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
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