American volunteer. (Carlisle [Pa.]) 1814-1909, August 05, 1841, Image 1

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TERMS OP PimiCATION.
’" ! ■ 553 M per annum; }b advance—or ; -i
552 tppthin the y ear.;
, ‘-Ls No subscription'taken for a less termthansijf
. v n6 discontinuance permitted until',
allarrearages are paid. A - failure tp ,; notify
discqntinuanceait the expiration of hterirfitidß
."becohsideredanew engagement, - •/*'.
’ •JSdverttecmenle —lsl 00 per square for the.
•first three insertions; and twenty five ■ cents for'
. qyery, subsequent qne., f
; DR.S. Jj. STEW-ART,.•:
' Thornsonian Satanic Practitioner 'of Med
' icilte and Obstetrics, No. Zt'rffexcaider’s.
Sow, Pitt Street, near tjie Sail Sdad *
Hotel.
RESPECTFULLY' informs faisTriends and
the public generally; that (through solici
tation) he has removed from Shiremanstown to
‘Carlisle, where he may be foUnd at .all times
unless professionally engaged. The afflicted
shall at alt times be treated with purely vege
■ table **No Poisons,” and in strict ac
cordance with the principles laid down by that
greattreformer in medical science, Dr. Samuel
‘Thomson*. * . ",
Chronic Cases—such as .Consumption, Liver
Complaint, Dropsies, Rheumatisms, and Can
cers, are more especially informed that the new
system is admirably adapted to their cases.
' Invalids from' a distance can be’accommoda
• ted with Boarding while under medical treat
ment, on reasonable terms.
Carlisle; July 15, 1841.
COUJVTTf mBETKVG.
' ' The Democratic Republican Cum-
-horland county, ; nro requested to asscmblc in
bounty meeting,-according-to custom, at the Court
Housp.dn the Borough <jf Carlisle, on Monday
the niMh of August next, atearly candle
light. , ' • \ '
. Carlisle, July 1,4841.
To Those who Desire Health.
:I hereby certify, that! was afflicted for eight
years with a severe nervous disease, attended with
a constant pain in-tho. breast, side arid
loss.of appetite, no restat night,sickness amPdiz
ziness in the head, pain in the stomach after eat
ing, &- other "symptoms whichattond indigestion,,
my bowels were weak and 'lrregular. Having
had advice of various physicians duringithis long
period, and used much medicind which only pro
duced temporary ‘relief. In*lhe year 1839,1 Vvas
often unable to leave my house, and being a poor
i at tecavn’ gavd iijV nil'7iopus of recovery', and jo
Him “that created all things.” I fortunately was
favored; with work in Eighth . street,, whan the
•’ family, discovering my .miscrablo. situation, im-'
mediately recommended Dr. HARWICH'S COM
POUND STRENGTHENING GERMAN A
' PERIENT PILLS, which they procured for me.
■ I used tlieni, and continued fir ahriut three months!
dhring the tßne my strength rapidly increased, my
countenance and-palid check returned to their foi
mcr and natural colors. Since I have fully'tecov
■ ered, and at_presont enjoy perfect health. > I feel
it my duty to inform the public at. largo of the
great virtues of Dr. HARLICH’S MEDICINE,
that otherSTnay procure it, and be likewise cured,'
, I am well known iri this city; any person wishing
to seo me, can call at my residence.
MARY H. FOURSMAN.
Jackson street; back of 114 Poplar Ipno.
(CfPRINCIPAL OFFICE, No. 19 North
EIGHTH street, Philadelphia, where testimonials
may be seen.
AGENT.—Or. 3tihn J, Myers * ’
Proposed Amendment to the
Constitution: .
J ‘Resolution Relative to the Amendment, of\
of the Stale Constitution .
“Resolved by the Senate and House of Repre
sentatives in GenerarAssembly met, That the
Constitution ol this Comnionwealth.be amended
in the third section of the second article, so that
it shitll read us follows:
, “That the Governor shall hold his office do
ing three years, from the third Tuesday of Jan
uary, next ensuing his election, and shall not be
capable of holding it longer than a single
tkR’M of thrice years, in any term of nine
years. ' ♦
WiVf. a. CRABB. ’
Speaker of the House of Rep.
■ , JN. H. EWING,
Speaker of the Senate.
Pennsylvania, ss. >
SpcitKTAßv's Office. 5
I do hereby certify that the foregoing is a true
Copy of a Resolution proposing an amendment
of the Constitution, which was .agreed to at the
last session o(. the Legislature, by a majority of
the members elected to Oach honse, tlie origin?!
ol which remains filed in this office; and incom
pliance \yitb the tenth article of the Constitution
of the Commonwealth, I do hereby cause the
same to be published,-as directed by the said
article.
■ajgfe. IN TESTI MONYwh ereof, I have
JmMS'i hereunto set my hand’anti seal of
at Harrisburg; this 14th
dajr of June, 1841.-
FRS. R. SHUNK,
Secretary of the Commonwealth.
CARLISLE SPRINGS.
TH& proprietor respectfully informsthepub'
lie ill general, that heja how ready to ac
commodate a large aumbef of boarder? and vi
sit™- • .The Springs jrg situated,4i rttUesshßrth''
of Carlisle, aim 2$ milessouth ofSterrett*s.oAp,
on the road leading from Carlisle to Bloomfield
in Perry To., in a fine,healthy and romantic
place. The Conodoguintt creeh, and Nflfth
Mountain, which are each about ttvoi miles dis-,
tant, will afford amusement to such visitors as
are fond of angling and gunnipg. I n addition to
the. most ample accommodations, there isulso
an extensive bathing establishment,'both warm
and cold.
„ • ». GORNMAN.
■■ OU!!,,e w ■ be ’'an:from:Carlisle,to
the Springs during the season, for the accom
modation of visitors;- ■■ V
July I. 1841. . A/.;''':
: A OAMP MEBTIITG - ' '
TTMTILL’ be held by'the order of the United
▼ W,-Bretl«;en in Christ,- on the land of John
athan Neidigj‘2 miles east of Carlisle,'to com
mence on the 2d ol Septemher. No Hucksters
■-will be permitted tq come within the limits ore-
BCi-ihedJby iaw. ;, . JOHN FOHL, P. E. .
, July.ls. 1841, . .V.,; -,?■
.-.A TEACHER WANTED
fJIV take charge,of-theSchoolatpresent in
1 JiL. c m'e of-Mr- Meginney, (Secondary Depart
. n ??.hjOJh theborpiigh of Carl isle. ~The branches
taught are, ReadlnK.Writlng. Arithmetic, Book,
Keeping, Eoghahj Grammar, Geography, His
tory, and the. Elements of Algebra, ’The va
cancy will Occur pri or.before the'lst of Septem
ber next. ■ *
Application tO'be'.mmVtrt'-i-'A
j ; ,v,/, -geo,:. Sanderson;;; vr
'hu, <, JAMESrHAMII/rON • ' •
, Cpmmittee.ofth.e Board ; of School Diretcors..
- ‘W-UST’ received 'some■ very fine BHATV
•I HERRING and GHEESE. at the store'Of
Kt-.-^An:RICfIPAttDSr-*'
May 10, 1841,. , ,
nea% execuM at this
J,ob.;wQ?
Vil:/ \i’
iliierlciir lleilmvk
fV-.
1, .'I
J BY GEffe^A^DERSONO
!,Wli : .o|e ','
CONGRESSIONAL.
SPEECH OP MR. BUCHA3VAIV.
OF PENNSYLVANIA.
In Senatei.W&inesday, July 7, 1841—On
.the bill ,loincorporate, the subscribers to
the Fiscal Bank of the. United States.'
: It was originally iny intention,' in opening
this debate on our side of the question, to
confine myself to some observations in reply
to-the report of the. Select Committee bn the
Currency,and to the remarks'of the Senator
from Kentucky, [Mil. Clay,J which t con
sider as a'mere supplement'to that, report.,
Uintehd still to pursue this course, although'
thebccasion is very tempting lb'depart from
it, and go oioreat I argil into thb discussion, 1
I think it could be demonstrated tliat-this
bill, considered in itself a's a'm'ere Bank bill,
is a production of the dark ages of the worlds
and does not come down beyond the tenth
centqry Of the Christian, Era; and that, in
and sub
jcctof banking, have been disregard-,.
and pfoceed' ; tomy;rep)y?-,'%''*• ’
And, in 'the
clare a's; “theft d,eliberate- e6nvtc;tibn, that a
vast majority. oflhefpeoplebf.tjie U; States
concur in tile expediency of establishing
sncft;an institution as-rßanfc bfi’lhe United
States, and that they are“npw looking 'with'
anxious Solicitude tb. the
Congress,>uhder the.confident'hope:;thaf,, %
'Bank of the United.Statek wifi.be!esfab!rsh-.
ed at the present extraordinary session of
Congress.” *
-< It.ft, their .“deliberate cOnyiptumV. tliat a
apxnmwy desvre tVe’estmisfimeniror am
lional Bank! Whence is this ‘'deliberate
conviction” derived?' Front what-ftobrce
does’ll prbt eedf I am entirely at a loss even
to conjecture. Was , the question ,of a
National Hank discussed any wheVe,before I
-the people by-the great Whig party-previous
to the late Presidential election? Was the
establishment.of such,a Bank then made a
turning point of Whig policy any, where?—
No; sir, no; the Wliigs every where shrunk
from the question. They concealed their
opinions on till! subject—nay, more—in some
States of the Union they professed that hos ;
tility to a Bunk of the United States was!
one of the cardinal prihcipjcs'of their party! j
The Whig convention of Virginia, in their,
address to the people, expressly declare that
General Harrison was opposed to a National
Bank; that he was against it oh constitution
al grounds: and unless l am greatly inis-in
forraed, a distinguished gentleman of North
Carolina, (Mr. Badger;) now a member of
the Cabinet, in an address before the Wiiig
convention of that State, indignantly pro
nounced the assertion that General Hamsun
was in favor of sucli.a Bank, to be a false
hood. This, speech was, I understand,
printed and circulated all over.Nbtth Caro
lina. I have not seen it myself; but I have
received my information from an undoubted
source. - .
Mr. Graham said the'speech was not made
before the Whig convention, but at a publir
meeting in that State.'
Mr. Buchanan. Then thegentleman ad
mits that the speech was made. Where it
was made is of little consequence.
Mr. Calhoun. I have the speech of Mr.
Badgerin my ,hand, and sliffl read the fol
lowing extract from it; ..
“Next it is said that General- Harrison
favors a Bank of the United States. The
charge is false. • His opinions, on. the con
trary, are against a. Bank:”' "
Mi-. Graham. The speech was not made
before the Whig State Convention on the
sth of October, 1840. ■
Mr. Calhoun. It will show for itself.—
It appears to, have been made on the Sd ol
March, 1840. .. 5
Mr. Graham. At a meeting of the citi
zens at Granville. , „ ' '
Mr. Calhoun assented to thi?, ihid Said
that a hundred thousandcopics oftfio speech
had Beep printed and circulated.
„■ Miv Buchanan continued. The misun
derstanding relates not to what Mr. Badger
-saufj but merely to when and where he said
The important" fact is established be
yond all doubt, that this distinguished geh-,
tleman, who was selected by the late Presi
dent as amember of.the Cabinet,' on account
of his eminent talents, and his avowed politi
cal principles, did epme diit.ata great con
vention.in March lagt, and, in the strongest
tdjms, did pronounce thpe charger to be talse
thaliHarrison favored a Bank pf the United
States., This is: all I desire to. know; and
whether one hundred thousand
sand. copies of this.addyeßs were cilSfblated,
is a-matter of smaJPimpdrtancc..
have the solenin declafatibn flf a tiifan of high
character, at the head of M?" Whig,party in
jii taigehddd.'th'e’'
eyeit favored
National Bank. And yet it lairavely aa
®fted that thejjpeople at the' latghlWtiSn
haw favor of such a BatiJf J'
vyas never publicly where in
my own. State by the Whig party thrmigh
out' the fate canvass..: 'They would have,
com mi tied political suicide had they made
it a turning point of the election Their in
tention to a .National Bank Was
carefully concealed from the.people.- ,
.The late Legisfatureof Pennßvlvnnifl wnR
Wfiigvdectdedf yWhig.in both its branches.
They,accordingly, instructed their Senators
to vote ..for the, repeal of. the Independent
Treasury, and!the distribution of the pro
seeds of the public lands among the,several
States; hut they did not lo in
struct us in favor of a National Bank.—
They asked by ourTriemls in the teg-
Tslature "wh£;do you not instruct your Sen-
.
urged to conie up to: this’pqmtby thestrpng
fr^%",^TesPQn.9ibilhy,t-knowing,that-Uie
peopra would bpro condemnedtho/ict, ■
r ‘r-< V- - ??
Carlisle, JPa. Thursday \lugunt 5, 1841.
h--
Three Congressional elections have since
been held" in Pennsylvania. Two of them
were nof contested; tmtin the third, there
was an animated struggle. This was in the
southwestern district of the State, composed
of the counties of Fayette and Greene.' I
am informed by his successful competitor
that'; the Whig candidate in that district
publicly and. repeatedly declared himself,
throughout the contest, to be the friend of
the Independent Treasury, and the enemy
of a Bans of the United States. How strong I
must have been thc'cnrrent gf public 'opin
ion which could drive this candidate into an
avowal of friendship for flte Independent
Treasury, and hostility to a NflflonaLßank!
But this "deliberate conviction” of the
Committee on the Currency is.in direct op
position to the deliberate opinion of-the
President of the. United States; and I shall
appeal from the judgment 7 of, the committee
to that of the head', at least .the official, head,
o£the,party. He hasin substahc'e.declated,.
I®. liisHafe message, what;the history of the
country: has demonstrated to be true, that
has never fM been presented distinctly be
fore the people of the Unitcd States, 'with
out receiving their condemnation;, I shall'
not redd this portion of the message, because
every Senator is already familar. with if.—
President’s Ppiniipi; theflate contest
Wasdecidedpriwellknown principles; But
Bank was not a
iHppg the number:'and most assuredjy-he is
edrrect in thi? latter opinion.', In the face,"
then, of all these facts; and many. more
which might be adduced, what, .becomes of
the “deliberate conviction’’ of the committee
-v{— —, -.—-'J— , vrv^VUCV.t*'*
ofarNational Bank,
It would be,
really tbefneaus of such a Bunk, to consider
seriously the consequences which may flow
from the passage ot the. bill at the present
extra session. No nptice of such a measure
was given in tlie proclamation of-the Presi -
dent convening Congress. Thp people did
noPexpect .it, and have ngver demanded it
l at your Bands.. Public opinion is wholly
j. unprepared for if. And-vet, at this liot seif
son of the year, when wrought to be all at
home, here weare confined in the Capitol,
whilst the friends ofthe Bank are straining
every nerve to “rush” it, prematurely,
through the forms of legislation, and fasten
it upon a.reluctant people. What will be
the corisequeitces should the bill become a
law before our adjournment? ■ Why, sir,
from every hill and valley throughout the
land—from Georgia to Maine, and from the
Atlantic to the Rocky Mountains—the cry
of “repeal’.’ will be sounded. “The repeal
of the Bank,” will electrify the people of
this country to as high a point as “the re,
peal of the Union” has electrified the Irish
people. Sir, your success will prove fatal
to your Bank. All that the American peo
ple demand is fair play. This they must
have: and they will never quietly submit to
this snap judgment which would rivet upon
them and their children such an odious in
stitution. >No, sir, death is not more inevi
table, than that the sudden and.premature!
adoption of tins bill by Congress will be the
source of. innumerable evils to the country,''
We shall witness new agitations of public
opinion, and a new Bank war, compared
with which, our history has presented no
parallel. I entreat you, gentjemen, to pause.
Wait at least for tluffall elections—wait for
the expression'of pjtblic ‘opinion—and if it
shoujd demand a Barit;,-Why, let a Bank.be
established. It may then impe exist'in
peace.- But :f it should now be forced upon
us, it will give birth to such political con- (
vulsions-' in (he country as we have never I
yet witnessed, A Bank.establishedun obe
dience to, the public will, clearly expressed,
may become a good investment funks stock- i
(holders; but this political Bank, should if be'
now established, .will linger out a sickly ex-1
istence, and at length fall beneath Hie strong
arm opinion, .
Now».sir, whatever may be said in rpgard to the
propriety of repealing,-.the charter—and for one I
sbou|d never adopt this measure unless driven to
kin defence of the people against’ the hasty arid’
violent: conduct of the friends of a Bank—l pre
sume there canbobut little "doubtof the power, e
venif Congress, like the states, had beon exnress
ly prohibited by the Constitution, from passing:
any law impairing the obligation of contracts., In.
the celebrated case of Dartmouth College, the
ChiefJuetjcoMarehalinjr’deltvering-thempiniqn
[ of tjie Court, plainly and broad|y draws the Fine of
distinction .between public and private corpora-'
tions. Whilst those of a public character maybe
repealed, those of a private-nature are inviolable.
Hear his own words: "J/the act if ineopbration fo/i
Dartmouth College) be a grant uf political power,,
fa it create a civii institution tu It employeji in the
administration of the Governntenli or if the funds
of the* College be public, property; or.if the funds
of the State of. New Hampshire, as a Government,
be alone interested in ito transactions, the subject
is one iri which the .Legislature of,the Statomay
act-according to itabwriiudgriierit, 'ririrestrainea
by any limitation.of thoTJnited States.”'•
I' - Cutitrequired.nojudicial 'decision to teach a
! freeman this doctrine; v.lt never could he', imagin
ed .for a;single moment that the Constitution of
the United States intended to enable'. Congress or
a State Legislature to'transfer fpireveir either io
corporations or to ihdmdualp. those grekt andiren
efalppwers of Government With whicfiihey haVe ;
been entnisted by the-people??’lf Congress.cam
deprive itself by cpntractofanypno of these pok
ers,'it may dispose of them'all, and that irrevqcai
bly; and, the. National Legislature .might-, thug Jej
stroy itself, aqd transfer all its mplt-impbrtmi
furictipris/ Uf cprppratipns.;, Such Van Idea’ cannot
be tolerated. for a: moment, ,V‘
TOponiyque'Bllon.ihen.Wobfaißeiißthisflßoal
agent; in the langriago of the„lafe'.Chipf Justice,
“a civil jrisritatibri, to he'emplbyediri the'’admin
istration- ’of 1 theVGbvefnmerit?” ' WHbfsih doribt
it? Its fdohdriavow that it ia an-institutiqir neces
sare for thß keeping, transfer, and
disburßemapfcofilmpiibliQ’moneyrand: that ita-'
lone can funuahyaound and? uniform.currency,
arid regulate the foreign anAdomestip exchanges
,ritot^&‘‘advocates, admit'i
thatthiacorrioralion
it can ekeifclee these great arid important financial
powers of 'Governittenfr It .will bo as much a
breach bt tha-Traasaiy Department aa ever:ih’e In-'
aadfljkeiVaodall otfc-
er acts'of Congress which relate to the great pub
lic interests of the country, will be liable to repeal.
If the government should think proper to call in
the aid of private individuals to establish this pub
lic fiscal corporation,, their private, interest can
never paralyze the arm-of Congress, or prevent it
from exorcising itshigh legislative discretion in're
pealing this law and substituting,any other fiscal
agent which might, in it 3 opiniori, conduoe more
to tho interest of the country.
I speak solely of the question of power,
under judicial decisions; and I merely glance
at the subject for the present. Inthe event
of repeal, the private such a
Bank may have an equitable claim for in
demnity on Congress; but nothing more._. It
is wholly unlike the cade of a State bank
charter granted to individuals. Which has
been declared by the judiciary to be a pri
vate corporation.' 1
[ ’ Yes, sir,‘-‘reijieal,” "repeal,” will be the
icry'every where, should the bill now pass;
‘and the. struggla.will never cease until tl#
law . shall., be . expunged from youVstatute
book, or untU thepower of money shallliave
subdued >the free and manly spirit of the
American people.;. _ .
The Committee express a decided opinion
ifet the power of Congress to establish a
National Bank ‘‘ought to. be regarded as a
settled question,**; “It is settled,” “it mlrst
be considered as settled,” say hlHhefriends
of the Bank; and tlieir arguments upon tliis
subject have .been urged for the purpose of
proving, not that.this question ought to be,
but that it is settled in their favor: Now if
it were not'.uiiparliamentary. language, and
lit 1 did not desire to treat all my: friends oh
I this side of the House with the respect which
' f leet for them’,.! would Bay,- .thatJ.he Jdea
,bWd*t¥e’cbriWe‘jyceO
gress - when voting on t|ie. present mll,i is
ridiculous-arid-.absurd. Before a court, of
taw, in a'case involving.priyate rights under
either of the old charters, it may be consid
ered as settled; but the proposition -now be
fore Congress is to crenteanew Bank, the
two old Bankshaving lived out the allotted
period of their existence. The question is
now put to the conscience of each Senator,
and.lie is asked, “do you possess the power
under the Constitution to create this Bank?”
i,f all thp judges, and all the lawyers in
Christendom had decided in the affirmative,
when the question is brought home to me as
a legislator, bound to vote for of. against a
new charten upon my oath to- support the
Constitution, I must exercise my.own judg
ment. I would treat with profound respect
the arguments and opinions of judges and
constitutional lawyers; but if, after all, they
failed to convince me that-the law was con
stitutional,,! should be guilty of perjury be
fore high Heaven if, I voted in its favor. ■ .
I respect judicial decisions as much as any
Senator on this floor. They put at rest for
ever the controversy immediately before tha
court; and as a general rule, they govern all
future cases of the same character; but even
these decisions, like all other human things;
are modified and changed by the experience
of time, and the lights of knowledge. The
law is not now what it was fifty years ago;
nor what it will be fifty years hereafter.
But how does the constitutional-question
stand at the present moment, even upon the.
authority of judicial precedent? Have tire
Supreme Court decided ihpt any inriepenr
dent power exists in the Constitution au
thorizing. Congress to-establish a .National
Bank? No, sir; no such thing; because this
would have been in direct opposition to the
well known'vote of the Convention itself,
refusing to Congress the power of granting
charters of incorporation. ’ There is, no ju
dicial precedent in Existence which can re
strain, of ever intended to'restrain, the free
dom of members of'Congress, in voting on
the question of a new -bank. Directly the
reverse is the truth. The opinion of the
Supreme Court, in the case of McCullough
against the State of Maryland, decides no
such principle.' On the contrary, it express
ly refers thequestion back toCongress upon
every new attempt to pass anewbank char
ter,. This -decision - is-founded upon two
clauses of the Constitution; {he one confer
ring on Congress the power ‘‘to lay and col
lect; taxes, .duties, imports and exciaes”, for;
the purpose of paying the debts and. provi
ding for the common defence arid general
- welfare of the United States; and the other,
“to make aUjawaAvhich shall be necessary
and proper for carrying into execution” the
mmmcrafcdTiower3T--Theonlyp6int-deci!_
ded is; that ai.fter Congress have determined,
that theestablishment of a bank'is a means
| necessary and proper for thecollection aml
'disbursement of. the public revenue;the Su
preme;Gqurt will .not rejudge their justice
and declare that it is not a necessary .agent
to- accomplish these purposes. ’They shy'
that i.t 'must be an extreme case , indeed
wnichwould induce them to declare that the
means selected by -congress to caTry into
effectany express power, was notnecessaiy
[arid proper to Accomplish the purpose/i
They' thus e*presBly reie| the question back
[ to'each Seri'ator andßepresentative. called
j;to.act upon the’subject, and-cast upon hipi
the responsibility of deciding whether a bank
of the United,States “be to'carry
.irito'eflect the “power -of taxation, ■ ThisSs
the very point-of.the decision. ; But strange
as it whilst the -Supreme Court
have;thrisoxpressljtidevblved upon Congress
-the., decision' in the first instance of the qties-.
tion,-;<whcther a ;bank be constitutional of
gentlemen rise in,.their
places here and-gravely contend that this
very .question has been so conclusively set
tled by the Court .as .to fetter our judgments
and consciences, and compel; us toabandpn
the use .of ,our : reason, when .legislating:upon
the subject.,; SOflongaathe late bankwas
inexiBtencp,,thcjudgmentofthßCottrtde
claringit to be law
of the land in relation, to that institution.—
But it has passed away, and now when it is
proposci'toestabiish 4 new bank,.it becomes
andall; qf us,
Viven m Jjie bpinioivof the Court, to decide
"opr country—-right or wrong.”
c.
, [AT TWO DOLLARS PER ANNUM.
'Now Series—Vol. 6, No. 8.
for himself whethcr' this is a necessary, ngeilt
to early into effect the taxing power.vFor
my pwn part, Ido not think it is. I believe
that the Independent Treasury is an infi*-
nitcly better agent for the purpose of cdllect
ing and disbursing the public revenue. X
should greatly prefer, to a, United States
Bank, even a system of special depnsites of
the public money in State banks, prohibiting
them under severe penalties from usihg.it
Tor banking purposes; although in compari
son with the Independen t Treasury, I should
disapprove and condemn such a plan. But
any agent for'me, rather than a National
Bank., The Judiciary then, most clearly
have not settled this question.
But even if the Judiciary had> settled The
.question, I should -n;bver‘hold myself bound,
by their decision, whilst acting in a legisla
tive character. Unlike the Senator from
Massachusetts [Mr. Bates} I 'shall never
consent to place the political rights and lib
erties of this peoplg-ih the-hanils of any ju
dicial tribunal. It was, therefore, with the
utmost astonishment! heard the Senator de
clare, ; that. Im considered the expositions of
the Constitution by. the judiciary to be,e
qually binding upon us, as the expostions of
of the moral law by the Saviour of mankind,
contained in the Gospel, were upon Chris?
tians; and that they were of equal authority
with the text of the Constitution.' This, sir,
is an infallibility which.TvaS never before
claimed for any human tribunal; an infalli
bility which would convert freertieh into ab
ject slaves;, an infallibility which would haVe
rendered the infamous sedition’ law a’s'so
cred-as the Constitution itself,' the judicia
ry having decided-that law to be cbnstitu
.which. wpuld' >
tedktht'oughouTTlierwliiSevoxtcnT'hT'f^'U;-
onrof speech, No. sir; Wofif.ls'not Tile fe
nius bf our institutions to consider .mortal
men as infal fibre. ■.
No man holds in higher estimation than I,
do, the” memory of Chief Justice Marshall;
butT’shpuld never have consented to make
even him the.finaf arbiter between the Gov
ernment and dispeople' of this country oh
questions of constitutional liberty. - The
experience of all ages and-countries has.de
monstrated that judges instinctively lean
towards the prerogatives of Government;
and it is notorious that the court, during the'
whole period which he presided,over it, em
bracing so many-years of its existence, has
inclined'towards The highest assertion of
Federal power.. That this has been done
honestly and conscientiously, I entertain
not a doubt. : ‘
The principle'of constitutional construc
tion which Would reduce the power to es
tablish a Bank of the .United States, from
the source where it is said to exist, would
break down all the barrier's creeled by. our
fathers between Federal and State authori
ty. If you can infer this power from the
simple power of taxation in the Constitution,
I ask what other power which you may de
sire to exercise may be inferred from that
or some other clause? An ingenious man
might thus fasten aiiy power which Congress,
or the-President iqay desire to cxercise, on
some one of the express grants contained in
the constitution. Biit the incident cannot
transcend its principal—-the stream cannot
ascend higher than its fountain, and upon,
the mere power of levying theTnxes- neces
sary to support an economical Government,
you cap never -erect a vast corporation to’
Overshadow the whole land, and, if,not in
form, yet in substance, lb change' the char-|
acter of' all pur institutions. Never, never,
can you TairlyThfer "'the'existence; of j the
power tbtereate a Bank from that of the!
power "to lay. and, collect taxes.” ~,But it
neither was nor is my purpose to enter upon
the .constitutional argument-furtherThaii to
.show that tne question .has not been settled.
If the question has hot been settled by the.
Judiciary, has it been 'settled by Congress?
Certainly not., If two National Banks haye
been chartered, they have bbth beensuffer
ed to expire,at the termination of their char;
te'rs, becaus their existence was believed to
lie a violation of the .Constitution;,. To say
the least, then,"the legislative piecedentsare
equal on; ebch - side., But if we tike into
consideration The repeated attempts to estab
lislTa Bank.Tvhich have failed, Congress
have much oftener’decidcdagninst the power
than in its favor.
The, people have never failed to decide
against this' power, when the question .has.
been distinctly presented to them, as it was
at thePresl3ential~election~of-1832,~aftcr
General Jackson had vetoed the'Bank char
ter.' In short, the question has neither been
settled by the Judiciary, nor by Congress,
nor by the people, nor the Executive, unless
it hriny have been against of
■this dangerous power, and against the policy
of its exercise. '[l!- _. : J '
The.coiUmittee say that ."they have adopt
ed. Washington, city, proposed bythe Secret
tary of the Treasury, as the place of location
ofthepnncipainank.VTlieScnatbrfrom
Kentucky J"Mb. Glay3:has j'nformediUs.that
he felta slight preference. ,fpr;‘other places;
but he agrees avith the committce iii hcliev
ing that this- is "a subordinate question:”
He, has; therefore, I kindly yielded
the point to his companions ondhe comaiit
tee, for the; sake of harmony, Now. sir, I
consider-. thiS/ppint which the, has thus; any
rendered to be of the yeryjast iihporlance.
7, -Washington .city. then--a place destitute
of commerce,; either foreign or domestic—-is
the ehpsehhpoie;of tljis great central money
ppyyef.;.;lf you, desire, a,bank for: the pur
pose of facilitating the commerce, encourag
mg,the manufactures, and promoting,th’eogfj
ricullure of/the country/Washingtori
is the very worst spot for its location whicfit
could be selected within the broad lirnita bf
theTTnion. But, sir, if you wishutdegtabV
lish a great Treasury jßank, which shall ibe
Under; the direct influence and control of the,
universe; is the yety rfacS fOr;!
power tQumon will behrotight ihtooon-
AGE'NT
JohnMoork, Esq* Newvill ' T
■Joseph M. Means, Egq; HopewelUownsmp.
JoaK Wunderlich} J3sq. Snippensburg. '
,William M. MATEKR'~Esq> Lee’s X Hoads
John Mehaept, Dickinson township. .
JOHN Llekdenjit, ttogestown.
George P. CaJn, Esq. Mechanicsburg 1 .
Frederick Wonderlich, do. •'
Joh j btoucn, Esq, Stoughstowh. ■
Daniel Kbysbbb; Esq. Churchtown.
Jacob Longnecker, Esqj Wor mleysbiitg.
Jv B t DrAwbaugh, Cedar Spring, Allen tp.
Martin Shiremanstown.
junction with'the political power; andhere
theywill act together in'perfect concert anil
harrtwny. Henceforward there; Wilf be' no
jarring between these two' high powers.
Now, air, whatever may have bgpiathe
design of the projectors of this Fiscal Agent,
this institution, should it ever be established,
will be, .both in fact and in form, nothing
more nor less than a Government Bank; 1 If
I were asked for a definition of a Govern*
ment Bank, could Ijgive a better, one. than to
say, it is a bank over whose directors the
Government will possess, from the very na
ture of its organization, a controlling influ
ence—whosestock will be chiefly owned by
the Government*—whose surplus profits, be*
yond a limited dividend to private stockhol
ders, will all belong to the Government—*
and whose chief source Of profit will be to
loan out to individuals, and use, according
to its own discretion, the money df the Go*
vernment? I think I could not give a more
perfect definition df suClra Bahk than is”
embraced in the particulars which I hav.e
just enumerated. If this be true," and Who
can doubt ij, then this Fiscal Bank of, the
United States will be a Government Bank.
And, in the first place. Government will
have a controlling influence over the direc*
own Fiscal Agent. Who will
these directors be?; Not merchants; nht
manufacturers; not men actually-engaged in
business. Sucli. men will never. leave their
home &nd their employment, to reside in this
city, and to become directors of this Bank.
They will remain in Boston, in. New, York,
in Philadelphia,.in Baltimore, in Richmond,
and ev,ery where else except in this city, at*
-tSs,din£Tp-their. business*. Here no such-,
uj- upinion that -
r draft selected• beyond i
Whdvffieivrwirt?'
these directors be?. Does it not result, from
the very nature of things, that they must bo
politicians? Who would come to this’ city,'
arid spend tlie whofe. or the' greater, part of
the year here, ns a director of this Bank,
unless it were some political.cormorant, de
sirous of obtaining influence for himself,and
office for his friends? .Now, air, if you de’- ■
sire to preserve this Bank of the United
Statcs.freerfrom the influence and control
of politicians, which must be the case.should
■you locate "the bank here, you Ought to plant
it in some commercial city, where merchants^'
and men of business, having a greater inter*
est in commerce than inlpolitics, wmjld be*
come itsdirectors. This District is redolent
with politics. Here, “we live, move, and
have our being” in an atmosphere .of politics)
and during the walks of these directors- he- ,
heath the groves of the Capitol,' fto use the
language.of the Senator from Kentucky,)
politics and not philosophy wlll be the theme
of their ..conversation, and politicians, hot
philosophers will be their companions.- Of
all men in the'wprld, the moneyed aristoc*
racy a.re' the most, anxious to propitiate .the .
Executive power and acquire political influ*
ience. There are no persons before whom
stars and garters and foreign.missions shine
with such dazzing splendor. They have
already acquired wealth; and what they most
desire afterwards are political rank and
standing in societyfor themselves and their
families. Truly Washington is the - very spot •
in which to establish a great political Treas
ury Bank,' and here it will flourish in the ut
most perfection.
But let us proceed one step further. As
if-fdr the verypurpose of placing these Di
rectors more effectually under the control of
the President, their nuiiiber has been redu
ced tb nine is the number."' The first Bank ■ '
of the United States had twenty five direc-.
tors, and the Executive appointed none of
them. It was said, and truly said, that the
Government, notwithstanding, exercised- an
undue influence over this Bank; but before ,
theycguld obtain it, they' were obliged to
propitiate'atTeast thirteen of these twenty
five directors. The. nuniber afforded some
security against Excutive influence. The
second Bank of the United, States had also
twenty five directors, one-fifth' of whom
were appointed- by the President; but still
eight of these elected by the' stockholders
must be gained over to the Government iii
order to obtain ~.A'gjf for tl|g
very purpose of rendering this Bank a. merV
Government machine which will wort easily,,
the number of Directors has been reduced
to nine. .I do not say that thisJwas the.infen- ■
tion; but such must be the inevetable cfrcct.
When we consider that these nine directors'
the very eye ofthefixecu live, it must; be ad
mitleU'lpy, alb tlmt there never was si.better
contrivanccfor making this a mere‘rotten
borough political Bank, to be usbd for his ben-,
eflt and at h.isipleasue throughout the Unidti,
whenever oceasiori may require. But nine
solitary .directors !., And "what else?’ One
tliird of these,r-jnstead of one-fifth ag for-'
rnerly, are to be appointed by the President.
They wilt be his ow’d, dependent, creatures
and directly under his own control.v"ln our
former Bariksi:the directors received.no'gal
, ary. It was supposed they woald' bB hien:
ofr-business, owning stock jri ,the institution,
whp woulcl give, their time and, services.to
promote its interest arid, thus to benefit theinr'
selves, as well as the .community of which,
they were members.' But in this Bank. the ~
directors will be salaned officors, arid three
ofirthem,jriaybef- dependent. fur. tjte bread j.
whlcH^feeds their,Wives anjl'.lihewjphtidreriv
9nitl(e r v9j[r9£.die l of ,fhe, 4 U;. States.,.
If he ean Obfain but tyro of tho dnectors.eV:
lectedsiby thei stockholders, he, will then
haye. a rnrgority of the.boanl. Iri thiß ha
ttyrpgWbwpter no, diffioully.;%\Ve|ij(h and "
powetareever.reaUf
et 4 s,ar%;hndthe v ßan
w|ll;acVin.harmqnmuaun^
;^qhB, : l-most sblqmniy’dcclare. thatbfi-$
lBabky-ranbrte- r
, to: the Senate ,by ■the Se'cretary o tflie Trea
e?ertiserif:t|iepower - clawieitocreateaf
-i. ,I'' W-'. 1 ; ,?rV. - :