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P „ . PUBLISHED 1 V i\ lr S , D - ; v Y marking, Inth* , JA.viVAN Njiys, O±T-' ! °” !• comer of ° e _ rpa and Randolph Streets. TERMS: a-iva*ce TI !,r Jailors per annum, payable in n, ,at tl , ’ or f ‘’ U s auJ * haif al u e nil of six in >at(is, or t>,r il >!i ns, (in .tit cases) where nav n u ■)! ..i i F jetore rue expiration of the \ear. t , cce,v< -' d r HeM tliailtivelve inon hs 1... H.V , ; * u and no paper di>con ’ X ‘ i ” ,u ll| , ti °J ,UuO o! lt *e Editor, until all arrearage are paid. D> EHTlstMEWTsconspicuously iioerlid .1! lie rlcf tar per ona ‘Mains J or ,r Js, ~r less, for the first in strtioT and uf.y cents for every subsequent conlin uince. rii.se Sent w.tuout a specilieaiion ofihe nin .-r innsjrtio.n will be p lohshed until ordered oji an 1 charged accordingly. ’ c viiLV VDVKHTisrmitxTs.—For over 24 and nit eilwcJiiiJ 3 > lines, tif.y and .ilars per annum ; fo over 1 _ and u u exeeedinj 24 Ir.ies, t nrty-five dol lars per an in ; for less thin 12 Pries, twenty dot ! lars per annum. 2. At. ru eantii >u e work >1 uh!e the above prices. ! LiEoxL Anyer rijEMESrs published al the usual j ri es, an i witli strict atienii ,n to the requisitions of I tli g lavv. Ai.l .3 tens rsju'atei by law, tnust be made before j 11; c > irt Id iiu J it, between the h.\i, sos 10 in the \ onruin’ ail • >.ir iu the evening—hA-e of imd m I tin county wnere it is situate; those of i.ersorial | property, where Hi a letters testamentary, of a Inunl I istra'i in >r if i ir.lia nqtp were, ob allied—and are requuel to be previously advertised in some public i gazette, as foliows : SiiSitit'Fs* 3 \les nn ter regul tr executions fir rhir- ‘ tv 4 iys ; un ler uurtgags ii fa. sixty days, before j the dav of sale. S u.-:s of ia i I tn I negroes, by Kxecutnrs, Admitiis- ! trators or GSoarJiaus. for sixty days before the day <! sale. ‘ j. Sai.es of personal p-operty (except Negroes) forty days. r\ rt i\s bv Clerks of be O'rirts ol Ordinary, upon ao.die i'ioi lor letters of a Iniinislralion, must be pub lished fit thirty days. dirt n iv iiii i.i die i*i) i so” dismission, by Fx c u ors. Vla nimators or Li.lndians u iutlily for six months. Orders of Uo tr'sof drdinarv. with a copy >f tbs bond or agreement) to make titles to I ml. ulil it !i • p ib'ished three uinuths. N irtcas bv Fxecotors, ULni'iiu i-.i-or;* or‘iiiari'inns, of a rdi • l'iori to the Court of l *r linaty for leave to sell the lan I or negroes of an esfite. f .nr months. N’ tices bv 15xecutors or Admi listraiors to the debt irs ant creditors of an estate, fir .ix weeks. Sit r-Rim’. Clerks of Court file, will be allowed the usual ‘eduction. ET I .offers on business, must be post paid, to ; *h(?tn to attention. M.i.. olidri I NO’s. /U limi’ SS. TO Ills COM iTITUENTS. I beir leavi, —as weii in xecutfon of ihtise deferred oflirts ol’ private Irnndslup, which, amid ‘lie cares of the busiest Cong-ess of otir time, it has been uhjhds tile (or me In discir-rge by individual letter, ns in order to rentier to all an account of my stewardship thus far as yunr representative,—to address you in this form, on the oreat public qu stains which now occupy the thoughts of die people of ti.e U Sta les. A lew words only, beforehand, in a personal relation. It has been my anxious endeavor, at the late important session, so to act in all things as to guard your honor and interests, and those ol our great common country. My votes in the Home of Representatives, on the several measures hi so e Congress, speak lor themselves. in respect (o ail b it one of these measures, there was, yo i know, p-rlect concord & con nection on Hie pot of the two Houses of Con *> ress ano die President.—Com ei mug one of! tinm beam! they difif-ied. On the great political question, as to what course ol conduct should b- pursued hy Con gress in view of this dilFerence, what jmlg-y nu*nt ought to be passed on ..is action, at and ‘ip die consequences of that diflen-mv, ii i -Vfi I have been easy for me to stum appar- j .it responsibility ; leaving events to their own j course. Dm con ingem is troe, thereupon, in \vlic! j to he passive was to yield way, as and seemed j ■ ‘•* roc, to bad and foolish eounsi Is, and inac- ; I ton beeame in its elf ct tit worst of action,; ? a .ul to aeq tiesce tamely in wrong doing was! *.i nnk - on. ’s self ns trul , rcsponsttiie ior it as ] v to p rtake in ns perpeirf on. Result s vv ■ ’ to my estimation of tie; duties of one to pubhe station, and In tiave clear | convict on of right, he is hound, time and place ; lilting, to strike in behalf of the good cause. On account of my conduct i:i these qu> s t tioos, involving as tie y do great personal and j polit ei! interests, and stirring the passions ol m n, much obloquy lias been cast upon me by p esses out of my district, and lor the most | part out ol the c >mm m wealth of M tssacbti setts, winch have volunteered to t: ll teiice or to anticipate your judgment on your repre sent a live. Be it so. 1 Itave nothing h> say in that te ganl. I contentedly subtiiit myse U therein, t<> the sober sense of the people, and the all reciifying infiuences ot time. It is the public question, atirl that alone, vhich demands immedia.e attention. I pro ceed at once to that. A caucus dictatorship has been set tip in Congress, which, not satisfied with ruling that bodv, to the extingiiishiHcut ol ituiivuh allree doiu of opinion, seeks to control the President in his proper sphere ot duty, denounces, him ibdore yon fnr refusing m surrender Ins iude -1 pendence and hts cot-science toils thcree, ;md proposes, ttirough subversion ol the luntla f mental provisions and principles of the consii -1 union, to usurp the command of the govern ,V ment. . .. , I liis :i question, therefore, in far*, not o! le- | gislative measures, bill ot revolution. b Wliat is the visible an<l oi.ly professed on- , gin of these extraordinary movements? j B Tin* Whii! party in{ Congress have been exiremelv desirous i cause a law to he enact- , cd at a late session, mcuiporaimg a National Dank. „ , Encountering, in the V eto ot the I resin n , n constitutional obstacle to the enaction” “I I s „ ct , a law at the late session, a Cenaiti |x><- ( ! non of the Whig party, represented by the j Caucus Dictatorship, proceeds ‘hen, in the t beginning, to lieiiounce me President j VV.II vou concur in this denunciation ot the j President? . . . J I'he answer to this inquiry resolves u>nl hU), first, a question ot expediency; and,se ll condlv, one ol principle. v U First.asa question o! expediency, it involves S ihr toJlowmg [among othei] points ot ti.e cut 1 “po do so, dissolves the Whig Admimstra Itioii, composed of two necessary pans, name ■ iv, a united Wing Pi evident and W lug Con ■ g iTnot a Wl.it* Administration of more un fcortai.ee Ilian to have a Bank at a give.. tu- Hmeiil of limn ■ I is It not worth more, f*r “ti er p"rposes ol fco.id it may accomplish, man any. mere cor- I The W ig Administration dissolved, wu j lanv od.er Adm.mstrat.on give you a bank. j |„1 vital does it advantage the V\ ...*_ pa . Lo smk its-If into a minority in all or any ot j She Slates of 11-e Union? ■ Sparatnn from the Whig Ad min ish at ion, ftvh'ii is to be the condition ot he W h*il l )Jir - j ? I $ it to be hr Administration or oj piwt ■ *'"p !!tv organization is a secondary or im-i ■ Bental factT but constitutional order, m the; ■jegular action of government and laws, is a ■■This regular action of government and laws lieceded V\ l.igs—be they ever so many—can- It -,1 |„ss— “Why, Slid Sheri lan. did IrT ‘'nm put it off, as Fox did ? I have l.ea-d ■L’ men running tbetr heads agmist a wait, II is the first time I ever heard of men Kmldiliff a wall and squaring it, and clamping VOLUME I.] it, for the express puipo&c of knocking out their brains against ii.” Tins bon mot of >tienda..’s wilt apply to (lie V\ nig party in Congo ss, il. on acC'itin. ol the lailute ot Hie bank bill al liie late session, they secede from the Adi: uiisti alion, and’ set up as a ‘l'ertium Quid in I tie Govei iimetil, neither Administra tion, nor op|M)sitiun. As sue 1 1 lei tiuiu Quid, neither administra tion mu opposition, having no substantial is sue with me President l> .t the bank question, m how many of the States can the si reding wings expect to maun.on a majority hy means j >1 the merits exclusively of the batik ques-j lion r The bank question apart, is it possible to build up or maintain a jstiitical parly oil the t) sis ol resentments nr ol surmi t, suspicions jor oss.p'injmi >us h> the admitiistialion? Is ! not tlie country at pteeenl desirous of political repos;—anxious to attend to business? Is it possible l > work up the people lido a political fever, and keep them m it lor three or four ytars to coins, in aid of the resentments and personal tuck, rings ol a lew politicians here?: The fi’si access of passion over, Will the Wings continue to think that the occupation of attempting to bite uri one’s nose is pit a>aut o profit.. hie ? Will it aid the hank qites i m to heap on ii ! sundiv great pp ji cis ot it voht:ionai v clu. )je ; hi the constitution ofihe Federal Government? N the fiat tv stiong enough to cany such an accumulated burthen ? Is it wise lor the Whig party to throw away the actuality of powe- for the cur ent iiitir veai? Ii so tor what ohj: cl ? For some contingent puasibihty lour years hence? If so, what one ? Is the contingent pov.ihilitv of advancing Ito power four vea>s henc anv one particular i man m its ranks, whoever he may he, or how ever eminently deserving, a sufficient object m induce the Whig party to abdicate the power which itsdi. as a body, possesses now? If so. will thi* abdication of power now tend to piomiie that object? Is it not, on die contra'v, ‘be very means to make sine the success of some candidate ol the deiiioc;at c i party ? Secondly, as a question of principle, the inqiiirv, whether the President shall he de nounced by the Whig party, becomes this— ought he to be? If so. lor what causes? He vetoed the bank bill in each of the two forms in winch it was presented to him ; and i ihi--, it is chaiged, is peiftdy to the Whig par- 1 Vet, confessedly on all hands, the President was not nominated or elected on a pledge to this pnrucuiai loitu oi tiank, or to any bank. Nor tinl the Wing party come into power m vn toe ol such a pledge. In refusing to sign those bills, then, be vio lated no engagement, and committed no ac ol peifi-ly in tie loiliiteil pledge. Il those hank bilU were, by a distinct under standing Itelitre the election, or in any other wav. the sole and exclusive essence ol Wl tig ism, then thete would he somelhittgol plausi bility m this charge of peitidy to the party. But in any, the strm gest point ol view, they ne:e hut one Witig measure among many. Oi thiny-one VN log measures, a mem tier ol the pm iy eonctns in lint tv, hut disapproves one. Is lie fir that cause to be uncliuiclied ? Surely not; lor if so, there are lew who could stand the leM. And yet tins is the precise f .ci in this matter, so far as regards the Presi dent. But, in this piiiliculat, the President, a-; an upright iiitin, could do nootheiWise than he did. He conscientiously ilisapproved those hdls. And the Constitution, which lie was sivtu n to obey, commands him expressly and percmplnt i!y commands I uni. ‘I he do not ap prove- ot’ any hill presented to h m lorsigiia- Ht e, to return it to the house ol Congress in which it originated. ‘lt he approve he shall s>gn it ; if not he shall return it,” are the words of ihe Constitution. W ould you, a e mscieniious men yourselves, forbid the Presi dent ol the United States to have a con science ? In fact, if he bad approver! the Fiscal Agent bill, lie would have been quite singular in that, for nob dv else did. But, it i< slid the constitutionality of a Na tional Bank is a closed question, decided by ilie Supreme Court ol the United States, and by successive Presidents of the United States. I bis assertion is a great error. \\ hat lias been thus decided ts simply ibis: Tiie re is, in the Constitution, no express power to it,corporate a Rank. But if the National L'gidutare be of o piniitn that a particular description ol f* iscai Agent, called a Bank, is necessary and proper to the execution of anv of the powers grant ed to Cdigtcss m the Constitution, the n Con gress possesses tiie power to create such a Fiscal Agent. . i j The Supreme Court have decided mat the j F,egistatuie is ilie constitutional Judge of the j tic I of the necessity and propriety of such a ; Fi cal Agent. . It the Legislature, bv tbetr acton, in then ittcorpor.tson ol such a f isc.al Agent, dedaie t the* opinion that such Agent is necessary and primer for the execution of some express pow-j • r, then the Supreme Cotin deduce, as a co- 1 i i.ary from Hie tact so declared, the leg* , c >ns. quet.ee of the Const tulionality of such. Agent ! in the g veil case, the Leg-slat tire is to took j into the Id proposed and see whether the ( Agent cream* by it is a necessary aid proper .me. ’I ne Senate is to do tins on its respoit-| sibuiiy. The House is to do tins. ‘lhePusi-j ! dent ts todo “ns. And it they concur in lie 1 opiuion. ben. bv'be decis on of tiie Supreme j i Court, the co stituiioiialr vof t lie Agent sic jcirated loilow> as a consequence. It has not been ih cided, either by the Su-. j „eme Court or by the action ol any past . ! Pies.dent of the United States, that any bill j whatever, no mallei what i's contents, to ! winch tiie tide “Bunk” is given, does by vir- I t ,, e „f that title become ot necessity constiMi- I On the contrary, the name o’ he A ient determines notlnng. Ihe quantity and 1 iiualitv of “s | rowers—me naimeof iheluin ms‘bestowed- upon it—their necessuy and i propriety, as veil, (in the detail,);” the precise t me, as (>v princii It',) in genera', a.I u.cm a e qucsti -ns ol fact and ugh', to be examm i'e l in each cae of a |iro|toid Bans, and to !be ex .mined by the President as well us by me two fi usisol Cong-ess* And iliese ire qu< s tons wlcch, when they j ~ ,‘ <e the given ease, are to be considered ! ~s we! i by the Pirs-driit as by >he members of j Co..ir.ess, m obedience m tiieir conscientious e,>nvie'tons ot the force of the Coi.Mitotu.ii I Their judgment of those questions is in now se inechided or excluded by the fact dial die j Snoreme Court leas passed on the g. ..era! an,’-stion of ‘be const.i..'.- fulity of a hank. I O i the conirarv, such judgine.il is dehrredj HIM , inipo*i’ and upon ihem by die very de j o.'sion of the court itself. Such judgment ot; i oe questions bv them, upon their Xtmiscieii- j \. e - j, .he const,UilM.nal means, and die only means, of ascertaining H-e premises, out ol which, when so ascertained, die Supreme Com l is lo draw tfie consequence ol the con ’ Kiimti'u-alhy of 51 b nk. _ I'ne not perceiving,or, perceiving, the neg ! techno to art upon, these plain tru-hs, was the j cause of many errors at the late session ol Congress. THE COLUMBUS TIMES. Ii induced tuemheis, instead of lookmg into atid exiimiiiiog me particular powers m i..e P'oposetl li'C.il agent, ami snowing liieir ne cessity and pr ptieiy as ti.e tssi nitai elements oi lie coiiCiUs.ini til coostiiutionaliiy lit the given case—it induced them, taking lot gianl ed this the very thing to be proved—.l induced them to -xpuid ail their efforts in aigtiing the lalse idea that the question could not and must not he looked into or examined at all. i heir minds dominated by this sophism, and having adopted as the mle ol their own ac tion tie theory ol deregation of reason and st li-siultificaiion which it implies, it is not strange mat they assumed the same rule as applcanie to the Piesident. in refusing ttius to shut his eyes, and in scrutinizing ‘.he true question, that, namely, ! of the necessity and piopnety of each and all 1 of the proposed powers of the bank m the given case, liie Piesident, instead ol acting in I canflict with the decisions of tlie Supreme ■ Goutt, did in fact tread in the very path, and : aim at ihe very mark, which those decisions ! prescribe. But, it is said, the bank question, at (lie present moment, has been decided by the whig patty, and the President ought to have con litimed h inst il to that decision. To which, f it)j.vi re so, it is obvious to reply, that no de termiiiaiion of party can settle a constitution, a I question, or preclude a question of con science. It is farther said that the President ought to approve whatever the party in Congress do. That would he to abolish at once all the constitutional Cm chons and duties ol trie Presi dent of the United States—to rentier him eventually the mere puppet of faction- to transform him into a simple countersigning clei k—and to transfer all the substantive novv ir of the Government into the hands ol Con gress. I Long;, Presiiieht through the votes of a piriv, repiesenteil by a majority in Congress, yet, as Piesident, he, not Congress, is to exe cute that office, and, to liie best ..| ms abili ty, preset vc, protect atid defend the constitu tion. To sav that whatever hdl a majority of Congress passes, iha! the Pr. snh-nt is, regard less of bis own convictions, bound to sign, is to destroy ihe constitution. To say that the voice of a bare rnaj nitv of Congress is, as against ti.e Piesident, the final and conclusive pronuttciatinii of the pnpulai will, is to d’ Stiov the constitution. For the coustitut on ex pressly provides that not a bare majority of the houses, hut a two thirds vote against the President’s objections, and that alone, is | he considered as the autliori'ive declaration of the will of the people. The exeicise of the veto, it is said, is an odious act. If so, the more certain is it that it vvi.l he rarely exercised hv any President, and that when he dots exercise it, fit does so from profound convictions of conscience and overpowering sense of public duty. The President, it is said, lias defeated the wishes of the Wing pat ty in Congress and the country, and, by his mere will, deprived the nation of what it so much needs, to wit, a National Bank. Is it true that the President is responsible solely, or in any reprehensible sense, lor the failure of Congress, at the late session, to estat"- lidt a Bu, k ? To answer the q lest.on let ns look at facts and dales. On the il I of June the Senate called on the Secretary ofihe Treasury n> present to them a plan ol a Bank anil Fiscal Agent, winch he communicated on the 12. h of June. To a similar cali made hy the H niseon the iilsi of June, liie Secieiaiv icplitd in the same way on the 23d of June. In each House tins plan was committed to a Seiect Committee on the Currency. It was known generally, and ii was known particularly to those members of Congress', who by their tX; erience and political position, had the best opportunity and the greatest in ducements to obtain a clear understanding of the lacis in this respect, that the Piesident of the Untied States had stioug and fixed con victions concerning a National Bank; that il was tits anxious wish, so far as his conscien tious opinions would permit, to conform Ins action m tins mailer to the wish of Congress ; that, accordingly, he had reflected much, and counselled with hts constitutional advisers oil the subject; and that, among other conclu sions to which he had arrived, was this : Either uo discounts, or, if discuun s, then assent al the Slates. The Piesident, in considering this great question, looked beyond words, at ideas and \\ hat is a Bank ? It seems to be assumed, in most of the newspaper discussions of the subject, that a Bank is of necessity an insti tution combining, ileposites, discounts, and circulation, or the issue ol fulls me iculale as money. Not so. Nettfier ol three thing.- are, in itself, of the essence of a bank. A bank may be a bankot deposites without diM'oenis or issues, or ol deposites and issues w-ib-mt disco, ill is, or of dtp. is it is and ih-comns w. ui - out issues, or ol tli piMte, discount, and men ial on. Examples of each of these forms “t Bank exist in many countries, and may be loiiuti in our own. The President bad considered these tilings. him me I’mi.tameinal ids a in Ins mind touch ing the proposed fiscal bunk, etth'M no dis counts, or, if discounts, then assent ol the states, rats incorporated in the 171 li article of the 11 tli section of the plan of a fiscal agent communicated to me berate and the House bv the Secretary of the Treasury. ’ tin the -21st ilf June, Mr. Clay of Kentuc ky, irout the select committee ol me Senate, to winch the bill of the Secretary of lire Treasury had been referred, submitted a re port, accompanied by a hill, framed in [tut accoidmg to tiie plan <>t the Secretary, but in the vital matter of the constniiuot.a!question, involved in the 17th article ol the lltli sec tion, differing from tl eStcrciarv of the Trea sury, and pii-imsiug to establish discount oiti ces’ in tiie several States without thru con sent. j In the House of Representatives, Mr. Ser- j g, am, tiom the select committee ol the liou< . i rep -iied a i-ill on die -21 si day of July, sub slantialh. (Ire same as tliat reported bv the committee ol the Senate. This difference between tiie plan of the Secretary and the pan ol the Senate com mittee, became at once, tire gteat question ot the dav. Mr. ltn.es, on the Ist day of July, moved, as an amendment to the Senate bill, to restore, | m this respect, tiie piecase language of the 1 hi! proposed by tiieSecrt.arv ot the l’rea-u ----! rv. Hisam nihiieni was not, ass ems gen erally to Lave been supposed, anew thing,but was tiie provision ol the Secietary, and coil j sisied of his very words, cut fiom the printed j Setaie document, anil watered on a sneet ol (taper, with nothing but the formal words ot i a motion to aiu nd prefixed hi manuscript. The two Senators from Massaclmseiis, Mr. Bates aim Mr. Choate, advodated tt.is ameiul ’ ment, that is, the adoption of the plan of the Secretary in tins respect, in preference to the plan of tiie Seiiaie CominiM.ee. There is every reason to be i vethat if the ■ opiiiiun of Mr Bates arid M Choate Lad |'j been followed, and the ar i ment of Mr. ’ Rives adopted, there woo and now he in exist* “THE UNION OF THE STATES, AND THE SOVEREIGNTY OF THE STATES.” COLUMBUS, GEORGIA, THURSDAY MORNING, OCTOBER 28, 1841. juice anew United States Bank—no dtssohi- I non ol itie Cabinet would have occurred, no : ii.ileietice of opinion between Cotigiess and Hit- Piesident, and no scuisnt in the Whig party. F'>r tlie* opinions expressed by Mr. Bates and Mr. Choate al that time, in the advocacy ot tins amendment, they incurred censure in some quarters. 1 appeal to you, and to the whole people of Massachusetts, the constitu ents of those two Senators, to consider well these facts and to do justice to the wisdom, patriotism, and loresignt of the Senators ol our commonwealth. Was there, in ibis J7 l h article ..f the plan of the Secretary, any thing so objectionable as to preclude its adoption on the part of Con gress ? That t lie re was not, is conclusively proved bv the fact that, when it was ascertained in ‘be Senate lltal the bill could not pass that body without inserting the principle of S ate assent, it was’ inserted. Whatever there was objectionable, in this respect, in the plan ol ti:e be ere t ary, is to be font and in the comprom ise provision, so called, of the Fiscal Bank, as it finally passed the Senate, anil, without any change, in the House. D.d the former plan in volve the difficulty of referring the agitation of ihe Bank question to the pubic forum ol each of the Stales? So also did the latter. Did the former involve an implied surrendet of Federal power? So also did the latter. This was most ably demonstrated in the speeches in the House ma le by Mr Marshal! of Kentucky and Mr Adams of Massaclm se is. In fact, the Compromise provision, so called, was drawn up with such peculiar le licity, as to contain all the evil of both schemes without the bemfiis of either, and to be equal ly obnoxious to the condemnation of both classes of opinion, that of the Federal school as well ai the Stale Rights sehool. When the hank question came into Con gress there were two courses to he pursued, in either of which there tva- a moral certainty that a hank would be obtained, al any rate, ail occasion or pretext for any qnarrt 1 in the Whig party, ot between Congress and the President, preemded. One course would have been for Congress upon its own lights and opinions, to pass just Mich a lull as its members should themselves conceive to he lhe best possible, without de ni.Hiding any plan I tom the Treasury Dc pmtment, as indication of the views of ihe President. Had Hus been done, the return of it by the President with his objections could have been n. cause oi dissention. The other course would have been, if Con giess chose to seek to shape ns action hi advance, in pursuance of the views of the President, then, having ascertained those views, to proceed in accordance with them. Congress saw fit to adopt neither of these courses; that .s, neither passing a hill of its own, nsr accepting one from the President; and hence its taiuie to incorporate a Fiscal Bank. Doubtless, it was perfectly the right of Congtess to putsue the course il did ; but having elected to pursue this course, it should beer its due share of responsibility tor the failure of the Fscal Batik. And that respon sibility ought not to be thrown on the Presi dent wholly. It is distinctly conceded by the late Secreta ry of the Treasury, in bis letter of resignation, that the action ol the President on the late fiscal agitit bill w as conscientious and honest; and this avowal sufficiently connaiiiels Hie idea suggested at the nine in the House ol Representatives, lira l he was to be condi tuned as tor the absence ol -conscientious reasons lur that veto. Tiie President returned that bill to the Senate on Monday, the 16th (fay of August. In anticipation o! dial veto, and cotempo raneously with it, as appears by the letters of trie retiring Secieiaries, members of the VViiig party in Congress contemplated the introduction of the second or Fiscal Corpora tion Bill; and prior to the* meeting ol tiie Ca binet to which they refer, tiie President was called on bv Mr. Berrien of tiie Senate, and Mr. Sergeant and Mr. W. C. Dawson ol the House, they being in fact, a Committee from’ dial portion ol tiie Whig party in Congress which contemplated the initiation of a iiew hank bill, to ascertain the President’s views on this subject. The President being of opinion, as Mr. Madison bad been in a similar case, that it was improper to lake part, in this form, in the initiation o’ a hill, declined lo do so. But in tins wa v, as well as in various others, it be< ante known to tiie President, that the purpose to pass anew bank bill was enter tained by Congress. Hence, it would seem, the consultation of the President with (he members of iiis Cabinet on tnis subject. At this time there was pending in the House, m committee ol the whole, the bill to establish a Fiscal Agent, reported by Mr. Sergeant, on ttie 21st day of July. For the i-H \vhi-.;h the House had passed was the benati hill; the House bill remaining in com mittee of the whole mu acted upon. l)n Thursday, the I9iti of Aug ist. the ob j ctnuts til ihe Piesiilenl to the f’ iscal Agent uni weie considered in die Senate, and Dial bdi was n jt-cied on that day for the want of the icq-mite couslituitonal majority of two t. .11 ds. On Fiiday, the 20 h of August, Mr. Ser geant in the House -f Representatives,moved t.,e House to resolve itself into committee of ilie wtiole on Use state of Die Union; and having at Ins motion, taken up the old pend ing House Bill amended the same by st iking out all alter the enacting words, and inserting in ‘ien thereof, the Fiscal Corporation bill. On Saturday, the 21st of August, the House having again resolved into com mittee of Ilie whoie, and taken up the fiscal bank hill, Mr. Sergeant’s amendment was adopted alter some bouts debate; and thus, without even bavin.; be~n committed to any standing or select commitite of the House, and will) a d.sregard of tiie means and forms I of d-liberate examination most uttex impled, j t;.e Fiscal Corporation bill was forced through the committee of the whole. On Monday, the 23.1 of August, the fi-cal corporation bill, as reported from it e commit tee of the whole, was taken up in the House, and, undi r tne previousqueslion, and without debate passed. In the Senate the bill was referred to a select committee, briefly debated ami on the 3 i day of September, passed that body. It appears by a published letter ol the Se cretary of Stale, addressed by him to the Senators from Massachusetts, on tiie 25th o! A igust, that the President regretted the intro duction of the fi-cal corporation bill in the House; that tie wished the subject might tiavd been postponed lo the regular session ol Congress, to afford time for information and reflection before calling on him to form an opinion on another plan for a Bunk, and to enable him to act without the restraint or embarrassment to which be was, at the pre sent lime, bv collateral tacts subjected ; and for these reasons exr.re-.dng it as his [ihe Se cretarv of S-ate’s] opinion, that it was the <1 i>lv of the Whigs to forbear from press ng it-e Bank bill farther at ti.e present session of Congress. For t'-e same or similar reasons it was felt from the beginning, by many, that the action ot Cm,orev> in the matter ol the Feca Cor poration oil was ill-advised, hasty, Hazardous ol mucnevil, and promising no good” But other counc Is prevailed; the bill was passed tinougli both Houses, submitted to the fresident; and by him returned to llie House, wdii i.is in jections on the 9th day ol Septem ber, and in the House, by a vote according to ihe constitutional lorm ol reconsideration, it was lost. Tliis act of the President has subjected Ui'ii to new allegations of censure iu addition to, and other than, those which followed the first, veto. The President, it fs charged, trifled with one or more of the retiring secretaries. Oi what occurred at Cabinet meetings, the pub lic knows and can know nothing. But, as to the main point, whether he initialed the fiscal corp..ration bill, — This idea is incompatible with the dates and facts above stated, which show that the consiueration of anew bill was forced on the President by members of Congress. Ii is, also, incompatible with the facl, that on Tuesday, the 17ih of August, as it is said by the Secretary of War, the President ex pressed to him doubt as to any bill. Tl ct, 11 the very Cabinet meeting itself, as the S cr tary ol the Treasury declares, the Presiiicni declared “a wish ihat the whole subject should be postponed till the next ses sion of Congress.” That ilj at any moment before the fiscal corporation bill was moved in the House, it was seen by the President, yet, as admitted by the’ Secretary of the Treasury-, it was never seen by the President in his presence, and of course ;t was not before them at the meeting of the Cabinet. It is farther alleged that the fiscal corpora tion bill is, in fact, such an exchange bank as the President, in the first veio, and in con versation W'tb individuals, encouraged Con gress to suppose lie would sanction. In regatd to this the President, it is believed, never lost sight of the fundamental idea on ginallv iu his mind: Either no discounts, or, if discounts, assent of the States-. This appears from the whole tenor of the second veto. Il also appears from the statement of the late Secretary of the Treasury, who himself ascribes to the President the emphatic expres sions: “Don’t name discounts.” Nor could there be any misapprehension on this point, arising from a supposed omis sion to advert to the fact that the exclusion of the discount of promissory notes, inserted in the fiscal corporation hill, was not an abso lute exclusion of discounts. You know very well that there may be discount of a bill of exchange as well as of a promissory note.— Though your banks do sometimes act as the mete coif ctors of bills of exchange, and the medium of obtaining payment of them from the acceptors, without making any discount upon them, yet, on the other h>nd, very much ol the business of your banks consists of the discount of bills of exchange, payable on time, and discounted to the drawer or payer for bis accommodation. And that this fact was present to the minds of gentlemen, and spoken of at the Cab net meeting of the 19 1 li ol Au gust, is expressly stated in the published let ter of the late Secretary of the Navy. Finally, it is said, that whatever may be ihe Ibrce of the reasons assigned hy the Pre sident fur refusing to sanction the Bank bill, yet that, in so doing, lie acted trom motives ofpersi nd ambition, and to injure the Wing party. Bui this is mere gratuious imputa tion, supported by no evidence, contradicted by all the lacis in the case, and more especial ly by this, tuat. in what the President has done, lie has but acted in accordance with the long avowed, well known, and persever ing opinions of his whole life. It would be just as competent, and no more uncharitable, to retort the same imputation upon those who, patrons of the bank question, have yet with headlong haste driven it butt against two vetoes. t believe that his conduct has been con scienti us th:oughout, and, believing tins, deprecate the attempt to array against him the resentments of the Whig party, as being uujust, itiixpedienij and unwise. In aid of this attempt, it has been imputed to the Piesident that, disregarding the course ofihe Whigs, he takes advice from the oppo sition. In support of this imputation, it is beheved that no evidence can be, as none lias been adduced, aud that it is wholly without foundation. All ihe misapprehensions in regard to the motives ol the President in this matter, arise from the denial to the President of the rights of conscientious convictions in regard to a measure, lie should sign it, right or wrong, if party considerations i t commend it. I sub niit to you whether a party valuing itself on religion will adopt the idea that considerations of shifting paitv lactics, regardless of con sciei ce, shall control the actions of the Pre sident. And yet this humiliating idea is the ground work of the injustice done him, so far as lie is concerned. And aii the unintended errors of conduct, on the | art of those Whigs who, by reproach ot the President are hurrying on a quarrel between him and the Whig party, would have been prevented* if in addition to the recognition ol’ his rights of conscience and constitutional judgment in this matter, it had been remembered, by right thinking men, that opinions, though they be a moral fact only, yet constitute a fact, to be dealt with, and considered, and conformed to where they cannot he changed, just as much as unchangeable physical facts. How does it promote the bank interest, for instance, to build up one executive veto after another in its path? Is not that the condition to pre existing diflictifies and of new difficulties cre ated hy ourselves? If the Whig party allow itself to fall off into tins warfare against the President, under the influence of the causes alledged f r the war fare. it will be to commit si) cide, in order to avoid danger of, at some future tune, dying a nat uni death* When the ship of State encounters adverse winds, and cannot on the instant make her i destined port, is it the part of men of sense to jump overboard ami drown themselves? Wnl the Whig party, in s > doing, be in the discharge of its duty to the country or U> it self ? Is resentment again?* the President P>r not having signed the hank h i, or resentment in behall of his retiring secretaries because of any difference between them and him, a good and sufficient motive lor political action? It’ there be any sense or degree whatever in which such resentment is a good motive tor a patriotic man to act upon, does not the gratification of it by the Whig party to its own self-destruction seem to be pushing it rather too far ? Supposing it to be just all that the Whigs have reproached the Democrats with, ought the wliigs, as a question of ethics and patriot ism, so to conduct, uuder the influence of transitory causes and personal passion, as in des , roying their own power, to destroy the ascendancy and the means of usefulness ot their principles) I say nothing in this discussion of the ques tion whether the yvh : g party shall quarrel with the President or not, of the particular fact that several of his late Secretaries have, [NUMBER 33. lor various and not concurring reasons, re signed their places, except ti is : 1 hat the retirement ot Secretaries is a common fact which has happened under other Ac ministrations, and, however important as a personal question io ihe parties concerned, is ot no permanent consequence to the peonle, provided they have wise, good, and tit suc cessors in office; J hat the President has, in this instance, selected such successors ; And that, while those gentlemen have re tired, yet the Secretary ot State, in whose pa triotism and ability you have more immediate cause to confide, has dec ared that i.e knows j no sufficient cause for such separation, and ; continues to cooperate cordially with the I t lesident in the discharge of the duties of that! station which he tiils with so much honor to .iimself and advantage to tiie country. It would be an act of latuity for ihe Whig paity to think ol breaking Imm the President, thus to break itsell up, because of any ot these changes in the personal organization oi the Cabinet. I sincerely trust, therefore, that conceding foihe Pres dent the same rights of conscience that you claim for yourselves, and applying v\ ell-balanced minus to the calm consideration ot ah the iacts, listening to no suggestions of factious violence, you will continue to yield m the Administration a frank and'eandid sup port. However that may-be, it remains only for me to say tnat, in none of the events which have transpired, is it possible for rue io see good reason lor a radical revolutionary change of the Constitution of the United Slates. No evil exists, it seems to me, which calls for revolutionaiy remedies. et an address has gone forth from a por tion of the members ot Congress purporting to be the unanimous act ol a meeting of the Whigs ol Congress, which, besides arraigning the President on various allegations of fact and surmises not fact, recommends such radi cal changes of the Constitution. I he expression “the Wings,” would be generally understood to mean all the Whigs. What members constituted the caucus which issued this document dues not appear. So far as the journals of the House afford any meat sos knowledge, it would seem that, at ihe time when that address purports to have been adopted, it being the last duy of the ses sion, after all its legislative business was completed, less than half of the Whig mem bers of Congress were in Washington; and it is known of many members present in the city, that they had no part in its adoption. J, at any rate, had none. 1 protest against the act itself, the meas ures it proposes, and the opinions it promul gates. The act itsolf seems to me to have been wholly unwise as a party movement. Our wounds needed to be soothed by emollients, not inflamed by irritants. In a constitutional sense it seems to me still more unwise, when coupled with its matter. It proposes the organization of anew party, having for its main object sundry vast chang es in the constitution of the federal govern ment. To attempt to organize a party in pursuit of various and great changes of the constitution, at this time, is to waste one’s liie in the chase of hubbies; for there is no existing fact to impel the people to make such cl ages, and t lie re fore they will not be made. 1 hose changes, if effected, would concen trate the chief powers of government in the hands of that, ot which this document itself i> an emanation* namely, a caucus dictatorship ot Congress. 1 he veto power has been stigmatized ns a one man power. By the fat Iters of the repub lic it was established, and by the best ex pounders of the constitution it lias been con stantly defended, as a needful che< k on not only unconstitutional or usurping acts of the two houses ot Congress, but in general on aii irupro; er legislation, whether improper by iti tnne c defects of whatever sort, or by attend ant haste or faction. And tl there be any descriptions of bil ! which, more than any other, requires mature consideration,and when apparently unconsti tutional, justifies the interposition of the sus pension power of die President, surely it is one which proposes to trust to a private corpo ration jurisdiction over the currency by an act irrepealable. If to clear the way for a bank, or for any other object, this suspensive power of tin President over b 11s, th s one-man power, is to be struck from the constitution, why not go to the root of the matter at once, and strike from the constitution other parts of the one man power, which are at present among the the functions of the Executive J In tact, it is proposed in that document to do this; for example, to give to Congress juris diction over removals from office and adminis tration of the Treasury. Do tins, —take away the veto, s as to leave the power of congress unchecked, that is ab solute, lor al 1 iilerty exists by means ot checks on despotism,—abandon to it not only the law-making power, but the appointing power and the money power,—and where sand then the liberties ot the People of the United States I Nominally in the handsel Congress, really in those ot an unchecked at and untempered f arty majority of Congress;— nominally in tiie hands prescribed hy the con stitution, really ra those of a heated and des potic pany caucus; nominally in the’rcspon silde hands of the Senate and House, really in the irresponsib'e ones of someone man behind the scenes, wielding the Government ilir uch Congress and Congress through the caucus I want no such Government, The and irk shadow of its threatened coming is enough for me. Save the country front the despo.ism >1 Congress on the one hand, as wel as from that of the Executive on the other, hy contin uing to each the partition of powers as the constitution provides. \\ lien and how did the scheme of an Exec utive Congress come to be the platform of the Whigs ? ‘I hese new articles of the party seem to me to resemble the codicils to the will of Cae sar which Mark Anthony was continual v finding, or the additional chapters of pretend ed revelation which Mahomet was accustomed to produce, expedients to rneetthe emergency of the hour. The English Commonwealth tried the ex periment of government hv legislative assem blies, bal-need by no Executive check, and was glad enough to escape from it into the arms of the Didder despotism ot Oliver Crom well. The French Republic tried it, and after finding that its operation was to enable one party chief after another, backed by clubs and caucuses, to exercise, irresponsible to law. such a bloody tyranny as the world never saw before, was content to welcome instead the enthronement of Napoleon Bonaparte. Mr. Friends, let us devoutly thank God for the happier Government he has given to us, and discarding all these perilous novelties, the hot-bed growth of temporary party passions, springing up gourd-like in a night to wilt and i perish in the first sun—repudiating these new fangled whimsies, let us cling with fond affection to the constitution whose foundations ’ were cemented bv the blood of ottp fathers, and ’■ ■“ * r "llhy of fortune, nas proved to bo the ark of salvation to our blessed Union. „„ , C. CUSHING. W dslungton, 27th Sept. 1841. UASai OF McL.fc.OD. Correspondence between Mr. Roc-Luck and Colonel Napier. rhe following correspondence took place in consequence oi Col. Napier having asked Mr. ivoebui k it the newspapers had not misrepre setned the iatters observations in the House, u[a>n t.ie conduct of the American Govern ment in relation to McLeod : Lon don . Angus’, 27.1841. My dear Napier—No! the reporters are quite accurate this time, but you do t ot, I think atieod to the words used : “ The Amer ican Government.” The acts of the Ameri can Executive have been perfecily in rule, and though the Cabinet of Mr. Tyler has chosen to adopt a course totally opposed to that ot Mr. V an Buren, there can no fault be found by our Government of either. Let me state the lads— y*u always bearing in mind that ihe American constitution has separated . the judiciary entirely from, and made it inde pendent ot, even the Congress itself. i he (. arolme was burnt in the American i territory . lam not now going into the ques tion whether this was a gross outrage on the law ol nations or not. I think it was ; but that point is not needed for my argument. 1 lie American Government complains of this i. • us, and gets no answer either avowing or disavowing the responsibility of that act. In the meantime McLeod is arrested, and when Mr. Fox apphe- for his release, and Mr. For s\ tli says that be has no power to release him, u lnc h was true, and that he had no official notice that the government of England had avowed i.itd taken upon itself the responsibili ty of the act. This neglect to answer such a demand on the part ot the United States Government justifies this answer —non constat, that Alc i Leod did act under Ins superior officer, by bis commands, and w.th the sanction old lie crown. The British government at length f* nua'ly took upon itselt the responsibility of the at tack on the Caroline, and then the American Government (changed in the interval, howev er,) has formally acknowledged the principle of international Jaw laid down by the British Government respecting the commands of the superior officer and the sanction of the Gov ernment being a complete proection for all the individuals employed in the destruction of the Caroline. And the Umted States govern ment is now proceeding by the mode which their laws prescr.be to the release of McLeod. But there begins the difficult part of the case, and all my questions te.atjng to it have been shirked by Lord Palmerston, and the affair will by and by come upon the English people with the effect of a cl ;p of thunder, for in mv heart I believe the American Executive are wholly unable, either pby.- icaily or legally, io release McLeod, and my reason tor so be l.eving is tins—McLeod is at present in the custody of the Courts of tire Sate of New Vork. lie will be tried by them, and bis pardon and release wili depend, not on the Executive of the United States but ot New York. ►Suppose McLeod convicted. The next step will be to move one of the Federal courts for a mandamus to the S;ate Court, to send the whole proceedings by way of appeal to the Appellate Court of the United States. Now then begins the fight. The two great parties in America have on this very ground fought all their great party fights. The de mocratic party, with Jefferson, Madison, and Monroe, and others at their head, have strenu ously contended for the exclusive power of the separate States, and, especially in criminal cases, lor the exclusive jurisdiction of the State Courts. In a great cause in Virginia, a case occurred wherein the Federal Courts claimed jurisdiction; the Virginia Courts re fused obedience to the commands of the Fede ral Corn's, and toe matter was very near coming to the arbitrament of blows, but Mr. Justice Marshall got rid of the case by a side wind, and the ma ter dropped, the decision of t.ie State Court, however, being affirmed. •Suppose, then, the Stal- Court reluses to obey the mandamus to remove the cause. What is to be done in that case ? Ihe Executive must ask ilie Congress to take that matter in hind, and Congress, I fear, is not very likely t. adop r the principle la e'y avowed by Mr. Webster, ihe authority oi the great demo cratic leaders is still immense and on this question of the exclusive jurisdiction of the fcj.ate Courts, the teelings of the democratic party are exceedingly excitable. Still the Ex ecutive, you ses, in this case would be power , less, and Lord Palmerston was very careful not to answer my question, “ whether tlie Uni ted States Government had declared itself willing and able to guarantee the safety and liberation ot McLe< and ] ” But suppose that the State Court obeys the Federal Court, and that the case is remov and ; what if the Appellate Court affirms the judg ment of tiie fS ate Court—can the American Executive, in this case, guarantee the safety ol Mr. .Mcl*eud ? No; certainly not. Our law authorities pay, that the mere trial ot McLeod afier the acknowledgment on the part of the American Executive, is an offence against the law of nations ; and they complain “I she peculiarity o: the Amer can consti utioii wh.ch does not give the executive pi wer im mediately io re.en-e him; aid they say that a r the t'i n.ity of na ons, for h ■ peace ot the c.viltzed world, it is necessary that such a pow er should be in the hands of the American Government. On the other hand, the great law authorities of the United States deny the doctrine admitted by the President. They say, that there are cases of outrage against law and morality, wh ch the sanction of no Government can justi.y, and this is one of them. You do not, tor example, hang prison ers of war, but you hang a spy; and rn, protec tion or sanction on the part of a Government is ab:e to s ■e a spy. fSo when two nations are at peace a murder cannot he justified. Suppose England to send a secret agent to New York, giving him directions secretly to tire the town, lie is caught and produces his authority. In this case ought any avowal or sanction on the part of our Government to save him ? They say not; and I confess I am much of their opinion. The reason ol my mentioning this, is to show you why I think here is great reason to be apprehensive of the result. I see no way for the American executive to get out ot the difficulty if the judiciary go against ‘hem, and l see great rea son to believe hat the judiciary will deem the ac o. i.i li.ig Durfee one tha cannot be justi fied, arui that the party killing cannot be pro tected bv any commands or sanction, of our j Government. But to return to my first posi > tiOll. file American Executive is in no way to uiaine. If any censure is to fall on any thmor ur person, it ought to be on the omission, now >r the first time discovered, in the American Const! utioi;. ‘I lie complication of the great question of international law, respecting ilie protection that may be afforded to a suffieet u.v the commands ot his sovereign, through ne perplexing difficulties arising out of the peculiarities ot the American Constitution, is a serious ev.l; one which our countrymen do not apprecia e, and about which they are too apt to speak wnh all the arrogance which g nmance always produces. The settlement ot tiie relative powers of the State Govern m n sand tuatot the United States has been, uni ever will be, the most difficult task for the tr.tesmen ot America. The difficulty met hem at the outset of their existence as a na tion, a.id the wonder Ins ever been how it was possible for Washington and the men who acted With him, so far to conciliate the jarring interests and feelings of separate States, in 1783-84, as to produce so extraor dinary, so wonder ul a coinproi; i;Se , 8 *l * present Constjtt<t !on 0 f Made at 1 n~e—made to suit many prejudeeeand mav