Western Sun & General Advertiser, Volume 10, Number 38, Vincennes, Knox County, 18 September 1819 — Page 2

hGn shall be 'considered as incorporated banks," and M cither of the aforesaid banks maybe adopted as the state bank.' This loth article of the constitution was evidently intended not only to restrain but to effectually prevent, all citizens or combination of citizens, from creatine an illegal or unjust monied monoply for such a monoply is the sure and broad avenue that leads to oppressive aristocracy. That you gentlemen of the jury may hereafter bear testimony that I ha e endeavored to preserve without pollution our adopted constitution or if pollution has already stained its articles that I have made an effort to wipe off one stain, I shall proceed to dissect the clause of the constitution which I have recited with a view of discovering whether it remains pure and uncontaminated as it proceeded from the council chamber of the convention, or whether we have in 3 short years made such encroachments upon it as to become a matter of serious alarm and judicial scrutiny. In attempting to analise the article I have repeated, it will only be necessary to pursue the Usual and ordinary method of interpreting all laws, and by that rule explore the will and intention of our convention at the time the article was ordained. By all approved expositors of law, we are informed that the most certain and effectual method of ascertaining the design of the law giver, is to examine his intentions at the time the law or ordinance was made by signs the most rational, and these are either the words, the context, the subject matter, the effects and consequences or the spirit arid reason of the law." Now gentlemen, apply this rule to the 10th article of our constitution which I have repeated to you and with all due defference must you not find that it Las been infringed upon f " There shall not be established or tit forfierated in this state, any bank or banking comfiany or monied institution for the purpose of issuing bills of credit or bills payable to order or bearer," Jireviso for a state bunk and brandies. In the Construction of this article of our constitution, i am naturally to enquire what is meant by the terms 44 established" and 44 incorporated' the two most prominent and leading features of the sentences. The word 41 established as applied here is evidently intended to convey the idea of a facing of monied or banking' institutions without censtituti'jiial or legislative sanction The term incorporated " as applied here is evidently intended to prohibit the legislature from making a contract or granting legislative approbation in any shape, to any other monied institution than those provided for ; and even if the legislature Would contrary to this positive prohibitory injunction, grant their approbation, it would be the business of judicial tribunals to determine as to the constitutionality of the grant. The context of the article under consideration expressed in these forcible words, 44 any bank or hanking comfiany, or monird institution for the purpose of issuing bills of credit or bill fiayabi: to order or bearer" clearly and explicitly evince the apprehension of the trainers of the constitution that such dangerous and antirepublican establishments might by possibility, insinuate themselves into our state, and by insensible degrees lead to an undue monopoly of credit and monied concerns the sure and dreaded harbingers of local oppression and gener 1) distress. I will now gentlemen bring to vour notice the statute relative to ,4 crime and punishment" and I know of no better method to give you a clear and lucid understanding oi it than to recite t ou the section entire as it stands in the volume of our statute laws. In sec. 11th we have a display of the corresponding republican sentiments of the legislature With the framers of the constitution, it reads as follows: 44 If any person or persons in this state shall sign, issue, nasi, circulate or exchange .undue bill, promissory note or note purporting to be a bank note, or other instrument

of writing for the payment of any moncy or property, or performing any contract or covenant purporting to be the act of any banking tOMfiany, secret society or set of men this state other than those who are expressed by name upon the face of such bill, promissory note, or note purporting to be a bank note or instrument of writing so as to give a credit and trust in some person, company or set of men unknown to the holder of such bill, note or other instrument aforesaid, besides the signer or .signers tht rtof such person or persons may be fined in any sum not exceeding &10,000 nor less than SlO, provided that no chartered bank shall be affected by this statute, or any merchantile house for any note, due bill, or contract on common ftafier, in common writing." Let the same standard that guided the exposition of the constitution govern in expounding this statute. Hut gentlemen, from the complicated manner in which it is worded, we can only find the clear and distinct intention of the legislature by casting a retrospective view on the 10th art. of the constitution and combine that view with the clause and firo'i iso of this law, which gives a saving to chartered banks in that proviso expressed, and to ail merchantile houses for any promissory note or due bill, on common fiafiery in common renting. There should be no misunderstanding of the statute under consideration when we view the constitution indeed the last expressions of the providing clause of the section I have read, sufficiently elucidate every perplexity. These last expressions with the prohibition (in the clause itself) to all notes giving a credit to men who are not 44 signers thereof" are the keys which unlock the door of every doubt which might otherwise conceal from a common observer the laudable sentiments of our convention and legislature. Hy these expressions we discover what is clearly conveyed by the constitution that no bank shall be established or banking company incorporated or banking transactions conducted within the state, other than those provided for in the 10th article of that instrument. That such is the due and onlv rational construction of the statute must be the decision of every reflecting mind. By it as well as by the constitution, it matters not if notes sent abroad by banking opperations, as a circulating medium bear upon the face of them, in the body of the note, the names of many or few, printed or impressed by the most approved t n gravers, Murray, Draper c ce. or Morgan, Lodge & co. the expression of the names of this many or few in that tfay, cannot evade the plain and evident meaning of the statute itself. And when We look to the constitution, the supreme law, it is still more pointed. Four very important requisites are wanting to create and give that legality to the notes of associated individuals which the consitution and the law imperiously Require : First the bills or notes should be drawn 44 or. common fiafur" stcwi'd, they should be i comn: vn writing" $dt they should only be intended andifsued to give a credit to the 14 signer or Btgnt rs thereof and 4 .'?, they Should be signed by all the concern. These ai e the Indccia, the characteristic badges which will ever designate constitutional or legal issue s ot paper from the illegal & spurious currencv forced upon the public without authority. Gentlemen, if it has already fallen within vour view, or if in the course of vour deliberations you discocr a union of a number of men exercising all or a part of the forms and ceremonies of banking establishments, in the issuing of 14 bills of creditor bills payable t order or bearer" without being provided for in the Constitution, such a union under whatever garb it may assume, or Ingenious concealing evasion it may lurk to shield itself from legal reproof, is indubitably within the interdiction of our constitution and the prohibitory section of the Statute we have read ; and if J OQ find the eXistance of any such rtabhh-

mcnt (other than these within the y crview ot the co;.st:tutW c ) it r become your duty as guardians of that constitution, and as tue grand in', nf the b .- of the count' of Knox, to make a f ot 1: .1 presentment of the agents thereof. We nave in variably observed that when .1 poor unprotected individual is guilt of a misdemeanor, he is arraigneu before the tribunal of justice, and r ceives punishment deemed commensurate with the offence ; thus the poor ami the unprotected endure the penalties of the 1 iw they have transgressed ; let not men cf a contrary description violate it with impunity. Gentlemen, a sens e f duty and a sincere desire tor the happiness of all our citizens, blended with :n anxicts hope for the honor and prosperity of 1 r state and country at large, have alone led to this address. This is an awful crisis ; and it behoves yon to wcMi well the sentiments you have heard. on h e banking institutions inflicting destnx ti m on many of your fellow citizens, and whether you will tolerate the continuance of such evils, without i tion or judicial enquiry, will now be determined by von.

WESTERN SUN. VlfiCBAAIJBS: SATURDAY, SEPTEMiiER 11. When we announced in our last, the publication of Judge Ewing's charge in pamphlet form, wc had iu.st been apprised of its having been askf d and obtained lor ptlplication ; and destitute of paper, we consequently intended it in that shape to 1 enumerate the cxpcr.ee. The views of the rmtletncn who procured it being solely to enable every man to know and judge for himself on a matter of such deep and Jgcneral interest, we have changed the manner of publication and now take pieasuie in presenting it to our leaders in this days pupcr. ERRATA In the charge as pub lished on ur fir st pae in second column, last paragraph but one for "injurious contrivance" lead ingrnc out contrivance. In third column, last paragraph for 1 you will knew our constitton" read you H'cll know our constitution.

Extract of a letter from St. Themes, dated At h August, tr a gen' It man in Baltimore, arrivi d on J'riduy erening. tk You must know that Barcelona has fallen, and Cumanaand the whole Royal squadron arc now in possession of the patriots ; and prohablv, before this reaches you, Laguira, Port Cavello, and Caracas, w ill also be subject to them." rtd. Caz, B'-igadicr General Jamks Mim.fr has accepted the appointment of governor of the territory of Aikansas, and has. of course, resigned his commission in the army. JVmt, lr.t. Wc understand from crrdiblc authority that orders have bt cn issued by the navy dcpaitmcnt. to doi;b!e the number of workmen engaged in various poits in building ships of the line, for ti e purpose of hastening the completion ct these vessels. Whatever may be the cause ot these orders, the po'icv of prompt preparations to meet the emergency 01 war must ever be considerc.i v ise. franklin G.z.