officer of infpeflion, of the port where it shall be intended to com- I
ineuce the delivery of the spirits so entered, or any part thereof : |
for which purpole, every proprietor, importer orconfignee, mak- I
mg such entry, (hall deliver iwu manifeits ol tiie content] (upon J
one of which the said certificate shall be given) and shall at the
time thereof declare the port at which the laid delivery (hall be lo
intended to be commenced, to the colle&or or offic r with whom
the fame shall be made. And every permit granted by such col
lector, lor the landing of any of tiie laid lpirits, lhall, previous lo
such landin", be produced to the said officer of mfpedion, who
shall make a minute in some proper book, of the contents thereof,
and shall endorse thereupon the wofd " ihspiciid," the time
wlun, and his own name ; after which he shall return it to the
peifon by whom it lhall have been produced ; and then, and not
otherwise, it shall be lawlul to land the fpiriis iheieiri fpecified ;
and if the said fpiriis shall be landed without luch endorsement
"upon the permit for that purpnfc granted, the malier or peifon
having charge of the (hip or vessel Irom which the lame shall nave
been so lariaed, shall, for every such offence, forleit the turn of
five hundred dollars.
And be it further enacted, That whenever it shall be intended
that any ship or vessel lhall proceed with the whole or any part
of the fpiriis which shall have been brought in such ship or veffei
from any foreign port or place, from one port in the United States
to another port in the said United States, whether in the fame or
in different diftrifts, the malier or person having the command
or charge of such ship or vessel, shall, previous to her departure,
apply to the officer of infpeftion, to whom report was made, for
the port from which she is about to depart, for a certificate of the
quantity and particulars of such of the said fpiriis as shall have
been certified or reported to him to have been entered as imported
in such ship or vessel, and of so much thereof as lhall appear to
him to have been landed out of her at such port; which certifi
cate the said officer shall forthwith grant. And the malter or
person having the command or charge of such snip or vessel, lhall
-within twenty-four hours aftei her arrival at the port to which
she shall be bound, deliver the said certificate to the proper officer
of iufpe&ion of such last mentioned port. And it such ship or
vessel lhall proceed from one port to another within the United
States, with the whole or any part of the spirits brought in her as
aforefaid, without having firft obtained such eernficate ; orif with
in twenty-four hours after her arrival at such other port, the laid
certificate shall not be delivered to the proper officer of infpeftion
there, the inafter or person having the command or charge ot the
said ship or vessel, shall in either cafe forfeit the sum ot hve hun
dred dollars; and the spirits on board ot her at her laid arrival,
shall be forieited, and may be seized by any. officer of infpeCUoii.
And be it further cna&ed, That all spirits which shall be ns
portec as aforefaid, shall be landed under the infpeftion ot the
officer or officers of infpedtion for the place where the fame lhall
be landed, and not otherwise, on pain of forfeiiure thereof; tor
■which purpose the said officer or officers lhall, at all realonable
times, attend ; Provided that this lhall noL be conltiued to ex
clude the. infpettion of the officers of thecuftomsas now eftablilh
ed and praftifed.
And be it fuither cnafted, That the officers of infpeftion under
whose survey any of the said spirits lhall be landed, lhail up,on
landing thereof, as soon as the calks, vclfels and cases containing
the fame shall be gauged or m.afured, brand or otherwise mark
in durable characters, the several casks, vcffels or cafcs containing
the fame, with progressive numbers ; and also with the name ol
the ffiip or vessel wherein the fame was or were imported, and of
the port of entry, and with the proof and quantity thcreot ; toge
ther with such other marks, if any other (hall be deemed
as the refpeflive fupcrvifors of the revenue may dire£t. And the
said officer shall keep a book, wherein he shall enter the name ot
each vessel in which an> of the said spirits lhall be so imported
and of the port of entry and of delivery, and of the mailer ot luch
vessel, and of each importer, and the several casks, vessels and ca
ses containing the fame, and the marks of each : and if such offi
cer is not the chief irifpe£tor within the survey, he lhall as soon as
may be thereafter, make an exact iranfeript of each entry, and
deliver the fame to such chief officer, who shall keep a like book
for recording the said tranfeript.
(To be continued.J
CONGRESS.
HOUSE OF REPRESENTATIVES.
FRIDAY, Feb. 4.
The HANK BILL under cons deration.
MR. BOUDINOT faidhe meant to confine
himfelf to two or three great points on
which the whole argument appeared to him to
reft. He considered the objections to the bill as
pointed against its constitutionality and its ex
pediency. It was efl'ential he observed, that
every member fliould be fatisfied as far as poflible
of the firft, for however expedient it might be, if
it was clearly unconstitutional the bill (houlcl ne
ver receive thefaniSion of the representatives of
the people. He would in a great measure refer
its expediency, if constitutional, to the experi
ence of every gentleman of the House, as the
1110 ft fatisfacftory proof on that head, and he con
ceived there was no need of much argument in
fupporc of its decilion—The firft queltion then
was—ls Congress vested with a power to grant
the privileges contained in the bill ? This is de
nied and ought to be proved. In order to fhevv
in what manner this fubjecfthad struck his mind
he firft laid down these principles.
Whatever power is exercised by Congress must:
be drawn from the constitution ; either from the
«!Vrprefs words or apparent meaning, or from a
neceflary implication, arising from the obvious
intent of the framers.
That whatever powers (vested heretofore in
any individual State) not granted by this instru
ment are still in the people of such ilatp and can
not be exercised by Congress.—That whatever
implication dettroys the principle of the confti
tuiion ought to be rejeifted.—Tliat in conihuing
an instrument the different parts ought to be so
expounded as to give meaning to every part
which will admit of it.
Having dated these preliminaries, fr.r. Bou- j
dinot proceeded to enquire, what were the pow
ers attempted to be exercised by this bill ? for
until the powers were known the quellion ot
constitutionality could not be determined.
By it Coiigrefs was about to exercise the pow
er of incorporating certain individuals, thereby
establishing a Banking Compauy " for fucccfsfull}
conducing th; finances of the nation
The next enquiry is—What rights will this
Company enjoy in this new character, that they
do not enjoy independent of it ?—Every indivi
dual citizen had an undoubted right to purchase
and hold property, both real and personal, to
any amount whatever—todifpofe of this proper
ty to whom and on Vhat terms he pleased—to
lend his money (in legal interest to any person
willing to take the fame, and, indeed, to exer
cise every power over his property that was con
tained in the bill. Individual citizensthen, hav-
ing these powers, might also aliociate together
in company or copartnerfliip and jointly exer
cising the fame rights—might hold lands in joint
tenancy or as tenants in common to any amount
whatever—might put any sum of money into
joint stock—might iff'ue their notes to any amount
—might make bye-laws or articles of copartner
fhipfor their own government, and finally, might
set up a bank to any amount, however great, and
no authority in the government could legally in
terfere with the exercise of these rights. The
great difference between this private aflociation
of citizens in their individual capacities, and the
company to be created by this bill, and which is
held up in so dangerous a light, is, that the one
exposes the company ro the neceflity of ufingeach
individual's name in all their tranfatftions —suits
mult be brought in all their names—deeds mufl
be taken and given in like manner—each one in
his private estate is liable for the default of the
reft—the death of a member dilfolved the part-
nerlhip as to him—and for want of apolitical ex
igence, the union may be dillolved by any part
of its members, and of course many obvious in
conveniencies must be fnffered merely of an of
ficial kind. By the bill, thcfe difficulties are to
be removed, by conveying three qualities to them.
ift. Individuality, or constituting a number of
citizens into or.e legal artificial body, cabable by
a fictitious name, of exercising the rights of an
individual
2d. Irresponsibility in their individual capa
city, not being answerable beyond tlie joint cap
ital.
3d. Durability, or a political existence for a
certain time, not to be aftedted by the natural
death of its mejnbers.
These are the whole of the powers exercised,
and the rights conveyed. It is true these are con
venient and advantageous to the company, but
of trifling importance when considered as a right
or power exercised by a national legislature, for
the benefit of the government. Can it be of any
importance to the state whether a number of its
citizens are considered in legal contemplation as
united in an individual capacity, or Separately
as so many individuals, especially if the public
weal is thereby promoted. By their irrefponfi
bility being known, every person dealing with
them gives his tacit consent to the principle, and
it becomes part of the contract. And by politi
cal duration, their powers and abilities are lim
ited, and their rights relhiifted, so as to prevent
any danger that might arise from the exercise of
their joint natural right, not only as to the amount
of their capital, but as to the bye laws they might
make for their government.
A private bank could make contrails with the
government, and the government with them, to
all intents and purposes, as great and important
as a public bank, would their capital admit of it;
though they would not poflefs fucli qualities as
to juftify the confidence of government, by de
pending on them in a time of danger and necef
lity. This might put it in the power of any in
dividuals to injure the community in its ellencial
interests, by withdrawing the capital when molt
needed. To prevent this and many other incon
veniencies, it is neceflary that a bank for the
purposes of govern ment should be a legally arti
ficial body, poflefling the three qualities above
mentioned.
Mr. Boudinot then took up the Constitution,
to fee if this simple power was not fairly to be
drawn by neceflary implication from those veiled
by this inllrument in the legislative authority of
the United States. It sets out in the preamble
with declaring the general purposes for which it
wa» formed—" The infurancc of domejlic tranquil
ity—pftvifion for the common defence —and promotion
of the general welfare." These are the prominent
features of this instrument, and are confirmed
and enlarged by thefpecific grants in the body of
it, where the principles 011 which the legislature
should reft their after pi oceedings are more fully
laid down, and the division of power to be exer
cised by the general and particular governments
dilliniftly marked out. —By the Bth feifuon, Con
gress has power " to levy taxes, pay debts, provide
If or the commou defence and general -welfare, declare
-jjar, rat ft: and support armies, provide J or andmain
782
tain a navy," and as the means to accomplilh these t
important ends, "to borrow mouty," and finally, "
"to make all laws, necejfary and proper, f or car' A
rying into execution the foregoing powers." 9
Let us then enquire,—ls the conltituting a pab- ■
lie bank lieceflary to these important and eflential '■
ends of government —if so, the right to exercise jfl
the power mult be in the fuprcme legislature. ,ffl
"He argued that the power was not contained iu|fl
express words, but that it was necefiariiy
ced by the itrongefr and molt decilive
tion, because he contended that it was a
means to attain a iitccjfary end. Necellary
tion had led Congress, under the power to
and collect impolt, and taxes, to eitablilh
for the collection—to infuift penalties
those who fhotild defraud the revenue—to
vcileis to enterat one port, and deliver in
—fubjeifted them to various ceremonies in
proceedings, for which the owners were
pay—and he conceived that it was not so
an exertion of power by implication, to
rate a company for the purpose of a bank.
also deduced the right, from the power
ing debts—railing armies—providing for
neral welfare and common defence, for
they were to borrow money. All tliefe
farily include the right ofuling every
necefTary means to accomplilh these
ends. It was certain, he said, that money
be raised from the people : This could, not
done in funis fufficient for the exigencies of
vernment ill a country, where the precious
tals were so scarce as in this. The
general are poor, when compared with
nations—they have a wilderness to fubduc
cultivate—Taxes mult belaid with prudence,
collected with discretion—The
the revenues therefore, by borrowing
becomes absolutely necefTary. Iffo, then
constitution had not fpecified the manner qf
rowing, or from whom the loan
tained, the lupreme legislature of the (Jnion
at liberty, it was their duty to fix on the
mode of effecting the purposes of their
men:. For it was a found principle, thai
a general power is granted, and the means
not fpecified, they are left to the discretion SH
those, in whom the trull is reposed, provided
do not adopt means expressly forbidden.—
public defence, or general welfare, retted on
annual supplies from uncertain revenues,
j expose the very existence of the community.—
is the duty then of those, to whom the
have committed this power, to prepare in
of peace, for the lieceflary defence, in a time mH
war. The United States are now happily in fM
Hate of peace ; but it was impossible for any one 9
to fay, how long it would continue. By prudeolH
management, it might be long preserved ; binH
this prudence consisted in being always found iriH
a state of preparation to defend our country, <9
The conftirution contemplates this very dutjflH
by authorising Congress ro provide for the cohmH
mon defence, by borrowing of money. WhjH
borrow money ? Are not the annual
fufficient ? ft might be so, if nothing was to b|H
attended to but internal wants ; but
defence and general welfare, loudly call for thttH
provision which will produce a constant guard oiH
external enemies and internal
To this necellary end, it becomes Congress tffl
provide that the necefTary means may be alwawH
at hand, by being able to arm their citizens anal
provide for their support while engaged in thwß
defence of their common country. I his can hSM
done only by borrowing money, which is
of citizens or foreigners ; if of the firft, it mnflM
be from individuals, or from private banks
Will it be prudent rotruft to either ? Loans froafl
individuals were attempted during the war, whejMl
patriotism produced a will in lbn.e lenders, anflH
others were glad to get rid of a depreciating pafl
per currency, almoti: 011 any terms whatever. ■■
(To be continued.) 'M
LONDON, Dec. i
The following Letter was addrefled by the late
Dr. Samuel Johnson to Dv. Lawrance, ou
the death of Mrs. Lawrance :
Dear Sir, . J
At a time when all friends ought to fhewthetrj
kindness, with a character which ought to ma
all that know you your friends, you may wonde 3
that you have yet heard nothing of me. _ j
I have been hindered by a vexatious andl in Jj
fant cough ; for which, within these ten days.
have bled once, failed four or five times, ta e i
physic five times, and opiates I think fix.
day it seems to remit. , r
" The loss, dear Sir, which you have lately luN,
fered, I felt many years ago ; and know their-,
fore how much has been taken from you,
how little help can be had from consolation. twj
who outlives a wife whom he has long ove ,
himfelf disjoined from the only nnnd t .at _
the fame hopes and fears and interest ; tronil l
only companion with whom he lias stared 1
good or evil ; with whom he could fe_t his
at liberty, to retrace the past, or antiopa