the chanitterandcredit of the country?—!
Was it hot ‘Sank defalcations? VVas there
a that We did nut hear of,, hew
frauds niid, forgeries, and new defalcations
Mud elopements?, Tire tilin'; had gut to be
so common,’ that it no longer produced any
sensation. And where were the menwhu
had -been guilty of these crimes? - In our
prisons and penitentiaries? ■ Not at all; they.,
were walking about through the land; .and
so tlturougli had the contagion become, so
had it blunted thc mural Sense of tli.ifcom
munity, that such ulfenders were received
into society , and treated as if they bad never
been guilty of a .crime; The case had be
>cume a proper subject fur the thunders of
the pulpit. The voice qfswimUing bad be
come so general,.and bad enjiiyed such im
punity, that it,was growing unconscious of
.its . own malignity and . baseness'. And
should ive now, when this iniquitous system
was about to ru'o down ami perish by its
owri corruption—when the .Bank of the U.
States had destroyed the widow and the
urphan, and_plundered all-who~had,-trusted- -
tu it, open a new fountain of corruption to
flood the land, by establishing a new Gov
ernment Bank, on principles as false ami
baseless as those of the worst institutions in
the country? , He trusted nut.
A few words mure, and be was done.—
He asked where was the warrant in the
Constitution fur such an institution? Would
any gentleman point it out to him? Did a
scheme like this liimc from the good old
school of ■ Virginia abstractions? Was .this
in accordance with the principlcsvof the
■cveivmemorable resolutions ut -1798 ami
1799? By what mode of construction could
such a measure be warranted? Was such a
thing as this Exchequer Board a necessary
or proper meatfs to cuiyy into effect any'of.
the enumerated.powers of this Government.
This hill, in its leading principles, had
been shadowed forth on this flour in 1837;
•but Mr. B. had then resisted the:giant intel
lect which brought?it forward. It was (hen
contended that the United States. Guvern
mentrhad a right tu issue paper money for
circulation, and to control.the issues of the
State banks; Yes, this .same scheme had
been shadowed forth, by the great expounder
of thp Constitution —one who had earned
that title ; by adopting, he doubted not hon
estly,., the,utmost possible latitude of con
strucuoii which rjould he nut upon that sa
'cred instrument. Mr. ,B. had their felt
“proud fn opposing it, .and had'been much
gratified 'to know that the Senator from
Kentucky [Mr. Clay} concurred with hioi'
in opinion. But What had'become, of the
constitutional, afghuient now? The power
was-taken fur grunted in the letter of the
Secretary of the Treasury, It was deemed
so clear, Mr. B. presumed, that ft was nut
..thought necessary evert to allude to it.—■
The .question was not argued or-referred ill.
' in tire remotest manner. “Mr. B. had,' to
1837, denied, the power ,to regulate. the
paper currency, as oof to he found in the
Constitution. .. It was then claimed as inci
dental, tu the power to regulate commerce.
What sort of a construction was this? Our
fathers were'jealous of Eederal power. In
the Constitution that power was dealt out
with a reluctant hand. The power tu regu
late commerce hail been granted simply fur
this reason: different Slates of the Confede
ration had imposed different rates of duty
on the, importation of .foreign articles,, ami
those States whose tarilf was the lowest in
troduced the goods from abroad, and then
pushed them into the States which exacted
u higher duty; and thus a perpetual war of
custom-houses was ihaintaiiied. Besides
this, we were unable to make any commer
cial treaty with a foreign nation, because
the Government hud,no power tu enforce its
observance. Hence the power “to regulate
commerce with foreign nations, and among
the several States, and with the Indian
. tribes.!’
This mere primer'' of regulation is the
eiiuplestjof all powers. In the language of
the late Chief justice Marshall, "it is .the
power to prescribe the rule by which com
merce is to be governed.” What would the
venerable patriots, who framed the Consti
tution, think oi‘ say, could they now witness
tlns attempt to pervert this mere power of
legislative regulation, into an authority to
create a great Government Bank; and to
issue millions of the same kind of paper
money 'which they had solemnly condemned
in the Convention., A power to regulate
necessarily supposed t the previous existence
of Something to be regulated, it was es
sentially different from a power to create.—
'thus the Constitution had conferred on
Congress the power “to coin money.”—
This was the creative power: and then after'
this money, had been called into, existence,
came the power ‘‘to regulate the value there
of.” Commerce, both foreign and domestic,
was in existence'when-the Constitution‘was
adopted; and it simply conferred upon Con
gress the power to. regulate; that is, "to pre
scribe the rule by which it was to be gov
erned.” ; • ~ . -
A similar course of argument might be
adopted, with-much greater plausibility, to
prove, that Congress possess the power to
enter the territories of the sovereign States,
and without •their,- consent, construct rail
- roads and canals. It- might be said that
commerce could not be-conducted, without
railroads and canals, and therefore Congress
possess the power-toconstruct them.- By
the same, course.of reasoning, the Guvcnir
ment might itself ; engage in 'commerce to
prevent’ it from languishing fur want of
private capital,[arid like the Bank et the U.
■ States become a buyer and seller of cotton
• as. well .as of exchange.’ -
It was.also urged in IB3r, that the "power
to coin money and regulate the value there
\ of,” conferred the power , to.create paper
inoney; that, is, because -Congress ran es
tablish a. mint - for the purpose- of coining
gold and, sijver. that, by: constriction, they
possess, the power also' of-es(hbjid»i.ng a
. paper moiiey mint, such asfthis.Tisehange
Wank, fi» cover i hecou i itrywi I h- th n i r- o w n
l*'UB °f credi,t. ;-'l'lie very power-to coin
hard money, Which isi'from its nature;-
elusive of amy power over paper: mone'fes
that; which has been seized upon to pr'ove
that paper money inay.be emit led-under l the
authority of Congress, i'l'his seijnied tn him
to be a moustroui antl revdltiiig irifcrence.
-/•; Tins pnwee,is claimed Cjysuch.ihferetices,'
in the very face of the gideinn action’of the
Cimventionop the very subject.viUiiderdiie
(dd articlea uf Confederation, Congress pos
sessed the power. ‘* tu : burrow -money or emit
liUvvHjhe:credtlO'fllteUiUledStulca. ,, r±
n The present
Constitution expressly’"denied to Congress,
this power of emitting such bills of credit.
Twice' was the attempt solemnly made in
the convention to confer this very power on
Congress; and twice’did itjsignally fail.—
Yet this power, which was stricken out of.
the articles of confederation, and was twice
expressly refused; by flic'.convention, Vos
'now. contended to exist, in its Utmost lati
tude, as an incident.to the commercial and
coining powers! This attempt liever sprang,
from the ‘glorious old Virginia; school of
strict construction. By - such a mode of
reasoning; an Ingenious man might find any
power wiiichhe desired to exercise; slumherv
ihg in ,the text ofthe Constitution.
Air. 11. concluded by'repeating the assu
rance tlmt no remark made by him otr this
occasion was intended to apply to the pres
ent Chief Alngistratc of the United States.
He believed Mr. Tyler to be an homtsf man,
and' patriotic in his motives; but'he had
deemed it duo to himself hut to -suffer a
measure of this kind to be before the Senate
- for-weeks'-and'-months—without-expressing
any opinion, and (hen tu come out and op
pose it.. The-party with whom he acted
were in the-habit of showing their, hhlids-at"
once—in the very outset,' If the President
should devise any measure confined to Urn'
collection, safekeeping, and disbursement of
the public money,, unless it should contain
some gross and palpable ground of'objection,
the measurc'shuuld have Air, B’s .support,
in. the hope that, after all experiments should
tave been tried, and reason Should have
time to prevail, the people and Governmeo
would at length retunrto and re-cstabliil
the Independent. Treasury.
MESSAGE
Op THE Governor, returning with 1113
OBJECTIONS, A BILL DIRECTING SUITS TO
BE BROUGHT BY THE STATE TrEAS- •
URER, FOR THE USE _OP THE.'
Commonwealth. . ;;
To the Senate and Houses>f
of the Commonweal! ho/Fejmsjjluaniu.
Oentlemen :—The bill entitled “An Act
directing certain suits to be brought by the
State Treasurer fur the use of -the Common
wealth,”. is returned to the House of .Rep
resentatives'in it originated, accom
panied; Witlf thhrcasonn that constrain ine-to
refdSe.itmy sanction; I feel'it my duty to
Btatovlhat the bill is a most-extraordinary
one, Viewed in whatever light wJj. may
And the nianhcV in which it .was originated
and heralded to, the notice of the public,
was nut less, extraordinary than the bill
itself,' -It was not passed till the very
day before the adjournment-of the Leg
islature, when, amidst the throng . of
business,, then pressing on me, it was too
late - to , return it- with my' objections;. It"
was'accurdingly held over until this time,
so'that the members'of-the-House,, and a
portion.of the .Senate,-Vvlio wero“elected
at the last general election, can pass upon
it in such a manner-as-they see lit. . -They
cannot be unacquainted-with the fact, that
it was made.the theme of partizau ribaldry,
in all quarters of the State. They can,
therefore, judge of the merits of the meas
ure, and-of the uses fur which it was de
signed.
The peculiar nature of this bill, calls on
me to say a word in regard to the report of
the Committee, which introduced it to the
Senate and the public. The report pro
fessed to give the facts, on which the last
four sections of this bill were predicated;
and the reasons that justified their adoption.
The report of the minority of the Commit
tee, exposing the mistatements and contro
verting the arguments of the majority, was
excluded from the journal, on a pretext
which operated with ten-fold force against
the printing of the report of the majority.
I think tlie legislative history of this Com
monwealth, will be ransacked in vain, for a
parallel to this majority-report. The truth
of certain statements in it; deemed materi
al by its authors, will wear a strange aspect,
when tested by. the journal of the Senate
the preceding year, and -by the Executive
minutes, from the adoption of the constitu
tion of XrfiO. down to the day on which the
report was made. The querulous carping,
personal, and indecorous tunc of the icpurt,
I pass over without remark. It only proves,'
as'Soine may think, the good taste and man
ly spirit of-its authors.' These are quali
ties, nut for me to applaud ur celisure, they
belong to their constituents.- I regret the
absence of the authors oLthis report from
the Senate, fur I should be glad-to afford
them an opportunity to vindicate a,measure
which seems to have been dear -to their
hearts; but we are bound to presume, that
the reasons of their absence, are entirely
satisfactory to their constituents.- These
observations are now made, only to apprize
you of some of the. circumstances that at
tend the origin of this bill, and to enable
you,, the mure readily; to understand the
force and application of my abjections. ; ...
'—The four-last sections of-this bill, provide
for the institution of suits against Daniel
Sturgeon, late State Treasurer,’ ■ and his
' sureties, to recover back- the-whiole .or.part
of the sum of two-thousand dollars, alleged
to have been illegally .paid, on four execu
: five warrants, in ’favor of Ovid F. Johnson
: and James Madison Porter, Esquires, for
i professional-services rendered, in the cases
- of quo wafrmto against Isaac Darlington
and Oristus Collins,-claiming to be Preai
i debt ■Judges,-respectively, of the fifteen.h
’ and second Judicial districts. ; ‘
, The said wai rants were drawn on' the
i said Daniel Sturgeon, State Treasurer, and
paid by' hiin'in thmusual manner. .His ac
■ counts -'were duly settled and a Ijnbed by
. the proper departments, including and e(x
-■ hibiting the said warrants. He made re
. port of the 'same to' the legislature at the eh-,
; suing session. These Warrants were especial•
■ iy made the Subject of -legislative notice.
; Senate journal of 1840, on hall of
- Mr. Fraley, page 75, and House journal,
i resolution of Alr.Droilhead, pageSS.j-And
the legislature 1 , fojwhich his report was iiiadc,
received the sanie, ai/d passed it' without
disapptpbation. or diiecting to
he - commenced -thereupon; -' The ’State
i Treasurer is subject (6 the calj and'control
of diev legislature at ilt times, while in of
■ fioej. and-if he . makes iriis-payinentsrifthe
• public, monejf, or illegal payments, if is tlie
- duly of that body to bring him’to account
i as-sohn' as-such delinquency copies to-its
knowledge. If is not- to be supposed that
1 die legislature' will', neglect m-.sliiiiik from
; the performance of. its duty.-niiil I ny,; y e t
■ the digi^afut^gfy4^4Q|7iya^
more remiss in its duty, or less watchfuVof
the. public welfare, -'than theVlegislature
which passed this bill. -I
T It', is hot bnly ul'tcr all lheßcproccedings
that this bill provides ppeniiig agaiir lhe ac
count of the Stale Treasurer, but it express
ly .enacts that no.settlcnirht, oral ledger) set
tlement of ihc same, shall be regarded.' It
also provides that suit Shall be brought, not
as is required in all other cases of a sim
ilar kind, in the county where the seat of
government is located, but in a remote coun
ty where the said Daniel Sturgeon resides;
and sit'd is brought tuu.'in that county,, a
gaitist all his sureties, and process to be ser
ved un thcin in any other cotintyof the
cumjmonweallh. ; It also provides, that "it
shali'be the duty of the court,' on the hear-
'hf-.the pause, to admit in evidence cer- 1
lifted copies of the vouchers or accounts'on
file in'the office of-the Auditor General or
Stale Treasurers : It is perfectly competent
for • the legislature.to provide that copies Of
vouchers; &c. shall' be hereafter received as
evidence in -the-same manner as the origi
nals would be, but this bill goes much far
ther. It hak a retrospective operation, and
compels the court toyeceive certified copies,
although the Original papers might nut he
'aOniissabie- in evidcnco at all, . Nor dues
it designate wiiat vouchers or accounts it
has reference to; for aught that.appears, the
Court of Common Pleas of Fayette county
would he compelled to ' admit: in evidence
certified copies ,of the vouchers and-ac
counts in the office of the State Treasurer
and Auditor General;, which have been ac
cumulating sincc'dlie'’organization Of the
government. A more arbitrary and unrea
sonable law it; would "be difficult to- devise.
If this'is to be considered as a precedent,
no man’ in Pennsylvania can tell when he
is safe. Settlements, of accounts made in
tlue form of law are no protection. They
ar%,to.be treated as null and void. If this
can be done two-years, after the settlement
is made,' it. can be done ten or twenty yeal'S
after, when witnesses are dead and vouchers
lost; alid to crown all, .the suit may be
brought two hundred miles from theseat of
government, and .certified copies of vouch
ers and papccs of all sorts and all kinds are
inadc.cvidence, however irrelevant the,ori
ginals, might be, in open and inanifest viola
tion rif^ve.ry-principle Of justice a/td eOety
rule of law, 'that'hasf hitherto been iciiow'n
in Pennsylvania; . *-
. Not-contgut with' selecting the . cburf aVul
declaring that things shall be-evldenccwhich
are not evidence under the laws of*the land,
this bill further cnac’ts that if the decision
be against the commonwealth, the President
Judge sliafr reduce his Opinion to \Vriting
and tilO the same,'and the State Treasurer
shall remove .the said cust into the,Supreme
-Court-for. trial and adjudication. No dis
cretion is leTt to the court or the State Trea
surer in this matter,- but, however idle and
unfounded they may deem the claim of the
commonwealth, they are compelled to'rc
muve thc case into-the Supreme Court. -
-Independent of the provisions of this bill
already noticed, there an objection
of more conclusive weight, which reachesat
once the . entire merits of the case. That
the proceedings in this matter against the
two persons claiming to be judges, were re
quisite and necessary, is shown by the de
cision of the Supreme Court against their
right to hold the offices which they sought
to usurp. The araountof compensation al
lowed to the counsel has not been disputed
by any one competent to estimate the labor,
the responsibilities, and Jhe nature of the
services performed. ~The whole question
presented is, as to the constitutional right
of the executive to draw Ids warrants for
any sum at nil; I shall proceed to show
that the right is as clear and undoubted as
any oilier right exercised by the Executive.
The 13th section of 2d article of,the con
stitution enjoins on the Governor that "he
shall take care that the laws be faithfully ex
ecuted.’’ This is a - brief summary of the
duties of the Governor. He is bound to
see the laws faithfully executed, and he is
amenable to the public fur the honest dis
charge Of this duty. This is the most,vital
function of our government. It is the main
spring of,all the others. Without this, laws
and constitutions would be mere waste of
paper, and the government itself a mockery.
To enable the Governor to., perform this
high duly, he is necessarily invested with all
needful power and authority consistent with
the laws. He must employ agents—he must
direct p rucecdihgs—he must invoke the aid
of courts pf justice—and he must have com
mand of reasonable pecuniary means tit con
duct those, proceedings which he orders to
be undertaken.
■ This is not only the constitution, birf if 1
has' been the constructionaif the conslitu-.
tion, since the year 1790 —under every Go
vernor—in. the face of every Legislature,
since that day, has,this power been exerci
sed; and the present is the first instance, in
all that tithe, wherein it has been contested
vir—questioned.—Gascs^abound—ln —which-
.counsel have been employed: in the.same
manner, and paid, and.in which rewards have
been ottered and paid in the same way, for
the detection of otfemlersron-the.warrant,
of the Governor. In these two classes of
cases, the money' is paid on' the same princi
ple. ; If the Governor can pay a thousand
dollars for. the apprehension of a no Sender
agiinst the law, cannot he pay such sum, as
ho deems reasonable, fur his trial and con
viction? The exercise of this power, is of
course, to be litnjUed to fit and appropriate
cases; but' Inc- constitution- has made- the
Governor the judge of the occasion as it a
rises. He is responsible to the public-for
his action; but he is, nevertheless, to judge
and,-decide fur himself. I deemed tlie.ca
ses, in which . the sums sought’to be reco
vered by : this bill, were paid, fit, cases fur
judicial Investigation. I directed the,inves
tigation. ,1 directed-the.inquiries to be in-;
stituted; it -resulted as I anticipated,: arid 1
drew my warrants for such sunvsi to com
pensate counsel, as I . thought reasonable
and.justi,They weferpaid bytlieStaleTrea
surer,- .in' the. usual: manner, and riow,:.two
years’ after the accounts: are settled arid .clo
sed, in the only form known to .llie la wg. il
is ; proposedvtorsue'for'lhe- recovery of this
money, on the pretext thatit was pot legally
paid.’ And .what is Idtir-nllegfed-I Illegality?
Tlrnt tlte constitution prohibits .money from
being drawn,out of the Treas'uiy. except in
consequence of appropriations made by jaw.
—This is all very well, if those who object,
would palv. take the trouble , tovcbnsidePi
that thri clause’of the: constitution which
makcs it lhetduty.ltr the Governor, to see
the taws faithfully executed, does clearly
and unquestionably appropriate the neces
sary* pecuniary means-for that purpose.
Therela afwavsa fund.iifthoTreusury to
meet such icon iingqlil cases'as ninyhappeii,
and the constitution directs the appropria
tion, in aid of the execalioii of the laws,
wjthuut requiring legislative interposition off
the subject. This'has-been ltie v .seiiac.givcn
to the constitution since 1790,as understood
and practically enforced by every Govern-1
or, in. numberless cases; and as the same
clause remains in the amended constitution,
as adopted by the pbdple, w\thuiit change, I
lake it for grunted this construction ot the
constitution, met with the approbation of the
community,
'ln interpreting the constitution, we'must
look at all its provisions, as an entire instru
ment—as constituting the'foundation of-a
government, and nut at detached lines or
sections; considering the whole constitution
together,- ho intelligent man-can doubt'that
deconstruction which has always prevailed,
is right. It renders the functions of-gov
ernment' harmonious, consistent and effec
tual; but reverse the rule of construction';
aiid resort to the petty quibbling- which
looks not beyond a section at a time, and
we should have a government totally uncon
nected, discunfhfl.t and impracticable; 1 the
jest of. statesmen—the shame of all trite pa
triots, and the derision of knaves.' Such a
government, in my opinion, would the'pas
ssgo of this bill prove 'ours to be.
-a»sSiiice the principle contained in this hill,
has. been assumed by the State Treasurer as
the rule of action, I have forborne to offer
rewards for-the »ppreheifsion o of those who
htid perpetrated the must atrocious crimes,
although ' several instaiices have occurred,
in which I thought such rewards would have
proved highly conducive to the cause of jus
tice, 1 cannot but think any construction
of the cotislilbiioff, which leads to such'a
result, not only unfortunate, but disgraceful.
It is unworthy of Pennsyjvdiiiia—it is at
war with the enlightened spirit of theage.
Such being my opinion .of this measure, I
have felt its my duty tu'express it frankly,
and fully;, and having done so, I'ii'uw sub
mit.the whofe subject to ypur consideration,
to. be disposed of as yim may think a sense
of duty, and -a proper regard fur the const! ■
tutibn-and laws,.require.-
- ;■ PORTER-.
Ex ECUTJVE C IIAMEBR, ’ ~
.danunry,6, 1842. $
1S JE JP die T
Of a. Select , Committee, of the Seriate rf
Pennsylvania, Upon the subject o/-, a
Repudiation of the State Debit '
In Tiitf Senate of Pennsylvania,
■■ January 10,1842. !
Mr. M’LanaiiaN, from the Committeeto
whom- wiis referred the proceedings of a
inccting held in (he city of Philadelphia, on
the 30tli of December, last, at which Wil
liam C. Parker officiated as chairman,'and
Alexander Browne as Secretary, - oil the
subject of the repudiation of the State debt,
Sic.; made a Deport, which was read as fol
lows, viz:—
That the subject presented to their con
sideration by the: resolut on of the Senate,
is one of deep and {thrilling importance, and
has received their fmist earnest attention.—
It speahs its own magnitude, fur it involves
in its consequences, the faith, the honor, nay
the very existence of the Republic. Your
Committee deem it due. to themselves, to
the Senate and'to the Country, that their
deliberations upon .the- matters submitted,
should be conducted with a moderation and
firmness, that will prove not only decisive
in its character, but in its purposes—that
Will inspire the people.with confidence in'
the prudence and integrity (if this branch!
of the Legislature, and will prepare their I
minds for the acknowledgment' and adop
lion of those principles upon which the very ,
structure of the government reposes.
. The question of the right disj o'tion of the
public works, and of the resumption of spe- {
cie payments by the banks, will claim'the 1 .,
attention of this body at the proper time.—
The. report of your Committee therefore,
only refers to the position assumed.in the
proceedings of themeeting, with regard to
the repudiation of the State debt; aad this,
•they conceive,"calls for llfe'uiost prompt!
and unequivocal expression on the part of!
the Legislature. ,
• It would seem almost.supcrfluoua, to cn- j
ter into any argument upon a subject which |
addressees itself mainly to the moral sense
of~ inankinll .nnd'app'calsfor ifsa'anclion to •
every law human and divine. The funda
mental doctiineS of our republican institii-j
lions, arose from and can only be sustained
by the intelligence and virtue of the people.
To either impair or destroy these great;
securities of free government, is at once to,
strike a fearful blow at the liberties of the |
country. . Your. Committee, however, are
satisfied'that the citizens of (his State feel
u'virtuous-indignation against-the doctrine |
which, would repudiate the payment of, tl e
credit, the honor, .the integrity of the Cum- >
monwealth. •
Fully aware of the financial embarrass-
incuts-(if the State, the general derange-!
ment of the currency, and-the one ous im
position of taxes on the people, your Com- ,
mittee are not surprised to find that the .
public mind, lias been directed to. the con
sideration of these important subjects.—
They cannut, however, avoid an expression
of astonishment and regret, when they learn
from the proceedings referred to .them, that
the mode proposed for relief from, present
difficulties, is- the legislative disavowal of
our public.debt; and while they would n.it
uridertake to deny,, that much of the peo
ple’s treasure may have been squandered'
by improper and injudicious'lC’gislation, yet ;
they hold in utter abhorrence; the' doctrine
that .this renders the government irrespon
sible, for.the payment of all its liabilities.—
The! public; faith is pledged forVtbe true.per
formance, of all. contracts made by the su-1
preme authority, in the State, under the,
delegated . .powers! of the - constitution.— I
These- chartered. ; powers, of ; Government,,
derived ,frmn t|ie ;peuplttf-in their sovereign ]
capacily. aroiculiferrcd 'by the constitution;
arid , limited' by the bill of -rights; ■
have.becn riot only thuS-delegated, but have
always, since the; adoption: of fhat insliu
riiciit,. been [.exercised and acknowledged
wilhoutaquestion. The debt of I'erinsylf
yania’bits:been freely arid voluntarily con
tracted./by the joint action of; the;.seycral
corordinate departments .'of. .government,
chosen at various times by the voice of the
people)' The faith of th'e State has been
most solemnly andsacredly pledged topay
it as, ami when it becomes'due, in specie or
its enuiyalent. That the money thus bor
rowed, has been misapplied, wasted or lost,
in extravagant'and unproductive specula
tions, is uuf -fault.'or otir; misfortune. The
toss ought to full upon those who have been
the occasion* of it, and nut the unsuspect
ing creditor, , who.bus' invested his .money
in theconfidence that a great State, with a
republican form of. government—with a
population proverbial for integrity of char
acter and '.Honesty tif
with the most- ample resources;of wealth
and prosperity, would/iiever prove'faithless
, to its engagements, or fail by mere pecuni
ary sacrifice, to maintain, its.character un
• sullied; " : , . ...
■ The resolutions of the meeting which have
been forwardedlous.affirm that the Legis
lature has no power to contract a debt for
the object' of internal improvement—that
the laws which have passed authorizing it»
are - without~constitutional - warrant; and-,
therefore, null and void. The, committee
are not disposed to enter into-the considera
tion of the question whether a Stite would be
bound in equity to refund money which had
been received, appropriated and used by it,
though under the pruvisiups of an uncon
stitutional law; That can.never be made
a question as regards the,debt of Pennsyl
vania. The power of the Legislature to
construct works of internal improvement,
and to borrow money; if necessary, fur that
purpose, cun admit of no doubt whatever in
the niind of any one in the least-acquaint
ed [with the best settled principles of con
stitutional law. The constitution .of the
-United States establishes, fur the Union, a
government of limited powers. The au
thority of its Legislative department iare
stricled to the specified: cases, which/are
enumerated in the Federal compact, arid:to
those which are necessary and proper to
carry them into effect. For every; act of
Congress there must be produced .the war
rant of the constitution, express or necessa
rily implied. Such would have been the
only legitimate, const! uction which cutild
have been-put upon the original 'frame’of
that instrumen'. But the- people of the
United States have, net sein.fit to leave so
They have expressly- declared in the
article of the am end inch t," that “the powers
nut delegated .to the United , States by the
-constitution, nor prohibited- by it to the
States, are reserved, to the States respec
tively, or to'the people.’’' The universal
recognition of this most important principle
of our Federal Union, and the fondness
with which it has evar-.beea cherished by,
the great! body of the'people, has .sometimes'
led to the ‘.rroneouf application of it to bur
State governments. It.is, however, a prin
j ciplejustns well, and lepeatedly recqgnlz-'
led and settled by thejudiciary ahd every
| department of government,..it is believed in
! every State, as well as the -concurrents-of
the particular Slates may' excuse all the
powers of sovereignty which reside in the
body'of the people, except in those cases
prohibited in the constitution of the United
States, or.of tin; particular State. Tn a
question on the constitutionality of an act
lof the legislature it will nut do to demand
the production of the article and section
which authorizes it. The clause of the con
stitution which prohibits it must be shown.
If we turn to the constitution of the United
< Slates we find there no prohibition on this
I subject, unless the clause which restrains
the States from einilting bills of credit, be
cunsid’eruted applicable. But the decision
of the highest judicial tribunal in the Union
—the general understanding of the cbmftry
—and the legislative enactments founded
I upon that understanding have put this ques
tion, if it ever was one—to rest. . The in-
I strument by which a sovereign State engages
'to pay the money,at a future day, for ser*
f vices actually rendered, of for inoney. bor
rowed for present use, is riot ‘la bill < f cied-
I it” in the sense in which the term is used i
in the constitution—and were a, different
construction ever.to be put upon that sec
tion of the constitution, it must/shake the
very ..foundation of ourpulitical and social
security. It at once denies,-, against the
very terms of that insti ament itself, the
i ability ;to borrow money.lf tlie guvcrn
■> iileiit has .right to borrow, it is bound to pay.
1A cnutraVy doctrinc'eSectually destroys.all
1 national credit. . ..
p In the constitution of this State it cannot
be pretended Sfl.iat any express prohibition
tain this subject is.to be found. That clause j
I iii tbe declaration of rights, which proclaims,
! as one. of the inherit and indefeasible rights
of all'men, that of enjoying and defending
' life and liberty—of ucqub ing, possessing
; and protecting property; if construed' jn the
1 sense assumed for it in the proceedings be
-1 fore us, would at one stroke abolish the
1 whole power of legislation and. taxation.
' Fur every law is a restraint on natural lib-
purpose,
—though the mustwhu'espuicaiid necessary
and without which government could not be'
carried on or. even subsist—is an attack
upon properly. It is needless to remark
th ” their nr.—-
that cilizunsure secure in their property as
long as taxes cannot be imposed, unless
with the consent; of their own representa
tives, returned by their own free choice, at
hriclVan'd coustuntly lecuning .intervals.
But nut only do we find no prohibition in
the constitution of Pennsylvania, hut the
very first article and section .of that instrii
-111001, has. expressly .vested, the whole legis
lative power of the commonwealth in the
■ General Asseiubly,' By virtue and in pur
suance of ilie, power so, delegated, the pro
per functionaries. of .the government have
entered into, contracts predicated on the
faith of the State, and die. abrogation of
such contracts by the legislature,.would be
a hold infraction,of tlie ;,17tli section, of tlie,
bill, of rights,. which declares, that no law
.impairing -.contracts ,shall' be\ made. From
the., period of~the revolution to the present,
the puwei of burruwing mdney for every. va 7
riely. of .purpose,.. has againand again .been
exercised- by. the govcrnrnent. witliuut tlic
shadow of. doubtas to, its constitutionality I
and to deny , it now is to light,the.'‘torch of
revolution, and civil as well as.foreign war.
For. we must uot/iii tlie conßideratioii of tlds
■very important subject, cbhcealidie’fact T ihat
the-denial . of pa just debt igpntracied by
•sovereign, power of a Slate.-with another
country. or with the citizens orsubjects o)
another country, is a just cause of war, ifcr
cognized .In tlmcodc td; v tHe^cjijKt^z«^vrajcld ( .
['•Though - the'debt of: the Stat&ia’tSfgej it
cannotbedoubted that ’her, reiontces are
ample to meet it. She will meet it in good
faith and with punctuality,.. The creditors
may rest assured, that the citizens of the
Commonwealth will frown with indignation
u'pon r the doctrine that she .is not bound, or
ought' not to discharge Iter honest engage- ~
incuts. ' Her representatives in the General
Assembly, feel that they are acting in per
feet ' accordance with the sentiment and
wishes of their constituents, in. publishing
to the world the most solemn and unequivo
cal declaration or admission, that the fund
ed debt'of: the State, is a; debt constitution
ally and legally! contracted; and that it is
the undoubted obligation of the Govern
ment to provide adequate means ‘ fur the
punctual ’ payment of the interest thereon,
and the final liquidation oi the principal
when the_ same may become due, in specie
or its equivalent. ' . '
In the. opinion of your committee, every ob
ligation of moral doty, national honor aiid pu
litical integrity .requires that the state should
sustain her faith, which has been cunstitu-
.legally pledged by the proper
authorities pf -her government. When the
ultehnost farthing of the,,public debt shall ,
have been paid, then and nut till then may *
it be said, indeed and in truth, that Penn
sylvania isrredeemed.
Therefore,
Jfesolved, That the Senate reject the doc
trine of repudiating the State debt, as un
constitutional, immoral, and subversive of
the fundamental principles of our republi
can system of government; and that they
will maintain the credit of the Stale unsul
lied, by making adequate provision to meet
all her engagements with promptitude and
punctuality. ..
Jltsoteed, That we entertain the fullest
confidence in the citizens of this Common
wealth-, that they will honestly andTailhful
ly discharge' all the liabi)ities / bf the gov
ernment, and that’ they will preserve the
credit of. the State inviolate and inviolable.
liesolved, .That the committee he dis
charged from the further consideration of
the'subject. . ...
—On motion of Mr. McLanaban and Mr.- •
ilMathers.' .
The resolutions attached to: said .report
.*■' rT-f
• • -XJn.tlwquestion, . .;• - . v : i _,„.r„
- ; \V ill the Suiialeagreenn this
lotion? •-•■'■;■ *
, The Yeas and Nays were required.by
Mr. Plumer and Mr,Mathers, and -Were as
lolliiws, v'iz:^— : ' t , ■:
YEAS—Messrs,. Bigler, Brooke. Brower,
Cochran, Coplan, Crispin, Darsie, Dimuck,
Ewing, Farrelly.Fegely, Timing* Gibuns,
Gurgas, AJralz, Hays, Headley,' lliester,
lluiltllcßon, Kline, 'Mat-toy, Mathers,. Mef
Cully, McLaoahun, Mullin,- Pennimari,
' I‘lumer, Smith, Spackinao, Sletrait, Sulli
van, aml Sfiohin, Speaker.—32.
So it was unanimously determined in the
affirmative, — l — - - - -
On the question.
Will the Senate agree to the second reso- 1
In ti<Oi?
Yhe .Yeas, and Nays were required by
Mr. Bigler and.Mr, Mathers, and were a*
■follows?- " ,
YEAS—Messrs. Bigler, Brooke, Brower,
Cochran, Coplan, Crispin, Darsie, 1 ‘Dimuck,
Ewing, Farrelly, Fegely, Fleming, Gibuns,
Guigas, Gralz, Hays, Headley, Hiestcr,
Huddleson, Kline, Maclay, Mathers, Mc-
Cully,' McLanahaii, Muffin, Pennitnan,
Plumer, Smith, Spackman, Stewart, Sulli
van, and Struhm, Speaker.—S3,
So it was unanimously determined in
the affirmative.
The third and last resolution was then
unanimously agreed , to;
And on motion* of Mr. Fleming and
Mr. Spackman, r
Ordered, That 2000 copies in the English,
and 500 in the German language, of said
report and resolutions, together with the
proceedings had thereon, he printed fur the
use of the Senate,
PILE# CURED BY THE USB OF Dr. HA JR*
LICE'S COMPOUND STRENGTHENING *
GERMAN APERIENT PILLS ,
Dn. HAn'ticu,— DcarSir:—SUojUy after I feceit*
cd the Agency from you for the sale of your medicine/
I formed on acquaintance with a lady of this place,
who was severely afflicted with the pilxs. . For eight
or ton years this lady - tvas subject to frequent painful *
attacks, and her physician considered her case so com
plicated, that ho. voiy seldom prescribed medicine for
her. Through my, persuasion, she .commenced using
your Pills, and was perfectly cured. Yours, &c.
JAMES RrKIRBYv—- '
October 3,184 p. Chambc reburg, Pa,
Office fur the sale of this Medicine, No.
19 NORTH EIGHTH STREET, Phila
delphia, also at the store of Ur. JOHN J.
Movers; Carlisle, & william peal,
Shippeusburg.
r: SPECIAL COURT.
BY virtue of a writ front the Hon. Ansok V.
Parsons, President Judge of the 13th Judi
cial DisUicl,pfPenuaylvania,J)earingdatoatCat-
lisle, the 4th day of December A. I). 1811, .
NOTICE IS lIKREBT CITES
that a Special Court will bo held by the said Hon.
Anson V. Parsons, and the Associate Judges of
the Court orObmmon Pleas of Cumberland coun
ty, at the Court House in the borough of Carlisle,
commencing on Monday the 21st of February, A. -
1). 1842, to continue one weeki fof the trial of
certain causes depending; in the Court pf Common
Pleas of - Cumberland county, in which the Hon. .
Samuel Hepburn was concerned as .counsel Tor
one of the parties, prior to his appointhiehtas Pre
sident Judge of the 9th Judicial
causes beings embraced within the provisions ,of ,
the 39lheectionof an Act of the Cenefal Assem
bly, passed the 14th April, J 834, relative to the\ •
organization of Courts of Justice.. Of said Special
Court, Jurors pnd oil persons concerned, will tube
notice. ' -
PAUL M ARTIN, Sheriff. *
Sheriff’s Office, Carlisle,. 7-'' : ~' , „ 'A ,
. -December 93, 1841. . J’. ..*• .A A ;
r NOTICE TO VREDITOSS. vV'.V;
Take notice that we. have applied to the
Judges of the Court of- Common Pleas of "
Cuniterlaiiil. county, for the'licnefit-br the ■,
Insolvent Laws, and the; have appointed
Tuesday tlie lslh pf Februarjr 1842, i'tir the
lieuri 'ua and our creditors, at the Court
.House, in the borough of Carlisle, when and
yvhere yoit mayattend ifyouthiiikproper,
# ' SAMUEL DAVIDSON. ,
JOHN DAVUISON,]
, david lusEDiv i ■'/‘V-r
January: 13,1842. v
ODK SHOES ofaUkin^jortreceivcdviid
forßaloatthostoro of
' , , . CJCiIPPfNGER & CAREKv„ • •
Sliippensburg, Dm, 30,18«. ) ~ , fc /