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WILLIAM E. JONES. AUGUSTA, Ga. SATURDAY MORNING, MARCH 23, 1839. V„l 111.~Nck34.
TUB CIIUO.MCLE AND SKN’CISEL
published,
DAILY, TRI-WEEKLY, AND WEEKLY,
At A'o. JJ road-street.
TERMS!
Dailv paper, Ten Dollars per annum, in advance.
Tri- Wei'dj paper, at Six Dollars in advance or
Seven at the end of the year.
V/ee’Uy paper, Three Dollars in advance, or I- our at
the end of the year.
CHRONICLE AND SENTINEL.
lAu<;U S T A .
FRIDAY MORNING, MARCH 25.
(rj-Nothing later from Maine by the Northern
mail last night.
(Tj“ Wc would call the attention of our readers
to Mr. Rhind’s advertisement, which will be found
in another column, offering for sale a lot of valua
ble Broussa Mulberry Cuttings.
The Baltimore Sun, of the 18th states that an
i on steamboat, the hull of which was manufac
.ui-’d in England, sent to Savannah for Mr. B.
” L unar, of that city, and thence transmitted hy
m to this city, to he put together hy Messrs.
(tollman & Uratt, is now nearly completed
oi.l lying along side of their wharf. Another o*
,ia same description is now on the stocks. Ly*
ford’s Price Current, from which wc gather this
information, slates that “each boat is 125 loot in ■
length. 25 feet beam, and 7 feet depth o! hold, and
consequently measures considerably upwa'ds op
300 lons. They are of very handsome model, and
draw only about 3 feet water, when every thing
is in. Their engines, which have been made by
Messrs. W. & 13. arc low pressure, and each of
60 horse power. Wc understand that these hoat
are to ply between Savannah and Macon, in Geor
pa. One of then is only yet named—the De
Hostel.”
From the N. Y. Herald, of Ihe 16 Ih.
Money Market.
The financial and commercial affairs of the
country are at this time in a most precarious sltua
tion. Whether the present political difficulties in
which wc are involved, eventuate in a war or not,
the plan of the campaign for the year’s business
has been ruined at its outset, purely hy want of
*|tact on the part of its projectors, and by the inju
dicious movements of their good natured friends
at Washington. We now lind ourselves in a sit
uation every way similar to that in which wc were
placed in tile spring of 1837. The actual balance
of trade is against the country. At that time
Mr. Biddle commenced that extraordinary move
ment in the cotton market which has since been
attended with such signal success. The foreign
debt was paid, and tho prospect of great commer
cial prosperity held out for the future. Mr. Bid
dle then retired from the field. He was partly
induced to this step hy the clamor against his cot
ton speculations, originating with the opposing
interests in London, and reiterated by their agents
in Wall-street. On the retirement of Mr. Biddle,
the motive for this clamor became apparent. The
cotton crop at the south, left open to the compe
tition of the general dealers, was soon taken up
at high prices, and large quantities arc still held
in the south. The dilferencc in quantity sent
forward this year, as compared with the last, Is now
near 300,000 bales,equal in value to $15,600,000.
At the same lime our spring importations have
been larger than ever before at the same season.
This was the point at which the antagonists of
Mr. Biddle entered the field, in order, hy the
1 transmission and ncgociation ot American stocks
I in the London market, to supply that deficiency
5 in exchange which circumstances have created,
r Accordingly, taking advantage of the high repu
~ tation which American securities had obtained in
f the foreign markets, and which was secured to
| them by the success of Mr. Biddle’s movement,
I largo quantities were forwarded for sale.—The
I following is a tabic of the stocks issued by the
| several states, the quantities sold iu London, and
I tho quantities there on sale in the hands of dilfcr
■ «nt houses, as Wilsons, Barings, Lizardi, Morri-
I son & Co., and numerous others:—
STATE STOCKS.
9 Sold Held on sale
J State. Am. issued. Hale, in London, in London,
'i Michigan, 2,840,000 5 500,000 2.000,000
'i Alabama, 10,800,000 5 4,304,000 2,000,000
* Illinois, 5,470,000 G 500.000 2,000,000
■ Indiana, 6.338,000 5 300.000 1,600,000
■ Kentucky, 3,185.000 5 400,000
■ Louisiana. 19,225,000 5 9,440,000 800.000
■ Mississippi, 7,000,000 6 5,COO,“00 3,000,000
P?- Maryland, 8,511 9‘o SkG 1,300,000 1,000,000
H N. York, 1“,456,152 5&6 6,4(0,000
■ Ohio 6,101 000 6 1,200,000 500,0C0
55 Penn. 24,160,007 5 13,260,000 700,0(0
4aj S. Carolina 5.753.770 5 3,000.000 2,000,000
■ Virginia, 4,129,700 5 1,632,000
$47,632,000 $15,000,000
Jr Against this amount on sale exchange has been
w drawn in anticipation of sales, for near one third
■ of the whole sum. Tho groat confidence that was
■ entertained in these sales, and the apparent suc
cess which was attending the movement, induced
the proj jetors on each side of the water to corn
el bine their energies in New York, which has been
■ don' 1 under the form of the “ Bank of Commerce.”
H Vh> Institution has been ushered into life with a
lonrish of trumpets about tho “high stand
•• i.loss connections and talents” of those im
fflj connected with it; and great promises
WEI cI- i out of its fit nrc usefulness —l ilt before
seven gone into operation, the bungling of
id i in politics, has entirely fi t s rated the
■ - V.erprjze. The manner in winch the so
■ - , „ • fiends of coalmen e” have handled the
■ Maine boundary question in the national logi.-da
■ ture, lias entirely upset the two years’ work of
I Mil Bi 5 He with regard to tho securities, the repu
■ t.i.ion of which was (hu basis of the whole fabric.
■ Already exchange lias risen 1 to U per cent, am!
■on the return of the (Leal Western, which will
■reaeflPhorc on the l£th of Aprii, at least five n il
■ lions of rctur i securities must come in her. The
■blow w hich this will give to our monetary nlf.ihs
■will bs fa'al. and followed hy the return o( the
■Liverpool on the 23d of April, will sweep every
■ thing before it. It is the knowledge of these facts
■which renders those hi the secret so cautions in
■their movements. The old banks look forward to
■the coming squall with dread, and conduit them
■pdves accordingly.
■ It is a very simple operation to collect money,
a bank, appoint officers, and begin lutsi
■iess; but to continue that business requires a di-
tnind—one that understands not only local
hooking, hut is also comprehensive
to understand the hearing whh it political
ca Traces have upon the monetary system. Mr.
Biddle has ns yet proved himself unrivalled us a '
conductor of a great financial establishment, and 1
will probably be the only one who will ride safely 1
through the coming gale. i
Correspondence of the Savannah Georgian.
G.uiei’s Faaur, March 13, 1339. !
My Dear Sir—By advices received from the |
South, we have the melancholy intelligence of the
death of Capt. Samuel L. Russell, of the 2d In- J
fan try; a gallant oliieer, God’s noblest work, an
honest man, and a sincere Christian; he deserved
and enjoyed the esteem and love of all who knew (
him. He was descending the Miami river or> the (
28th ultimo, on bis way to Fort Dallas, with a part ;
of his company in open boots —the savages, in am- (
hush on tlie river bank, waited until he arrived ,
within gunshot, when the boats received a volley
from the Indians, who being on an eminence, fired
over them, and no one was injured. Capt. R. im
mediately struck for the opposite shore, and on
reaching it, leaped out on the ground, and turn
ing rouud to address a few words to his men, was
instantly fired at liy several rides, three of which
ttok effect, two in his body, and one just above
the temple, producing instantaneous death. Lieut.
Woodruff, Capt. R’s subaltern, who was some
distance behind heard the firing, and hastening to
the succor of his captain, engaged the Indians for
nearly an hour, when he forced them to retreat.
He then collected his boats, and having obtained
possession of his captain’s body, proceeded to
Fort Dallas.—The Indians were pursued, hut as
usual, their perfect knowledge of the country ena
bled them to esrap". Capt. Russell was clad in
the undress uniform of the infantry, and it was to
this that we may probably attribute his death, as
but one man of the company besides himself was
touched. The loss of the Indians was not known,
tluir number was much greater than lias fought
us together lor a long while. The remains of
Capt. R. were interred with milihuy honors on
tire Ist instant. By intelligence received from
the interior, we learn that Major Noel’s wound
has proved mortal, and thus are we compelled at
the same time to mourn the loss of two brave and
efficient officers, and to acknowledge that “in the
midst of life, we are in death.”
Yours truly,
The Commissioner of Patents, at Washington
city, gives public notice, and requests newspapers
to make the notice current, that the charges here
tofore made in his office, for recording the transfer
of Patents, is done away with.
Another trial to elect a member of Congress in
the fourth district of Massachusetts is to take place
on the Ist of April. The same candidates are
nominated as before, viz. Messrs. Brooks and
Parmenter.
THE GREAT APPEAL CASE
FROM THE DISTRICT OF ALABAMA.
MR. WEBSTER'S ARGUMENT
In the S’ tp rente Court of the IJ. Slate*. Feb. li, 1839.
The record (said Mr. W.) presents this case '•
The Bank of the United States is a corpora
tion created by a law ol t:ic State of Pennsylva
nia.—By that act the Bank, among it’.ier func
tions, possesses that of dealing in lulls of exchange.
In the month of January, 1837, having funds in
Mobile, this hank, through the instrumentality of
its agent, Mr. Poe, purchased a bill of exchange
to remit to N’ow Y ork. This bill, drawn at Mo
bile upon New Y ork, and endorsed by Win. D.
Primrose, lire defendant in this case, not having
been paid cither at New York or by the drawer,
the Bank ol the United States instituted this suit
in the Circuit Court of Alabama to recover the
money due on the hill.
In tlie eourl below, it was decided that the con
tract by Poe in behalf of the hank was void, eu
two grounds: First, because it was a contract
made by the Bank of the United States, in the
S.ate ot Alabama; whereas a bank incorporated
liy the State of Pennsylvania can do no net out of
the limits of Pennsylvania; secondly, because Al
abama has a hank of her own, the capital of which
is owned by the State h rself, which is authorized
to buy and sell exchange, and from the profits of
which she derives her revenue; and, (lie purchase
of bills of exchange being a banking operation,
the purchase of such hills by others, at least by
any corporation, although there is no express law
forbidding it, is against the policy of tlie State of
Alabama, as it may be inferred from the provis
ions of tlie Constitution of that State, and the law
made in conformity thereto.
It is admitted that the parties are rightfully in
court. It is admitted also that the defendant is
a citizen of Alabama, and that all the citizens
who compose the corporation of the Bank of the
United States are citizens of the State of Pennsyl
vania, or of some other State besides Alabama,'—
The question is, can they as a corporation do any
act within the State of Alabama I In other words,
is there any thing in the Constitution or laws of
tlie State of Alabama which prohibits, or rightful
ly can prohibit, citizens of other States or corpo
rations created by other States, from buying and
selling bills of exchange in tlie State of Alabama]
In his argument, yesterday, for tlie defendant
in this case, my learned friend (Mr. Van de Graff;
asked certain questions, which I propose to an
swer.
Can lids bank (said he) transfer itself into the
Slate of Alabama I Certainly not.
Can it establish a branch in the State of Ala
bama, there to perform the same duties and tran
sact the same business in all respects as in the
State of Pennsylvania ! Certainly not.
Can it exercise in tlie State of Alabama any of
its corporate functions 1 Certainly it can. For
my learned friend admits its right to sue in that
Slate, which is a right that it possesses solely by
tlie authority of the Pennsylvania law by which
the bank is incorporated.
We thus dear the case of some difficulty by
arriving at this point, the admission on both sides
that there are certain powers which the bank can
exercise within tlie State of Alabama, and certain
others which it cannot exercise.
The question is, then, whether the bank cun' 1
exercise, within the State of Alabama, this very
power of buying a hill of exchange.
Our proposition is, that she can buy' a hill of
exchange within the State of Alabama: Because
there aic no corporate functions necessary to the
a-t of buying a bill of exchange: Because buy
ing and selling exchange is a thing open to all
the world, in Alabama as well as every where I
else: Because, although the power to buy and
sell hills of exchange be conferred upon this Bank
by its charier, and it could not buy or sell a bill
of exchange without that provision in its chart! r,
yet this power was conferred tq on it, as were j
other powers conferred by its charter, to place the
Bank upon the same footing as an individual —to ]
give it not a monopoly, not an exclusive privi- }
lege, in this respect, hut simply the same power
which the members of the corporation, as individ- ;
j uuls, hive an unquestionable right to exercise.
The banker, the broker, tbe merchant, the manu
facturer, alt buy bills of exchange us individuals :
tbe individuals who compose a corporation may
do It: and wo say that they may do it, though
they do it in the name of, and for the corporation.
Wo say undoubtedly, that they cannot acquire
power under the Pennsylvania charter to do acts
in Alabama which they cannot do as individuals;
but wo say that the corporation may do in their
corporate character, in Alabama, all such nets au
thorized by their charter, as the members thereof
would have a right to perform as individuals.
The learned counsel on the other side was cer
tainly not disposed to concede, gratuitously, any
thing in this ease. Vet, he did admit that there
might be a case in which the acts of a corpora
tion, created by one State, if done in another
State, would be valid, lie supposed the case of
a railroad company in one Slate sending an agent
into another State to buy iron for the construc
tion ol the road. \\ .tbout conceding expressly
the point of law in that case, be admitted that it
would be a c sc very dilfercut from the present;
and he gave as a reason for this admission, that
it would he a single special act,necessary toon
able the corporation to execute its functions with
in the State to which it belonged, and iu this
respect differing from the ease now under con
sideration. In what circumstances, it may well
bo asked, do the eases dlifer 1 One act only of
the corporation of the Hank of the United States
is set forth in tins record, and that act stands singly
and by itself. There is no proof before the court
that tbe corporation ever bought another bill of
exchange than that which is the subject ol this
suit. Transactions of Ibis nature must neces
sarily conic one by one before ibis court, when
they come at all, and must stand or fall on their
individual merits, and not upon the supposition
of any policy, which would recognize the legality
of a single act, and deny the validity of tbe deal
ings, or transactions generally, of which that act
is a part.
Then, as to the other reason stated by my
learned friend, in support of the idea, that such a
purchase ol iron might be supported ; he says it
is, because, that, in that case, the purchase being
made abroad solely to enable the corporation to
perform its functions at home, might be consider
ed legal, under the law of comity from olio State
to another.
Now, (said Mr. Webster.) that supposed case
is precisely the case before the court, licie is
the case of a corporation established in Philadel
phia, one of whose lawful functions is to deal in
exchange. A Philadelphia merchant having com
plied with the order of his correspondent in Ala
bama, draws a bill upon him for the amount due
in consequence, goes to the flank of the United
States and sells that bill. The funds thus rea
lized by Ihe bank from the purchase of bills of
exchange accumulate in Alabama. How are
those funds to be brought back by the Philadel
phia corporation within its control ! The Hank
has unquestioned power to deal in bills of ex
change. Can there be such a thing as dealing in
exchange, with a power to act only on one end ol
tiic line 1 Certainly not. How, thou, is the
Hank iu Philadelphia to get its funds back from
Alabama 1 Suppose that it, were to send an agent
there, and buy specie, fan the Bank ship the
specie 1 Can it sign an agreement for tbe freight,
insurance, and charges of bringing it round ! To
do that would be an act of commerce, of naviga
tion—not of exchange. A powcrconferrcd upon
a bank to deal in exchange would be perfectly nu
gatory, unless accompanied by a power also to
direct its funds to be remitted. The practical re
sult of a contrary construction would bo, that
this Pennsylvania Bank may carry on exchange
between Philadelphia and Reading, or Philadel
phia and Lancaster, but not by possibility with
Mobile, or any other city or place in the South,
or even with Now'-York, Trenton or Baltimore.
Out of Pennsylvania it could only buy and re
mit. It could get no return. An exchange that
runs but one way ! What sort of an exchange
is that?
Having cleared (be case of some of these gene
ralities, .Mr. Webster proceeded to the exposition
of what he considered a constitutional American
view of the question.
The record of this case finds that these plaintiffs,
the members of the corporation of the Bank of the
United States, arc citizens of other States, and
that tbe defendant is a citizen of Alabama. Now,
in the first place, (to begin with the beginning of
this part of the question,) what arc Ihe relations
which the individual citizens of one State bear to
the individual c itizens of any other State of this
Union 1
How did the matter stand before the Revolution!
When these Slates were colonies, what was the
relation between the inhabitants of the different
colonics! Certainly it was not that of aliens.—
They were not, indeed, all citizens of the same
colony ; but certainly they were fell nv subjects,
and owed a common allegiance; and it was not
competent for tbe legislative power to say that the
citizens of any one of the colonics should be alien
to the other. This was the stale of the case until
the 4th of July, 1771 i, when this common alle
giance was thrown off. After a short interval of
twoyoars —after the renunciation oflhat allegiance
—the articles of confederation were adopted ; and
now let us sec what was the relation between the
citizens of the different States by the articles of
confederation. The Government had become a
confederation. But it was something more—much
more. It was not only an alliance between dis
tinct government for the common defence and
general welfare, but it recognised and confirmed a
community of interest, of character, and of privi
leges, between the citizens of the several States.
“ The bettor to secure and perpetuate mutual
friendship and intercourse among the People of
the dilfercut States in this Union,” said tbe 4th
of tbe articles of confederation, “the free inhabit
ants of each of these States shall be entitled to all
tbe privileges and immunities of free citizens in
the several States; and the People of each State
shall have free ingress and egress to and from
any other State; and shall enjoy therein all the
privileges of trade and commerce,” &c. This
placed the inhabitants of each State on equal
ground as to the rights and privileges which they
might exercise in every other State. So things
stood at the adoption of tin; Constitution of the
United States. The a tide of the present Consti
slitution, in fewer words and more general and
comprehensive terms, confirms this community of
rights and privileges in the following form: “The
citizens of each Stale shall be entitled to all the
privileges and immunities ufiili/cns in tbe sever
al Stales.” However obvious and general this
I provision may be, it will be found to have some
j particular application to the case now before the
1 court; the aiticln in the confederation serving as
the expounder of this article in the Constitution.
That this article in the Constitution does not
| confer on the citizens of each State political rights
in every other Stale, is admitted. A citizen ot
Pennsylvania cannot go into Virginia and vote
at an election in that State; though, when be has
acquired a residence in Virginia, and is otherwise
qualified, as required by her Constitution, be be
; comes, without formal adoption as a citizen of
, Virginia, a citizen cf that State politically. Rut,
for flic purposes ol trade, commerce, buying, and |
selling, it is evidently not in the power of any I
Stale to impose any hindrance or embarrassment, I
or lay any excise, 1011, duly, or exclusion, upon I
citizens of other States, to place them, coming <
there, upon a different footing from her own
citizens. I
There is one provision, then, in the Constitu
tion, by which citizens of one State may trade in
another without hindrance or embarrassment. i
There is another provision of the Constitution
by which citizens nt one Slate are entitled to sue
citizens of any other Slate in the courts of the <
U. Stales. i
Here, then, are two distinct constitutional pro- ,
visions conferring power upon citizens of Penn
sylvania and every other Stale, as to what they i
•may do in Alabama or any other State: citizens i
of other States may trade in Alabama in what- .
soever is lawful to citizens of Alabama; and. if, i
in the course of their dealings, they have claims
on citizens of Alabama, they may sue in Ala
bama in the courts of the United States. This
is American, constitutional law, independent of
all comity whatever.
By the decisions of this court it lias been set
tled that this light to sue is aright which maybe
exercised in the name of a corporation. Here is
one o! their rights then, which may ho exercised
in Alabama by citizens of another State in the
name of a corporation, [f citizens of Pennsyl
vania can exercise in Alabama the right to sue,
iu the name of a corporation, what hinders them
from exercising in the same manner this other
constitutional right, the rig.il to trade! If it
be the established right of persons in Pennsyl
vania to sue in Alahan a in the name of a corpo
ration ! It no reason to (lie contrary can he giv
en, then tlie law in the one case is the law also
in tlie other.
My learned friend says, indeed, (hat suing and
making a contract arc difli.rent things. True;
but tins argument, so far as it Ims any force,
makes against his cause: Pur it is a much more
distinct exercise of corporate power to bring a
suit, than by an agent to make a purchase.—
V, hat does the law take to lie true when it says
that a corporation of one State may sue in anoth
er ! Why. that tlie corporation is there, in court,
ready to submit to the court's decree, a parly on
its record. Putin tiio caaeof the purchase of the
bill of exchange, sucli as is the subject of this
suit, what is assumed ! Jv T o more than that
George Poe bought a hill of exchange and paid
the value of for it on account of his employers
in Philadelphia. tSo far from its being a mare
natural right for a corporation to be allowed to
sue, it is a more natural right to be allowed to
trade in a State in which the corporation docs not
exist. What is the distinction 1 Buying a hill
of exchange is said to bo an act, and therefore the
corporation could not do it in Alabama. Is not
o suit an act! Is it not doing! Docs it not in
truth involve many acts !
The truth is, that this argument against the
power of a corporation to do acts beyond the ter
ritorial jurisdiction of the authority by which it
is created, is refuted by all history as well as by
plain reason.
vVhat have all the great corporations in Hug
land been doing for centuries back I The, Eng
lish East India Company, as far back as the reign
of Elizabeth, has l-eeii trading all over the East
ern world. That company traded in Asia before
Great Britain had established any territorial gov
ernment there, and in other parts of the world
where England never pretended to any territorial
authority. The Bank ot England, established in
1094, has been always trading and dealing in ex
changes and bullion with Hamburg, Amsterdam
and oilier marts of Europe. .Numerous other cor
porations have been created in England for the
purpose of exercising power over matters and
tilings in territories wherein the power of England
has never been exerted.—The whole commercial
world is full of such corporations, exercising si
milar powers, beyond the territorial jurisdiction
within which they have legal existence.
I say, then, that the right, secured to the peo
ple of Pennsylvania, to sue in any other State in
the name of a corporation, is no more clear than
this other right of such a corporation to trade in
any other State; nor even so clear; it is a further
fetched legal presumption, or a much greater ex
tent of national courtesy or comity, to suppose a
foreign corporation actually in court, in its legal
existence, with its legal attributes, and acting in
its own name, than it is to allow an ordinary act
of trade, done by its agent, on its own account, to
be a valid transaction.
The argument here is, that citizens may exer
cise their rights nifsueing, as such citizens, in the
name of their corporation; because, in such a
name, the law recognises them as competent to
engage in transactions, hold property, and enjoy
rights proper for them as citizens,
If the court agree in this language of its own
opinion as far back us the year 18(19, it must be
admitted that the rights of the people of Pennsyl
vania, as citizens of the United States, are not
merged in the act of incorporation by which they
are associated, ami under which they arc parties to
tins suit. If there ever was a human being that
did nut argue io the obscure from the more ob
scure, it was certainly the great Chief Justice of
IJ, Slates. And what was bis argument to prove
that the citizens of one Stale, may sue in another
by a co.poratc name I It is us 1 have said, that
they may sue 1 y a corporate name, because they
can do acts out of court by a corporate name;
whilst, directly revet sing this conclusion, it has
been held in this ease, in the court below, that,
whilst a corporation of one Slate may rightfully
sue into another Slate, it cannot do any other act
therein.
In this view of the case (said Mr. W.) I sec
no occasion to invoke the law of comity or in
ternational courtesy to our aid. Here our case
stands, independently of that law, on American
ground, as on American question.
Mr. W. here, referred to an opinion of this court
directly bearing on this question. Jt was the
case of the Bankoflho United States vs. Deveaux,
decided in 18(;9. The bank here mentioned,
was the lirst Dunk of the United States, which
hail not, like the last, express authority given in
its charter to sue iti the < ourts of the United Stales.
It sued, therefore, as this plainlilf sues, m its name
as a corporation; but with an averment, as here,
that its members were citizens of Pennsylvania,
the action being brought against a citizen ol Geor
gia. The only question was, whether the plain
tiffs might nut exercise their constitutional right
to sue in the courts of the United Slates, although
they appeared in the name of their Pennsylvania
corporation ; and the court decided that they
might. “Substantially and essentially,” said
Chief Justice .Marshall, “the parties in such a
case, where I lie members of the corporation are
aliens, or citizens of a different Slate from the op
posite party, come within the spirit and terms of
the jurisdiction conferred by the Constitution on
the national tribunals.”—“That corporations
composed of citizens are considered by the Legis
lature as citizens, under certain circumstances, is
tube strongly inferred from the registering acts.
It never could l«e intended that an American rc
gisterrd vend, abandoned to an insurance om-
——— Ha—l -
panv composed of citizens, should lose her chnrno
lor as an American vessel; and yet this would he
the consequence us declaring (hat the memhers of
the corporation were, to every intent and purpose, 1
out ol view, and merged in the corporation.” J
Now, as to the reason of the case. What
possible difference can it make, if these citizens of
Pennsylvania can trade, or buy and si’ll hills, in
Alabama, whether the trading, or buying and sell
ing, be under one agency or another I—That Poe ,
(theagent of the Bank of the United (Slates at .
Mobile) could, under a power of Attorney from a i
citizen of Philadelphia, liny and sell bills of ex- f
change in Alabama, will not he denied. If, with
out an act of incorporation, several citizens of
Philadelphia should form an association to buy |
and sell bills of exchange, with five directors or
managers of its concerns, those five directors tney 1
send as many agents ns they please into other
States to buy bills of exchange, &c. Having
thus formed themselves into this associated com
pany, and appointed aginls for the purpose of
transacting their business, if they should go one
step further, and obtain a charter from Pennsyl
vania, that their meetings and proceedings may be ]
more regular, and the acts of the association
more methodical, what would be the dill'erencc, 1
in the eye of reason, between the acts of the mem- .
hers of such a corporation, and the acts of the
same individuals associated for the some purposes
without incorporation, and acting by common
agents, correspondents or attorneys ! The officers
of a Bank arc but the agents of the proprietors;
and their purchases and sales are founded upon
their property, and directed by their will, in the
same manner as the acts of agents of unincorpo
rated associations or partnerships. The Girard
Bank, we all know, was never incorporated unt 1
alter Mr. Girard's death; yetjls proprietor, during
a considerable part of his life,and until his death,
acted as a Banker. Could he not, during his life,
send an agent into Alabama, and there purchase
bills of exchange 1 And if his neighbors over
the way chose to ask for an act of incorporation
from tile [Stale of Pennsylvania, are they thereby
any less entitled to the privileges common to nil
other citizens, than Stephen Girard was!
1 agree, certainly, generally, that a State law
cannot operate cxterrilorially, as the phrase is.
But it is a rule of law that a State authority may
create an artificial being, giving it legal existence ;
and that that being, thus created, may legally sue
in other Stales than that by which it is created.
It follows, of course, as a consequence of the right
of suit in another State, that it may obtain judg
ment there, If it obtain judgement, it may ac
cept satisfaction of that judgment. If a judgment
be obtained in Alabama by the Bank of the 1 Jnitrd
States, would not an acknowledgment of satisfac
tion by an agent of the Bank he a satisfaction of
the decree of the Court'! How is the fruit of a
suit to he gathered, iflhcUank, by its agent, can
not do this act ! What benefit can it he to this
Bank to be allowed to sue in Alabama, if it can
not lake the money sued for! But it is said by
the court below, that it cannot recover money in
Alabama, because it cannot do an act there ! Ac
cording to this argument, although the power to
appeal to law, and the power to recover judgment
exist, yet the fruettu tigis is all dust nud ashes.
On the commercial branch of this question,
(Mr. Webster continued) he would pay hut little.
But thus much he would say : The State of Al
abama cannot make any commercial regulation
for her own emolument or benefit, such its should
create any difference between her own citizens
and citizens of other Slates. He did not say that
the State of Alabama may not make corporations,
ami give to them privileges which she does not
give to her citizens. But he did say that she
cannot create a monopoly to the prejudice ofcili
zens of other States, or to the disparagement or
prejudice of any common commercial light. Sup
pose that a person having occasion to purchase
hills of exchange should not like the credit of hills
sold by the hank of Alabama; or suppose (what is
within the reach of possibility) that the Bank of
Alabama should fail; may not a citizen buy hills
elsewhere? Oris it supposed that the Stale of
Alabama cun give such a preference In any insti
tution of her own in the buying and selling ofex
change, that no exchange ran he bought and sold
within her limit hut by chat institution? It
would he doubtless, doing the Stale great injustice
to suppose that she could entertain any such pur
pose.
Tv he concluded to-morrow.
Impoutaxt I v vkxtiox.—Several experiments
have lately been made in presence of n number of
noblemen and gentlemen of rank, with a curious
invention, having for its object the prevention of
accidents from horses in harness taking fright or
wilfuly running away. The machinery, with hut
trilling expense,can he applied to carriages, cabs, or
any other description of vehicles, and its mode of
operation is as follows:—A spring ora silken line
similar toa hell pull, affixed to the most convenient
part of a carriage or cab, an! attached underneath
the conveyance to a spindle or small steel bar near
the axle-tree. This spring being tone bed, or line
pulled, immediately causes the spindle to set in
motion two small cog-wheels, which act on each
other, and which faro close to the nave of the
wheel, and thus a pair of reins manufactured of
cntcut,aud covered with leather from the horses’ hit
and attached to the spindle, are wound up on the
principle of a crane, in a few sc ends, and the
wild career oft! c rcstiveanimuls stopped, yet at the
same time so gradually as not to injure them by
bringing them too suddenly on their haunches.
The operator must keep the line in his hand
until the object he elicited, and instantly on his
releasing the same from his grasp, the check on !
the horses will he removed, and the animals set
at liberty.
It is staled that a child inside the car i.ige ran,
with ease, and pleasure stop the most spirited and
powerful cuttle, supposing the reins to he broken,
or the coachman’s command over n vicious or
unruly team lost. The invention is patented.—
Lon deni A!/or.
Consignees per South Carotinn ifr.il Komi
Ibut sum;, March 31, ISJi).
W. K fc ,1,1 . Jackson, T. Dawson, Hand fs
Scranton, D’Antignac k 11 ill, \V. Battier, .1. S.
Hutchinson, Moore & Davis, R. C. Baldwin, Gould
k Hulklcy, I!. VV. force, llungerford, frisky k Co.,
A. Cumming. Hnthhono & Baker, Stovall & Sim
mons, I)., J. K. James, D.,.1. S. Mai tin. S. Hudson,
P., Itaiid {,■ Howland, Reese A Beal), If. I„ Jeffers,
J, f. Benson, Ceo. Parrott, M. R. Smith,ld. Mc-
Donald, terrett & Voting, K. U. & Co., 11. K. D.,J.
K. Thompson:
1 lJ "’’?■'* 1 '?■ « •-■■■ -w-wrj* m rMßwwis^
MARINE INTELLIGENCE.
Charleston, March 21.
Arrived ye <tcrdayj~—Y.\\ barque Chieftain, Droved,
Newport, (Wall**) Monncgon, Norris,Matnn
zas; schr. A. Polly, Cook, Wiliningtol), (N.
; schr. Umpire, Sonthwkk*, St. Augustine.
C lffaretl. —Ship CSnuiJ Tuik, Thompson, Havre;
; hr. barque Ahcrrn nibie, L ie, Liverpool; barque
Urafi), Noble, Matnnzas; brijr Alpha, Thomas, Ha
vanas hrijr Ro.wse, Cady, Havana; bn-'Catharine, j
Rom:, West [relies; I Pi ioc e, > o!>He; !
1 line I ri< ( hapmon.Thompson, New ciir m ; 'p. i
* schr. Ter*.. R«a|io,C.-nari- I land. .
ADMINISTRATRIXES NOTICE.
VI, I, persons having claims against Noah Smith,
deceased, late of Augusta,!lroigia. arc hereby
required to hand in an account of their demand',
within twelve months from this date, to A. J. & T.
W. Miller, Ksq., or to the undersigned.
M ATII.DA A. SMITH, Adrn'x.
Augusta, March in. 1 H3oh If
NO TICE,—AII persons indebted to the estate of
John Hatfield, deceased, late of 1 i hnioi.d
county, are requested to make immediate paymei I,
and those having demands against said cstats are
requested to render them in within the time pre
scribed hy law. JESSE KENT,
March (i. Cw Administrator.
A ( AIII).
raxil id citizens of Augusta and its vicinity are
J respectfully infmlned, that the undersigned
euntompiates opening a SCHOOL, for a select num
ber of pupils, to be taugbt in the primary, com
monraml higher brunches of an English education,
at his former room, south side of Ellis, a few
doors be'ow Centre street.
Exercises to commence ort Monday, the Ist of
April next.
Special arrangements will he made to admit pu
pils of I Oth sexes; each having departments for
study and retirement whal y distinct fn nr the oth
er.
N. IS. 'l ire school roemi is now opened daily at
the usual hours, and at night.on Monday, Tuesday
and Thursday of each week, for such young gen
tlemen as wish to receive private lessons,
fob 7-law ts C f 11US PIKE.
\vhoi7es.vx.i: .iat u aue-iioim ,
Nv. 201 Market street, Philadelphia.
THOMAS KVASS &■ Co., (late Pan-
I kin ft Evans, Augusta, (1a.,) take p east
urc in informing their friends thruughoii-
Georgia, Candina, and Mahama. (hat
they have located themselves in Phiiu
dclphia,whore they manufacture and Ire; pun bind
a large a aorlmcnf of Hals and ( aps.uf all deseii;.-
liois, wbieh they wi I sell at v. holesaC, at such
piieesamlon sin h terms as will satisfy tliosc who
may favor them with their orders. They woo'd
respertful'y invite those merchants win buy in the
northern markets, to give them a caT, rs they fei 1
ronl'ident their stock will a tra t the a Utkina • f
buyers. Till -MAS EVANS <V. to.
dec 21 swtf
(rj- The Milledgaville Journa’, Mobile Chroniriv .
Montgomery ( \la.) Advertiser,andChar'csh n on -
rirr, will publish tire above twice a week furtw •
in mlhs, and charge this office. Each paper i> re
quested to send a paper containing tire advertise
ment to the advertisers in Philadelphia,
milK HOWARD INSI’RANCE CCMPANV—
| jVe'e Oipitat. ij' y3'.)0,()00 —I Hire No. .0 4 W cTf
street, New t ork. This Company continues to in
sure against loss and damage by Eire, an 1 Ibr ha
zards of Inland Navigation,
DIBCCTOUS.
It. Havens, President, Cornelius VV. lan mice,
Najah Taylor, Win. Couch,
,1. Phillips Pheuix, John Morrison,
David Lee, I ale!) O. Kalst'd,
Win. VV. 'Todd, .Icdriel Jaggar,
Moser Allen, it. L. Woolley
Micah llaidwin, Joseph Ctis,
Fanning . 'Tucker, .1 eigs D. I'.euiprni*,
John i cukilt, Jot n D. Wolfe.
It, 11. Va.nuin,
LEWIS PHILLIPS, Secretary.
The se.bsi viler is prepared to take Eire ard live
risks, as Agent of the above urnpany, at the eur-.t
rent rates of premium.
JAMES U. lIISHOP, Agent
nov 21 6mW oft he 11. Ins. Co.
lieu. It. itcaii A Hanking to. j
Hrnnch st Augusta. 5
DEPOSIT EV in sums of I've huud.ed dollars
and upwards, bearing an interest of six per
cent, per annum will be received at this ( like,
fur periods not less than ninety days, subject to the
orderof tire depositors on receiving ten days notice
of their intention to withdraw.
BOV 20 tv If J. W. WILDE., Cashier'.
rjJNUE subscriber contcniplat'ng a chan; e in his
£ l udness, oilers fur sale The August 1 Hoik
slme ICdahHshmcnl, with Hi ■ entire a-sorlrneitof
valuable publications, School books, anil articles i,f
Stationary connected with it. 'The wlro’e vrcuH
be dispo«i d of on rea o, able terms, and if roqidred,
a credit fur a part of tire amount of stock would be
giv, n.
Also, lor sale, tie following tracls of Landr
('tie Cold tract, -1 > acres, No. IMS, Kith district,
2d section,Cherokee county.
( ne t act No. 92, 190 acres in the 1 hth dist; h t, of
Irwin county.
Cnc tract 490 acres, No. id, in the fist district,
of Wayne county—tire three tracts granted to the
subscsibcr. it M. J. IU'UHY.
mat 21) w3l
V[f)TICE is hereby given that the City Taxes
for the present year arc now due, and that
Hie Collector and Treasu er will call on the citizens
for payment, and persons failing to discharge them
when called on, will be dealt with as the ordinance
directs. JOHN 11. MANN,
fob Hi sw2m Cullec tor and Treasurer C. A.
WESTERN INNER A N<' E & TRENT CO.
Caiutai. $1,000,000—«!K)O,000 paid in.
Private properly of Stoeklwldere liable.
rjIHE undersigned having been appointed Agent
B for tbo Western Insurance It'Trust ompany
of Columbus, (la., is prepared to take Fire, Murine ,
Inland Sari patina and Life Risks, a I a.i law rah a
us any nlhrr retptm.iihle Ct.ntpaay,
All lorses sustained by this agency will be
promptly adjusted here.
WM. M. D’ANTIGNAC,
Augusta, February 20 jwimj Agent.
n_A I'MTl.l) STATES HOT EE.
fyinroiiija Broadest, opposite the Bank ts Avpunta.
I- 1 ' M 01 The subscriber, (recently from Hie (Hole
Hotel, ) begs leave to inform bis friends and the
public generally, that be has liken possession, ard
is now the proprietor of Hint well known -land
called the VSiih'.U STATUS HOTEL, situat-d
on Hroinl-street, where lie liuj es, with strict alien
lion to business, tu receive a liberal share of public
patronage. I) MIX EK.
N. 11.—Tor particulars of the order of this house,
viz: hed-rooms, table, servants, kc. ire., lie leaves
wholly for his guests tr decide,
march 19 vv Hi 11
OEOKCIA EI.IIE WORKS.
rjNHE subserihers respectfully inform t 1 « public
S that tin y have eorumeueod the manufactory of
LIME near Jaeksonborough,ln Neiiven county.!,a.
They have extensive quarrii s of Him utene, vvbii b
is consider! d by professor J. I!. (kitting. State Gegl*
ogist, to whom the proprietors ae imlel tid for the
information vvliieh induced them to embark in the
undertaking, tu be of the very purest kind. They
have consequently ereebii i. rgc and substantial
Kilns in the most approved manner, 1 nd procured
men from the North who are perfectly acquainted
with the business. \; o. tiou of the Lime is now in
marten ami bus been pioliourieed by the principal
builders in tire neighborhood of Augusta, and others,
to he of excellent quality. The subscribers take
pleasure in inviting C ose who take in interest in
the devebipemeiitofthe internal resources of Geor
gia, to examine it, being convinced that the whole
Eiiited States cannot produce a more beautiful arti
cle.
They have now a quantity on hand, which Kiev
will deliver at the mouth of Drier C reek oil trie Nv.
vanuali liver, or at Augusta. Having extensive,
preparations in progress, they ex;iect to be able du
ring the next winter and spring to supply aiders to a
very large r.moi.rt ; end they have every reason to
believe that they will entitle themselvr s in the favor
and p itionage of f e public by p educing a cln ajier
and belter article at home than can !>e found
fdiioal.
( idois will be icccivid by D. Kirkpatrick ft Co
nrbvTlios. 1.. J mill) at Augusta, or Jack sou! oro , >
• OKNELU S ft SMITH
My 7 Caud&vvtl