power* of this conftirntiiin at e to be governed by tlie fame rule-, of co'.itlrutlion a;s;l \yc a' e to li.ive no levari! to place—it follows that Coiigi tl» can cxertifc exclusive lef*»fiuiion over tins conti nent. lie was alioiwitied wi this doctrine It would be equally rcafot.able to lay that trance bec&tife within the lining <>i her own domfpions unci over her own pro]■ ity (he exercised exciu iivc legillation, that hence Ihe had a light to Je gillate for the woi Id. Sill. a The power oi removal of officers by the Prelnlciit alone. lie (aid it was known he had oppolcd that doctrine. He 1 etc it to be defend ed by thole who had voted tor it : But he hoped Mr' Smith, S. C.) and some other gentlemen vho had opjjvfcd it would review the arguments thev had used upon tli.it occaftoti. He observed after taking a view of tliel'e pre cedents on the danger ot laying down improper principles in legislation. How eagerly men grai'ped a-t the flightelt pretexts for the exerciie of power. He fliuddered to think what a broad and commanding position this Bank will form for farther encroachments A gentleman frotn Mafiachufetts (Mr.Sedgwick) has7iid iliac whenever a )>ower is granted, all the known and usual means of execution ate always implied ; the idea (he fakl) had been properly examined by (Mr. Giles)'but he would ait if in corporating the fublcribers to a bank was the known and usual means of borrowing money— especially when thefubferibers were not obliged to loan—or of collecting taxes when no taxes were levied on the bank > But gentlemen tell us that if we tie up the constitution too tight it will break ; if we hamp er it we cannot stir ; if we do not admit the doc trine we cannot legifluteat all. And with a kind of triumph they fay that implication is recog nized by the conllitution itlclf in the clause wherein we have power to make all laws, to car ry, &c. He laid he was ready to meet the gen tlemen upon this ground. This clause he laid was intended to defeat those loose and proud principles of legislation which had been contend ed for. It was meant to reduce legislation to some rule. In fine, it confined the legislature to those means that were neceU'ny and proper. He said it would not be pretended that it was necefiary and proper for the collection of taxes. Indeed one gentleman (Mr. Ames) had attempt ed to ihosv that the payments in specie could not be made, if by chance a great quantity of debt suddenly accumulated in a particular place. But it might be remembered that this necessity, if it arrived, was created by the legislature—and that would be strange realoning which broke a good roilftjMiii/vn te\ infllfl 1 Wmd ISW. i.\ O t3XCB HTC colleiSed by this bill It would not be necefl'ary and proper as a mean of borrowing money, becaule, fir if, we do 110 c want to boriow money—and it'we did, this iaw, tliougliit may be the probable, is not the neceila ry mean—for if it was the interelt of the Itock holders, they might, and he believed would, re fufe to loan. He said that the inltitution might be defended upon more planlible grounds if the ban.lt had been taxed, or if a condition to Joan money to the public had been made part of the plan. Upon what ground then do gentlemen stand ?—they can only fay, that they have implied a great and substantive power in Congi cfs, which gives to government or to individuals the influ ence ofi 5,000,000 dollars,irrevocable fbr2o years, with a power of making bye-laws, &c.—because there is a probability lhat this inllitution may be convenient and agreeable in theoperationsof ; government. He aiked, upon parallel principles, what might Congress not da? He laid that the gentleman from Virginia (Mr. Madison) pursu ing the do&rine into a-11 the forms in which it might appear, had struck upon several cases which were very pointed—An incorporation of manu facturers with exclusive privileges—merchants with the fame—a national religion. This, a gen tleman (Mr. Ames) has said was unfair and ex travagant reasoning—and yet, in fivfc minutes, the gentleman's own reasoning led him to aik, with warmth, if Congress could not join stocks with a company to trade to Nootka! and he condefceiuled to doubt if the privileges given to I'uch a company might not be exclusive. He law clearly himfelf that his theory led to the latt«r conclufion —for if expediency—if convenience— facility—if fears of war—if preparations for events which might never happen, can juflify an incorporation upon the present plan, the fame suggestions, the fame logic, will legalize incor porations with exclusive privileges. The deduc tions of the gentlemen from Virginia are found and right, and cannot be fairly controverted. Congress may then do any thing. Nay, if the principles now advocated are right, it is the du ty of the legislature of the union to make all laws—not only Jhofe that are neceflary and pro per to carry the powers of the government into effect, but all laws which are convenient, expe dient, and beneficial to the United States.—Then where is your coiiftituiion ! —Are we not now fit ting in our sober discretion—a general govern ment, without the feniblance of reltraint ? Yes, (aid he, we have ftilU constitution— but where j is ic to be found? I it written >—No is it among the archives ?—No. Where is it. i tjund in the l'ober ditreuon of thelegiilatine it is regiitered in the irains of the majority. He proceeded : I fa} there is no necelhty, there is no occaiion for this bank ; ,the States wi in lfituie banks which wil answer every purpoie. bur a dillruU oft he Sr.tes is (hewn in every move ment of Congress ; will not this implant d.ftru .s alio in the States ? Wil yon gain by this conceit . This fcheine may give, and 1 am convincec wi give partial advantages to the States. In the tali administration of our government 110 partia a vantages can be given ; but by this bill a ew flock-holders may institute banks in particulai states to their aggrandizement and the opprejuoii of others:—it will swallow up the hate banks it will raise in this country a monied ' nt e relt at the devotion of government— it may bribe both llates and individuals. He said gentlemen alked, who would be offended or hurt by this plan < — Have we heard any complaints against it—have ! the newspapers reprobated it? These questions had no influence 011 his mind—he said it was one of thofefly andfubtle movements which marched silently to its objetft: the vices of it wer« at hrft not palpable or obvious; but when the people saw a diftinftion of banks created—when they viewed with aftonifhraent the train ot wealth which followed individuals, whose sudden exal tation surprized even the pofleflors—they would enquire how all this came about ; they will then examine into the powers by which thele pheno mena have arisen, and they will find—they will reprobate the falfehood of the theories of the present day. , He said that gentlemen had told us ot the sud den irruptions ot enemies : When thole neceih ties arrive, it is time enough to make ule ot them to break your constitution. But gentlemen fay, upon emergencies, the bank will loan money. We differ in opinion. I think when we want it mod, the bank will be most unable and unwilling to lend. If we are in prosperity, we can bor row money almost any where ; but in advernty ltockholders will avoid us with as much caution as any other capitalists. But a gentleman (Mr. Ames) tells us not to be alarmed—the bank will not eat up liberty—he said he was not afraid. He w>as not under any apprehensions that all the little influence that ■Congress poflefled would destroy the great spirit of American liberty. The body of the people would laugh at and ridicule any attempt to en slave them ; but a condu<ft which had that ten dency might rouse alarming paflions. He said there exiued at this moment ill-blood 111 the United States, which to quiet, he would readily agree to enter into a foreign war. America with us, we might dtffy the world. There was, he said, but one people he was afraid of offending: This was America. He was not afraid of fo reign enemies—but the refentmenc of our own country is always a fubjecft of serious appre hensions. He observed that there were other parts of this important and diffufive fubjecft, which he might have touched, but he had fa tigued liimfelf and the house. Mr. Smith (S. C.) said, as he had been greatly mifuuderftood by the.gentleman last up, he wiflied to explain tlie poficion he had laid down. He had never been so absurd as to contend, as the gentleman had Hated, that whatever the legisla ture thought expedient was therefore constitu tional; but he had only argued that, in cases where the question was, whether a law was ne ceflary and proper to carry a given power in o effect, the members of the legillature had no other guide but their own judgments, from which alone they were to determine whether the mea sure proposed was necellary and proper to carry the powers vested in Congrefe into full effe<ft. If in such cases it appeared to them, on folenin deliberation, that the measure was not prohibit ed by any part of the constitution, was not a vio lation of the rights of any state or individual, and was peculiarly necefl'ary and proper to carry into operation certain eflential powers of the go vernment —it was then not only juftifiableon the part of Congrel's, but it was even their duty to adopt such measure: that neverthelefsit was still within the province of the judiciary to annul the law, if it fliould be by them deemed not to rel'ult by fair conftruiTtion from the powers vested by the constitution. January 20. THE following is the translation of a letter from the Eniprefs of Russia, to tlie King of Sweden " Monsieur, 111011 Frere & Coufine, " The happy conclusion of the peace at Ware la,- having afforded us an opportunity of acquir ing the zeal and good intentions of our respec tive Plenipotentiaries, exerted in the re-efta blifliment of mutual harmony, we thought pro per to confer the orderof St. Andrew 011 the two Barons, to whom, on our own pare, the accoiu 798 plifhment of this desirable business has been en trulted. Your Alajelty will do us the justice t0 acknowledge to ail Europe, the proofs we have given of the value which we fee on your friend- /hip. . r ■ " As a proof ot our fincenty, Gen. Van der Palilen has orders to produce to you, the infig. nia of the order of St. Andrew, which we intend for your Great Chamberlain, the Baron d'Arm feldt, and which we iutreat that you will gj vc him leave to accept " 111 the mean time, your majelty will be per ftiaded, that it is our constant desire to merit your dHtinguiflied efteeni and friendfhip. These are the sentiments of, Monlieur, inori Irereand " Mon Couline, your Majeily's " bonne Soeur, Confine & Voifine, (Signed) CATHARINE." January 24. The affairs of Europe are upon the eve of a crisis, and the Einprefs has now molt docidedly to contend, if ilie has temerity enough, with a quintuple alliance, from whom she vrill be com petent to obtain a peace 011 the terms of the Rei chenbach treaty only. The Dutch, it appears by the last mails, are in defatigable in their preparations to co-operate with England in every measure that will be found necefi'ary, in the spring, to adopt. Extratt of a letter from the camp at Coimbatorc, within r.{o mil: i of Tippoo Sultan's capital, Serin gapatam, dated the 30ih of Jug uft, I 790. " The war with Tippoo has been commenced these three months past, although nothing of consequence has yet been done, except the cap ture of this part of his country, of which we made ourselves matters with little opposition; Tippoo having retired with his army through the moun tains, into the interior part of his kingdom, where it is supposed he will make a stand. We remain encamped here on account of the rains; when they are over, we lhall march for his capi tal, Seringapatam, which, it is laid, is strongly fortified, It is only ijo miles from this capital, bat between us and it there is a large chain of mountains, through which our army must march by one narrow pass, which, if well defended, may give us much trouble. There is here en camped the fineft army that ever any European power employed in India. It confilts of four King's regiments, and one regiment of the com pany's Europeans, twelve battalions of Srfapoys, ionr regiments of native cavalry, and the 19th regiment of light dragoons, three battalions of European artillery, with 70 field-pieces, beside* a battering train. Our camp is upwards of two miles in length, and is a noble fight. Thetroops are in high health and great spirits." January 27. Monf. de Mirabeau, we understand, doe> not intend, as he has not the leisure, to answer Mr. Burke's pamphlet on the new government of France. He will content himfelf, according to our letters from Paris, with moving in the Na tional Afl'embly, that their Ambafl'ador at the Court of London should be inftrudted to fiom plain to the Briti/h Ministry, of the insult offer ed by that publication to the reprefentativej of the French nation. Mr. Shsridan is writing a pamphlet to prov» that France is rifiug to prosperity, and prepar ing a speech to prove that Great-Britain is verg ing to ruin. DocSor Price may, indeed, prajr molt devoutly for his fuccels in those contradic tory attempts, but we have reason to believe that even Lord Stanhope laughs in secret, at all the Quixotism of his friend. » Some time ago the King of Spain's watch-ma-1 ker, a native of Ireland, discovered that the dry spongy stalks of the great branched Alphodelex ceeded all other things that he was acquainted' with for giving the last polish and brightest bar nifh to steel. As the experiment may be made with ease and without expense, it is recommend ed to artificers in the diversity of our steel mano fadturies.—The asphodel, though but little cul- | tivated here, except by the curious in botony, will succeed in this climate.—lt grows fponta neoully in all parts of Spain, and abounds in the environs of Madrid. In Castile the leaves of tins plant are gathered, dried to feed dogs, and are an excellent nutriment for those animals. / Admiralty Office, Dec. 3. This day in_ pursu ance of the King's pleasure, his Royal Highne s William Henry Duke of Clarence, Captainn* his Majesty's Navy, was promoted to the r ? Rear Admiral of the Blue Squadron of his Ma jefty's fleet. Portsmouth Dec. 6. The few ships that have al ready been paid off here, have jet loose ort t e public a number of mifchievpus and villainou people. c Saturday morning about three o'clock a ma" the name of Joseph Woodfall, was molt in ' manly murdered at the Back of the Point, was found 011 the Sallee Port Beach early in morning, and on being examined, was o" bruised in a Shocking manner ; his skull enn l ' beat in, and many violent blows appeaie
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