CONGRESS. HOUSE OF REPRESENTATIVES. FRIDAY, Feb. 4. The BANK BILL under conjideration, MR. JACKSON SAID, that having been theperfon who brought forward the constitutional objection against the bill, he thought himfelf bound to notice the answers which had been offered to that objection. Klewfpaper authorities, said he, have been allu ded to, and their silence on the fubjecfl, consider ed as indicating the approbation of the people— lie would meet the gentlemen on that ground— and tho he did not consider newspapers as an authority to be depended on,yet if opinions thro' that channel were to be regarded, lie would re fer gentlemen to those of this city—the expedi ency and constitutionality of the bill, has been called in question by the newspapers of this city The latitude contended for in construing the constitution on this occasion, he reprobated very fully : If the sweeping clause, as it is called, extends to veiling Congress with such powers, and necessary and proper means are an indispensa ble implication in the ienfe advanced by the ad vocates of the bill, we /hall soon be in polleflion of all polfible powers, and the charter, under which we set, will be nothing but a name. This bill will eflentially interfere with the rights of the separate Stales, for it is not denied, that they poflefs the power of instituting hanks ; but the proposed corporation will eclipse the bank of North America, and contravene the in terests of the individuals concerned in it. He then noticed the several arguments drawn from the doiftrine of implication ; the right to incorporate a national bank has been deduced from the power to'raife armies—but he presumed, it would not be contended that this is a bill to provide for the national defence. Nor could such a power in his .opinion be derived from the right to borrow money. It has been alked, what the United States could do -with the surplus of their revenue, without the convenience of a bank, in which to depolit it with advantage > For his part, though he wiftied to anticipate pleas ing occurrences, he did not look forward to the time when the general government would have this superabundance at its disposal. The right of Congress to purchase and hold lands, has been urged to prove that they can transfer this power—but the genei al government is expressly reftritfted in the exercif'e of this pow er ; the consent of the particular State to the purchase for particular purposes only, is requi lite ; these purposes are designated, such as building light houses, eredling arsenals, &c. It has been said that banks may exist without a charter, but that this incorporation is neceflary in order that it may have a hold on the govern ment : Mr. Jackson strongly reprobated this idea—he was, he said, aftonilhed to hear such a declaration, and hoped that such ideas would pre vent a majority of the house from passing a bill that ■would thus eliablifli a perpetual monopoly ; we have (said he) 1 believe, a perpetual debt I hope we lhall not make a perpetual corporation. What was it drove our forefathers to this coun try ? Was it not the ecclesiastical corporations, and perpetual monopolies of England and Scot land ? Shall we fufler the fame evils to exist in this country, instead of taking every pofiible me thod to encourage the encreafe of emigrants to fettle among us ? For if we establish the pi ece dent now before us, there is no faying where it (hall flop. The power to regulate trade is said to involve this, as a necefl'ary means, but the powers con sequent on this express power, are fpecified— such as regulating light-lioufes, (hips, harbors, &c. It has been said that Congress has borrowed money ; this {hews that there is no neceifiry of instituting any new bank, those already establish ed having been found fufficient for the purpose. He denied the right of Congress to eftablilh banks at the permanent feat of government, or on those sand heaps mentioned yesterday ; for if they ihould, they could not force the circulation of their paper one inch beyond the limits of those places. But it is said, if Congress can eftabli/h banks in those situations, the question becomes a queflion of place and not of principle,—fro:u hence it is inferred that the power may be exer cised in any other part of the United States ; — this appeared to him to involve a very danger ous conftrutfion of the powers verted in the ge neral government. Adverting to the powers of Congress in refpeft to the finances of the union, he obfcrved that those powers did not warrant the adoption of whatever measures they thought jjroper: the constitution has reftrkled the exercise of thole fifcal powers,—CongrMs cannot lay a poll tax, nor impose duties on exports, —yet these un doubtedly relate to the finances. The power exercised in respect to the Western Territory, he observed, had reference to pro perty already belonging to the United Stares; it does not refer to property to be purchased, nor does it authorise the purchase of any addi tional property, —besides, the powers are express and definite, and the exercise of them in making needful rules and regulations in the government of that territory, does not interfere with the rights of any of the refpetftive States. Mr. Jackson then denied the neceflity of the propoled institution, —and, noticing the observa tion of Mr. Ames, that it was dangerous on mat ters of importance not to give an opinion, ob served, that he could conceive of no danger that would result from poftoning that conftrutftion of the constitution now contended for, to lome fu ture Congress, who, when the neceflity of a hank institution fliall be apparent, will be as eompe tent to the decifionas the present house. Allud ing to the frequent representations of the flou rilhing situation of the country, he inferred that this ihews that the neceflity of the proposed insti tution does not exist at the present time; why then should we be anticipating for future gene rations ? State banl<s he considered preferable to a national bank, as counterfeits can be deteifted in the States, —but if you eftablilh a national bank, the checks wi/1 be found only in the city of 1 hiladelphia or Oonnogochegue. He palled an eulogiuni on the bank of Pennsylvania: the stockholders, said le, are not speculators; they have the solid coin iepofited in their vaults. He adverted to the preamble and context of the condirmion, and aflerted that this context is to be interpreted the general powers contain ed in the instrument; noticing the advantages which it had been said would accrue to the Uni ted States from the bank. He alked, is the Uni ted States going to commence stockjobbers ? — The " general welfare," are the two words that ate to involve and juftify the afl'umption of every power. But what is this general welfare ?—it is the welfare of Philadelphia, New York and Bos ton ; for as to the States of Georgia and New- Hampshire, they may as well be out of the union for any advantages ihey will receive from the institution. He reprobated the idea of the Uni ted States deriving any emolument from the bank, and more especially, he reprobated the influence which it was defigued the government should enjoy by it. He said the banks of Venice and Amsterdam were founded on different principles. In the famous bank of Venice, tho' government holds no shares, yet it has at command 5,000,000 ducats ; but the United States were to be imme diately concerned in rheirs, and become stock jobbers. The bank of Anifterdam was under the entire direction of the Burgoniafters, who alone had the power of making bye-laws for its regula tion : this power by the bill was given tip by government, very improperly, he thought, anil was to be exercil'ed by the ftock-holdei s. The French bank, he added, wasfirft eftabliffied upon proper principles, and flouriffied ; but afterwards became a royal bank, —much paper was intro duced, which destroyed the establishment, and was near oversetting the government. Tlie facility of borrowing, he deprecated, it will, said he, involve the union in irretrievable debts: the facility of borrowing, is but another name for anticipation, which will in its effecls deprive the government of the power to controul it* revenues,—they will be mortgaged to the cre ditors of the government: let lis beware of fol lowing the example of Great-Britain, in this re fpecft. He said, undue advantages had been ta ken'in precipitating the measure, and the rea sonable proportion refpe(fting the State debts, is not admitted, —this I consider as partial and un just. A gentleman from Virginia has well ob served, that we appear to be divided by a geo graphical line, —not a gentleman scarcely to the eastward of a certain line, is opposed to the bank, and where is the geiitleman to the south ward that is for it. This ideal line will have a tendency to ellablirti a real 'difference. He added a few more observations, and concluded by urtr inj> a postponement, if any regard was to be had to the tranquility of the union. HARTFORD, February 2? The inhabitants of France are said to be 25 millions, and their national debt about 200 milli ons sterling. This sum if divided equally a mongft them, will amount to 81 a head. Tliofe of Great Britain are computed at 8 millions of inhabitants—their national debt to 300 millions sterling : this equally divided among them, a mounvs to 371. sterling a head.—And those of the United States, to about 1 million and a half of inhabitants—the national debt (including state debts) about 18 millions sterling. The fum,equal ly divided, aniouuts to about s]. fterlin« a' head 778 In the Houp if of tl: United Stat's Thursday, March 3, 1791 ON motion of Mr. Lawrance, Resolved, That the consideration of the amendment to the con st i; ution proposed to be made, refpecfting the ju diciary, be deferred till the next feflion of Con gress, and that one hundred copies thereof be printed for the use of the members of bo h Houses. Amendment to the Consti t i't i on of the Unites Stat/.s, laid on the Clerk's table by J\lr. Ben!o:i to b' fropoftd by Congress to the Legiflaturcs of the fsvet at States. THAT the Congress (hall, either by declaring the superior or supreme common law-court of the state to be the cotirr, or by creating a new court for the purpose, eftabli/h a General Judicial Court in each state, the judges whereof shall hold their commissions during good behaviour and without any other limitation whatsoever, and shall be appoinred and commiflioned by theflate and shall receive their compensations from the United States only ; and the compensations shall not be diminished during their continuance in office. The number of judges of the general judicial court in a state, nnlefs the fame should be altered by the consent of the Congress and the legifla tureof the state, /hall be in the proportion ofone judge for every persons in the state, accord ing to the enumeration for apportioning the re presentatives among the several states ; but there fliall always be at least three judges in each state. The general judicial court lhall, in all cases to which the judicial power of the United States doth extend, have original jurifditSion, ei:her exclusively or concurrently with other courts in the refpec r tive ftatcs, and otherwise reo-ulated a? the Congress shall prescribe ; and, in cases where the judicial power is reserved tothefeveral flutes, as the legislature of each f'cate shall prescribe ; ■but shall have, and exclusively, immediate appel late jurifdidtion, in all cases, from every other court within the state, under such limitations, exceptions and regulations, however, as fnall be made with the consent of the Congress, and the legislature of the state : there may, notwithfland ing, be in each slate a court of appeals or errors in the lad resort, nnder the authority of the state, from the general judicial court, in cases and on questions only, where the supreme court of the United States hath not appellate jurisdic tion from the general judicial court. T he Congress may provide that the judges of the general judicial court shall hold circuit courts within the state ; and the legislature of the state may, in addition to the times and places to be afligned by the Congress, for holding the gene ral judicial court or the circuit courts, assign other times and places. J he Congress may determine the number of judges which shall be a quorum to hold a gene ral judicial court, or a circuit court, in each re fpetiive state. The Congress may, in the cases to which the judicial power of the United States doth extend, and the legislature of the state may, in the other cases, regulate the fees and proceedings in the several courts, the jurifditftion of the circuit courts, within the state. The ministerial officers of the general judicial court shall be appointed and commissioned iii such manner as the legislature of the state shall pre scribe. All writs, ifiuiug out of the general judicial court, ilia 1 1 be in the name of the judges thereof. The judges of the general*judicial court may be impeached, by the house of Repi efentatives of the United States, andalfo bythe most numerous branch of the slate legislature. The impeachment shall not be tried by the Se nate of the United States, or by any judicature undet the authority of the state, but the Congress shall, by law, establish a court to be held in each slate, for the trial of such impeachments, to con sist only of Senators of the United States, judges of the supreme court of the United States, and judges of general judicial courts —The trial shall be in the state where the person impeached shall reside, and every law, designating the judges of a court for the trial of impeachments, shall be palled previous to the impeachment, and the (!e ---fignation shall be, not by naming the persons.but by describing the offices, the perfous in which offices for the time being, and elected or appoint ed previous to the impeachment, shall be the judges ; and no person lhall be convicted without the concurrence of two thirds of the judges pre sent. Judgments by the courts so robe ellabliflied for the trial of impeachments, fliall not extend further than is provided by the conftitutioll of the United Spates, in cases of impeachments, and the party, nevertheless. to be liable and f'ub jefft to indictment, trial, judgment and puniflinient according to law. In every state where theCongrefs shall declare the superior or supreme common law court,to be the general judicial court, the judges fhalJ, by >
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