Daily chronicle & sentinel. (Augusta, Ga.) 1837-1876, April 28, 1840, Image 2

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I : i CHROMCLfc AMi 6KV INKI,. AKiI’STA. TUESDAY MORNING API, L 23. mail north of Charlestorj, I»,-t night. J Harrison and Tyler 3leei n Have been held or called in the fei owing coun ties: Monroe, Bibb, Muscogee, i ? 11 d, Henry* Jasper, Jones, Houston, and Oglethj* Those which have been held in: hbb, Musco gee. Tatnal and Oglethorpe are i pUscnled ns j very large. anr. unanimous in tin if; suppa.t of Harrison and Ty ler. j (Heaniogs of .lii-tianf ry. The first number of this work, fedited by Dr. Holbrook of this city, was placed |n our table some days ago. It is highly cred table bo'h in matter and appearance, an I may be eganled very low at the subscription price, whicp i's one dollar per year, i Th: Augu-ta Mirro >| Is out with a prospectus for its t; ;rjl volume in which the editor informs the puljlcjihal he de signs to enlarge his paper and cojji*jitie with its literary character, the news of the* i|ay. It will no doubt add much lo the interest of the paper, ami we hope it may not be unp )l|i table to the editor. The subscription price foi i|he enlarged volume will be five dollars. t i Judge Tittle, of 51. C. who wa| a- member of Congress from N. Carolina in 18” and a con stant associate ot Gen. Harrison, sr.* s<: i he night betore the question came before thi House to ad mit Missouri without restriction, J-fi. Harrison remarked to him, “ / have often i; sked my ift in the field in defence of my conn] -y, and Is'/all to-morrow risk my political /ft \< iif.vor of the U'i : on ofth States.” On them* tjday he voted with the South, and the consequ n-c - was as he predicted. He lost, for the first I uje, his popu larity, and was beaten for Cnngre* ;.j i _j Soda Water. ! j In this age of refinement, wit will not cen sure the use of S >da, which lj grown into such general use, and is so grealfij to the taste in a warm .day. We will however re lijrk.that if its use be deleterious, that prepared I- ' [Mr. Sterling* nearly opposite the P*>st Oifice. is: ti-'ie more rep rehensible because of the exquisite manner in which be serves at to his Custom*f|«i The RichmmJ Compiler s ivs.’r !B. W. Mal lary w is examined before the Mi Jr or yesterday, on t!ie charge implicating him ii !he fraud by which funds of the Bank of Vii ii| a were em bezzled, and acquitted. Many njmesscs gave evidence in the ease. Counsel nl the defence Messrs. B. W. Leigh, J ones Ly i;-s, and Robt. G.Sco t, for the prosecution none. | Fire, i The Charleston Courier of ye.- .efday says : “ About h sis past one o’clock thi.-i nj irning, a tire , broke out in the Grocery score , :qupied by Mr. Wit übim Never, and owned by Jvlsr. Alexander .Ba lund, i;i State street, which, with a small wooden building, adjoining the ■ of Mr. David B. Lifar, to th ■ North, ain.laibrick kitchen in the rear, were totally destroy*®.i A number of engines having promptly repafeU l *he spot* the further progiess of the fl lines wms effectually prevented. We were unable to a 3ijTt! . now the fire originated. j We understand the property destroyed was covered by insurance. For the Chronicle -Se> tikel. It is mu h to bo regretted, th >• ,rj a common fy li tc this a sectional spirit slioult he hr »ughl into political contests. But moo ra = ; *l»e forced into measures, which they would gs; \\y avoid. The northern men of Augusta. g» ujrally, (as no i.l i J v names are designated.) are de s oijmced by the lea ler of the Administration pat /{here, in -erms too plain lo be misunderstood,. ujid too gross to be home. Because we will not -ilpport the God of his idolatry for the office, w| many of us j conceive, he now disgraces, age- iH a veteran sol dier. and an honest man, it is ] iljliciy proclaim” cd, e\en from the house-tops, ll itj “ there are in Augusta, one hundred northern njen, who were prose it at the meeting on The spay last, who w >uld vote for Arthur i'appan,; vpre he a candi date for the Presidential chair Againct Marlin \an Boren.” Gen. Glascock if tends lo “write this sentence on the wall,” at \ k meeting of nis party on Saturday next, or. ■ fjhe dies before that lirae, to -leave it in his w.'ili.” We are much-indebted to his go id opi ilm—unders and the inference he would have d? u|m from his as sertion—and shall remember hi i|jiid his myrmi dons accordingly, when wet- n|e to the ballot bix next tall. He and some: ifj his party have tri 'd, in former days. to “co.| ; jihe Yankees,” with some sue ess. He will, 4 e|irust, find it a less profitable business to kick 4m. A Nr C(*eux Mas. From the Buffalo Journo. April 18. D:;sniLCTMiv or Bhocic’s .V >j cmkxt.—Eve ry tourist wdl remember R cjt’s Monu nent, which crowns the heights e. ■hjueerston, and added so much l > the pictured uh beauty of the landscape. Yesterday nvorurp ; jrlinut 4 o’clock, the inhabitants of Lewiston it id Q leenston were ar »used by a repot like hju of |..e heavj. est artillery. On looking out, i-column of unoKe was se«*o slowly ascending fro ah he tall monu ment and as k drifted away, i! 'jibelisk like tow <*r wis discovered to be rein a id sintered f.om “turret to foundation stones. \ VV ; hat possible moitve could have imluccd ttri jvorse than V’ao dal outrage, we are at a Joss oliinmagine. No | man was more universally jsbeeted on both sides the line that General 8 Brock.— Brave, courteous and humane o?a degree that re minded one of A pr uxchevu! sos former times, he commanded the esc, m of liMtount.v’s cm ni es even in the time of w , , n | hul'l. s life be n spare.! m l he co oinoed n‘ coin.namj , the escotclieon ot England w ud.l not „ i)w t> , s ’ Mn . cd by the ruthless atrocities 4rp,-t,- ate p ;, x , JOr forces and eivigr allies, io th; mpaijns of 13 and’ 14 A* -Ugh? but th- m Ijivanton and fien dish malignity could hare irqmptcd any one thus sacrilegiously to diaiurl jire of the fiallanl and UuaoieJ ilead- S \ Speech of 31 r. llahershara of Georgia, on ! the Treasury Note Bill. Hocse of Ruph ksextativK3, March 24,1810. The bill RU’boneing the issue of five millions ofdolbts in Treasury neles being under cuns.- deration in Committee of the Whole, .\;r, Haber sham, of Georgia, offered the following amend ! menl t<itbe second section : “ Wliich notes so to be issued sha‘l be negotia : ble only by social end .ixchkmil by and to each j person through whose hands (hey may pass. >u:>- ! jecl to the same* lulcs and restricli ms as in land i bills of exchange payable to order, but without the liability of the endorser.” j Which hiving been read, Mr. Habersham ad i dcessed the committee in -support ot the amend i ment as follows : | Mr. «'hairman : I have been induced to offer | this amendment t > the lull because the honoralde rhairm in of the t'ommitlee of Ways atid Means has stated thatthe Treasury notes which by this bill thfl Government is atilliorized to issue are not ; intended to err ilale money. lam lurliver in duce! to off-r this amendment, in coiisequencc <4 | some r maiks which my eloquent IrienJ an i col | league (Mr. Nts‘>et) has tins evening made, in the course of which he has said that, according to i what he supposed was the forest construction m the act of 1837. of whLh this bill is but a contin uation, these notes were made negotiable only by assignment thereon from the payee and from a.I subsequent holders; and that thereby their cir culation «a money would l»e restrained •; although be admitted tiiat the act of 1837 would bear a different construction. My colleague admitted at the same time and this seems to have been gen erally conceded by those who have engaged in this debate, that t.'ongress has no Constitutional power to '’emit bills of credit.” Such is my re spect for the judgment and purity of purpose ot my colleague, that it is with great reluctance I ever differ with him ; and I am happy 10-find now that the only difference between us ie, that I he lieve that Treasury notes, issued Ui the form pre scribed by the act of 1837, are bdls of c edit, and will circulate as money, notwithstanding they are payable to order, and must be endorsed by the ; pavee; while he is of opinion that they arc not bills of credit, and will not circulate as nion-y. because, by his construction of the act. these notes i are made negotiable only by assignment thereon | by the payee and by all subsequent holders, and i thereby their circulation a= money would be re strain'd, thmgh he admits that this provision «f the act would (tear a different construction. The difference between us. then is simply a difference in the construction of a single provision of the act. adntotted by him to be of doubtlul construc tion. Now. if the doubt which he admits lo ex ist can be removed, and all the declared objects ot the hill he at the same time attained,-so that while these notes mav be used as p emissary notes hy the Government, in satisfaction of d mands against it. or as pledges on which to raise loans, without assuming the character of paper m ney, or of beingcircul tied as such, it is certainly most desirable that such alteration and provision shall be made a-will remove all doubts of the constitu tionality of tin; inea-m e. If is with th*« view I have off-red the amendment, which, 4f adopted, will, in my opinion, remove the doubt, and obvi ate ?be objection, ft proposes tha f the notes lo be issued shall oulv pass by special endorsement. I which, while it will preclude the idea of their-cir culating as money, and give them the ch irnoter of mere promissory notes or inland hills will en able the Government to use them to discharge -its immediate obligations, or us pledges on w ich to borrow money. Now, if the object really is to use these trues merely as means to raise money, and not to put them in circulation as paper mon ey. I think the chairman ot the committee cannot, or rather ought it at. to hesitate lo re.m >ve all cen stitu tonal d mht. by accepting the amendment. In that event, and if the amendment be made, I j can. and will wkh great pleasure, vote for the ! b II; becau-e 1 believe that the G ivernment real ly needs the amount a-ked for, and I am disposed to grant it, if [ can do so in a shape which J be lieve to be constitutional. lam unwilling to re sort to a loan on the issue of stock certificates, because tint will not only require the establish ment of transfer offices, but will operate to (kmen again up >n the country a national debt of perma nent character, redeemable at long pe iods—an evil which 1 am most anxious to avoid. Inde pendently however, of these reasons for a prefer ence of Treasury notes in the form I propose over an issue of stock certificate c there is another r *a son which, in the present stale « f the curren y ami of exchanges, ileserves a grave consideration, i It is. that Treasury notes transferable by special ! endorsement will afford both a conv'<«ient and j | safe medium of exchange, and will, in-tbat mole, I ; a lit to the circulation of the country, as ) bills of exchange, without assuming the distinct- j ive rh irvter ol piper monev ; while slot’ll, from ] the dificulties and delays in the firms and modes ' of transfer, w I! contribute but in a very Hunted degree to so desirable an object, and would be Ji- I able to the sara * fluctuations in value. 'The 1 Treasury notes in such case, would in fact he j only a new form of stock on which to obtain a : I >an more convenient lo the stockholder, because 1 transferable with more facility, and yeGwith a te goiiation sufficiency restrained to prevent them | from circu ating as paper money or bills of credit, j in the sense at ached to those w -rds as used in i the Constitution. If then, those who represent 1 the Government are really sincere lo this matte-, and do not intend these notes to circulate as pa per monev. why not adopt the amendment I have proposed 1 If they do not intend them to enter into the circulation as money, why not i npede the circulation to the extent proposed hy me ? If they do not intend to emit them as hills ol credit, i and to use and circulate them as paper money, | why not say so at once, openly and aho .e-board, j and that this violation of the Constitution is jus tified by the necessity of the case; that money I cannot he raised constitutionally hy borrowing it i on the credit of the Government, and that, there ! fore, they must make in mey to meet the <»x-igeu j cy, though without the constitutional power to I do so I Now. why not co ne out boldly* and s:i y so, and prove tons that the money cannot he got in the constitutional mode, hy borrowing in time to meet the exigencies of the case 1 I s ly, why not do ibis! The answer is obvious; because they know that in the m -de I propose, the money can he bor owed immediately; or. even if it could not, the Treasury notes, in the form I propose, would answer for the immediate exigency. 'The truth is, they are unwilling to call things by their right na ues; unwilling to call it a loan, because the idea of a loan, a debt, would not be palatable o ! Die People. But call it by what name they will, give it what shape they may. it is sli 1 a loan ; it is still a national debt of five millions, and the I promises of the (Jovernment are out to pay that ; amount at some future day. The necessity dues | not ex ist. If it did, this would he a I iw, uecessa | ry and proper to carry into effect a g-uoted pow er, and its constitutionality would he put on that j ground. 'The necessity does not exist, s i tor as 1 even to ju tify the exercise of a doubtful power, i ’The money can be borrowed, and borrowed at I once. When that necessity does exist; when ( as in case of war. an<l after lire power to uorrow is pxhausterl. because there are none able or will ing to lend; when it l*ecomes nece-siry for the safety of the country to exercise a doubtful pow er, or even t-> violate the Constitution by issuing Treasury notes p ivablf to hea-er, to circulate as monev. I will then he willing, and not i ll then, to emit bills of eredir. or continental money, or any thing else, which will serve the purposes oi Government and w ! l j stkv my vote on the ue cessity of the case, and on the principle ot It-mv fence. which with nations, as with iudivtdu ds, overleaps all laws and all constitutions. But I j do not bedev« that such extreme necessity doss 1 1 now exist, and therefore, in the present shape of thebili.und without the amendment I propose, I cannot vote for it. I have sai l (lint the difference between my col league, (Mr. Nt-bet ) tbe Chairman «>f thv Com miitec of Ways ami iMeans, (Mr. Jones) ami iny scll is this; They say that the notes proposed by I t.bis bill are n<>t - bills of credit.” as that tetm is used in the Constitu ion. I say that ihcy are. We all ag re that Congress has no power to emit j bills ofciedit. It has already been made toap j pear by my honorable friend and colleague. (Air. I King,) in bis able argument on this question, by j the testimony of Mr. Mad is ■« that. lire Conven ! lion, bv a vote of nine Suites to two, relusrd to cram this p-'wer ; and the eh quent gentleman from Pennsvlv-.m a (Mr. Biddle) has rested his argument on even a broader basis, for he shows j that the word; which were stricken out by the i Conv ntion were, ‘-That Congress shall have I power to emit hill-- on the credit of the United j States.” lie is n-> doubt correct; but I deem it j to he unnecessary for the purposes of the liga ment to use other words thru those which have been used by ray co.leagues. I am content to take the words to be as they are in that section .of the t'onstiiuli m which prohibits the States to emit pills of credit. lam content to lay aside al together the authority of the Madison Papers, to lay aside altogether the fact that this power was refused to the Federal Govern nent by the Con vention, I am willing to rest tne question on the C institution as we have received it ; to re.-d it singly on the inquiry. In wh it part of the Constitution d » you find the nower granted to •‘emit bills of credit ?’’ Nowhere. In tilts, all. I believe, agre • The naked q i stion then pre sents itself. Is the issue of Treasury notes, in the form and manner designated by the act of 18 >7, ‘to emit bills of credit ?” If so, this act is un constitutional; if not. then it is constitutional. What was meant by the words -Mo emit bills of credit.” as used in the Constitution? In reply to this inquiry. I cannot belter begin my answer than by adopting the language of Mr. Justice Johnson, in the case commonly known as the Missouri case, decided by the C< urt of the United States in the year IS3O, and reported in 4t.h Peters. “It is only by resorting to the nomenclature of the dav of the Constitution that we can hope to get at the idea which the framers of the Con stitution attached to the words-emit hills of cred it.’ The whole history and legislation of the lirne prove that, ‘by bills of credit,’ the framers of the Constbution meant paper money, with refer ence to that specie?- of paper money which had ’ been used in the States from the commencement of the centu» v down to the time when it ceased to pass.before reduced to its innate worthlessness.” To what source of more purity or accuracy rati we resort for the ascertainment of this history than to the decision of the Supreme Court, in the same case, pronounced by Chief Justice Mars' all ? “We learn (he says) from Hutchinson’s His tory of Massachusetts that bills of credit were issued for the first time in that colony, in 1630. An army returning nnexp-cted from in expedi tion against Canada, found the Government totally unprepared to meet their claims. Bills of j credit were resorted to for re irf from this ernbir- I rassnrent. They do not appear to have been nv.de a fender, but th K y wre not, on that account, less bills of credit.” “Pat er money was also issued in other colonies, both in the North and South ; and. whether made a tender or not. was productive of evils in proportion to the quantity emitted. In the war which corn neneed in Amer ica iu 1755 Virginia issued paper m m v at several successive sessions under the nppeilat'nn <*f Treasury notes. This was mace a lender. I Emissions were afterwards made in 176'1. in 1771. and in 1773. These were not mode a tender. but they circulated together —were eyti'il y h Us of credit —and were productive of the same effects. In 1775. a considerable emission was made for the purposes of war. The bills were declared to he current, but were not in idea ten der. In 1776.au add.tion d emission was made, and the 1 ills were de dared In he a tender. The hill-of 1775 and 1776 circulated together—were eqnaVv b 11s of credit—and were productive of the same consequences. Congress is-u-ai l> 11-of credit to a large amount, and did not. perhaps could not. make them a legal tender. This power resided in the Stares. In May. 1777, Vir ginia passed an art making the lulls of credit issued hy f’ongressa legal t nder so far as to extinguish credit. In ! 781. Virginia made all the h 11s of credit wh ch had been issued bv Con gress. and all which h.sl been issued by herself. I a legal tender in payment of debts. Tel they were in every retire of the word, bills of credit I prev ails to rbaf time, and were productive of all J the consequences of paper money.” j Such is the concise history of bills of cred.t in ' this country prior to the adoption of the Consti tution These hills of credit, when issued hy •Congress, are hotter known by the name of Con tinental money. L t ns hear again what the Chief Justice says in the same ease on the same subject ; “ During the war of our Revolution we wee driven to the expedient of emitting hills of cre slit. and necessity compelled us to use them to a considerable extent. The term has acquired an appropriate meaning ; and bills of credit signi fy a paper medium intended to circulate between (individuals, and between Government and indi viduals, for tire ordinary purposes of society. Such a medium has been always liable to consid erable fluctuations. Its value is continually chan ging, and those changes, often great and sudden, , expo-e individuals to immense losses, are the sources of ruinous speculations, and d'strov all I confidence between man and man. To cut up [ the rtf SC hi fby the roots—a mischief which I was fit through the United Spates, and which ! deeply uffee'ni the interest and prosperity of all, I the People declared in the Constitu ion that no 1 S ate should emit hills of credit. If the prohibi | tion means any thing—if 'he words are not emp tv siunds—it must comprehend ihe <mi s ; n of any paper medium by a Slate Government, forth purpose of common c '-dilation. The People had experienced, sadly experien c*d. (he m mstrous evils of such e n ssi > is.— Thousands of individuals had been ruined, and all ha 1 suffered, more or less, hy the rapid depre ciation and ultimate worthlessness of such a me dium, The paper, whether issued by Congress or by the Slates, had alike become utterly value neicss. It was to prevent these evils in future that, by the Constitution, the States wo.e prohib ited from emitting bills of credit. Ir was unne cessary to ex end the prohibition to Congress, for Congress con d not possess the power unless by express grant. Now, if the Convention refused to Congress the power to “emit bills of credit,” or h Ils on the credit of the United Slates 1 would say. in the language of the t hies Justice. “I it m'>ans any tiling, it must comprehend he d ni.il of the power to Congress to emit any paper me dium like th t of the Continental money, for the purpose of comm m circulation.” Again, in the same ease. Jnkge Marshall a«ks: “ What is the character of the certificates issued hy the authority of the aetof Missouri under con sidera'ion? What office are they to perform ? Certificates, signed by the auditor and treasurer of the Slate, are to be issued by those officers, in amounts not exceeding ten dollars, nor 1 sv than fifty cents. The paper purports on its fa.-e to be receivable at the Treasmy. or at any bn*n offi-re n the State of Missouri, in discharge of faxes or debts due to the I ; aUo pledges the f'i f/t and fu-ds of the Slate for their redemption,” Again he c y>: “ Had they been termed ‘ billsof ejeeh"?;’ ins.rad of eertifi -ates nothing would have been wanting to bring them within the te ms of the Const it u j tion. And can this make ony real difference?— > Is the proposition to be maintained, that the Con- stitution meant to prohibit names and not things? f That a very important act, b g with g eat and j ru nous m sch ts. which is expressly forbidden ; by w»r Is m »st appropriate f»r its description, j i,ay be pe formed by the su istitution of a name? | That the Constitution, in one of us nio.-t imior- j taut provisions, may by openly evad 'd by giving a new name to an old thing? We cannot think so. We think the eertilijat.es issued under the authority of tuis act are as entirely bills of credit as if they had be n so denominated in the act itself.” Such are the 'lews of the Supreme Court as delivered and sanctioned by Chief Justice M ar shall. Before I proceed In comment upon them, and to apply them to the h 11 before the cotnmn t tee for the emission of Treasury notes, I will ' ! t ouble the comm ttee with a reference to the ! opinion of the -'upreme Court in the case com riionly k town as the Keniu ky case decided as late as the year 1837, and to be found in I I lit Peters. In that case the opinion of the Court was delivered by .Mr. Justice McL an, and 1 now quote from that opinion : •• It would be diffi ult to classify the bills of credit which were issued in the early history ot this country. In some cases they were payable w th ini rest, in others w ilimit interest. Funds arising from certain sources of taxation were pledged for their redemption in some instances, in oiliers they were issued without such pledge. They were sometimes nrtde a legal tender, at others not. In s imo instances a refusal to re ceive them operated as a discharge of the debt, in others a postponement of it. They were some times p ivaple on leman 1, at other time; at some future period. At all times they were receivable in pavin'nt of taxes, and of debts de to the Public, perhaps, in some insl -nces. where they had become so depreciated as to be of little or no value.” After commenting on the definition of the Su preme Court in the Missouri case, to which 1 have already referred, the Court says: ••The definition which does include all classes of bills of credit, emit red by the Colonies or Stales, is a paper issued by the sovereign power, co daining a pledge of its Ju/th and disign d to d' c ilate as money. To ".onstitute a bill of credit within ll e Const tufion, it rnu-t ne issu'd hi/ a State, on the faith of th- State, and as de signed to circulate as money. It must be a paper which circulates on th° credit of the State, and is so received and used in the ordinary business of life.” The direct queaton bes >re the Supreme Coart in this ease was whether the notes ot the Hank of Kentucky were hills of credit within the meaning of the words “ bills of credit” in the Constitu tion : “ The notes contained no pledge of the faith of the Slate in any form. They purport t> have been issued on the credit of i.ie funds of the bank, and must have been so received by the com munity. These funds were in part only derived from the Slate, In making loans the bank was required to take good securities; and there con stituted a fund to which the holders of ’he notes could look for payment, ami which c mld be made l.gut/y re ponsib/e In this respect the notes were essenti Vv dff rent from any class of fits of credit which are bei wed to h re been issuedT “ B ts,” again savs tlit* Court, •• There is another qaal ty which distinguishes these notes from the hills of credit. E>' ry h Ider if them could not nnh/ look tn the find of the bank for payment, hut he hud >n his pmvrthe m ans of enforcing ; it. Tie bank con dbe sued." 0 i I here two ground, then that there teas an ! a'*ua! existing find pledged for the redemption •f the e notes an I that this fund could in* made liable, by suit, tor t re:r redemption, the Supreme • ’ourt decided that these notes were constitulion -1 allv issued and were not within the constitution al meaning of the words •• bills of credit.” Mr. Ju slice Thompson, in concurring with j the opinion of thel'on t. says: “ The two great infirmit es which attended the bills of credit which ctreulaled as money, and came within the misch es intended to be guarded against by the constitutional prohibition, were the want of some real and substnnt.al fund being provided for their payment and redemption and no mode providedfor enforcing payment r,f the saw." This distinction is a satisfactory anrwrr to the nbj ction which has been raired. that, if a State, bv the prohibition or wan of i ower to • emu bills of credit ’ cannot issue Treasury notes in tin* form proposed by the bill before the committee, it fol lows as a necessary consequence that bank notes of a f-ank incorporated by a Stale or by the United States were unconstitutional because that which j a Stare or the United -tab s could not do directly could not be d me by •* batik incorporated oy a State or by the United Suites. On these two solid grounds of distinction rests the constitution ality of all thr hank notes of the country, wheih j or isatien hy a bank owned by the Shale or by j in<lividnnls. From the examination which I ha*e just made i of the two cases I have referred to the committee j may now arrire at the precise definition of the I words “ hills of credit.” the power to i.sue which wis refuse! to Congress a id prohibit© I to the i States- The bill nr note must be issued by a i S'ate. or hy her ng-uds in the name or on i’te |ft 'ih of the S'ate. and be det'gued to circulate jns mourn. There must be aortal or subsfan i t >al find pledged for its redemption, and which j may he made liable by sad for its payment. and j no party against whom a suit may be brought ■ on the vote. , Now. let us proceed to exanvne whether the i Treasury notes proposed to he issued by this bill ; w ill be subject to ail there infirmities. Ifso. tlu-y are clearly unconstitutional, at least according to | two successive opinions of the Supreme Court a court whose decisions are enti led to the high est respect. a> «1 which alone isernpowered, in the last -es *rt. to decide upon the constilutioua ity of an a< t of Congress, j The T c-isurv notes which are by this bill di rected t > be issued are described in the act of O t >ber 12. 1837. of which this bill is only a continuation They are to he of denominations not. less than fifty dollars. They are redeemable ! afier fire expiration of one year mm their dates, j They are to hear an inter'sr. to he expressed on the face of the notes, for one year from the date, and no longe-. The rale of interest is to he fixed bv the Secretary of the Treasury and the Presi dent. but. shall not exceed six per centum per annum. Thev arc to be reimbursed at the Treas ury of the United rStates. and for this reimburse { nrent at the time or times specified, the faith of i Ihe United States i-- pledged. The notes arc to I I-e signed, on hehaf of the United States, by I tbo TVr-fi«urer and connrersigned by the Register. , The Secretary of the Treasury is authorized, with the approbation of the Presi ent. to issue srreh amount of t’rre notes as h- may deem ex j ned*ent. in pnnment of d-bfs due hy the United Btates. to sin-h public creditors, or to such other i pirsons ns mav choose to receive them in piy ' nrent at par; and like authority is given to hor i row, from time to lime, not under par.such sums as the President may t ink expedient, on the credit of sireh notes. The notes “shall lie tr-ans ferable by delivery and assignment endorsed there on. bn f’ e person to whose order the same shall on the fare thereof have been made payable.” They shall he receivable in payment of all duties and taxes laid bv the authority o| ihe United of all public lands sold by the Unitee. States o' all del* s due to the United States. \n 1 I stly tint so much of any unappropriated •nonet; - ls on- he necessary fir he purpo-e is. In the Rth sof-timi appropriated for pay ing the pri; '••na! and interest on the said notes. These or. t’l th* provisions of the law which are applicahb to the subject in question. Now, what is the result of there several provisions? Why, this is it. That the denominations of the notes are 1 not to be less than SSO ; that they are payable at an uncertain day alter the expiration of one year fro n date; that they heir an interest at the dis cretion of the I*res dent, not exceeding six per cent, hut which may he fixed as low as one mill, as was d me in the late issue, being equivalent to no interest at all; that the notes an id he signed j hy the Treasurer and countersigned by the Regis ter. on behalf of the United States; th it they shall he transferable by delivery, after being en dorsed by the payee, without further endorse ment ; that they shall be receivable m payment of ; all dues taxes, and debts due to the Untied Slates; j and the only pledge for their redemption is any j | money in the Treasury of the United States not j j otherwise appropriated at the time they fall due, i and the fn'h of the. United States. Further, the notes are to he issued in payment of debts due hy the United States to such of the public creditors, or other persons. as may choose to re ceive them ior on their credit money may he ' borrowed. Noiv, such being the exact character of these proposed Treasury notes, and such (he : uses to which they oe to he applied, and su h the i pledges for their redemption. I would a<k the j co mnittee to which o the infirmities of "hilts of | credit,” as stated in the, d • isions of the Supreme Court, are they not subject ? These notes, bke the hills of credit, are issued by the United States. They are signed in behalf of the United States hy age its. They are piya hle at an uncertain future day. They are issued j on the fahh of the United States. There is no real or substantial fund pledged for their redemp tion. No one against whom a s it can he brought to enforce piyment* No one will contend that money which miy he in the Treasury a year hence, not otherwise appropriated, is either a real or substantial fund, or any fund at all. That there is no spare money now in the Treasury is evident from the fad that this iutoi is needed. The Treasury notes issued last year under this very art. anil with the saoie pledge, are still in part, say two millions, as yet unredeemed and there is no unappropria e t balance in the Treas ury to redeem them. The same may, and no d »uht will, he the case when ttie.se note-: fait due; and can that be termed a real or substantial fund which has no prese it existence, and the future existence of which is dependent upon improbable contingencies ? Assuredly no one will contend that there is areal or -uhstanti d fund pledged for the redemption of these n tes Lastly, there is no pa tv against whom a suit can he brought. The United Sutfes cannot he sued. Those who have signed the notes aie on the very face of the notes mere agents, authorized to act, and known to all to he acting only as agents, and of course cannot lie liable to a suit on the notes. These notes then . are subject to all the infir mities, whic i are ascribed hy ihe Supreme Court to “ hills of credit.” except one. They must he designed to circulate as money. Does this form jan execution 1 Are they not de.-igned to einu ; late as money, and will they not so circulate ? j True the act does not expressly declare that such i is the design ; hut it is not necessary that the de sign «houH be expressed. Rut may not the in tention exist, and he inferred from all the circum stances of the case, without an express declara tion of the design ? In almost every case where the intent is material, is that intent or design not ascert lined from the cireumst inees of the easel fn eases of ho nicide, larceny. contract, in the construction of sla utes. is not the intent infenvd from the circumstances of the case ; Have not all theTrea-urv notes which hive been hereto fore at vat ions times, un ler circumstances precise ly similar, and in form. the. same as these, and for I ke sums, and negotiable in I ke manner, circula ted as money? Did not those which issued during the I.i t war circulate as money ? Have n«'t those which have been issued in the last two years un der this very act circulated as money? It an i act has been known in our past experience always to produce certain results, will not the intent to produce the same results he inferred from the vol untary commission of the act ? W *u!d not the volunta y commission of the act he couclu-tve of | intent? H ive not Treasury notes always circu- I lated as m mey. and will they not do so again ? ] Is it «<<t then the design of their emission ilia' I they shall ciaulatcas money ? Who can doubt i it? But what is meant by ‘circulate as monev ?’— Batik notee. which pass by did very from hand to ham?, and are paid, or received in pax mi nt of debts, circul.de as money, and answer all the com non purpo-es of gob) and >iiver coin in the circulation. Became the dcuom nations of such notes are as great as SSO and $ 100, does that change their character, or pievenl them from cir culating as money? Assuredly, not. 13 1 cause hank notes a e imt a legal tender, does that pre | vent them from rin ultima as money 1 Assured j4y not. Because, in some cases they have been j made payable to order, at a fu ure uncertain day, I and were required to be end »r>ed by the payee m blank hefo e they were put into circulation d.d they tint circulate as m.on \ ? Did not what were called the post notes of the late Bank of the ! United States—the $5. $lO. and S2O notes— which were made payable to the cashiers of the b auches or order, and were eudorstd by them, emulate as money, as freely as the notes of the same d'-ni ra nations payable to hearer ? Now, if all this is (rue ot bat k holes, is theie auv ob stacle interposed or existing to prevent the.-e Treasurj notes from circulating a.- n.onev ? They a'e issued and received In- the Government in payment ; their denominations are the same as hoik n->lcs which circulate—say SSO and §IOO. After the payee, who will p'obahlv he some clerk of the Tieasury, or, to use the words of tlie act, •after the person to whose order, on ihe face thereof . they are payable." has hy delivery and assignment endorsed them, they will pass hy de livery only, without fu;ther endorsement, in the same manner as if originally payable to hearer. Wherein, then, do they differ from the post notes of ihe late Bank of the United States, before re ferred to. and which ci ciliated as money as freely as other hank notes? The conclusion thenfoie, is inevitable, that thi y will c.in ulate a* money. Il’such is not the design, why refuse to >hrow i obstacles in the way of their circulation ? Why not adopt the amendment I have proposed, ,o make them transferable only hy the special en doisement o cadi person into who-e hands they may come? This would at once present a se rious ohstai 1c to their fiee circulation, I ut none to the negotiating or transferring them as pledges i on which to borrow money. The ve r y re'usal lo adopt this amendment will he strong ev.deme of a design to circulate then, as money. Loos any one doubt that they will circulate as money? If I am rush*, then, in the several positions I have endeavored to establish, these Treasury notes w ill | posse.-s all (he iuflni.itii-s of "hills of credit;” will, i in fact, he "bills of credit,” and ofcour.-e, as such, j unconstitutional. Mr. Chairman there arc two conclusions to he drawn from the decisions ot the Supreme Court, f irsl. shat th- se proposed Treasury notes are un constitutional ; secondly, that hank paper is con stitutional. It has stru kme sir wiih great sur prise,-! hat a paper circulation so unconstitutional as that of Treasury notes should not only he i ountenauce-■ ; hut even urged upon the country hy an Admistration which professes tit be anxious n» give to the nation a constitutional currency. 1 hat an Administration which condemns hank paper as unconstitutional currency, should insist upon substituting (or it a paper issue so unconsti (ional. That an AdmmUtrntion which condemns hank paper because of its liability to fluctuation tttd depreciation, should sound unceasing prat es in favor of a Government pajer. at least equ liv Gable to fluctuation and de'j.oecialion. Sir. alt a t cxpencnc has proved that Treasury notes ir Government paper money wil de, reciale whenever ihe amount issued exceeds the amount of receipts into the Treasury. During the Revo lution the bills of credit ceased at last to be of any value whatever, and ruined tho- sand, ring the late war, even those Treasury ° U ' Which l»ore an i merer tof five or six per M ° ,e * were is-ued l>a.n necessity, dep ecuted f r ” to fifteen per cent, yea, mo.e, below the par? T' and, if the war tiaJ continued a few years U# would have fallen to fitly |**r cent* helo.y Even after the war, they did not reach i Mr vT umil they were made receivable m pa V i ne , * subscriptions to liie Biiik of iu e y‘ U Our ancestors, who had experienced all t m * e '’ of wisely endeavored. j n cVl ‘ ! ' the Constitution to gu trd their descen unis f- 1 like suffering; mJ now.M s Administratis fessi"g to he the warm advo aie of a hard • constitutional currency, and professing ,lolle . v . , . , r --»* ti)o. tn gu ml the Constitution iron violation, [ )V construction both in theory and practice )s S , triCt to inundate the country with a paper ’ " a *°>U un *oostitutional and liable to all the cviU () '|- I°™’ paper, without any of its virtues. fSi r . >llJ k strange inconsistencies. which it will be A j ficult either to reconcile or to justify b e * ore ? People. If tile a iiendment is not adopted r . I not vole for the bill. ta,J ' I Ihe New York American of'Tuesday a s noon refers to a curious stale of affairs in the ney m okcl of that city. It savs— This week, dollars have been bought t f r j £lo I per cent, pn in tor shipment to Eimm? while at the same time, exchange on En-t.,d ’ oflered below par, and not sold. Lt-iel ox tux; Q teev.—ln the York (En? , assize, on the 19th uit., Feargus O’Conner » as convicted for a seditious libel against the Q ueen published in the Northern S ar. S*nt.-nce postponed until a second indictment against him for a like offence, can he tried. The Yankee-down' bei.ow.’— Burton.theta', ented editor of the Gentleman’s Magazine. te!| s a capital Story of the doings of-The Vankor in I Hell.’ His description of some of the characters he found do vri below,’ is laughable in the extreme. Nehuch idnezzer, the King of the .Jews, he d e . scriltes as g enl at mil fours,’ and particularly ej. pe r t in the preparation of-salad.’ The introduc non of the Vankee to his infernal majesty is pe culiar. ‘J* uv d’ye dew, folks,’ sai l t'.c stranger, puff n g away at a long cigar; dsthe boss devil to hum?’ His majesty looked sulphur and saltpetre at the intruder. • Reptile.’ he exclaimed in a voire ol thunder, that rumbled and reverberated in the depths of a pit without a bottom; -who are yon that you dare intrude upon our sacred pn vary ?’ ‘Whew,’ said the stanger, ‘don’t tear ymirsVu \ why. what on airth, /• the use ot your goin’ • .if at ball cock in that way? Why do you jump for afore you’re spurred? there aim such an al mighty occasion for you to get you - dander so awfully nz just as it you xvas goin’ to hurst your hder, SeeiiT tint your climate’s rather of the warmest, it would only he doin’ the civil tiling it you jist said. Mister, toe your n ark, and take your hitters _ ‘Worm ! hence to your appointed place in he yoxvninggul!! there, in tin* hottest flame— ’ ‘War!!, [ guess not !’d a vied -iiitthe mm wi h imperturaMe calmness. T- egot mv ticket. Mis ter. fro n the rcg’l »r agen». and I don’t ch 'ose a berth so nigh ihe inj nc /’ COMMERCIAL. Infest dotes from Idrerpnol. March 25 Infest dotes from Havre Mnrrh^i AUGUSTA MARKET. Cotton —l lie market is without cl ange for the bcttri descriptions, since our report on Saturday j i tne late foreign ne’-vs has ho *cvcr!radan iafluenre upon t:ie lower an 1 ini Idling qua Tie*, which area shade lower than on Saturday, and without demand. Ordinary lo middling, 5 io7 Fair, 7| to 7^ Good fair, 7J to 6 Prime and choice, to | Groceries. ]ha market is in a very quiet state j kut fe w sales are made, and those are aiinost ex i clusiveiy cuniined to small parcels for the country j trade and conr-u option. Ireig.ts io Savannah, 50 cents per bale; to ( harlc-lun, by rail road, 2-oc per 100 lbs. for square, a; d 35c per 100 lbs. for round bales. Exchange. —On New-York, at sight, 10 \c\ j cent, ior current funds; Charleston at r er | cent; Savannah 2 per ct.; Phiiadt Iptiia a 4 pel ! 't; Lexington, Ky. 2 per ct.; Richmond 4 pet cent; specie commands 6a S per cent, premium. | j Bank .Votes. — Savannah Hanks, i^ ( percent, prem | Columbus Insurance H’k 4 “ “ “ Cornmeicial flank, aeon, 4 “ “ Mechanics’, “ (Augusta,) 6 “ ** “ Agency Brunswick, “ 6 “ “ “ Planters’ and Mechanics’ Bank, Co umbus, 24 “ “ dis. Central flank, 34 “ “ “ Miiledgexile flank, Ocrnulgee Bank, 3.j ** “ Monroe Rail Road Bank, 34 “ “ liawkinsvil e Bank, Chattahoochie R. K.& B’k Company, 5 u “ “ Darien Bank, 16 “ “ “ Bank of Home, 50 “ “ 44 Ad ottior Banks now daing business, at par. Specie Paving Banks. — flechanics’ Bank, Bank of St. Mary’s, Insurance Bank of Columbus, Com mercial Bank of Macon, and Brunswick Agency io j his citv. M A U IA El \ i'EUEIi ji\ C E. Savannah. April io. ■ Clmrei —Ship T imer’ane, Tneoda i, Live-pool; brig One ousas, Forrest, Havana; biig itobert Wain, Matthews, Phi adelphia; s hoouer La'->rait2 f ( ; Crowell, Miilndeiphia; sc.'iooi.er t older, Boldi*tk : Providence; schooner Nevis, Kenney, I'hoinidoo- Arrived —Steamboat Jo ,n Randolph. Lyou, a * i gusta. Wen* to sea- Ship Trenton, Rennet, Livcrp o ®-' | brig Wm Taylor, Iloey, New i or.c; brig L j wio, Bassett, New York. Charleston, Api>i‘-‘ Arrived on Saturday Br. bid, lleclor, Asl jC ' son, Dundee. . Cle irei >liip Liverpool, Graves, Livcipco 1 , ’ sliip i-.may, Sloan, do ; steamer Augusta, B J, ‘ e ’ Augn-ti. IVe it to sea oa Saturday —Line ship Sut'oth B rkinan. New York ; sciir Thames, Ax \ oi k. Went lose: yesterday —Ship Liverpool, Cra' ps ’ Liverpo >1 ; Br ship Fa.»ny, Sloan, da; Line "B Cervantes, Tufts, flosto.. ; C L orig Cordeda, - s * li:r ' wood, New-t ork. ffj* Dr. W. S. JONES tenders his servi es to the citizens of Augusta and its viciiDh" He may be found at his office, No 21 i Bro 1 ‘ or at IBs iesioei.ee, L nited States noted. ap - (Gy 3 During my ahseme in the inten ro State. Force, Broti'.ers Co. aie my duly :* ullU ' i ed attorneys. EN< CH U. SJ'U. ciii* apiil z I—- rr THE PAR VKRS' REGISTER. publication, demoted to the improvement ot practice, and support of the interest, of ure; published at Richmond, V a , at §5 per K ‘ Edmund Ruffin, editor and proprietor. ***