CONGRESS.
HOUSE OF REPRESENTATIVES
SATURDAY, Feb. y.
The B ANK BILL under cons deration
MR. STONE said : If upon questions like
the present he had given pain to members
he regarded, the)' might be aflured the pain was
reciprocal. Let us cherish mutual toleration.
We might conceive that each pursued improper
fyltems from the purest morives. We differ in
our ideas of government and our sense of the
facrednefs of the written compact. We varied
widely in our opinions of the dire&ion of this
government: The gieat lellon of experiment
would /how who is right ; but we are influenced
in our habits of thinking by our local situations,
and perhaps the diftin<ft interests of the States we
represent. He observed, that upon the present
occasion the opinions refpedting the constitution
seem ro be divided by a geographical line, di
viding the continent. Hence it might be infer
red that other considerations mixed with the
question ; and it had been insinuated that it was
warped by the future feat of government. But
other causes may be afligned for the diversity of
(entiment ; the people to the eaftvvard began
earliest in favor of liberty : They pursued free
dom into anarchy ; starting at the precipice of
confufion they are now vibrating far the other
way. He said that all our taxes are paid by the
consumers of manufa<stures ; thofc taxes are all
bounties upon home manufaiftures. The people
to the eastward are the manufacturers of this
country ; it was no wonder that they should en
deavor to strengthen the hands of a government
by which they are so peculiarly benefited.
It is a fadl that the greatest part of the Conti
nental Debt has travelled Eaftwardof the Potow
niack—This law is to raise the value of the Con
tinental Paper. Here then (fays he) is the
Jtrong impulse of immediate interest in favor of
the Bank—He took notice of the diltin&ion made
by the plan of the bill, between Continental and
State Paper—The State Paper on account of par
tial payments of interest still remained in the
refpetftive states. But this could not by the
present system be subscribed—so that the South
ern States were deprived of the advantage that
might have been given to the only paper they
have. But (he said) if Gentleman charge us
with defending the feat of government, let
them remember that this betrays consciousness of
ari attack. If they believe that this scheme tends
to break the faith of the union pledged to the
Potowmack, it is no wonder they suppose we op
pose it upon that ground. He would not have
mentioned this fubjetfl, had it not been hinted
at. But let the whole of it come forth—let gen
tlemen consult their own bosoms ; let the pub
lic decide the truth of his observations. He
hoped he should not be fufpecfted of any biafs
so uniform had been his conduit upon all
questions, turning upon principles fiinilar to the
present, that every member in the house, he be
lieved, had conjectured rightly of the fide he
would take before he had uttered a word upon
the fubjed. When implication firft raised its
head in this house, he started from it asaferpent
which was to Iting and poison the constitution.
He felt in unison with his country. The fears
the opinions, the jealousies of individuals and of
states, had been explained by a gentleman from
Virginia (Mr. Madison). He should only remark,
that all those who opposed the government,
dreaded this dodtrine—thofe who advocated it
declared that it could not be resorted to—and all
combined in opinion that it ought not to be to
lerated. Never did any country more compleat-
Iy unite in any sentiment than America in this—
■' ' hat Congress ought not to exercise, by im
plication, powers not granted by the constitu
tion' And it is not ftrange—for the admission
ot this dodlrme destroys the principle of your
government at a blow—it at once bn?aks down
every barrier which the federal constitution had
raised against unlimited legislation. He said that
necenity was the rnoft plaunble pretext for break
ing the spirit of the social compact; but the peo
ple of this country have anticipated that pretext
They have said to the ministers of this coun
ry, " We have given you what we think com
petent powers; but if experience proves them
inadequate, we will enlarge them—but in the
mean time dare not usurp those which we have
reserved."
It is agreed on all hands that the power to in
corporate the subscribers to a bank is not ex
pressly granted, and although gentleman have
agreed that it is implied— that it is an incident
—that it is a means, for effectuating powers ex
prefsly granted ; yet they are not agreed as to
the particular power to which this is an incident.
They admit that the Iweeping clause in the con
stitution confers no additional power. But it
he understood the gentlemen, several of them
were of opinion that all governments iuftituted
for certain ends draw to them the means of exe
cution as of common right. This dotflrine would
make our's but afhoit constitution. (Here he
read the preamble) and then said—Here is youi
constitution ! Here is your bill of rights ! Do
these gentlemen require any thing more refpecii
ingthe powers of Congress, than a defenption
of the ends of government ? and if of ight they
can carry these into effetft, will they regard the
means tho they be expressly pointed out But I
would ask if there is any power under heaven
which could not be exercised within the exten
sive limits of this preamble f
The convention might have flopped here—and
there was no need, according to the dotftrine of
the gentlemen, to point out any of the means for
the ends mentioned in the preamble. That por
tion of the constitution which, by all America,
has been thought so important, according to their
logic, would become a dead letter; but the pre
amble in fair conftrudlion is a solemn compadt,
that the powers granted lhall be made use of to
the ends thereby fpecified.
He then reprobated in pointed terms the lati
tude of the principles premised. He faici the
end of all government is the public good—and
if the means were left to legiflaiion, all written
compacts were nugatory He observed, that the
sober discretion of the legislature, which in the
opinions of gentlemen ought to be paramount,
was the very thing intended to be curbed and
restrained by our constitution.
He then declared that our form of government
not only pointed out the ends of government,
but fpecified the means of execution. He said
we may make war—this would draw to it the
power of raising an army and navy, laying taxes,
establishing a judiciary, &c. But the spirit of
the constitution in this refpert had been well ex
plained by Mr. Madison, and he fliould not re
capitulate.
He faida gentleman from South-Carolina (Mr.
Smith) had remarked that all our laws'proceeded
upon the principle of expediency—that we were
judges of that expediency—as soon as we gave it
as our opinion that a thing was expedient, it be
came constitutional. What then, said he, re
mains of your constitution, except its mode or
organization ! We may look into it to refrefh our
memories, refpetfing the times, places and man
ner of cotnpofing the government—that as to
the powers of Congress, were he of that gentle
man's opinion, he would never look into it again.
Gentlemen fee the difficulties of their theories,
and are obliged to confefs, that these incidental
powers are not easily defined. They relt in the
sober discretion of the legislature.
One gentleman (Mr. Ames) has said, no im
plication ought to be made against the law of
nature—against rights acquired—or against pow
ers pre-occupied by the flakes ; that it iseafierto
restrain than to give competent powers of exe
cution. Now there notions are hostile to the
main principle of our government, which is only
a grant of particular portions of power, imply
ing a negative to all others. It has been fliown
that the ends of government will include every
thing. If gentlemen are allowed to range in
their sober discretion for the means, it is plain
they have no limits. By the cabaliftical word
incident, your constitution is turned upfidedown ;
and instead of being a grant of particular powers,
guarded by an implied negative to all others, it is
made to imply all powers. But, strange to tell,
America forgot to guard it by express negative
provisions. Is there any difference in effect be
tween lodging general powers in a government,
and permitting the exercise of them by subtle
conftruiflions ? He said there was a difference
In the one cafe, the people fairly gave up their
liberty, and stood prepared—in the other, they
were unexpectedly tricked out of their confti
[To be concluded in our next.~\
tution.
FROM THE CONNECTICUT COURANT
To the PROMPTER.
Sir,
T AM a young man of considerable fafhion, bur
A have not yet got into flioeftrings ; and my
buckles are so long, they prevent my toes from
bending when I walk ; and my coat and waist
coat croud my hair up out of its place, and scrub
my neck and cheeks till they are fore—it seems
tome our fafhion-makers " do not workitright.''
—Do, Sir, tell us if bucldes are to grow longer
than feet; or the collars of coats and waistcoats
into hoods. I am, Sir, your admirer, W.
N- R • I believe you meant me in your lass number,
for I always borrow afpade, a Jhovel, a crowbar, a
pickaxe, and a wheelbarrow when I want them—this,
1 think, is " "working it right'''—it is better than to
buy them.
794
PARIS, December 2r.
YESTERDAY M. Bailly, the mayor, received
the following letter from the king .•
" I wifli you, fir, to wait upon me this even
ing at seven, and to bring with you the commiffi.
oners of subsistence and public establishments
The season grows severe, and I feel nothing more
urgent than to concert means with you for fecu
rino (übfillence for the people, and providing
them with employment during the winter.
Signed LOUIS."
Plots and confpiraces continue to be talked of
in various parts of the kingdom ; but we have
been To much accustomed to filch alarms, that we
riafs less regard to them than formerly. The
ferment among the clergy has been general ; but
they have not been able to commuicate it to the
people, by whom all their attempts to excite di
fturbanres, even where the magistrates have be
trayed or neglected theirduty, have been watch
fd and defeated. The sale of church and crown
lands lias far exceeded expectation ; the aflijr
nats are alieadyin the process of being cancel,
led : the troops of the line in general continue
steady to their duty ; and taxes begin to be re
gularly paid.
LONDON, January 10.
It is very much apprehended that the Grand
Vizir will be obliged, in all cases, to give way to
the Ruffian troops, or run the rifle of havina the
reft of his army entirely destroyed.
Of more than too,ooo men which he had tin
der his command, above 60,000 Asiatics have de
serted, in i'pire of entreaties, remonstrances, and
menaces to induce them to stay.
Out of the 40,000 which remained some time
ago, many were daily deferring. And in thefe
veral marches, sieges, and Ikirmifhes which they
have made and sustained, many more have pe
ri lhed.
It is expected, that the negociations at Schif
tovi, will be interrupted by the Ruffian troops
particularly by the Colfacks, and that it will be
liecellary to name some other town for the meet
ing of the Congress.
It has been lately recommended to fuebgen
tlemen as chufe to travel with fire artns, when
they find themselves attacked by a mounted high
wayman, to shoot rather at the horse which the
highwayman rides than at the man. The rea
sons for this recommendation are said to be the
following: 1 It. They would not be so likely to
miss the mark they aim ai s not one highwayman
in a thousand would be able to keep his feat un
der the exertions that a wounded horse would
make ; and in cafe the horse fliould be killed,the
man would, of course, fall an easy prey. 2d.
Beranfe very few highwaymen ride upon their
own horses, and the killing the horse would be
a check to those jockies and others, who let out
horses for the scandalous purposes of robbing.
?d. Killing the horse would not so much wound
the conscience as killing one of our own species,
who by this means would be sent into hell out
right with the fin he was committing irreversibly
upon him.
On Monday lalt as Thomas Evans, a carrier,
was on the road to Shrewsbury, after being in a
moll: violent rage with one of his horses which
did nor go onto his fatisfaclion, beating the poor
animal, and uttering the mod dreadful oaths, he
suddenly dropped down dead—an awful warning
toprophane swearers, and to those unfeeliggper
fons who use poor worn out animals with wanton
cruelty !
On the police of the Turks, in the severe pn
nifliments inflicted upon those who make use of
falfe weightsand measures, Mr. Howard confirm
ed the account given by many other travellers.
He spoke highly of some part of the moral cha
racter of the Turks, particularly of their grati
tude for favors received, and said, that when he
has been lucky enough to cure a rich Turk of
some disorder, he offered him a purse of 2000 se
quins. This, however, Mr. Howard would not
accept of, and requested only that his patient
would permit him occasionally to fend to his
garden for some grapes and oranges to eat with
his tea at breakfaft. The Turk sent him every
morning a large baiket full of the choicest fruits
his garden produced.
NEW DISCOVERY.
Mr. Watson, plumber in Newcafile, (Bngland)\
has lately finifhed, by Mr. Ker's direction, two
coppers for condensing and preserving the eflen
tial oils of hops, which have been eredled in the
Tyne and Hexham breweries, and given the great
est fatisfacSion to the proprietors, who have most
liberally rewarded Mr. Ker, for the exercise of
his valuable discovery.
The inventor discovered, what is aftonifliing
no one ever observed before him, in the
common way of impregnating worts with the
virtues of the hops, the finer and more aromatic
flavorof these was dissipated in vapor, while the
disagreeable bitter quality alone remained.
In consequence of this observation he devise ,
a method of collecting the vapor, which he foun
to be principally composed of the eflential oil o