Western Sun & General Advertiser, Volume 10, Number 38, Vincennes, Knox County, 18 September 1819 — Page 1

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Of s Western Sun AND H

RY ELIHU STOU f. ri.YCE.Y.YES, (LYD.) SATURDAY SEPTEMBER 18, 1819; TcJ. 10. 38.

The following charge was delivered to the grand jury of Knox county, oil Monday the 6th inst. by judge Ewing, in addition to the general charge delivered by his honor J. Doty, presiding judge. Gentlemen of the Jury, In attempting to add to the very excellent general charge, which you have just received from his honor judge Doty, I am acting under a consciencious sense of the duties and responsibility of my station. We happily live under a constitution, the purpose of which is to guard and promote the general happiness, and when public affliction prevails it is made the duty of all its officers so far as possible to apply a remedy 'twas for the purpose of administering suitable remedies the judiciary power was established and your interference and agency , getlemen, is, in many important crises, indispensable. The heinous and demoralising offence to which we would particularly direct your attention most seriously, is partially provided tor in the volume of statutes, which have just been given in charge , and I would particularly direct your attention to the 11th sec, of the act entitled " an act to reduce into one, all the acts and parts of acts relative to crime and punishment" which section was nO doubt intended to carry into full effect the 10th article of our constitution. But gentlemen, before I expatiate fiarticulaHii upon the relative bearing of these, I shall indulge in a few general rem irks. The unauthorised individual, and chartered bank paper, which has acquired a nominal currency amongst us, is now become a subject of the most import in t and alamung concern. We all know that a paper bill has no intrinsic value of itself it euuoidv be viewed as the sign or representative of something else of real or effective value, and should be prised only according to the degree of safety or well founded confidence existing in its c. nvcrtibilitv for when it ceases to be Convertible, it becomes worse than Useless. It cannot be believed that any people will protect bodies of men in the very bosom o the community, who would without authority of law, and contrary to an express clause of our constitution, assume a piwcr to give value to that which roaiiy possesses none -for if so, they will be sporting with their own rights, freedom, happiness and property : and with the rights, freedom, happiness and propertv of their neighbours. When we advert to the constitution of the United States which is the grand palladium of all our rights and privileges, we nnd that even the state authorities -re prohibited from coining money or issuing bills of credit, least they might become too formidable for the supreme Controul, and deluge the country with paper beyond its means or power of redemption. It may be remembered by many of you at the adoption of that sacred instrument, the Ctltffrtrv had cruelly suffered by the conduct of some of the states in issumg paper bills, and this prohibition in the United States Constitution w is certainly intended to prevent a recurrence of the evil. Now gentlemen, according to this view which has been already sanctioned by some of fle highest tribunals in the couutrv, if a state can even by charter, authorise and vc currency to paper money, she cun

do that by another which she is debarred from doing herself and this is contrary to a well established maxim of law " 'uejiicit far alia Jiicit fur e' (meaning that who does by another docs by himself.) It fellows that if the issuing of paper money even by state authority, be not against the constitution of the U. States, every state may at once do Openly, what many of them do covertly open houses filled with printed paper, pledge the personal and real estate of its inhabitants acquire the superior ascendency which our fathers thought they had so wisely provided against when they framed the charter of the union permit some men to enjoy all the dangerous pre-eminence so justly to be dreaded in our free and republican country raise immense fortunes by indirect taxes upon the industry of the people and indeed, bring back every evil under which our fathers suffered so severely by the paper system, during the revolutionary war. es ! if the states can do this they can do more the) can not only as I have intimated, render the constitution of the U. St ites a dead letter in one very essential and important particular, but also stand protecte d and fortified against the artillery of the law and the suffering, indignant and elevated spirit of every disinter ted man in the whole republic. But gentlemen, whether it be constitutional and right or not for a state to grant bank charters it will make little if any difference in the enquiry which I will presently place before you into the individual right of carrrying cn banking transactions and issuing notes tea rnbling bankftah r w ithout any authority other than that founded upon the personal privileg s of every citizen. When a st ite grants a bank charter, the authority ot the state is supposed to be pledged the charter is a contract and should bind the company to a faithful performaiu e of their duty, and guard the people against unrighteous conduct and improper speculation Against unauthorised indh iduals there is no such security no such defence. Unlicensed associations may evade responsibility as they please uigravc or print their notes to resemble bank paper as near as possible that they may haVc an extended circulation, and yet by an injurious contrivance, not be bound in law for their payment ; inasmuch as only one may sign the promise. It is not to be questioned that every man has a right to issue his note of hand, and seme may be disposed to think that bunk bills being but the notes of many men apparently bound by one, each of whom it is admitted has the right in the fair and legal transact': ns OX trade, to issue his own, do not lose the right of doing so in their associated capacity. This I wiU not question if the notes be issued m notes of hand bearing the obligatory signature of all the concern, upon cjtnnwn fiuji: r in CvntMQTl ffliting and not svt bank notes. The individual right so far as it does not interfere with the public right secured by the constitution nmy with propriety, be enjoyed and exefcised ; but when it clearly interferes with that paramount right when many individuals will associate together print their names (one only excepted) in the bodn i f a note disccunt the individual Holes of other c itizens and loan their paper as money upon interest, with one of the concern cnb liable for pi i ncnt, thev

may silence all the laws of contract ;md obligation and all but the party who signs the notcnuo. for aught I cV die people know, exonerate th'-u .selves from the nominal obhgat'n. 'here as if afl Wi re joint signers to the not-, the !nv tohld bold tluni all pledged, hi person and property, for the payment of it. "Now the law of contract is the law of ccrv state, and cannot suffer the propert.' e? a community era people to remain a the mercy of any s-'t oFmeh unauthorised. Notes of hand t&fa ' ( 6mim n pi. -ficr th whimdn tffljgr i hich could be passed or transform! by end-h-seim ; could not pass far olfiorfbrulrtntvnte if they would pass at all. ft rs oQSeifriSi with notes festffelit bank notes. A note of hand is obligate ry u on the jjff misor or promisors only, ftnfl his or their right to give it is not Hi Collision itn C&fe right of the public -but ivhen it ce . s to appear like a note of h-nd, and- ii dealt with by its issuer :.s banks uv?tdly deal then the right is in collision u fth public right for it' appears hat it ir not, and too often deceives the people out of their usual vigilance and precaution ; and gentlemen neither rally nor legally should any association of men in my opinion be permitted to issue note a resembling bank paper, whether interdicted by express Hafnte or not.- If it b otherwise if one nam or any set of mm can do so every mhn who pleases may do so and the general interest of the )eople at large Will be made sub::er-. iefct to the interest of a few (speculating bidividuals. I will ow entlernerr, ( are oil immcvliatery to the subject nvatter which i wish yon if ydo accord with n.y iucigrae, to act upon, vou Win know our C restitution is the basis iA our kegisiativi acts, for no act to pt;";n a .t to itsprovismns can be Viewed as a law. fa m our constitution is m the .Ante, a law s -periour to aU state lav. s . is; the hiw of the people the master law of the legislature it is it must be pres.rvcu supreme, or Oiir rights nvay be ST.ortti2 with at pleasure. A ( :eb; -a reel jur':-: has very truly said, t'nax usurpatiorj upon cottstitutiona) pi rncipiesif seifervt' to acquire maturitv , v. ill i ury .yield to ti e dreadful remedy of acitH v. or, but H faced in their ad mc. , an amput aion maybe adventured trut ctaiger to tlie body pohtx W hilst encountered in the legislature :.!onv by fcmac r eason -imr, often c.ktVcuit M be ifc tir.guithed from sophistry a..d aln;t.:t always modmpre&aifSitHe to If interest, uvursjo rion mAy st.i.k Isoldly twwsu 0 tsnebx diuise of patriotistn but win;i j.la'i.tv eHOse-d to Mew, l;etO!C it Ss ctnrs" : ..t ; by time, the people van Ugfl - i . i judge fat tiemse:7es." Tkb U the T uguge of wisdom . and exper;ence. N .w lead oe.r own r? -.tution Article :a-.'a section , the evil of toeh lHjika.gej tabhsimwts as 1 have sUet.-.'.y 'dvpicted, seeftisto have been alrrifcst proptiet:c.illy apprelit-nd.ed, '-y Che tarmpr pfKIt instrument by the-e worxii "there stntU iiot be ttfadibMi d or inc( rp orated in tl.i ftattfV dknJtiraf c nftuit or tttgnwa mMtfitteG, for the pupose issuing oillt. payabk- to order or Uarei' provided that' aSSttt ba:ik and. br.ueh-.s "' n..e, be eStablit'aeU ".2c: ti&StdH$. Bnc Ich cvfru three eoir:;;e.s" and pro ;deii that the banlt of inrenra r aial the Farmers and M.'.lT.i : bsnk .1 fadiaaaatM 1:-