JEFFERSONIAN REPUBLICAN, MESSAGE V OF THE PRESIDENT OF THE U. STATES, Rdurning, with the objections tkt Bill to incorporate the Fiscal bank of the Uni ted States Aug, 16, 1841 v To the Senate of the United States The bill entitled " An act to Incor porate the subscribers to the Fiscal Bank of the United Slater which originated in the Senate, has been considered by me, with a sincere desire to conform my ac tion in regard to it, to that of the two Houses of Congress. By the Cons'titotioh it is made my duty either to approve Ihe bill by signing it, or to return it Vtt1i my objections to the House in Xv'h'fch it origi nated. I cannot conscientiously give it my approval, and I proceed to discharge the duly required of me by the Constitu tion to give my reasons for disapproving. Tiie power of Congress to create a Na tional Bank to operate per se over the Union, has been a question of dispute from the origin of our government. Men most justly and deservedly esteemed for their high intellectual endowments, their virtue and their patriotism, have, in regard to it, entertained different and conflicting opinions. Congresses have differed. The approval of one President has been followed by the disapproval of another. The People at different times have acqui esced in decisions both for and against. The country has been and still is deeply agitated by this unsettled question. It will suffice for me to say, that my own opinion has been uniformly proclaimed to be against the exercise of any such power by this Government. On all suitable oc casions, during a period of twenty-five )ears, the opinion thus entertained has been unreservedly expressed. I declared it in the legislature of my native State. In the House of Representatives of the United States it has been openly vindica ted by me. In the Senate chamber, in the presence and hearing of many who are at this time members of that body, it has been affirm ed and re-affirmed, in speeches and reports there made, and by votes there recorded. In popular assemblies I have unhesita tingly announced it ; and the last public declaration which I made, and that but a short lime before the late Presidential elec tion, I referred to my previously expressed opinions as being those then entertained by me ; with a full knowledge of the opin ions thus entertained and never concealed, 1 was elected by the people Vice Presi dent of the United Stales. By the occur rence of a contingency provided for by the Constitution, and arising under an impres sive dispensation of Providence, I succeed ed to the Presidential office. Before en tering upon the duties of tliat office, I took an oath that I would " preserve, protect, and defend the Constitution of the United States." Entertaining the opinions alluded to, and having taken this oath, the Senate and the country will see that I could not give my sanction to a measure of the character described, without surrendering all claim to the respect of honorable men all confidence on the part of the people all self-respect all regard for moral and religious obligations ; without an ob ? ervance of which, no government can be prosperous, and no people can be happy. Jt would be to commit a crime which I would not wilfully commit to gain any earthly reward, and which would justly subiect me to the ridicule and scorn of all virtuous men. I deem it entirely unnecessary at this time to enter upon the reasons which have brought my mind to the convictions I feel and entertain on this subject. They have over and over again been re pealed. If some of those who have pre ceded me in this high office have enter tained and avowed different opinions, 1 yield all confidence that their convictions were sincere. I claim only to have Ihe same measure meted out to myself. With out going further into the argument, I will say that, looking to the powers of this Government to collect, safely keep, and disburse the public revenue, and in cidentally regulate the commerce and ex changes, 1 have not been able to satisfy myself that the establishment, by this Government, of a bank of discount, in the ordinary acceptation of that term, was a necessary means, or one demanded by propriety, to execute those powers. What can (he local discounts of a bank have to do with the collecting, safe-keep- ilig, and disbursing of the revenue 1 So far as the mere discounting of pa per is concerned, it is quite immaterial to this question, whether the discount is ob tained at a btate bank or a U. b. Hank. They are both equally local both be ei lining and both ending in a local accom ...... f . 1 1 rnodation. What influence nave local discounts, granted by any form of banks, in the regulating of the currency and the e xrhanue 1 Let the history of the late United States Bank aid ua in answering tin inquiry. 'for t-everal years after (he establish ment of that institution, it dealt almost ex clusively in local discounts, and during that period the Country was, for the most part, disappointed in the consequences anticipated from Its incorporation. A uni form currency Was not provided, exchan ges were not regulated, and little or no thing was added tr the general circulation; and in 1820 its embarrassments had be come so great, that the Directors peti tioned Congress to repeal that article of the Charter which made its notes receivable "every where, in payment of public dues. It had, up to that period, dealt but to a very small extent in exchanges, either for eign or domestic ; and as late as 1 832, its operations in that line amounted to a little more thang7,000,000 per annum ; a very rapid augmentation soon after occurred, and in 1833 its dealings in the exchanges amounted to upwards of 100,000,000, in cluding the sales of its own drafts ; and all the?e immense transactions were ef fected without the employment of extra ordinary means. The currency of the country became sound, and the negotia tions in the exchanges were carried on at the lowest possible rates. The circulation was increased to more than $22,000,000 and the notes of the Bank were regarded as equal to specie all over the country ; thus showing, most conclusively, that it was their capacity to to deal in exchanges, and not in local dis counts, which furnished these facilities and advantages. It may be remembered, too, that notwithstanding the immense trans actions of the Bank, in the purchase of exchange, the losses were merely nominal; while in the time of discounts, the sus pended debt was enormous, and found most disastrous to the Bank and the coun try. Its power of local discount has, in fact, proved to be a fruitful source of fa voritism and corruption, alike destructive to the public morals and to the general weal. The capital invested in banks of dis count in the United States, created by the States, at this time exceeds $350,000,000; and if the discounting of local paper could have propuced any beneficial effects, the U. States ought to possess the soundest currency in Ihe world, but the reverse is lamentably the fact Is the measure now under considera tion, of the ohjectionable character to which I have alluded? It is clearly so, unless by the 16th fundamental article of the 1 1 th section it is made otherwise. That article is in the following words : "The directors of the said corporation shall establish one competent office of dis count and deposite in any Slate in which two thousand shares shall have been subscribed, or may be held, whenever, upon application of the Legislature of such State, Congress may, by law, require the same. And the said direciors may also establish one or more competent offices of discount and deposite in any Territory or District of the United States, and in any State, with the assent of such State; and when established, the said office or offices shall be only withdrawn or removed by the said directors, prior to the expiration of this charter, with the previous assent of Congress. Provided, in respect to any State which shall not, at the first session of the Legislature thereof, held after the passage of this act, by resolution, or other usual legis lative proceeding, unconditionally assent or dissent to the establishment of such office or offices within it, such assent of the said State shall be thereafter presumed; and provided, nevertheless, that whenever it shall become necessary and proper, for carrying into exe cution any of the powers granted by the Con stitution, to establish an office or offices in any of the States whatever, and the estab lishment thereof shall be direcied by law, it shall bo the duty of the said directors to es tablish such office or offices accordingly." It will be seen by this clause that the di rectors are invested with the fullest power to establish a branch in any state which has yielded its assent, and having once establish ed such branch, it shall not afterward be withdrawn, except by order of Congress. Such assent is to be implied, and to have the force and sanction of an actually expressed assent "provided in respect to any Slate which shall not, at the first session of the Legislature held thereof after the passage of this act, by resolution or other uual legisla tive proceeding, unconditionally assent or dis sent to the establishment of such oltice or 01 fices within it, such assent of said State shall be presumed." The assent or dissent is to be expressed unconditionally at the first ses sion of the legislature by some formal legis lative act; and if not so expressed its assent is to be implied, and the directors are there fore invested with power, at such time there after as they may pleasejto establish branches, which cannot afterward be withdrawn, ex cept by resolve of Congress no matter what may be the cause which may operate with the Legislature, which either prevents it from speaking, or addresses itself to its wisdom to induce delay, its assent is to be implied binding and inflexible It is the lawgiver of the master to the vassal, an unconditional an swer is claimed forthwith, and delay, post ponement, or incapacity to answer, produces an implied assent, which is ever aner irrevo cable. Many of the State elections have already Jaken place, without any knowledge on the part of the people, that such a question was 10 come up. 1 he representatives may desire a submission of the question to their constitu ents preparatory to final action upon it, but this high privilege is denied: whatever may be the motives and views entertained by the representatives of the people to induce delay, their assent is to be presumed, and is ever afterward binding, unless their assent shall be unconditionally expressed at their first ses sion after the passage of this bill into a law. They may by formal resolution declare the question of assent to be undecided and post poned, and yet, in opposition to their express declaration to the contrary, their assent is to be implied. Cases innumerable might be cited to manifest the irrationality of such an inference. Let one or two in addition suf fice ihe popular branch of the Legislature may express the dissent by a unanimous vote, and its resolution may be defeated by the vote of the Senate; and yet the assent is to be implied. Both branches of the Legisla ture may concur in a resolution of decided dissent, and yet the Governor may exert the veto power conferred on him by the State Constitution, and their Legislative action be defeated; and yet the assent of the Legisla tive authority is implied, and the Directors of this contemplated institution are authorised to establish a branch or branches in such State, whenever they may find it conducive to the interest of the stockholders to do so; and having once established it, they can, un der no circumstances, withdraw it, except by an act of Congress. The State may afterward protest against any such unjust interference but its author ity is gone. Its assent is implied by its fail ure or inability to act at its first session, and its voice can nerer afterward be heard. To inferences so violent, and, as they seem to me, irrational, 1 cannot yield my consent. No court of justice would or could sanction them, without reversing all that is establish ed in judicial proceedings, by introducing presumptions at variance to the fact, and in ferences at the expense of reason. A State in a condition of duress would be presumed to speak, as an individual manacled and im prisoned might be presumed to be in the en joyment of freedom. Far better to say to the States boldly and frankly Congress wills, and submission is demanded. It may be said that the directors may not establish branches under such circumstances; but this is a question of power, and this bill invests them with full power to do so. If the Legislature of New-York, or Pennsylvania, or any other State, should be found in such condition as I have supposed, could there be any security furnished against such a step on the part of the directors? Nay, is it not fair ly to be presumed that this proviso was in troduced for the sole purpose of meeting the contingency referred to? Why else should it have been introduced? And I would submit to the Senate, wheth er it can be believed, that any state would be likely to sit quietly down under such a state of things? In a great measure of pub lic interest their patrioiism may be success fully appealed to, but to infer their assent from circumstances at war with such infer ence, I cannot but regard as calculated to ex cite a feeling at fatal enmity with the peace and harmony of the country, I must therefore regard this clause as asserting the power to be in Congress to establish offices of dis count in a state, not only without its assent, but without its dissent: and so regarding it, I cannot sanction it. On general principles, the right in. Con gress to prescribe terms to any State, implies a superiority of power and control, deprives the transaction of all pretence to compact be tween them, and terminates, as we have seen, in the total abrogation of freedom of action on the part of the states. But fourth; the State may express, after the most solemn form of legislation, its dissent, which may from time to time thereafter be repealed in full view of its own interest, which can never be separated from the wise and benificent operation of this government: and yet, Con gress may, by virtue of the last proviso, overrule its law, and upon grounds which, to such a state, will appear to rest on a con structive necessity and propriety, and noth ing more. I regard the bill as asserting lor congress the right to incorporate a u. b. Bank, with power and right to establish offices of dis count and deposite in the several States of this Union, with or without their consent, a principle to which I have already heretofore been opposed, and which can never omain my sanction. And waving all other consid ations growing out of its other provisions, I return it to the House in which it originated, with these my objections to its approval. Washington, Aug. 16, 1841. Could'nt Wait In a Hurry. J. W. Bor den Receiver of Public Money at the Land Office, Fort Wayne, writes a letter to Presi dent Tyler, in which he says he has waited in expectation of a removal from office until his patience is worn out. He accoraingiy tenders to him his resignation. The next mail brought intelligence of his removal so that if Mr. Borden had only waited he would have gone out of office with the honors of dismissal. A quakerin Philadelphia having purchased some ovsters reouested the vender to send them to his house. 'Pray, sir,' inquired the oysterman, 'what might your name be.' might bo Beelzebub,' replied the friend, 'Jflie Murder of Miss Rogers. The Mayor and Magistrates of both the Up per and Lower Police Offices are yet actively and earnestly engaged in endeavors to detect and arrest the murderer or murderers of Miss Marv C. Rogers, for murdered she assuredly was, and the idle stories that she was the au thor of h'er own destruction cannot for a mo ment, be entertained. There is nothing as yet positive as to the person who did the dreadful deed, as some of the public journals have so vauntingly announced. It is true that suspicion has fallen with, perhaps, much propriety on an individual who has been considered respecta ble in business and connections; wh6 was seen in company with the young lady a little before six o'clock on Sunday evening, the 25th July, in earnest conversation, but-not quarrelling w ith her as has been stated, and which individual left the City under suspicious circumstances the day after the body was discovered, and has not since returned. This person and a young female answering the description of Miss Ro gers were seen conversing as stated by two gentlemen who were strangers to both the par ties, and who can only describe their appear ance and dress, which correspond with those of the suspected person and the young lady. No warrants, however, have been issued, but the authorities have sent an officer to a distance in pursuit of the suspected person, accompan ied by one of the gentlemen who saw them conversing, in order to identify him when found. There are also collateral circumstances at tendant on the flight of the suspected individu al, that combined, tend greatly to strengthen the suspicion of his guilt. Still there is noth ing positive, as the person accused when ar rested may be able to account for his absence, and may be innocent, as persons other than himself may have subsequently to his leaving her, seen, conversed with and violated the girl and then destroyed her. Stjll the Police acted promptly in the matter, and the result of their efforts will be known in two or three days, of which our readers will be duly advised. The Police authorties are pursuing their in vestigation in secret in order to prevent the guilty from becoming acquainted with the facts they elicit, and thus defeat the purposes of the inquiry, which seems to be the object of some to do by premature exposures, while they at the same time denounce the authorities lor the very inefficiency they assist in creating. There is little doubt, we think, however, that an im portant arrest will soon be made, that will in some measure relieve the pressure of public anxietv on this exciting subiect. Dr. Cook of New-Jersey, and the Coroner of Hudson coun ty, who held the inquest, were examined yes terday before the Mayor and confirmed the tact of her violation and murder, as has been be fore stated. Ar. Y. Tribune. ffiffc. A. S. TAN PRAAOj Surgeon eaitast, Having returned to MILFORD, offers- hi professional services to the Ladies and Geiir tlemen of this place and its vicinity, from the 25th until the 6th September. He "would -Amy request those who may favor him with their pat ronage to make early application, as his tune is limited, and he flatters himself that he is suf ficienily known not to require any hesitation. Uj3 His office is at Lewis Cornelius' Ho tel. Milford, Aug. 26, 1841. REGISTER'S NOTICE. NOTICE is hereby given to all legatees and other persons interested in the estates of tho respective decedents and minors, that the ad ministration accounts of the following estates have been filed in the office of the Register of Monroe county, and will be presented for enn fimation and allowance to the Orphans' Court,, to be held at Stroudsburg, in and for the afore said county,, on Tuesday the 7th day of Sep tember next, at 10 o'clock in the forenoon. 1. The account of Samuel Ruth, Administra tor of the estate of George Ruth, late of the township of Hamilton, deceased. 2. The account of Mary Rupple, Adminis tratrix of the- estate of John Rupple, late of lno township of Chesnuthill, deceased. 3. The account of Josoph Trach and Philip Kresge, Administrators ot the estate ol mihp Kresge, the older,.late of the township of Ches nuthill, deceased: M. H, DREHER, Register. Register's Office, Stroudsburg, August 4, 184k SHERIFF'S George F. Bomber ger, vs. In the Court of Common Pleas of Monroe cpunty. Proceedings in Partition. Remarkable Tree. Mr. Agricole, at Golnits, has in his garden an apple tree which, in the year 1816, bore 268 sorts of apples and other fruit. In fact, the tree has on it above 300 sorts; but those last grafted have not yet borne fruit, his gentleman has effected this curi osity Mrcfjfhis amusement, by inoculating and graftingfand has fastened to every branch a little board, with the name of the sort of apple it bears. The tree has a strange appearance, from the various shapes and colors of the leaves, blossoms and fruits. Some years ago, the Rus sians bivoucked near this tree, and were so surprised at the strange shape of it, and the number of little boards, that they did not injure it, though they cut down other fruit trees for firewood. Wew-"X"ork Weekly Tribune. but it isn't Flour in Boston $0,62. The Publishers of Thb New York Tribune, en couraged by the geriecous patronage and hearty approval which has been extended to tueir uauy paper since its establishment, and which has al ready rendered it the second in point of circulation in the citv. propose to publish, tin and after the 18th day ot beptember, a Weekly . edition, on a sheet of mammoth size, excluding all matter of local or transitory interest, and calculated mainly for Country circulation. The Tribune whether m its Daily or weekly edition will be what its name imports an uti- flinchincr supporter of the People's Rights aud In- R . ... , w r- f torests, in stern hostility to the errors 01 supern cial theorists, the influence of unjust or imperfect legislation, and the schemes and sophistries of self-seeking demagogues. It will strenuously advocate the Protection oj American industry against the grasping and to us blighting policy of European Governments, and the unequal compe tition which they force upon us, as also against the present depressing system of State Prison La bor; it will advocate the restoration 01 a souna ana uniform National Cuirency; and urge a discreet but determined prosecution of Internal improve ment. The Retrenchment, wherever practicable, of Government Expenditures and of Executive Patronage, will be zealously urged. In short, this paper will faithfully maintain and earnestly advo cate the Principles and Measures which the Peo ple approved in devolving on Whig Statesmen the conduct ot their Lrovernment. Hut a small portion, however, of its columns will be devoted to purely Political discussions. The proceedings of Congress will be carefully re- . 1 T - T . .11. corded; the .Foreign and uomesuc intelligence early and lucidly presented; and whatever shall appear calculated to promote Morality, maintain Social Order, extend the blessings of Education, or in any way subserve the great cause of Human Progress to ultimate Virtue, Liberty and Happi ness, will find a place in our columns. The Weekly Tribune will be published every Saturday morning in Quarto form on a very largo imperial sheet, (31 by 42 inches,) and afforded to Subscribers at TWO DOLLARS a year. Six co pies will be forwarded a year for Ten Dollars, Ten copies for Fifteen Dollars, and any larger number in the latter proportion. Payment in ad vance will bo invariably required, and the paper stopped whenever the term of such payment ex pires. Subscriptions are respectfully solicited by GREELY & McELRATH, 30 Ann-st. New-York, Aug. 17, 18:11. John Reichard and Wilhel mina. Margaretha his wife, George P. F. C. Schrudcr, Juliana M. SchradcrT Cath arine M. Schroder and Ma ria Louisa Elizabeth Schroder. Notice is hereby given that by virtue of an order and decree of the Court of Common Pleas of Monroe county, made the 17th day of May A. D. 1841, there will be sold at the house of George Bush, Innkeeper, in Smithfield town ship, Monroe county, on Monday the 30th day of August next, between the hours of 10 o'clock A. M. and 6 o'clock P. M. of said day, the iol- lowing described property, viz: A certain tract ol Land situate in amunneia. township aforesaid, adjoining lands of Henry Smith, George bush, lands ot the estate 01 Philip Shrawder, deceased, and lands late of the estate of George Zimmerman, deceased, containing 241 Acres and 13 Perches according to the draft thereof made by James Bell, dated the 29th December A. D. 1840, be ing part of a tract called "Deny " ALSO: 84 Acres and 147 Perches, the residue of said tract called "Derry." ALSO: 24 ACRES situate on Van Campen's Island, in the county of Monroe aforesaid. ALSO: The following property designated by Philip Shrawder, deceased, in his last will and testa ment as his "New-house, Store-house, Barn, and lots whereon they stand and thereunto ad joining and appertaining" containing about TWO ACRES AXJ A HALF, be the same more or less. ALSO: A tract of land adjoining lands of Nicholas Depew and Rachael Shrawder, deceased, situ ate in Smithfield township aforesaid, contain- 1US il.UJK.JEi3, , be the same more or less. ALSO: A tract of land situate in Smithfield township aforesaid, near a creek called Marshalls creek, containing be the same more or less. ALSO: A lot of land adjoining that last described, containing about FOUR ACRES. ALSO : A ai.;n nthnr tract or niece 01 j. buimi" 4 land, with a Stone building thereon 1 Cv,;ViaM town. erecteu, suw u 7 ship aforesaid, adjoining the lot above described, as containing 108 Jeeves and Charles R. and Josaph V- Wilson's land,, and containing I Seventy-Five Acres, be the same more or les Being the estate late of Philip Shrawder, deased. The terms and conditions of sale will be made known at the time an&place of sale. SAMUEL GUNSAVjES Sheriff. Sheriff's Office, Stroudsburg, July 30, 1841. V JOB WORfl Neatlv executed at ihj 3
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