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■lion may be located ; and also in the office of the comptroller,
on the first Mondays in April and October in every year.
Sf.C. 35. And he if further enacted, That it shall not be
lan fol far anv association formed under the provisions of (his
act, to make any of its bills or notes of a denomination less
than one thousand dollars, to b-> put in < ircnlation as mom v,
payable at any other place than til the oli’ne where (he busi
ness of the association is carried on and enndncted.
Sec. 38. And be if further enacted, That no association of
persons, nitthorized to carry on the business of banking, under
this act, shall, at any time for the space of thirty days, have on
ham) al their place of business, less ti.ati twenty-five per cent,
tn specie, on the am mnt of the bills or notes in circulation as
money.
Sec. 37. And be it further enacted, That the commissioners
contemplated In this act, shall be elected by joint ballot of
both brandies ;d the General Assembly, during the present
session, and at c\cry subsequent session thereafter, and shall
be sttbjei t to be removed in the mnum r pointed out by the
constitution ; said commissioners shall he commissioned by the
Governor, and shall, togethvr with the comptroller, take an
oath for the faithful discharge of the duties required by this
act, and shall receive four dollars per day for each day they
shall be actually engaged in their duties, to be rateable paid
by such association, in the manner hereinbefore pointed out by
this act for the payment of expenses.
Sec. 33. And lie it Jurlh r enacted, That no association of
persons under this a< t, slid! be formed ami established for a ’
longer period than twenty years: Provided, That at the expi- i
ration nt the time limited by this section, it shall be in the ,
power of any assort ition t.i reorgan’ze tinder the provisions
of this act, it' then <d' force, or under any other law which a
future Legislature may adopt on the same subject.
Sec. 39. And be it further enacted, That rvitlier the comp
troller or commissioners shall be authorized to hold stock in
any of the said bulks; and should they violate the provisions
of this section, they shall forfeit their office anti appointment,
■nd the amount paid in by said commissioners and comptroller
shall accrue to, and become (he property of the State.
Sec. 40. And be it further enacted, That any transfer or I
disposition by the comptroller and commissioners, or by either '
of them, of any public debt alluded to in the 2d section of this I
■ ct, or any transfer or disposition of bonds or mortgages, for
any purpose other than is provided for in this act, such transfer
or disposition shall be null and void.
Sec. 41. And be it further enacted, That the General As
sembly may, at any subsequent session, alter, amend, or repeal
this act.
JOSEPH DAY,
. Speaker of the House of Representatives.
CHARLES DOUGHERTY,
President of the Senate.
Assented to 26th December, 1838.
GEORGE R. GILMER. Governor.
fC?” To be pu'di-hed in the Milledgeville papers once.
A.X Act to !> • entitled an act to provide for the indigent deaf
and dumb citizens of this State; also, to provide for the ap
pointment of a Commissioner, to regulate his duties, affix
■ bis salary, ami to appropriate moneys therefor.
Section 1. Be it enacted by the Senate and House of Rep
resentatives of the Stale of Georgia, in General Assembly met,
and it is hereby enacted by the authority of the same, That there
shall be appointed by the Governor for the time being, some
fit an I proper person as Commissioner, to receive applications
in behalf of indigent, deaf a id dumb, inhabitants of this State, i
to become hem li iaries thereof, and io make all necessary ar- '
rftigetnents for c it vexing such beneficiaries to the .American
A«y him, at Hartford, Connecticut, for the necessary expenses;
which may I e incurred in their support at said Asylum, who
shall hold his office during the pleasure of the Governor, for the
time being, ami shall give bon I and security in sin h sum, ns
the Governor shall designate, for the faithful discharge of his
duties under this act.
Sec. 2. An Ibe it further enacted, That it shall not he law
ful for said Commissioner to receive any deaf and dumb per
sons to obtain the benefit of this act, except such as are < itizens
of this State, and such as shall have arrived al the age of ten
years, and such as are under forty years of age, and shall be j
authorized to remain for the term of four years, and no longi r.
Sec. 3. And be it further.enacted, That the salary of the
said Commissioner, shall be six hundred dollars annually, to
be paid quarterly, as salaries of civil officers are now paid.
Sec. 4. And be it further enacted, That the said Commis-!
sioner shall, ami he is hereby required, to keep a list of all such
persons as may be received as beneficiaries under this act, de
signating the names, ages, ami places of residence of each;
and also, to keep a fair and correct account of his receiptsand
expenditures, and to render a full and particular report of the
same, together with all such information as may be called for
by the Legislature, from time to time, touching his trust.
Sec. 5. And be it further enacted, That the sum of $4500
shall be, and the same is hereby appropriated annually, out of!
any moneys in the Treasury, not otherwise appropriated, for [
the support of the deaf and dumb, as provided by this ait, I
which suni«, or so much thereof, as may be necessary, shall be !
paid to such Commissioner, on the warrant of the Governor
hereby yearly, until the Legislature shall otherwise direct
any law to the contrary in any wise notwithstanding.
JOSEPH DAY,
Speaker of tire House of Representatives.
CH ARLES I )OUG H ERT Y,
President of the Senate.
Assented to 26th December, 1838.
GEORGE R. GILMER, Governor. I
To be published in the Milledgeville papers once.
An Act to change the time of holding tire Superior Courts in
the counties of Franklin, Habersham, and Rabun, and the)
Superior and Inferior Courts of Macon county.
Section 1. l>e it enacted by the Senate and House of
Representatives of the State of Giorgia, in General Assem
bly met, and it is hereby tnactcd by the authority of the same,
’l h it the time of holding the Superior Courts in and for the
comities of Franklin HaberJiam and Rabun, shall hereafter
be held at the f blowing times to wit: for the county of Rabun
on the Thursday before the second Mondays in April and Oc
tober, in etch and every year; for the county of Habersham
on the second Monday in April and October; and for the
county of I' ranklin on the third Monday in April and October
and the Superior Courts of .Macon county, shall he held on
the first Monday in May and November; and the Inferior
courts of said county of Macon the first Mondays of Feb
ruary and August.
Sec. 2. And be it further enacted, That all jurors drawn
and summoned, and all w rits ami precepts ami processes of all
kind, nature or description, shall stand over and be returnable
to the times herein br f ire specified.
Sec. 3. And be it further enacted, That all laws or parts
of laws militating against said act, are hereby repealed.
JOSEPH DAY,
Speaker ol the House of Representatives.
CHARLES DOUGHERTY,
President of the Senate.
Assented to 28lh December, 1838.
GEORGE R, GILMER, Gov ■ernor.
The Milledgeville papers will publish this act once.
An A< 1 for the relief and support of widows and orphans out
of the estates of their deceased husbands and parents,
St/ I ion I. Be it enai'f cd by the Senate and House of Rep
resentatives of the. State of Georgia, in Geneal Assembly met,
and it is ft refry enacted by the authority of the same, That from
and aft-r the passage of this act, when any person shall die
leaving a widow ami children, or a (vidow or child, it shall and
irrtiy be lawful for the Evcutoror Administrator thereof, to al
low out the I (T cts <>| such deceased person, a reasonable sup
port ami maintenance for the space of twelve months next en
siling, immediaiety a,ter the death of such testator or intestator,
tiotwitlistanding any debts, dues, or obligation, of said testator
or intestator.
Htsc, 2. And be it further enacted, That all laws and parts
of laws militating again.,t tint act, be ami the same are hereby
repealed.
JOSEPH DAY,
Speaker of the House of Representatives.
CHARLES DOUGHERTY,
President of the Senate.
Assented to 29th December, 1838.
GEORGE R. GILMER, Governor.
To be published in the Milledgeville papers once. d
An Act to promote the culture of Silk in this State.
Whereas it is desirable that the culture of Silk should bo encour
aged within the limits of this Slate:
J'c it. therefore enacted by the Senate and House of Representa
tiers of the State of Georgia in General Assembly met, and it is
hereby enacted by the authority of the same. That from mid after
the passage of this act, whenever any person or persons, either indi
vidually or collectively, shall raise any silk within the limits of this
State, he, she, or they, shall be entitled to draw from the State
I reusury, a premium of fitly cents, for each and every pound of co
coons, so by him, her, or them raised, and ten cents per pound on
each pound of good silk, by him, her, or them, reeled from cocoons,
so raised, and the person or persons, so claiming the premium afore
said, shall first exhibit the cocoons raised, and the silk reeled asatore
said, to one of the Justices of the Peace, within the county where
the same shall have been raised, and the said Justices shall thereupon
examine the person or persons claiming the premium, as aforesaid,
upon his, her, or their oath, or legal affirmation, and shall require
th<“ party so claiming the premiums, to swear or affirm, that the co
coons wete raised in the State of Georgia, after the passage of this
act, that the premium l as not before been claimed by, or paid to any
other person, for said cocoons or silk; and in relation to all other
; facts and circumstances, as may, in the opinion of said Justice, be
connected with the raising or reeling of the same; and upon such
■ evidence proving satisfactory to his mind, lie shall thereupon make
out and sign a certificate with Ids seal thereto annexed, which certif-
■ irate shall be sufficient authority to his Excellency the Governor,
and he is heieby required to receive in his department the same, to
; draw his warrant upon the State Treasury in favor of the party to
- whom said certificate is granted for the amount of said premium, as
; per said certificate, to be paid out of any money not otherwise ap
propriated. This act shall be and continue in lull force and effect,
| for and during the term often years, from and after its passage. .All
lawsand parts of laws repugnant to this act, be, and the same are
lieicbv repealed.
JOSEPH DAY,
Speaker of the House of Representatives.
CHARLES DOUGHERTY,
President of the Senate.
Assented to ‘29th December, 1838.
GEORGE R. GILMER, Governor.
be published in the Milledgeville papers ouce.
An Act to apportion the Representatives among the several coun
ties in this State, according to the sixth enumeration, iu conform
ity with the seventh section of the first article of the Constitution.
M HF.rtEAs the seventh section of the first article of the Coastitu-
I tion, directs that tlie House of Representatives shall be composed of
. members from a’l the counties, according to their respective numbers
of tree white persons, including three-fifths of all the people of color ;
in order, therefore, to apportion tho'Representatives of each county
| respectively, according to the said sixth enumeration or census:
Be it therefore, enacted by the Senate and House of Representa
tives of the State o f Georgia, in General Assembly net, and it is
hereby enacted by the authority of the some, That in future the rep
resentation of the respective connties shall he apportioned in tie fol
lowing manner, to wit: the county of Appling one, the county of
Baker one, the county of Baldwin two, the county of Bibb three, the
county of Bulloch one, the county of Butts two, the countv of Burke
I three, the county of Bryan one, the county of Campbell two, the
I county of Carroll two, the county of Cobb two, the county of Cass
two, the county of Columbia three, the county of Crawford two, the
county of Cow eta three, the county cf Chatham four, the county of
Clat k three, the county of Cherokee two, the county of Camden two,
the county of Dado one, the county of Decatur two, the county of
DeKalb three, the county of Dooly two, the county of Early two,
tjie county of Effingham one, the county of Elbert three, tlie county
of Emanuel one, the county of Fayette tw o, the county of Floyd two,
thy county of Forsyth two, the county of Franklin three, the countv
»oi Gilmer one, the county of Glynn ene, the county of Greene three,
the county of Gwinnett three, the county of Habersham three, the
county of Hancock three, the county of Heard two, the countv of
Henry three, the county of Houston three, the countv of Hall three, !
the county of Harris three, the county of Irwin one, the county of
Jones three, the county of Jasper three, the county of Jefferson two ;
the county of Jackson three, the county of Laurens two, the countv
of Lee one, the county of Liberty two, the countv of Lincoln two, I
the county of Lowndes two, the county of Lumpkin two, the countv I
of Macon tw o, the county of Madison two, the county of Marion two, '
the county dfMclntosh two, the county of Meriwether three, the coun
ty of Monroe four, the county of Montgomery one, the countv of
Murray two, the county of Morgan three, the countv of Muscogee
four, the county of Newton three, the county of Oglethorpe thice, the
county of Paulding one, the county of Pike three, the cot.uty of
Pulaski tw o, the county of Putnam three, the countv of Rabun one,
ibe county of Randolph two, the county of Richmond three, the coun
ty of Scriven two, the county of Stewart three, die county of Sum
ter two, the county of Talbot three, the county ofTaliaferro two, the
county ofTattnall one, the countv’ of Telfair one, the county of
Thomas two, the county of Troup four, the county of Twiggs two,
the county of Union one, the county of Upson three, the countv of
Walton three, the county of Walker two, the county of Ware one,
the county of Washington three, the county of Wayne one, the coun
ty of Wilkinson two, the county of Wilkes three, the county of War
ren three.
And be it further enacted, That no omission of the Clerks of the
Superior Courts at any of the counties of this State, to have transmit
ted within the time specified in the act of December 23d, 1837, the
returns made by the takers of census of their respective counties,
shall deprive said counties of the benefit of the foregoing section, and
of the provisions of this Act.
JOSEPH DAY,
Speaker of the House of Representatives.
CHARLES DOUGHERTY,
President of the Senate.
Assented to 20th December, 1838.
GEORGE R. GILMER, Governor.
Al) the papers in the State will give the above Act one. insertion
1 An .Act to alter the times of holding the Superior and Inferior
Courts of hie Chattahoochee Circuit, in this State, so far as
relates to the ceunty of Harris, and the Inferior Courts of the
, county of Houston.
Sec. 1. Be r7 enacted by the Senate, and House of Representa
tives of the State o f Georgia, in General Assembly met, and it is
hereby cnacfedt by the. authority of the same, That from and after
the passage of this act, the times of holding the Superior Courts of
the Chattahoochee Circuit, shall be as follows, to wit : in the coun
ty of Harris, on the fourth Monday in March and September.
Sec. 2. And be it further enacted by the authority aforesaid,
That the times of holding the Inferior Courts in the county of Harris,
, shall be Iwld on the fourth Mondays in June and December; and the
j Inferior Courts in the county of Houston, shall be held on the fourth
j Mondays in January and July.
Sec. 3. And be it further enacted by the authority aforesaid,
j That all writs and processes that arc now made returnable to any of
the aforesaid Courts, be and the same are hereby made returnable
|to said Courts, as regulated by this act; and that all persons
recognised or subpoenaed to appear at said Courts, shall be held
! liable to appear at said Courts, at the times hereit; prescribed , anv
law, usage or custom to the contrary notwithstanding.
JOSEPH DAY,
Speaker of the House of Representatives.
CHARLES DOUGAERTY,
President of the Senate.
Assented to 29th December, 1838.
GEORGE R. GILMER, Governor,
ff?” The Milledgeville papers will publish this act once.
An Act further to amend the act of the General Assembly of the
State, for the location and construction of the Western and At
lantic Railroad of the State of Georgia, passed December 21st,
1836, and the act amending the same, passed 23d December.
1837.
Be it enacted by the. Senate and House of Representatives of the
State of Georgia, in General Assembly met, anti it is hereby enacted
by the authority of the same,, That the Commissioners of the West
ern and Atlantic Railroad of the State of Georgia, be authorized and
required to make an examination ol the country suitable for the
northwestern termination of said toad, and to have the route surveyed
during the ensuing year, and thereupon to fix upon and determine
the point or plan for said termination, which, in their opinion, may
be most conducive to the prosperity and advantage of the Slate—
and unless the point so determined, shall be disapproved by his Ex
cellency the Governor, it shall be held and considered the termina
tion of said road; and they are hereby authorized to make any and
all contracts, touching the land where said road shall terminate, as
they may conceive advantageous to the State.
And be. it further enacted, That the Commissioners of the West
ern and Atlantic Railroad be, and they are hereby required, to dis
charge from the service of the State all the engineers whose services
arc not absolutely necessaiy to the progress of the work on said road,
and that they hereafter discharge said engineers, or any part of
them, as their services on the Western and Atlantic Railroad can be
dispensed with,
JOSEPH DAY,
Speaker of the House () f Representatives.
CHARLES DOUGHERTY,
President of the Senate.
Assented to 29th December, 1838,
GEORGE R. GILMER, Governor.
be published in the Milledgeville papers once.
An Act amendatory to and explanatory of the several acts now of
force in this State, in relation to the creation oF County Treasu
rers, &.S.
WinuiEAs, the existing laws now of*force in this State, creating
County Treasurers, defining their respective duties and liabilities, tire
variously construed ; some Inferior Courts rtcognizing them as im
perative to appoint another beside the Clerk of the inferior Court for
their Treasurer, while other Courts regard it as permission only,
and placed entirely within the discretion of the Courts, to do the one
or the other—And whereas, under the latter construction, no law
providesfor takingany bond, or recognizance on the part of tho Clerk,
where he shall be held and deemed the legitimate Comity ’l’leasurer,
us aforesaid, for the faithful execution of his trust, as Comity Treas
urer, whereby the whole finances of a county are placed entirely in
the bands of said County Treasurer, without propar guarantees of fi
delity :
Be it enacted by the, Senate and House, of Representa
tives of the. State of Georgia in General Assembly met, and it is
hereby enasled by ths authority oj ths same, That vrhenuver it
shall so happen that the Justices of any Inferior Court or Courts of
any county or counties of this State, ora majority of them, shall de
cide that they are not inhibited from retaining their Clerk as County
Treasurer, thr u, and in that case, they slia 1 m:vcrlbeless, proceed to
take proper l oud .ai l security of said Clerk, in like manner, as is
I pointed out sot CoTirity Treasurers generally.
And be it further enacted, That the said cb rk, acting as county
treasurer, shall l.e requited to pass all ri ceip’s fur monies received
by him, and in ail respects conform to all the duties pointed out for
other county treasurers.
And be it farther enacted. That all laws militating against this
act be, and the same are herehv repealed.
JOSEPH DAY,
Speaker of the House of Representatives.
CH \RLES DOUGHERTY,
President of the Senate.
Assented to 31st December, 1838.
GEORGE R. GILMER, Governor.
Milledgeville papers will publish the above one time.
An Act further to regulate the granting of Retail License and sale
of spirituous liquor.
Be, it enacted by the. Senate and House of Representa
tives of the State, of Georgia, in. General Assembly met, and it is
hereby enaettd by the authority of the same, That from and im
mediately after the passage of this act, upon the application of any
person for License io retail spirituous liquor, the Clerk of the Infe
rior Court to whom such application may be made, shall, before the
granting such license, requiie the applicant in whose name such li
cense shall issue, to take and subscribe the following oath, to wit :—I
do solemnly swear, that 1 will not, during the next succeeding twelve
months, m H, barter, give or furnish to any slave or slaves or free per
son of color, any measure or quantity of distilled spiritous or intoxica
ting liquor, without the verbal or written consent of the owner, over
seer or employer of such slave or slaves, or without the like consent
of the guardian of such free person of color ; and I do further swear,
that 1 will not suffer or allow any other person to do so for me by my
approbation, knowledge or consent, so help me God.
zlnJ be it further enacted. That on or before the first day of June
next, and annually thereafter, each and every vender of any measure
or quantity less than one gallon of distilled spirituous or intoxicating
liquor, shall and are hereby required to take and subscribe the above
and foregoing oath.
And be it further enacted, That from and after the first day of
June next, and annually thereafter, each and every person who may
or shall become a vender of any measure or quantif y less than one
gallon of distilled spirituous or intoxicating liquor, shall and are here
ba requited to take and subscribe the above and foregoing oath.
And be it further enacted, That upon the neglect or refusal of
any person so required to take and subscribe the above and forego
ing oath, each and every person so neglecting or refusing shall be
and are hereby made liable and subjeet to all the pains and penalties
which a person retailing without license is now subject to by law.
And be it further enacted, That each and every oath so taken
shall he suh icribed by the person taking the same, and attested bv
the Clerk ofthe Inferior Court before whom the same shall be taken,
in a book to be kept by him for that purpose.
And be it further enacted, That all laws or parts of laws militat
ing against this act, be, and the sam’ 1 are hereby repealed.
JOSEPH DAY,
Speaker of the House of Representatives.
CHARLES DOUGHERTY,
President of the Senate.
Assented to 29th December, 1838.
, _ GEORGE R. GILMER, Governor.
!L/**The Milledgeville papers will publish the above one time.
An Act to amen:? the thirty-second section of the Judiciary system
of this State, passed the 16th day of February, 1799, so far "as re
lates to illegality in executions.
Be it enacted by the. Senate and House of Representa
tives of the State of Georgia, in General Assembly met, and it is
hereby enacted by the authority of the same, That from and imme
diately after the passage of this act, when any person against whom
an execution shall issue illegally, shall make oath thereof, and shall
state the causes of such illegality, the sheriff shall return the same to
the next term of the court from which such execution issued; Provi
ded, That the person alleging such illegality, shall also deliver to the
sheriff or other law ful officer, a bond with good and sufficient secu
rity, conditioned for the delivery of the property levied on, at
the tim; in 1 plsce. of sale, in the event of the causes or
grounds of the alleged illegality being overruled by the court, and
not otherwise ; and in all case’s it shall be the duty of the sheriff or
other officers, to levy on property, where any can be found, before
receiving such affidavit.
And be it further enacted by the authority aforesaid, That all laws
or parts of laws repugnant to this act, be, and the same are hereby
repealed.
JOSEPH DAY,
Speaker of the House of Representatives.
CHARLES DOUGHERTY,
President of the Senate.
Assented to 28th December, 1838.
GEORGE R. GILMER , Governor.
The Milledgeville papers will publish the above act one time.
TO THE FREEMEN OF THE FOURTH CONGRESSION
AL DISTRICT OF NORTH CAROLINA.
Gentlemen : Circumstances of a private nature prevented me
from visiting all of you, during the recess of Congress, and I take
this means of communicating with nty constituents on the state of
our affairs, mid of presenting to them my views of the great questions
which agitate the public mind. Before I proceed, however, to these
interesting topics, let me remind you that I came to Congiess “un
committed and untrammelled.’’ In the short address, published
previously to the election of 1837, after stating my objections to
some of the prominent measures of General Jackson’s Administra
tion, I declare that “if Mi. Van Buren advise good and wholesome
laws, I shall give him a hearty support.” My feelings and prejudices
were against this gentleman, but having been placed in the Presiden
cy by a majority of the American people, it was the part of wisdom
to give him a fair hearing, and to express my determination, I used
the emphatic language, “I will approve where I can, and condemn
when I must.”
During the canvass, the pecuniary distress of the times was the
chief subject of discussion, and I thought that the bungling manner
in which the public finances were managed, was one of its principal
causes: I condemned the attack on the Notional Bank—l spoke of
its usefulness to the country—and endeavored to remove some of
the prejudices entertained by the people against that corporation.—
I also believed that a great regulator was necessary to keep the State
Banks in check, and I thought it probable that we should be com
pelled to resort to the establishment of a National Institution; but
never I pledge mvself to vote yea or nay on the snbject, and reserv
ed this and nil other questions for future, deliberation. He who lives
at a distance from the great theatre of public life, and pins his faith
to scheming politicians, cannot reach a safe conclusion, and I resolv
ed to be a free man, and judge for mvself, or to remain in the honest
obscurity of my private home. Had I supposed that I was elected
to be the attorney of a party, dr to work under the orders of some
selfish leader, who is indifferent to the feelings and welfare of my
own constituents, I should have rejected the tawdry honor with scorn.
W hatever may have been my prepossessions, or however warmly I
may have expressed rny sentiments, I never doubted that the people
understood me to be free from the shackles of party, and believed that
I would use my own understanding in the discharge of my public
duties. 1 cannot suppose that you think me less trust-worthy than
Mr. Clay or Mr. Van Buren ; however splendid may be the talents
of these gentlemen, they cannot look so closely to your interest as
one that was born, and lives amongst you ; and in thinking for my
self, without giving undue weight to their opinions, my conscience
absolves me from the slightest impropriety. I refer now to the terms
of my service, because I shall act in accordance with this view of
the agreement: and after a cautious survey of the whole subject,
with a single eye to the welfare of the country, I am opposed to the
establishment of a National Bank, or the existence of anv corpora
tion, whose power and whose business pervade the whole Confeder
acy. It is not to be denied, that a Federal Institution is a conven
ient agent to the Secretary of the Treasury. The revenue, w herever
collected, can he deposited there, and wherever needed, can be dis
bursed through its various branches; and if regard be had only to
the ease of public officers, or the despatch with which credit can be
tiansported, a National Bank is the most appropriate instrument.—
But it is not indispensably necessary. The commercial relations of
the Union, enable the Bank to perform the duty abovementioned,
and the same reason will put it in the power of the Government to
expend its money through its own officers. Most of the revenue is
collected in New York, and some of it is wanted in Missouri. The
mercliants of the latter State purchase their goods in the former,
and arc always glad to have funds where their debts are payable;
and it the money of the Government be in safe hands at New York,
a draft on tins deposite will be equivalent to specie in St. Louis, and
eagerly desired. This simple illustration throws light on the whole
subject ; in early times, when there were neither banks nor brokers,
it might have been necessary to put up a National Institution, but a
check or dr;jft of the Secretary of the Treasury, wherever it may
now go, will pur hase the best currency, and lie sufficient to pay
the debts ol the Government.
A paper circdnlion, common to the whole country, has been much
lauded, and is cmtainlv useful to the travelling community. It is
said that if a person started at New Orleans and went to Boston,
half ol his expences might bo charged to brokerage; but the taking
of a small quantity of specie would remedy this evil, even if we were
disposed to compare the temporary convenience of a few travellers
to tho permanent interests of the thousands who uover leave their
own State. The local banks, if properly managed, can always fur
nish exchange at a moderate premium. The relative business of
the different sections of the country, is the basis of this operation;
if Newhernc buys more than it exchange will be against New
heino, and if it sells more than it buys, exchange will be in its favor,
and this is the universal law under every system of finance. During
the late crisis, exchange at New Orleans on New York was 15 per
cent, above par, while in North Carolina a draft could be obtained at
1 p r cent. ; the reason was that New Orleans was heavily indebted
to New York, while the merchants of our own State had been doing
I■' i' l ,l ’ ~' ', ‘ .n * business. The Bank of England has no branch
| at 1 iibim or Edinburgh, yet the merchants of that Kingdom do not
i complain of the derangement of exchanges; there is no bank to reg
ulate the commercial intercourse between New York and Liverpool,
ai.< t uii. is no justifiable cause why the business of our own cities
i>u not >e on a fooling equally favorable. In the breaking up of
'!!' 01,1 s > ste "b and the commencement of another, there will be some
?.’ t SS con hision, but in a short time the business of the country
" f a “ d "»
smn,!>s/l l, ."ihowever, in favor of a National Bank, is its
18 6 win S M “ SoU l' d turr - 1,, “y- TIIC Precedent of
fm- th< es -.t R : ‘ve up hts objections and signed the bill
oi the estabhshment of the late Institution, is frequently referred
to, and at one t.me >t had great weight in my own mind. But a
more minute acquamtamce with the history of banking, and a more
is’: i,s ,c,,dnnci - have shak -
the stock, and the bank begins its opeiations. The object of the
legislature is to furnish a paper currency to the people—that of the
capitalist, is to make a good investment for himself. Prudent and
keen-sighted, and looking to his o\vn interests, he manages the bank
to make money for the stockholders, The greater the Issue of pa
per, the larger will he the dividends, and the higher the stock will
rise in the market; thus for a time even an honest man will be
tempted to go beyond the bounds of prudence, and throw out mote
currency than is wanted. When to this is added the eagerness of
borrowers, the result of the whole affair is easily perceptible. Though
young in years, the country is already in the”old age of luxury and
refinement. Habits of indistry and economy are distasteful to many
of our people. They wish to substitute speculation for patient labor,
and they are greedy of riches, though they indulge in expensive
pleasures. A temporary combination takes place between the banker
and the borrower; every thing rises in price; the rich man thinks
himself a prince, the poor one acts as if be had wealth, and all go
on rejoicing until the bubble is swollen to its utmost extent, and then
the puncture of a pin brings it to the earth. The bank cannot re
deem its paper, because its debtors cannot pay, for print's and prop
erty are in an artificial state ; the knowing capitalist t Co k advantage
of someone s ignorance to sell his stock at a high advance, and leaves
the institution to the odium, which his own conduct brought against it.
Any hank of large capital, property managed, would certainly
check the State corporations. ’’„d keep them within reasonable lim
is. ut there is no "’.’.aranty that a National Institution would be
governed with ’;, lore virtue and wisdom than the State banks; men
o tie sa,,, e character are stockholders of each, desirous of large
ihV.itends, and the debtors of one are as little likely to be circum
spect as those of the other. The same vice infects the whole sys
tem, and where there is an apparent difference between the federal
and local banks, it is caused by peculiar circumstances. If in 1816,
the Legislatures had compelled the State corporations to perform
their contracts, or the General Government had demanded specie in
the payment of its dues, there would have been no necessity for a
National Bank ; if the makers and guardians of the law would extend
to banks the same penalties, which befal insolvent individuals, we
should not often hear of the suspension of specie payments. That
this is the true remedy, late events incontestably prove. The banks
of New York would have forfeited their charters, if resumption had
not taken place on before the Ist May, and this did happen not only
without a National Bank, but in spite of the Mammoth at Philadel
phia. I have no affinity with those who wish to persecute moneyed
institutions, for there are times when the wisest cannot foresee the
revulsions in trade and commerce, and should not be blamed ; I only
lay down a general principle applicable to ordinary cases, by which
the people can be protected, and the banks be made to know their
duty.
But if a National Bank Can confer these boasted blessings on the
people, it must be invested with vast power and extensive privileges.
I he President of the late Institution, when asked by a committee of
the Senate, “Has the Bank at any time oppressed any of the State
Banks?” answered “No, never—but there are very few banks that
n.iiglit not have been destroyed by an exertion of the power of the
Bank.” It thus seems that twelve individuals would control the
moneyed interests of this great country. If they were favorable to
a State Bank, it might issue bills to any amount, and make large
divideuds for its stockholders; if they were hostile, it must shut it
doors and close its business, without regard to the power which
brought it into existence. Whatever might be the interests of the
people, among whom it was located, or the object of the Legislature
which granted the charter, the local bank must look to the views and
feelings of the distant master, on whose smiles and frowns its fate
would hang. This powerful influence would not be confined to the
capitalists and their immediate dependants; the industrious classes,
the merchant, manufacturer, agriculturist, and all who were in need
of loansand credit for successful operations, would have a direct in
terest in propitiating the great Moloch of money. When we think
of the rage for riches which characterises the present generation,
and the inordinate desire for the luxuries of life, it is not unreasona
ble to suppose that the power, which is believed to dispense these
favors, would be almost irresistible.
The Federal and State Governments combined, do not possess an
influence commensurate with that, which acts on the pecuniary hopes
and tears of an industrious and enterprising community. The latter
comes to cur fireside, it mingles with our most sacred feelings, it
affects all our interests, it can give us competence or it may dash us
and our children into the dirt. Without appealing to bad passions,
I would ask the thinking people of this country, if it be safe to give
a single corporation so great privileges? Is it not the best to divide
the moneyed power, to separate it into smaller parts, so that capi
talists would rival and check each other, and not act in a solid phalanx
on the other classes of society ?
But it is said that those who have money are timid; that far from
interfering with State affairs, they are apt to succumb to politicians,
instead of manfully struggling for their own rights. This is the truth
in monarchical or aristocratical governments where there is no chance
for bankers and stockjobbers to acquire much influence; in a repub
lic, however, where individuals have great opportunities of pervert
ing the public mind, wealth is one of the greatest engines that can
be brought to operate on politics. It is not supposed, that the direc
tors of the bank parlor would openly issue orders on the subject of
an election, or have the head of an offensive individual chopped off
without the trial by jury; but if two parties were evidently contend
ing for supremacy, and one was more favorable to the interests of
the bank than the other, does any man of sense doubt into which
scale the moneyed weight would be thrown? Gen. Jackson was
accused of wishing to tamper with the late Bank, but was repelled
by the pride and intellect of the great man who governed that Insti
tution. It cannot be expected, that a gentleman of such endowments
would always be qt the head of a National Bank ; if it were con
trolled by a person, who thought only of interest, and the success
of pecuniary speculations, and the charter was on the eve of expir
ing, it is to be feared that a popular president would bend the whole
body to his purposes. In looking to the future, and thinking of the
increasing corruptions of the times, an bonestand prudent statesman
might see cause to believe, that a union of moneyed and political
power was not impossible; who then could resist the President and
the bank combined? who would dare raise his voice against the dis
penser of honors and wealth? and who does not see that a tyranny
of the meanest character, would take the place of our present Go
vernment ?
Another objection to a bank of ftrge capital, whether chartered
by the General or Slate Government, is its tendency to concentrate
the trade of the country at particular points. Ido not envy the
commercial prosperity of our Northern brethren ; but it is neither
unpatriotic nor unwise to wish that Southern merchants should export
the productions of our soil, and bring us the enmforts and necessaries
of foreign regions. A moneyed institution of immense resources at
New York or Philadelphia, with branches in the States, would effect
ually command our commerce, and bind us in iron chains to the
traders and merchants of the North. It would be the policy of the
bank, to foster the industry of that section, where its managers resid
ed and held property ; personal acquaintance, social lies, and local
feeling, would always induce them to consider the prosperity of their
own city or State, as the chief object of attainment.
It is true that great natural advantages cannot be entirely contra
vened—that a town favorably situated for commerce will become an
important place—and that the enterprise of a people will ultimately
be successful. But when circumstances and legislation have given a
direction to business, the order of things cannot be changed if the old
policy be continued ; settled habits and the overwhelming influence
of capital, would render the struggles of patriotism and intelligence
useless for generations. The merchants of the South have become
sensible of their own interests, and are endeavoring to have a direct
trade with other portions of the globe; would a bank governed by
Northern men look kindly on such an effort ? Would they, who
control the credit of the country, who confer favors and inflict blows,
give aid and countenance to new schemes, or strain every nerve to
keep commerce in its own channels?
There is not a city in the Union, whose merchants have not felt
that Philadelphia enjoyed superior advantages, in consequence of
having the Bank; and if the capital of such an institution were dis
tributed through the States, and governed by men of different feelings
and views, every section would participate more equally in its ben
efits,, whilst its political power would be greatly diminished. The
cities of the South might then hope for success in commercial rivalry,
and even the seaports of Carolina would raise their lowly heads, to
struggle for a portion of that trade, which our own industry brings
into existence.
The next subject worthy of your attention, is the expenditures of
the General Government. During tire last six years, these have
been eiMirmotisly increased, by the Florida war, the purchase of In
dian territory, and the removal of the Aborigines to the country west
of the Mississippi. But independently of such causes, a system of
extravagance has been established at Washington, which, if contin
ued, must deeply affect the charcter of tho Government, and the
happiness of the peojile. Our statesmen have always contended for
a cheap and simple establishment; they think that the Union was
formed to insure domestic |>eace and protect us from foreign ene
mies; and they have deprecated thatdoctrine of construction, which
will sweep away the limitations of the Constitution, and degrade the
States into mere corporations. On the oilier hand, those who fear
dissolution more than consolidation, who think that the Federal arm
should be strengthened, seize every opportunity to increase the in
fluence of the Central Government, and find by experience that ex-
tensive patronage is the best engine .to effect their purposes. Other
motives have actuated the friends of domestic manufactures. The
prosperity of this branch of industry, is caused by duties levied on
foreign goods; the higher the impost the more benefit accures to the
manufacturer, and he clamors for large revenues and heavy expendi
tures. We say that the tariff is a tax on the agricultural portion of
the community, and that the Government has no right to favor one
class at the expense of another; but so devoted are these men to
their own interests, that the Constitution is forgotten, and every fool
ish and expensive scheme is welcomed, because it makes taxation
necessary. But with all their efforts, the extravagance of the Gov
ernment could not keep pace with the greediness of the manufacturer,
and forty millions of dollais were amassed in the Treasury at the
commencement of 1837, which could not be expended in the public
service.
This money was deposited in the banks, and loaned by them to
individuals; it contributed to swell the currency, and bring on that
reckless sjiirit of speculation, which eventuated >n our late disasters.
Ihe banks never thought of payment—the men in power did not
understand the subject—the people were unwary and thirsty for
wealth, and all were overwhelmed with ruin, when they thought
themselves at the acme of prosper it y.
But this was the least oi evils. The land Las resounded withan
outcry against the abuses and corruption of the Government; It is
said that public funds have been used for electioneeiug [imposes —
that politicians have been bribed to support the rulets in office, and
that the jieojde have been defrauded for the private benefit of hypo
critical leaders. All this may be true, but to charge the party in
powei with the whole crime, is to take a view of things at once con
tracted and unphilosophical. 1 hey who have destroyed the ancient
simplicity of the Federal Government, who have interfered with the
industry of the Slates, who have beer, foremost in taxes and expen
ditures, are deserving of the deepest censure. A pure man may fair
from temptation, ami any party win ' occtJinc cori lip(> jf it | )ave mcans
and opportunity; and lie who is sincerely anxious for honest rulers,
and is opposed to usurpation, must strive to keep the Gov
eroniei.t p oo r f rown ujion every scheme of
Over 'piausibe and attractive.
I Ihe North has received the bei efit of this legislation, and the
South has been its victim. But through the mercy of Providence,
the Jabming classes in the free States begin to think that these boun
ties and monopolies of the General Government do not contribute to
their welfare. I donut say that the “Democratic party” of the
North is perfectly sound on this subject; but the only assistance which
we get from that section, is derived from the members of this party,
and being opposed to grand plans of expense, from feeling and edu
cation, they constitute our reliance, and are indeed our natural al
lies.
The bankSnd all the affairs of the General Government are of
less concern tons, than the agitating question which has been thrust
on the country by the Northern Abolitionists. The people denounce
slavery as sin to God and injustice to man; the most opprobrious
epithets are cast on the citizens of the South, and every means is
taken, secretly and openly, to excite the slave and to terrify the mas
ter. Many powerful presses are at their command—some able andi
eloquent men are in their ranks—thousands of papers, books, and •
pictures are daily issued to inflame the public mind; and as the
commerce between the States is entirely unrestricted, and all earn
travel without hindrance, and the Post-office is open alike to the ve
hicles of poison and the messengers of truth, it is obvious that, without
the strictest vigilance, the blacks may at some unexpected moment
be driven to madness. But these men are not content with firing
at a distance their engines of destruction ; they daily petition Con
gress to abolish slavery in the District of Columbia, and if this object
be attained, the ('apitol itstelf will resound with their frenzied ebulli
tions. Located at Washington, in the midst of a slave population,
and encouraged by the example and countenance of the General
Government, these incendiaries would be so active and daring that
nothing could stem the current of folly and fanaticism.
Those who visit the North for the purpose of trading, are led to
believe that this excitement is confined to a few persons of obscure
character; but the merchants, who are beneifitted by Southern com
merce, are interested to keep our eyes closed, in order that the in
tercourse of the sections may not be interrupted. The politicians
too, who are connected with prominent men in the North, are anx
ious to keep down alarm and beguile us into security, for fear that
our people will fly from the support of those measures, which are
known to be identified with Northern interests. Six years ago, the
first “Anti-slavery Society” was formed in the City of New York—
now many hundreds are spread through the free States, engaged in
making proselytes, collecting funds, and distributing books and pam
phlets. Influential preachers of the Gospel, enjoying a high reputa
tion for piety and knowledge, devote their zeal and talent to the:
promotion of the cause. The seminaries of learning have societies,,
where professors and students unite their efforts against the peace off
the South ; even the school books are filled with libels on our char
acter and institutions, in order that the lising generation may come
to the duties of life with settled opinions and prejudices. The num
ber of members of Congress, who openly advocate Abolition, is daily
increasing, and if they who secretly aid the fanatics, or connive at
their proceedings, be added to the list, the party will not be con
temptible. Fellow-citizens 1 have travelled tit the North, I have
associated with all classes of people, I have endeavored to become
acquainted with the real state of things, and tell you in all sincerity
that there is danger, aiid I implore you not to be deceived.
The connexion of tlii-subject with politics, is at once the strong
est proof of what 1 assert, and the worst sign of the times. If the
number of the Abolitionists were small, and the North thoroughly
sound, both “Whigs” and “Democrats” would treat them with con
tempt ; but in Mass, both paties court the fanatics; in Maine and
New Hampshire, they are opposed to the “Democrats;” in New
Y’ork the Whigs elected one of these men to be theii Lieut.-Gov
enor, and in Pennsylvania the Whig candidate for Governor was an
avowed Abolitionist. These are facts which cannot be denied.
When Mr. Van Buren was inaugurated, he declared himself the
uncompromising opponent of Abolition. At the commencement of
the 2d Session of the 25th Congress, it was thought prudent to stifle
the petitions and memorials on this subject, and Mr. Patton of Vir
ginia introduced a resolution, ordering them to be laid on the table
without further action thereon: seventy-four members of the House
of Representatives voted against this resolution, of whom nine or
ten were supporters of the Administration, and the rest were its op
ponents, not a single “Whig” from the North voting in the affirma
tive. On the 12th of December, 1838, Mr. Atherton, of New
Hampshire, presented to our body certain lesolutions on the subject
of the powers of the General Government, and for the purpose of
disposing of the “Abolition papers,” with which the House was to be
flooded ; they affirm the control of the States over their domestic
institutions, and rebuke in a proper spirit the agitators, who wish to
use this Government as a lever to effect their designs on the South
ern country. Seventy-eight members voted against the last clause
of the last resolution, otdering the petitions and memorials of the
fanatics to be laid on the table, “without being printed, read, or re
ferred of these nine or ten were “Democrats,” and the rest were’
“Whigs,” not a single opponent of Mr. Van Buren, from the North,
voting in the affirmative.
The Abolitionists and their friends were deeply offended at the
passage of these resolutions : those who voted for them were stigma
tised in the vilest language, and denounced as the pujrpets of slave
holders, whilst they who vote I against them, were heralded through
the North as the friends of libeity and free discussion. lam far
from saying that all the Northern Whigsare favorable to the schemes
of these misguided people; but Mr. Van Buren having early tnken
gtound against them, and his friends in Congress having voted with
the Southern delegation, thereby incurring the hatred of the fanatics,
whilst the Whigs have received their thanks and praises, it is not un
reasonable to conclude that one party is much sounder than the
other. I, however, only state the facts ; it becomes you to make the
comment in justice and charity. *
But we must not put too faith in parties and politicians. 1
have seen enough to make lire distrust those who are struggling for
power and office. We must adhere to our principles; we must keep
aloof from those contests, whose result is to elevate men and divide
the spoils of victory. If the slave-holding States be true to them
selves, they can give law to the Government; but if our public men
be divided into factions, and permit the great doctrines of the Con
stitution to be sunk in a mere scramble for the “loaves and fishes,’’
our influence will be lost, and our property will be sacrificed.
The preceding remarks unfold my political principles, and indicate
the course that I shall pursue on the bill for the establishment of the
“Independent Treasury,” if it contain those safeguards, which I
deem essential to permanent success. Under its provisions, Execu
tive patronage will be less than if the Government were-leagued with
the banks: its tendency is to diminish the public expenditures— to
[un ify the currency, and to render unnecessary that na|ier monopoly,
so alien to the genius of our institutions, and so fatal to the interests
of the Southern States. The length of this communication, prevents
me from entering more fully into the merits of the great doctrine of
the separation of Bank and State ; its novelty, and the clamor that
was raised tor political effect, induced many excellent men to ques
tion its expediency, but contrary to . preconceived notions, I feel
compelled to give it my support, and shall take another opportunity
of stating the reasons.
It is probable that some of those, who were with me in 1837, will
be dissatisfied with the views presented in this paper. For these
gentlemen, I shall ever entertain the warmest esteem, and I regret
that we should differ in the slightest degree ; but in the peiformance
of legislative duties an honest man cannot indulge his private feelings,
I cuitild not sustain General Jackson in his disregard of the co-or
dinate branches of tho Government, or in tho prostitution of his
office to the designs of favorites and sycophants, and 1 have always
expressed admiration for Mr. Clay, and even urged his claims to the
Presidency; but whilst Mr. Van Buren keeps within the limits of his
constitutional [lowers, and seems disposed to adopt a policy that is
just to the South and honorable to himself, it would be the height of
folly to make war on him, in order to elevate a party, from which 1
differ essentially, and many of whose members are deeply hostile to
the interestsol my own constituents. As for the drivelliugs of igro
rance, and the insinuations of malice, I shall endeavoi to bear them with
jiatience and dignity. In the search after truth, I may frequently
err, and sometimes be forced to change my opinions: but proudly
conscious that 1 have no other object than the welfare of my county,
1 cheerfully .submit to tire justice and candor of a liberal community,
.Your obedient seivant,
CHARLES SHEPARD,
Washington, December 20th, 1838.