rity any where elfe—thia seems to me te bean in genius improvement upon sophistical deduction ; tiie gentleman however fliould have reflected, that the ground upon which he built the right to exercile this authority, was that of exclulive jurifdicftion, and to extend the principle it is ne ceflary to extend the right of exclusive jurisdic tion, without this the balls of his argument fails, and the fuperftrudture however beautified must follow, for the principle, if at all deducible from that source, is expressly confined to place and cannot operate beyond it. I shall now consider the fecorul refource,whence the constitutional right of exercising the propo sed authority is derived—its incidentality to the mere creation and existence of government It has been observed, that in all governments there are certain rights tacitly granted and certain other rights retained, that it is impossible in fra ming a conilitution to enumerate every minute governmental right, and that such an attempt ■would be chimerical and vain. And hence the incidentality of this authority to the mere ex igence of government is inferred ; these ob servations seem to me to apply to a government growing out of a (late of society, and not to a government composed of chartered rights from previouily existing governments, or the people ] of those governments. I have been taught to consider this as a federal not as a consolidated go vernment, and am not prepared or disposed at present to relinquish that idea. A gentleman from New-York (Mr. Lawrance) has remarked, that the government is consolidated quo ad the powers granted, and of course quo ad their inci dents ; but he fiiould £rft have fliown that the authority contended for is one of those granted, or incidental to fonie one of them, before the application can i>e made—the observation can have no tendency to e(labli(h either of those po rtions. What effedt would this docflrine, if ad mitted, have upon the State governments ? And how would it be relished by them ? Their dignity and consequence will not only be prostrated by it, but their very existence radically subverted. A third resource of deducing this constitutional authority has been resorted to, the expediency of the proposed measure itfelf. I prefnme the great object of the conftiturion was to distribute all governmental rights between the several State governments and the government of the United States ; the expediency therefore of the exercise of all constitutional rights as they relate to State or general government, is properly contem plated and'decided by the constitution, and not by the governments ainongft which the diftri btition is made. A gentleman from South-Caro lina (Mr. Smith) has said, that the expediency and constitutionality of the proposed measure, cannot be considered separately, because the con stitutionality grows out of the expediency, this is but candidly unveiling the fubjecft of that so phistical mask which has been ingenioully thrown over it by some gentlemen : for all the argu ments adduced in favor of the measure, from whatever source they arise, if pursued will be found to ruth into the great oneof expediency, to bear down all constitutional provisions and to end themselves in the unlimited ocean of des potism. Several gentlemen have said that this authori ty may be fafely exercised, since k does not in terfere with the rights of States or individuals. I think this aflertion not very correi't ; if the States be conlUtutionally intitled to the exercise ot this authority, it is an intrusion on their rights to do an adt which would eventually destroy or impede the freeft exercise of that authority ;for it is totally immaterial whether the effect be produced by the operation of this or by an inhi bition in express terms ; the States may not on ly incorporate banks, but may of right prohibit the circulation of bank paper within their ref pecftive limits ; the act therefore if it be intend ed to have an effectual operation will certainly in fringe this right,or exist at the mercy of tbeState governments. This reasoning however places the fubjecTt in another point of view a little lin. gu'iar ; it contemplates the authority contended lor as vacant ground and juftifies the tenure by the mere title of occupancy. In almost all the remarks in favor of the measure, gentlemen leern to have forgotten the peculiar nature of this government ; it being composed of mere chartered authorities, all authority not contain ed within that charter, would from the nature of the grant have been retained to the granting party, and I will venture to aflert that this opin ion was the fine qua non of the adoption and ex istence of this government ; but if this opinion had been doubtful, Congress themselves have made an express declaration in favor of thiscon ftriicftion in the proposed amendments to the con stitution. Gentlemen liaveinferred a con Ammon al right to exercise the authority contended for f. om a fourth refource,/Af for?>/er usages andhabits of Congress, in affirmance of this argument several arts of Congress have been referred to, the pow er of removal from office, the governmentef the Western Territory, the cession from North-Ca rolina, the purcliafe of Weft-Poii>t, &c. See. 1 ftiaFl not examine into the propriety of these se veral adts, tho I conceive it would not be diffi cult to show, that they differ materially, upon couftitutional grounds, from the one now propo sed—l shall only remark, that if Congress have heretofore been in the usage and habit of dis regarding and violating the constitution, it is high time that that habit and usage was corredt ed : I hope and cruß that the people of the Uni ted States will not tamely fee the only fe enrity of their rights and liberties invaded and violated, but also fee one violation of it with impunity, boldly urged as an argument to juftify another. An instance of a similar exercise of authority by the Congress, which existed under the former confederation, has been mentioned in favor of its exercise by the present Congress. The argu ment has been, that as the powers of the present Congress are greater than those of the former Congress, and the former were competent to the exercise of this right, the present must be more so ; it istoberemarked,thatthatadtwasthechild of necessity, and that Congress doubted its legi timacy, and the adfc itfelf was never confirmed by a judicial decision ; and it (honld be also remark ed, that the fame Congress did not pretend to poflefs the right to punifti those who tfiould coun terfeit the paper of the bank, and recommended it to the itaces to confirm the adt which they had done, and to pass laws for the purpofeof punch ing those who should counterfeit the paper ; and it is a litrie remarkable that this circumstance, which is one of the mod eflential to the existence and operation of this atfi, is withheld from our view. But as I think arguments drawn from this source wholly foreign to the fubjeft, I|fhall make no other remark upon them. I shall nowfuggeft a fewobfervations refpedling the expediency of the proposed measure—in doing this, 1 shall not fay any thing as to the utility of banks in gene ral, nor as to theeffedts of the banks of England, Scotland, Holland, &c. &c. I poflefs not fufficient practical or theoretical knowledg'e to juftify the inquiry ; I shall only point out a few circumstan ces, which are peculiarly attached to the govern ment we are now adminillering, which might vary the application of general rules, drawn from governments of a different nature, and which poflefs the unquestioned right of granting char ters of incorporation. In the firft place, the right of exercising that authority by this government is at least proble matical, it is 110 where granted in express terms ; the legislature therefore can have 110 competent security against a judicial decision, but a depend ant or a corrupt court. I presume that a law to punish with death those who counterfeit the pa per emitted by the bank, will be consequent upon theexiftence of this act; hence ajudicial decision will probably be had of the most set ious and aw ful nature—the life of an individual at (lake on one hand—an improvident atft of the government on the other. A distrust arifingfrom this cause, will forever keep the bank in jeopardy, and the very firft trial of this nature will probably fub je<!t the bank to a run which it will be unable to withstand; for all stockholders will require the greatest possible security for their money, and a distrust of such an inftiturion will be its destruc tion. This observation seems to me to have pe culiar force, from the great proportion of paper to that of gold and silver, upon which the bank is proposed to be founded. The peculiar relation between the general and state governments will naturally produce a contest for governmental rights, until long experience fiiall fettle the pre cifc boundaries between them. The present measure appears to me to be an unprovoked ad vance in this fcrainble for authority, and a mere experiment how far we may proceed without in volving the opposition of the state governments. It (hould be remarked that this government is in its childhood, it is therefore unfitted for such bold and manly enterprizes, and policy would dictate that it fliould wait at least until it may have become more matured or invigorated. Two modes of administering this government present themselves—the one with mildness and modera tion, by keeping within the known boundaries of the constitution—the other by the creation and operation of fifcal mechanism—the firft will insure us the affetftions of the people, the only natural and substantial basis of republican go vernments—the other will arise and cxift in op preflion and injustice, will increase the previously existing jealousies of the people, and must be ul timately difcarded,or bringabout a radical change in the nature of our government. Having sug gested these observations upon the measure in general, I shall now proceed to point out -a few objections to the detail of the bill: I think the authority given to the bank, to purchase and hold lands, objectionable ; in the firft place, I doubt the constitutional right of Congress to invest such an authority—the lands within the United States areholden ofthe individual ftates,anc! not of the United States, and that tenure appears to me to be the true ground upon which the right to ex ercise that authority grows. 1 believe it is ad. 806 mJtted that although Congress may natnr»ll Zf foreigner, they cannot authorize him topurchafe lands—and I thinkthecafe atleaftasftrong.when they firft create an artificial person, and then it" veil the authority ; befides,if we have'reference to the experience of other countries, we find it dangerous to allow incorporated bodies to hold lands at all: the exercise of that right pi o . duced great oppression in England, and nothing but the masterly activity of ar. abfolure Prince could apply a competent remedy. A gentleman fro in Maflachufetts, (Mr. Sedgwick,) lias denied that the Bank is inverted with this right—lt i s true, it is confined to the mode of purchafingby mortgage, but that is the nioft effectual mode of purchasing, and the most ruinous to the land holder. I will merely mention one other objection with out a comment —the authority given to make laws not contrary to law or its own constitution —but the nioft objecftionable clause is that which limits its duration, and pledges the fairh of the United States that no other Bank fliall be estab lished in the mean time, however dangerous and offenfive the present meaf'ure might prove in its operation, and whatever may be the utility and advantage in any other scheme of banking, which experience may fugged—fuch a (lipulation can not be juftified but from the mod pointed neces sity, and from the marure(Ldeliberation : When I search for the neceflity oftnismeafure.it escapes me—it is not pretended in the bill itfelf—the chief ftimulous which I can discover to the ex istence of this measure, is to give artificial im pulfetothe value of stock—This is not a fuffi cient juftification—the fubje<ft has not been fuf ficiently considered, and I therefore hope it may be postponed to some future feflion of Congress, —many evils may be avoided by such a conduct —none can refnlt from it. From the CONNECTICUT COURANT. The PROMPTER. Come, we'll take the t'other sip. THE grog-drinker is not the only man who lakes the t'other lip. The drone, the slug gard opens his eyes upon the morning dawn— he stretches—rolls over—gapes —feels drowsy— fays it is time enough yet—hugs the pillow, and takes the t'other sip. He naps away a precious hour or two, when he might have earned his breakfaft. The gamester takes a hand at wliift in the eve ning—a hand or two can do no' harm—it is an a mufemenc—a quarter of a dollar a corner isa trifle—his mind is engaged—if he has loft a game, he must play another to win—it he has won, he, hopes to win again—he must take the t'other lip —and the t'other—and the t'other—the bell rings nine o'clock—but one more hand can do no harm—who would go to bed with the chickens? The clock strikes tvjeht—but one more hand and I politively go—The clock ltrikes one—lie Harts —damns his luck—but the next evening he'll take another lip—he swears he'll recover what he has loft—he marches home, when not an ani mal should be awake, but owls and rats and thieves. The poor man, with a frore of .bare footed children, breadlefs and naked, works hard foi a little meat to silence the demands of hunger, and a little wood to warm their naked limbs. But there is a Lottery—a prize of a thousand dol lars ! and not two blanks to a prize ! yes one prize that is worth having, among nine thousand tick ets ! Glorious chance ! nine thousand to one againit him ! But a ticket he must have- Four or five day's labor, the (übfiftence of several days mutt be bartered for a ticket! Nine thousand to one z gainft him ! Is this all ? No, no. He is anxious, for good fortune—he must stand by and fee the drawing—a weekmore loft—time is money t e price of the ticket is two dollars, and itcoftshim four. The wheel of fortune rolls and rolls an rolls him up—a blank. But like the grog-drin er, who takes the t'other sip, he must try his luck again. Luckless man ! nine thousand to one, is odds againjl him. One certainty is better t an a thousand Lotteries, wherefome thousands of pro babilities areagainft a man. But must wedifcourage Lotteries when pu utility is their obje<ft ? No. Let every one u tickets, who is able to pay a to an,oUll of the price. f , ; Suppofeapoor man saves enough out ot n> tifual grog-expences to buy a ticket. This is^ er well—but it would be better to save the lam money to buy bread and a pair of shoes 01 shoeless boy. TOR THE GAZETTE OF THE UNITED STAT ES. MR. FENNO, „ „ , „ r T~ , HE writer in your paper of Saturday > I disclaims the idea that the friends of - Bank of North-America entertain a wanto fidence in the resources of their co '" ltr >'. a " ■ [0 claies " they are warm and zealous tie the United States," and Aipporters of their tution and government; but the con...t -
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