise what should be done,
which seemed to be the regulations ol the
Army in respect to engineers ; he therefore
solicited a command in the corps of artillery
tha‘ was to be raised, and was gratified by a
j commission as colonel of the third regiment,
| dated July (j, 1812. The regiment was to
I consist of twenty companies of one hundred
1 and eighteen each. It was, in fact, the com
mand of a division, except m rank, Hisrepu-
I tatiou assisted in raising this body of men, and
j in November of that year he marched to tlic
: frontiers with his command. Macomb and
j bis troops spent the winter at Sackett’s ilar
| bor. lie contemplated an attack upon Kings
-1 fun, but was defeated in his plans by the fears
j of some and the jealousies of others ; but he
| soon distinguished Jumseil at Niagara and
’ tort George ; at the same time Commodore
; Chauncey was endeavoring to bring the ene
| my’s fleet to battle on Lake Ontario. The
next service performed by Col. Macomb was
I under General Wilkinson, and if the campaign
j was not successful, Macomb was not charge
able with any portion of the failure.
in January, 1814, he was promoted to the
rank ol Brigadier General: and was appointed
to a command on the east side of Lake Cham
plain. Nothing of importance in the history
ot Gen. Macomb transpired, although he was
constantly on the alert in the discharge of
his duties, until the coronal of his lame was
won at the defence of Plattsburgh. This de
fence our limits will not permit us to describe
with any minuteuess, but suffice it to say, that,
in the summer of Ittl i, Sir George Prevosi,
Governor General ol the Canadas, had re
ceived a great augmentation of his regular
forces, by detachments from the army -which
had lougln m Spain and Portugal under the
Duke ol \\ ellmgton. (These were among
the best troops in the world, and he now deter
mined to strike a blow upon our frontiers that
should he decisive i.l flic war, and bring our
nation to terms at once. His fleet, on Lake
Champlain, was considered superior to that of
ours, and he was well informed that we bail
not there any army of consequence. Early
in September he pished on towards Platts
burgh, and met, lor Several days, with little
opposition. IPs error was delay; but lie
wished to move safely, and saw nothing to
prevent his progress. Previous to the flth,
there Pad been some smart skirmishing, in
which the British found more courage and effi
ciency than they expected from troops so has
tily called out. Early on the 11th the British
gave battle by land and water—fifteen hun
dred of the regular troops and uncertain bod
ies of militia, made up Macomb’s army. The
enemy was fourteen thousand strong. The
battle was a decisive \ ictory on the part of the
American lorces; Macdonough captured the
British licet: and Sir George returned to Can
ad:t the next night. The victory was as brill
iant as unexpected. Honors were voted in
every part of the country. New-York and
Vermont were foremost in their tributes of
respect The President promoted him to the
rank of Major General, dating his commission
on the day of his victory. The event had a
happy effect on the negotiations then going
on til Ghent, and unquestionably paved the
way for a treaty of peace.
After the close of the war he commanded
at Detroit, his birth-place. He was received
at his military post with distinguished honors;
many remeuibereo his person, and all had
kept his reputation in view as reflecting honor
upon that territory in which he was born. lie
contnued at that post attentive to his duly,
and devising liberal things for the people of
that region, without confining his exertions to
any particular portion of the territory, until,
in 1821, he was called to Washington to take
the office of chief of the engineer department.
On the receipt of this information, he was ad
dressed by all classes of the people of Detroit
in the most exalted language of friendship and
regard. On repairing to Washington, he as
sumed the duties of Lae bureau he was called
to, and discharged them to the satisfaction of
the Government and the Army. On the death
ol Gen. Brown, Commander-in-Chief of tlic
Army, Gen. Macomb was appointed to the
station, which he has ever since held, and in
which he died.— Abridged from Aational Por
trait Gallery.
From the Charleston Mercury, June 29.
UNCONS l i t UTIONALITY—MR. CHE VES.
The following is the first of the series of
numbers by Mr. Clieves under tiie signature
of ‘“Bay” published in this paper in 1837.
This with the admirable article we lately re
published from the Southern Review, ieavts
nothing to be added ibr the thorough demon
stration of lire Unconstitutionally of a Na
ional Bank. We shall follow it with extracts
from the other numbers of “Sav.”
A BANK OF THE UNITED STATES AND
THE CURRENCY.
Ii is again proposed to establish a Bank of
the United States with a view to ;lte reform
ation of the currency and llie subsequent pre
servation of its soundness. I think it will nei
ther be constitutional nor expedient to do so,
and therefore propose to discuss, as briefly as
l can, these questions.
Such is the mutability of human nature,
that there are fashions in the most solemn
things. The Constitution was once a vener
ated instrument. It united, in its defence, a
noble bmu of distinguished statesmen and
patriots. We see it now abandoned by its
old and zealous friends lor no other reason
that 1 can discover than that it has been re
peatedly violated.
“But yesterday, the word of Caesar might
Have stood against the world ; now lies he there,
And none so poor to do him reverence.”
In speaking of the c institution ality of a
Bank of the United States, 1 do not mean to
enter into a discussion of the general ques
tion, but simply to contend that the Consti
tution remains as it was adopted, unaffected
bv construction. If that should be decided
affirmatively there ought to be little difficulty.
The friends of the Constitution triumphed
when Congress refused to re-charter the first
Bank of the United States, and the question
was understood to be settled. But what open j
enemies could not sustain, hollow friends ac- ]
complished by the new doctrine, (not the old
Federal doctrine,) of constructing the Con
stitution. It is asserted, that it has been con
strued and settled by the action of Govern
ment so as to vest in Congress the power to
establish a National Bank. This I controvert
a Constitution cannot be settled in its con
struction like an Act of the Legislature. Ibe
latter may be fixed in its meaning by a single
decision of a Court of Judicature and put be
yond the Legislative power, unless enforced
“bv au Act us posterior prospective Legi&lu-
THE COLUMBUS TIMES.
lion. It is the proper function of the Judi
ciary so to decide and finally and authoritively
so to decide by one judgment as well as by
fifty. But the judgmeut only decides the im
mediate case between the immediate parties.
It would die there but lor the nature of the
tribunal. \\ bat it has decided once, to be
consistent, it must decide again. It becomes
a law to itself and to all judicial tribunals
suboidinate to it. Hence the operation and
authority of precedent, it is entirely Judi
cial. If the rights to a parly be founded on
the Constitution, it does not alter the case.
The Constitution is alaw —the fundamental
and supreme law. Where there is a collision,
Ihe Court must decide which shall he obliga
tory —the law of the Legislature or the law
of the people. The last, ol course, if the
first be derogatory to ii, must prevail.—
Hence the right and the necessity of the Ju
diciary, for itself and in the particular case
only, to construe and say what the Constitu
tion means. The right extends no further
than the necessity, and that no further than
the particular question and the particu
lar parties to the particular suit, and
would die with it as in the case of a common
Legislative Act, but that having once given
a construction, to he consistent it becomes a
law to the tribunal, and to the tribunals sub
ordinate to it, but no lurther. Hence it is
merely a judicial precedent. It has no politi
cal etlicl and cannot at all influence co-ordi
nate branches of the Government, nor oper
ate beyond its own forum. Its whole power,
immediate and consequent, only binds the liti
gants and sustains the tribunal. It cannot
effect the Legislative function, either to en
large or diminish it; or the political construc
tion of the Constitution. This power of the
Judiciary necessarily belongs even to a Court
of Pie Poudre, subject however to reversal,
which might gravely consider what construc
tion the Constitution ought to bear in deciding
the question before it, and not go beyond iis
theoretical power. It belongs alike to a for
eign tribunal —a Court of France ora Court
of Great Britain—which, if a repugnance
should atise between the law of the Legisla
ture and the law of the Constitution, in deci
ding upon rights affected by them, must de
termine for itself what it considers to be the
true meaning ol the Constitution, and wheth
er the Act of the Legislature he repugnant to
it. It is true such a tribunal will rarely, if
ever, venture deliberately to enter into the
question of the Constitutional validity of a
loreign law, hut it will nevertheless virtually
decide the question hv taking the Act of the
local Legislature as sufficient evidence of its
Constitutionality. There is neither in the
Constitution, nor in the nature of Judicial
functions, any director incidental or analogi
cal authority given to the Judiciary to limit
or enlarge the legislative power or to fix a
meaning on the Constitution for any other
purpose than the government of its own ac
tion. A foreign tribunal lias precisely the
same authority, and its judgments l ave just
as much binding efficacy. When it has once
decided, its judgment will be a law to itself
and to tribunals subordinate to it. The law
of precedents will originate and operate on
the same principle and extend just as litr,
namely, to the limits of its own Jorum and
no further. Indeed, in either case, duty la
ther than right cbaracleriz.es the Judicial
function. Why then has it been so often af
firmed, that Judicial precedents can construe
and settle tlie meaning ol Constitutional in
struments, conlraiy to the natural import ol
the Constitutional language, and almost with
Papal oiimipotency, bind and unloose llie Le
gislative conscience? By a lalse analogy
founded on ihe abuse and misapplication of
Judicial precedents. The harmony and ge
nius of our Constitution require dial the Ju
diciary shall be beyond Legislative control,
and that it shall have the power, within its
own forum, even to control the legislative
meaning. Its forum and magic circle, within
which it is omnipotent, but let it pass one jot
beyond it and it becomes impotent. The De
partments of the Government, exercising their
respective functions exclusively, present a
most gratifying view to the lovers ol’ Consti
nnioiial law ami older, each in its orbit, and
sphere within sphere,-moving like the planets
iii the method ordained by the creative pow
er. But attempt to give a Judicial control
over, not the Legislative ac s when brought
within Judicial attraction, but over the Legis
lative functions; over the very being of Le
gisfative power, and they instantly jostle and
throw the system into wild confusion, and,
perhaps, precipitate it to ruin. It is, indeed,
asserted, that, the Jud-.ciury can change, in
crease, or abridge the Legislative power, con
trary to the will of the Legislative body?—
The statement of the proposition alone excites
astonishment. It makes the Judiciary, where
the people have parted with their control with
a view to secure their independence, superior
as a co-ordinate branch of the Government,
to that in which the direct power and majes
ty of the people are represented. The Le
gislature cannot abridge the Constitutional
power of the Judiciary, but according to this
pretension, the Judiciary can almost at plea
sure increase or diminish the Legislative lunc
tions. The analogy ol Judicial precedents,
will also permit the Judiciary to re consider
any decision wnich it shall have made, and
after gtave advisement, say that the Constitu
tion shall mean something else than i: had be
fore determined, and the Legislature must, in
its enactments, change with them. If it can
thus abridge or enlarge, it can abolish or cre
ate; and a branch of tlic Government, as it
were set apart lrom the action of the Govern
ment for other functions, is to control all its
action. The doctrine is as monstrous as it
is alarming. It will also put the Judicial pow
er above the People, whose constitutional will
it is to mould and cootiol at pleasure. They
cannot say such is their Constitution, and
have it so established, though they sign it
with tlrir own hands. Nine men (formerly
seven) by a majority of one vote, according
to this doctrine, can alter, increase, or abridge
the Legislative function and virtually depose
the power of the people themselves, and they
can do this by one single decision, irrevocably,
unless they shall see fit themselves to change.
To these absurd and extreme cor sequences,
does Judicial construction of the poliiical
meaning of the Constitution, and the political
power of the Legislature, lead us ; and meie-
Iv instate litem, is to show I tow preposterous
and unfounded they are. We will now pail
with the Judiciary for a while, and turn to
the Legislative branch. This has no more
power to alter, abridge, or increase its own
Constitutional functions, than the Judiciary
has to do so ; nor to alter rhe import of the
language of the Constitution. They find in
the Constitution, as adopted, their chart and
compass. I. is not necessary to dweli on this
point, because no one contends for such a Le
gislative power. If the Judiciary, whom the
People trust with no political power, give a
wrong construction, it becomes, nevertheless,
as absolute and unchangeable as the laws of
the Medes and Perians; but if the Legisla
ture, to whom the People confide all political
power, shall do the same, we are entirely free
u> examine the correctness of it; and all this
arises from the application of the technical
rules of a limited forum, to great political
questions, and the fundamental Constitutions
ut the State, without any show of authority,
“ THE UNION OF THE STATEsj AND THE SOVIREIGNTY OF THE STATES.”
COLUMBUS, GEORGIA, THURSDAY HORNING, JULY 8, 1841.
reason, or analogy. The construction of the
Constitution on Legislative questions, is al
ways a politicalquestion; a off UwLegislature,
which is a political bodv, with great show of
reason, may be allowed to be tiie expounders
of it, in reference to the principles “ol their
own vital functions. But uo, tne Judiciary
have thought for them, and have decided how
much life and vital power they have. Tne
Judiciary, which is properly a satelite to the
Legislature and the People,is to govern the
action ol both. But it may In said, that it is
admitted oil all hands, that Judicial and Le
gislative acts, do sometimes hare an influence
in stamping a settled meaning oil a political
Constitution. I admit it, and vill state the
principle which governs the sufijtct.
Ist. I admit, that a written, as well as an
unwritten Constitution, may be construed and
altered, and made to mean something differ
ent from what was originally its probable
meaning, by the acts and operatbus of Gov
ernment.
2d. That this is always done, and only
done, by presumptive evidence of the papulai
assent.
This implied popular assent is the founda
tion of all unwritten constitutions, —that ol
England lor example. It is only then as any
act oi the Judiciary or Legislature, shall have
appealed to receive the as>enl ot the people,
tbal they can have the least weight. ‘lhe
mere authority of function docs not txisi at
all in either ease.
We now come to inquire whether the Con
stitution stands unchanged, according to the
import of its language, aiui, whether, in rela
tion to the power ol Congress to incorporate
a National Bank, we are to be governed by
that, or whether we are bound to consider the
people to have assented to a change ol its
meaning by their acquiescence in the acis o!
the Government which may have contraven
ed that meaning? If the impoilol the con
stitutional language autlioiiz.e the establish
ment of a National Bunk, there is an end ol
the question, If on ihe contrary, it do not
authorize that act, we are to consider what the
acts ol the Government are, winch have a
tendency to change the import ol llie lan
guage of the constitution; whether they are
of character to effect that change, and what
degree of assent, if any, the people have
yielded to lhem? Here one of the first sub
jects of reflection that urists in the mind, is
me nature of the Government. As that Gov
ernment is more or less a popular Govern
ment, so will iis acts be more or less, accoid
ing to their nature, evidence of the popular
assent. The Government of the United
States is not, 1 think, essentially a popular Go
vernmeni. It is a conledeiacy ol sovereign
■Slates. It is true, it has many leatures of a
popular Government. In part it is the rep
resentative of the people, but it is equally tne
representative of the States. Just so lar as
it bears the latter cliaiacler it is removed fiom
the people, and its acts will in a proportional
degree fail to represent the popular assent.
The evidence of the popular assent must in
such it case be the stionger.
Written Constitutions are anew thing.—
Our own are the first that deserve the name.
All other Constitutions are unwritten. To
the establishment ol’ unwritten Constitutions,
all History, confirming good sense anti sound
reason require, attests, iliat 10 foun and settle
an unwritten Constitution, ages are required.
There must lie mutations of time and genera
tions. There must fie sunshine and cloud,
storms andjcalms in the political atmosphere.
The people must try, enjoy, suffer. There
must be war, peace, tranquility, prosperity
and adversity. All ihe vicissitudes of ages
are necessary to prove the assent of the peo
ple to a scheme of Government winch may
a Constitution, when it is unwritten. If it be
written, is it not reasonable that as much lie
required losubmilil. The written Constitu
tion is indubitable evidence of the popular
will. If so, would it not be trifling with the
understanding, would it not be a violation of
all logical rules, t<> snv that any thing the least
dubiiable, shall he allowed to subvert than
which is so iudubitable as a written instru
ment. We ought to conclude that nothing,
at least, less than what would establish an
unwritten Constitution can subvert or alter a
wiilten Constitution. But we ought further
to enquire, whether the written Constitution
contained in itself the means of change, in a
constitutional way, by popular suffrage, and
whether these means were easy of employ
ment and of ready access? li ihe affirmative
be the fact, we can hardly conceive a case
where the popular assent to a change can be
presumed from circumstances, not even llie
lapse of any length of lime n r any number
of violations of the just construction of the
language of the instrument; litr such pre
sumption will always be opposed by the very
strong presumption; may I not say the al
most irresistible presumption; may 1 not say,
if allowed the expression, the only constitu
tional presumption, that il the people had
willed a change, they would have made it in
the ready and easy mode which the Constitu
tion provides. Really this view of ilie subject
seems to abolish the doctrine of presumption
against the language of the Constitution. It
must, I think; require such circumstances as
any length of time will very rarely produce,
to authorise its adopt on.
Let us now apply this reasoning and these
rules to the question beloie us. But teally it
our premises be sound how can we need to
attempt, m a formal manner, to make the ap
plication? Truth Hashes upon us in such a
lull blaze, that the conclusion becomes sell ev
ident. No considerable time has elapsed.—
Phe constitution is not yet tidy years old, a
period Iliat in a nation,is like a day in individ
ual lile. ‘Phe Constitution is yet tut in its in
fancy. These constructions and presump
tions do not belong to the freshness ol youth.
They always resemble more the crutches ol
senility. Thete is no single circumstance consis
tent with the foregoing reasoning to auti.orze a
presumption that lire people meant a change.
They could have made a change constitution
ally ma lew months, had they been eager to
do so. Have they not often been urged to
make the alleged change? But they have nut
even yielded a listening year to the syren.—
Is not even litis strong evidence ol dissent. —
They seem to adhere with tenacity to the
original meaning ol their great jfuftdamerrul
law, and in the spirit oi old Hngush liberty to
say, Leges nolumus mmare. VV edo not wish
to change the Constitution.
But though it may be supererogatory labor
we shali examine the actsoi the government
on which the presumption ol cl ange haa
been alleged. Soon after the establishment
of the Federal Government, the first Bank ol
United States was chartered. Ihe people
of the Union were divided -into two greai
national parties, (would to God they were
still so!) each embracing great virtue and tal
ents and high character. The party then tn
power and by whom the Bank was chartered,
were the advocates of strong government and
constructive powers. Not, however, such
constructive powers as we have been combat
ting, but such as might, in their opinion, he
logically deduced from the language of the
Constitution. The construction of thsdav
does not belong to the Constitution—has no
affinity with it. but tt is a fungus which has
stealthily adhered to its ha-k and is preying
upon its juices. One of tb; strongest deve!_
opemeuts ol these constructive claims, was
the establishment of the first National Bank.
Nothing transacted by that great party car
ried their doctrine iuithw. It was one of the
great trial poiuts between them and their op
ponents. it was ranked with the Alien and
Sedition Laws. Their opponents contended
Tor a strict construction of the Constitution,
and an exclusion of these lar-letched pre
sumptions. The contest raged twelve years,
and terminated in the triumph of the fatter,
who have held the reigns of government for
almost lorty years, all the time alleging an in
violable adherence to the principles which
brought them into power. Il was no com
mon triumph. It was no common deltat.—
W ifli ihe loss of power, the very principles ol
ihe Federal party-1 mean those of a strong
Government and constructive powers, were
extinguished and deemed contrary to the ge
nius of the Constitution. Their fruits, the
Alien and Sedition Laws and the Bank, fell
witli them under the loud condemnation of the
people. This aclof tiie government, there
fore, affords no evidence of popular assent.
T ne second Bank of the United Slates was
utterly repugnant to the principles off the Re
pub. ican Tarty, by whom the first was put
down. The pretence upon which it was
chartered was precedent. A precedent which
had been abolished, repudiated, cried down
by public proclamation like lalse halfpennies,
was the pretence upou which the last Bank
was established. This second Bank has been
put down by the people, and although with
not quite so much emphasis still it leaves no
evidence of popular assent. What more?—
Why in reference lo this last institution there
has been a judicial decision. We have al
ready inquired, what is ihe value of a judicial
precedent unconfirmed by the assent of the
people, and we have shown that it is precise
ly nothing—lar below that of a L gisialive
precedent, and that even of very little weight 1 .
A Legislative Act is entitled to some little con
sideration. That body represents the people.
Its members have recently come from among
them, and may be supposed to know their leel
ings and wishes. But it is not so with the
members of a judicial tribunal. They are cut
oil lrom the people like the Jewish Priesthood
—like the tribe of Levi, they have a seperate
inheritance. They neither come from nor re
turn to the people. They have been made in
dependent of the people. They have been
made irresponsible. Their emblem is a blind
goddess! They are by the genius of the
Constitution required lo be blind to the popu
lar will, deaf lo the popular voice, and insen
sible to the pulsations of the popular heart. —
Their glorious and exclusive motto is “ Fiat
Justitiu ruat Caelum ” They have no power
and no right to decide politically, and the
meaning of the'Constitution, out of a judicial
forum, is always a political question. ‘The
distinction is very important between Judicial
and Polit.cal views oi the Communion. A ju
dicial tribunal may tc compelled to declare a
law to be Constiluona! which its members
were they legislators, would unhesitatingly
pronounce to be politically a gross violation
of the Constitution For example.: The Ju
diciary could not declare the tyrannical impo
sitions of llie Tariff laws to be unconstitution
al, because with a judicial eye, they could dis
cover in them only llie’ features of revenue
law*. But looking at. them politically, who
does not see, at least on this side of Mason
and Dixon’s line that they are gross violations
of the Constitution.
Are there any other’ acts of the Govern
ment sustaining a National Bank? O yes,
here are numerous suits, which have been
instituted by.the Bank against its debtors, and
the Courts haveg.ven judgement in then la vor
though their jurisdiction has never been made
a question. They have, too, held sundry
pieces of real estate, in fee simple, which
have not been escheated. These are indeed
profs of civilization and good faith, but we
cannot see in them any proofs of the public
assent to tbe metamorphosis of the Constitu
lion. Those who stood op as defenders of
the Constitution did not intend to become
highwaymen. The public faifli required
tbe immunities. Tbe Arab of the desert, the
Indian of the Wigwam, where he has given
his pledge, will not violate his engagement. —
A civilized Christian people could not do less.
But all this will not afford the least proof of
(heir assent to an unconstitutional law. I be
lieve, then, there is not tbe shadow of evidence
that the people have assented to any change
ot the Constitution, and that the instrument
stands in the lair characters in which it origi
nally came from the hands of tfie jieople, free
from any interpolated constructions, complete
ly “ regenerated and disenthralled,”
SAT.
Naval Regulations. —The lion. Secre
tary of the Navy (says the l’diladelphia N.
American) has issued bis orders changing and
prescribing the uniform and dress to be worn
by the officers of the Navy of the United
States.
No embroidery will hereafter be worn by
Captains of the Navy, and in several of the
others grades changes are made in the dress.
The same button is prescribed for ail officers,
and none other than blue or white pantaloons
or vests are permitted to be worn by any offi
cer in the Navy. When uniform is worn itj
must be the entire full-dress, and uniform is or
dered to be worn by all officers attached to
vessels, navy yardsstation the recruiting ser
vices or hospitals. Strict obedience to these or
ders is enjoined. The hair of all persons in the
Navy is to be kept short, no part of the beard
is to be worn long except whiskers, which
shall not descend more than one inch be
low the tip of the ear, and then in a line to
wards the mouth.
Judge Wright, who edits the Cincinnati l
Gazette, and one of Harrison’s late confiden
tial committee, thus speaks of the appoint
ment of Baer, the buck-eye blacksmith:
‘‘Afpointment—Sub-Indian Agent.— We
have regarded the intercourse of the Govern
ment of the Union with the Indian tribes of
great delicacy and importance, calling for a
careful selection of agents for the service—j
agents of known character, talents, and pro- j
hitv. The agent or sub-agent exerts great in
fluence upon the Indians—they regard him as
a father, and confide in him accordingly. The
above remark was suggested by the annuncia
tion, in the Ohio Statesman, that John W.
Baer, has been appointed sub-agent to the In
dians, at Upper Sandusky, in the place of Pur
dy Mclilvainc! We hope this is not true —
because, we know no reason for removing Mr.
Mclllvaine ; because we do not believe Mr.
Baer has the character, or other qualifications
to win the respect, or secure the confidence
of the Indians; and because, the’change of
agents, at this time, when negotiations are on
foot to obtain the consent of these Indians to
remove West of the Mississippi, will interrupt
the negotiations, if not wholly defeat any ar
rangements to effect that object.
Wrecks.— The number of wrecks and cast
aways on our Atlantic seaboard, says the Sa
lem Gazette, is astonishing. It averages from
four hundred to five hundred a year. In
January, 1839, there were ninety one Ameri
can vessels of all sizes wrecked on the Atlan
tic coast, —ntaking on an average, a case of
shipwreck once in every eight hours for a
month.
[NUMBER 22.
Kroai ihe National iuleiligeucer.
To the Editors :—My recollections of
what I had heard and read being irreconcilable
with the statement in your paper of June 15th
as to the facts and circumstances which oc
curred when Gen. Washington had the bank
bill under eonsideratiji, and Leing incredulous
too, that a paper of the great length of the one
which Gen. Hamilton submitted toGen. Wash
ington on that occas.on couid have been drawn
up “atone sitting,” as represented, 1 have
been induced to turn to the documents, and
lind the following facts corroborative of my
reco lections and contradictory of your state
ment.
The bank bill, involving a constitutional
question, was first submitted by the President
to his law officer, the Attorney Genera , (Ed
mund Randolph. (His written opinion was sub
mitted to the {Secretary of State (Thomas
Jetl'erson) for his views of it, which were con
veyed in writing to the President. These two
opinions, both adverse to the bank were trans
mitted in a letter to.the Secretary ol the Treas
ury (Alex. Hamilton) by the President, Feb
ruary 10, 1791, for ids opinion, and, as the
President said, “that lie may le fully possessed
of the arguments far and against the measure
before lie expressed any opinion of his own
and be said he was desirous to receive General
Hamilton’s views on the subject as soon us
might Le convenient.
On the 21st of February, General Hamilton
wrote : “The Secretary of the Treasury pie
sents his respects to the President of the
United States and requests his indulgence for
not having yet finished his reasons on a cer
tain point. He{has ever since been sedulously
engaged at it, but linds it will be impossible
to complete it before l uesday evening or
Wednesday morning early, lie is anxious
to give the point a thorough examination.”
February 23J, General Hamilton wrote :
“The Secretary of the Treasury presents Ins
respects to the President and sends him the
opinion required, which occupied him the
greater part of last night.” This opinion is
dated February 23, 1791, and was received
by General Washington, February 23J, at
noon.
This statement shows that General Hamil
ton had the subject under consideration, and
was “sedulously engaged in it,” seven days —
that is, from February Kith to February 23d,
and, therefore, and that it could not have been
“a matter of astonishment to the Secretary of
the Treasury (Gen. H.) that the President
should have held the bill in suspense until the
ten days limited by the Constitution bad al
most expired”—nor could Gen.J Washington
have said to Gen. Hamilton, the next day alter
lie had received bis opinion, that lie bad s gned
the bill, as ho did not do so till February 25th.
While I have my pen in hand 1 will com
municate an anecdote, connected with the ap
proval of the charter of the first Bank of the
United States,’ which I do not recollect ever
to have seen in print, but which 1 have often
heard Mr. Madison relate ; and is interesting
as an additional fact to the length of time ta
ken to consider the subject, that General
Washington hesitated much, and previously to
his acting on the bill, was assiduous to obtain
all the light he could, as well in as out of his
Cabinet, to guide his judgment to a correct de
cision. . , {
General Washington, through Colonel Lear,
his Secretary, having expressed a wish to
see Mr. Madison, he called on him, when the
President said he was desirous of seeing and
conversing with him, about the Bank, which
he then hud under his consideration— he
had not made up his mind on the subject—and
after alluding to the speech’ Mr. Madison had
made against the bill in Congress, and expres
sing his belief that he (Mr. M ) had given
much time aud consideration to the question
involved in the charter, Gen. Washington ex
pressed his desire that Mr. Madison would
sketch off such reasons as he, the President
ought to assign, if he should ultimately make
up his mind not to approve the bill. This
Mr. Madison accordingly did, aud sent the
sketch to the President.
There is another anecdote, derived from the
same venerated authority, in close connexion
with the one above, which 1 take the liberty
here to add. It is the more interesting from
the fact that the question involved in it lias
never even vet been decided by Congress’ It
is well known that General Washington de
layed his approval of the bank bill to the last
moment allowed him by the Constitution, but
it is not known, I believe, that, if he had dis
approved it, the validity of his veto would
have-been, questioned and resisted in Con
gress on the ground that the ten days given
the President by the Constitution to consider
bills had expired, and consequently the b nk
bill had become a law. In proof of this, I
have frequently heard Mr. Madison state that,
from the delay of the President to return the
bili to Congress and other causes, the friends
of the bank had become alarmed for its fate.
Under tliis siate of feeling, Mr. Wm. Smith,
one of the members from South Carolina,
came to Mr. Madison and exultingly said, we
have t lie hank in despite of the President.—
The committee, he said, who laid the bili be
fore the President fur his approval, did :o on
aday and hour which he (Mr. Smith) named,
and pulling out his watch, he said that hour
had now passed, and the ten days have con
sequently expired, and the bank bill has be
come a Jaw. Mr. Madison inquired if he were
certain of his facts, and of the correctness of
his conclusion from them, lie said the mem
bers of the committee would swear to 1 lie
facts, if necessary, and the conclusion he had
drawn was from a clear and explicit provision
of the Constitution’ Mr. Madison had just
commenced questioning the certainty of his
conclusion, and whether fractions of days, or
Sundays, could be counted, &e. when his re
marks were interrupted and put a stop to, by
the annunciation of the approbation by the
President of the Bank bill,
Cofrespdademe of the New York Hereld.
Washington, June 23.
A gentleman of this city has in his posses
sion a very curious letter, written to him by
Gen. Harrison, a short tune anterior to the
Harrisburg Convention. The letter evinces
a strong ieelihgof hostility towards Mr. Clay ;
and when publised, as it is soon to be, will pro
duce some sensation among the politicians
here and elsewhere. In iho letter, Gen. ilar
ison speaks of his correspondent and Mr.
Cuthbert Powell, of Virginia, as two of his
most trusted friends; but as they were also
the devoted partizans of Mr. Clay, he felt a
de icacy in communicating freely with them
on the subject of the Presidency. After
speaking of Mr. Webster in high terms, and
adverting to the position of Gen. Scott, he re
fers to Mr. Clay, and expresses his enmity in
unequivocal,and decided terms. The follow
! iugis substantially his language:—(”/ have
been fur years the devoted friend of Mr. Clay
ami he has repaid me by acts rs black ingrati
tude.”)
It is not pretended that this is the precise
language, hut it conveys the spirit of the pas
sage-
The committee from Cincinnati have great
difficulty in removing the remains of Gen.
Harrison. They are as badly off as the crier
of a court, who had taken a cup too much, and
could not pronounce the usual formula tor
opening the court “Why do you not open
the court, sir!” said the Judge. “ Bless your
Honor’s heart,” stammered the crier, “ it’„ the
d—dest hard court to open that lever see.”- A -
Just so with the Cincinnati committee. They
cannot get away with the patriot’s bones, any
how. They came here principally for tho
purpose of looking out for some bones with a
little meat upon them, and they are hard to
find. Almost every man of the committee
has some personal object in view—some office,
lor which he urges the promise of Gen. llar
risou, and tho ashes of the brave and honest
old man, cannot be removed until their own
interests are subserved. They have been here
now some eight or ten days, living in clover
at Brown’s hotel, drinking their Champagne
and Madeira, all of which is to be paid lor out,
of the appropriation by Congress, or by the
the city of Cincinnati gloryfying one another
and expatiating upon their own services to thu
cause of the country.
As soon as their jiersonal objects are accom
plished, or tiie patience of the administration
is exhausted, it is to be hoped that the remains
of the veteran will be removed with appropri
ate ceremonies. ‘The solemnity of the occa
sion, however, will be diminished by the open
and almost indelicate manner in which tho
committee have mixed up selfish and personal
matters with the legitimate object of their
mission Their business will probably be fin
ished by Saturday. In that event, the remo
val will then take place.—N. V. Herald.
Cuba. —By a statement lrom our corres
pondent, winch we published yesterday, it ap
pears that the exports of that most productive
sjHit of earth, amounted in the year 1810 toal
most twenty-six millions of dollars ; being
four millions and a half more than in 1839. —
The quantity of sugar exported was six
limes as large as the quantity of beet sugar
grown in France during a similar period. The
immense wealth of Cuba and tier great pro
ductiveness, in despite ot all the embarrass
ments imposed upon her iy Spain, render her
an interesting object for the contemplation of
political economists. The foreign trade of
that island is equal to one fifth of the foreign
trade of the whole United States, including
cotton, tobacco, bread stuffs, and all the rest.
Her internal trade is however comparative
ly sinail as there is very little variety in the
pursuits of her people, almost all of them en
gaged in agriculture, and that confined to two
articles, the sugar cane and coffee tree.
Soda Water. —An English Chemist late
ly lecluiing al the Royal Institution, said that
the ureal majority ol the article sold as soda
water , does not conta none grain of soda, but
is merely plain water, impregnated with car
bonic acid gas; not because soda is too ex
pensive an article, but because lire aparatus
for loicemg the gas into the water costs about
$75, whereas, ihe cost of the machinery, re
quisite to prepare a solution of soda, is from
3 to £4,0U0.
K, ii llim Baliiin re it"],uMican
Connections, Friends, and Hangers on-.-
It would appear from the following that the
magic ot Gen. Harrison’s name is last depart
ing, and that the whiga are getting tired of his
“connections, friends, or hangers on.” Had
we have said half wliat is avowed in the fol
lowing paragraph taken from a letter of a
Washington correspondent of the Patriot, we
would have, been charged,with want of feeling,
want of patriotism, and a want of every thing
else noble or manly. Love for the General s
family and friends, begins to evaporate very
rapidly. r .
“Though lovu is warm awhile, soon it grows cold !*
“In the first place, 1 must be permitted to
say that 1 think the Harrison family have been
very liberally dealt with both by the Execu
tive and by Congress. And seconly, let me say
that the Executive has appointed four male
members of General Harrison’sfamily to offices
at Cincinnati, worth SSOOO a year, and another
to a land office in lowa, of equal importance,,
and now Congress has given the familyat North
Bend the very liberal sum of $25,000 more!—
Besides, in the distribution of offices, the per
sonal frienbs and connection of the dec’d Pres
ident, have been dealt with in no parsimoni
ous manner. It seems only to be necessary
to proclaim that you have been in some battle
with the General, or have even touched the
hem of his garment, to secure at once a lucra
tive appointment, to the exclusion of veterans
of higher deserts and better qualifications—
-1 could go into particulars, and at the proper
time I probaly shall—my only object now is
to enter my protest in extenso against the idea
that there lias been in any quarter, the least
illiberally towards the Harrison family, or
any of its connexions, friends or hangers on.
The American Navv.— Mr. Buckingham,
the traveller, has the following paragraph rela
ting to the American Navy.
“The American Navy comprises at present,
1 three decker of 120 guns, the Pennsylvania,
built at. Philadelphia, and said to be the largest
ship in the world, capable of mounting 150
guns, though rated at only 120, and probably
carrying no more at present; 11 two-deckers
rated as 74’s, though all capable of carrying
from 80 to 90 guns each ; 18 frigates, ol 64,
44, and 30 guns respectively ; 16 sloops, of
24 and 18 guns each ; and 10 schooners, of
12 and 10 guns each—making altogether only
50 vessels of every class ; and yet spiall as it
is in the number of its ships its efficiency is
so great, and the skill of its officers and sea
men so conspicuous, that it is superior in ac
tual force to any other Navy in the world, ex
cept that of Great Britain, and would not
shrink, single-handed, from a contest with it,’
gun for gun and man for man, with a proba
bility of being victor.
The celebrated wall of China, said to have
been erected in the year 413, B. C. is 714
German miles long, 14 feet thick, and 20 leet
high ; so that, with the same materials, a wall
one foot in thickness, and 23 feet high, might,
be carried round tbe whole world.
Our Minister to France. —The N. Y.
Courier, speaking of Gen. Gass; says—“We
speak advisedly when we say, that to the day
ot his death, Gen. Harrison placed iinplicit
confidence in the ability, patriotism, and j>er
sonal friendship of Gen. Cass; and we may
now be permitted to add, its at, aware of
our close personal relations to Gen. Cass, im
mediately after his election to the Piesidency
in November last; Gen Harrison made us tbe
organ of Communication with his old friend
and companion in arms, ivi.icli resulted in a
determination to continue him at Paris.”
The Ne-v Orleans Mint. —The silver
coinage at this establishment, from llie first of
November to the Ist of April, was 860.000
dimes, and 720,000 half dimes, amuimtintr to
§2 2 J 250. The coinage in the month of May
was 215,000 dimes, and 190,000 half dimes,
equal to 531,000.
S.nce the Ist of last month there have been
coined 1,785.000 dimes and hall’ dunes, of the
value of 8563,000.
Notwithstanding the large coinage at Ihe
Mint of small change, the demaitj is not
abated, but appears to be increasing.
Tbe above does not Comprise the whole
woi kings of the Mint—for there lias been con
siderable coinage ol gold and silver of larger
denominations.
Bishop England. —The Roman Catholic
inh ibitams of Halifax, Nova Scotia, on the
25 li ultimo, paid testimonials of public r<->
spect to this distinguished prelate of thair
church. Addresses were made to him, by L
<> C. Doyle, with the sanction of the Veiy
Re/. the Vicar General, on behalf ot the par
ish of St. Mary ; and bv Mr. John Nugent,on
behalf of the students of St. Mary; to which
B.siiop E. returned suitable replies.—Charles
ton Courier.
Railroads iTn England. -There are 71 lines
of Railroids completed or began in Great
Britain, forming a total length of 2,191 miles.
Os the se 53 aie open. 18 partially open, and
commenced-