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