Western Sun & General Advertiser, Volume 23, Number 25, Vincennes, Knox County, 28 July 1832 — Page 2

? H not. Which is the supreme law

o i ?c land? J ni provision cannot be n ccatary" or irofier" or constitu tionaU unlets the absurdity be admitted, thai, whenever it be "necessary and proper," in trie opinion of Congress, they hare a right to baiter away one portion of the powers vested in them by the constitution, as a means of executing the rest. On two subjects only does the consti tution recognize in Congress the power to grant exclusive privileges or mono pnlies. It declares that "Congress shall hive power to promote the progress ol fcciei.ee and useful atts by securing, for limited times, to authors and inventors, the exclusive right to heir respective writings and discoveries." Out of this exptessdelegation of power, have grown cur laws of patents and copy. rights. As the constitution expressly delegates to Congress the power to grant exclu sive privileges, id theie cases, as the means of executing the substantive now- j er "to promote the progress f science j and useful arts,' it is consistent with - the lair rules of construction, to con elude that such a power was not intended to be gramed as a means of accomplishing any othei end On every other subject which comes within the scope of Congressional power, there is an ever living discretion in the use of proper means, which cannot be restricted or abolished without an amendment of the constitution Every act of Congress, therefore, which attempts, by grants of monopolies, or sale ol exclusive privileges lor a limited time, or a time without limit, to restiict or extinguish its ewn discretion in the choice of means t execute its delegated powers, is equivalent to a legislative amendment of the constitution, and palpabiy unconstitutional. This act authorizes and encourages transfers of its st-ck to foreigners, and g-ants them an exemption from all State' snd national taxation. So from betnp "necessary and irofier" that the bank ihould possess ibis power, to make it a safe and flicicnt agent of the Governmei.t in its fiscal operations, it is calcu lited to convert the Bank of the United States into a foreign bank, to impoverish our people in time of peace, to disseminate a foreign iofluence through every section of the Republic, and, in war, to endanger our independence. I he several States reserved the power, at the formation of the constitution, to regulate and control titles and transfers of real property; and most, if not all of them, have laws disqualifying aliens from acquiring or holding lands within their limits. But this act, in disregard of the undoub cd right of the S'atcs to prescribe such disqualifications, gives to atiens, stockholders in this bank, an interest and title, as mem Lers of the cotporation, to all the real property it may acquire within any of the States of this Union. This privileg? granted to aliens is not "necessary" o enable the bank to perform its public duties, nor in any sense firofier" because it is vitally subversive of the j fights of the States. The Government of the United States liave no constitutional power to purchase ; lands within the States, except ' for the erection of foits, magazines, arsenals. 3ork yards, and other needful build j

in. ;" and even for these objects only j right which has been taken away by the -bv the consent of the legislature of the (laws against banking, guarded by such State in which the stme shall be." By j provisions and limitations as, in the making themselves stockholders in the opinion of the State Legislatures, the iank, and gi aming to the corporation the ! public interest rrqures. These corpopower to purchase lands for other pur- j rations, unless there be an exemption in poses, they assume a power not granted their charter, are, tike private baokers in the constitution, and gant to others land banking componies, subKC to Slate

nvhat they do not themselves possess. li is not ricctisary to the receiving, sale Steering, or transmission of the funds of Ihe Government, that the bank should

possess this powt-; and it is not prcfier fits, or in any other mode which the sothat Congress shou'd thus enlarge the vereign power shall will, powers delegated to them in the conti- j Upon the formation of the constitu tution. I tion, rhe States guarded their taxing The old Bank of the United States i power with peculiar jealousy. They "poi-essed a capital only of eleven mil : surrendered it only as it tegards imports lio s of dollars, which was found f'ul'y and exports. In relation to every other -autTicient to enable it, with despatch and object within their jurisdiction, whether safety, to perform all the functions re- persons, property, business, or profes quired of it by the Government. The sions, it was secured in as ampie a mancapital cf the present bank is thirty five nerasit was b?lore possessed. All permillions cf dollars, at least twenty-four J sons, though United States officers, are

TTinte than experience has proved to be necessary to enable a bank to perform its public Junctions. The public debt which i existed during the period of the old' bank, and on the establishment of the Ttew, ha been ntarly paid oil, and our revenue will soon be reduced This increase of capital is therefore not for public, but for private purposes. The Government is the only "fircfier" judge where its agent3 should reside -ni keep their offices, because it best inows vrhcrc their presence will be "nr. cestary " It cannot, therefore, be "r?fceseary" cr "firefier" to authorize the bank to locate branches where it pleases

to perform the public service, without ted States itself, separately or in partnerconsulting the Government, and contra- ship, falls within the scope of the taxing

ry to its will The principle laid dnwnj ie Court cnnccelts thar by the Swprcm Ongre-3i cannot establish a bank for

pu poses r:f ptivate speculation and gcin, j stituted and carried on. Over this w-hole ( g'atui y to the stockholders of rruiny milbvit onlv as a means ef e xecuting tiC de- i subject matter, it is jut as absolute, un-1 lions ol dollars, but v;,l sanction ny alegatetl powers of the General Govern limited, and uncontrolable, as if the con- ; bust s .md legalize any encroachments met. By the same principle, a banch stitution had never been adapted, be-1 Suspicious ttre entertained, and charbank ctr.not constitutionally be establish-: cause, in the formation of that rnstru gs sre made, of gmss abuse and v illation cd 'jr other tkn put)lie ptirposes. The ment, it was reserved without qualdi of its charter. An investigation unwd noer whir.fc this set gives to rstablish .cation. 'iogly conceded, and so restricttd in time

two branches in anv Stste, without the' injunction or request of the Govern - mertt. and lor o.hei t'sn public pur - peacs, is act "nccttssry" to the due

ereruticn of the powers delegated to

Congress. The b-nu3 which fs exacted from the bank is a confession, upon the lace of the act, that the powers granted by it are greater than are nece3aaryt to its character of a fiscal agent. The Government does not tax its cfTicers and agents for the privilege of serving it. The bonus of a million and a half icquiied by the otiginal charter, and that of three millions proposed by this act, are not je-xacted tor the privilege of giving "the j necessary facilities for transferring the public funds from place to place, with in the United States or the Territories thereof, and for distributing the same in payment of the public cretlitois, without charging commission or claiming allowance on account of the difference of exchange," as required by the act of incorporation, but tor something more beneficial to the stockholdt-rs. The ori ginal act declaies, that it (the bonus,) is granted "in consideration of the ex elusive privileges and benefits conferred by this act upon the said bank," and the act before me declares it to be "in con sideration of the exclusive benefits and privileges continued by this act to the said corporation for fifteen years as aforesaid." It is, therefore, tor "exclusive privileges and benefits" conferred for their own use and emolument, and not for the advantage of the Government, that a bonus is exacted These surplus powers, for which the bank is required to pay, cannot surely be "necetsory" to make it the fiscal agent of the Treasury. If they were, the exaction of a bo nus for them would not be "firoficr " It is maintained by some that the bank is a means of executing the constitu tional power to coin money, and regu late the value thereof." Congress have established a Mint to coin money, and passed laws to regulate ihe value thereof. The money so coined, with its value so Tcgulated. and such foreign coins as Congress may adopt, are the only cur rtney known to the constitution. But if they have other power to regulate the currency, it was coniened to be excrci sed by themselves, and not to be translerrcd to a corporation. If the bank be establ shed lor that pu pose, with a charter unalterable without its consent, Congress have parted with their power for a term of years, dining which the con stituMon is a dead letter. It is neither necessary nor proper to transfer its legislative power to such a batik, and therefore unconstitutional. By its silence, consuleied in connexion with the decision of the Supreme Court in the case of McCulloch against the State of Maryland, this act takes from the Slates the power to tax a portion of the banking business carried on within their limits, in subversion of one of the strongest barriers which secured them against federal encroachments. Banking, like farming, manufacturing, or any other occupation or profession, is a bu sincas, the right to follow which is not originally dciived from the Iaw9 Every c'uixen, and every company of citizens, in all of our States, possessed the right. until the State Legislatures deemed it jgo.d policy to prohibit private banking, by law. If the prohibitory State Itws were now repealed, every citizen would again possess the right. The State banks are a qualified restoration of the

j taxation. The manner in which these ! other objects, place that business in the (taxes shall be laid, depends wholly nn hands ol our p.gents, and then declare it i legislative discretion. It may be upenjexempt from State taxa ion in their I the bank, upon the stock, upon the pro- j hands. Thus may our own powers and

j liable to a poll tax by the States within which they reside The lands of the United States are liable to the usual land tax, except in the new States, from whom agreements that they will not tax unsold lands, are exacted when they are admitted into the Union: horses, wagons, any beasts or vehicles, tools or property,

belonging to private citizens, though now teke place, eliciting new light, and employed in the Ecrvice of the United j settling important principles; and a new S'ates, are subject to State taxation. 1 Congress, elected in the midst of such Every private business, whether carried discussion, and finishing an equal repnn by an ofheer of the General Govern- rcsentation of ti e people accoi ding to the

ment or not, whether it be mixed with pub! ic concerns or net, even if it be cartied on bv the Government of the Unipoer i f the State. Nothing comes more fully within it than banks, and the ! business of biokinr, by whomsoever in - The principle is conceded that the ; Stwtcs cannot rightfully tan the opera - , tions of the General Government They cauuot tax the money of the Govern

merit deposited in the State banks, nor the agency of those banks in remitting it; but will any man maintain, that their mere selection to pctform this public service for the General Government would exempt the State banks; and their ordinary business, from State taxation? Had the United States, instead of esta blishing a Bank at Philadelphia, em ployc-d a private banker to keep and transmit their funds, would it have dc prived Pennsylvania ol the right to tax his bank, and his usual bnking operations? It will not be pretended. Upon what principle, then, ate the banki. g establishments of the Hank of the United

i States, and their usual banking opera tions, to be eximpicd from taxatioi ? It is not their public agency or the deposits of the Government which the States claim a right to tax, but their banks and their banking powers, instituted and exercised within State jurisdic tion for their private emolument; these powers and privileges tor which they pay a bonus, and which the States tax in their own banks. The exercise of these powers within a State, no matter by whom or under what authority, whether by private citizens in their original right, by corporate budies created by the states, by foicigners or the agents of foreign governments located within their limits, forms a legitimate object of State taxa tion. Fiom this and like sources, from the persons, pioperty, and business that are found residing, located, or carried or. under their jurisdiction, must the States, since the surrender of their righ to raise a re?cnue from imports a.d exports, draw all the money necessary lor the support of their Governments and t'o maintenance of their independence There is no more appropriate subject .! taxation than banks, banking, ard bank storks, and none to which the Statis ought more pei tinaciously to ciir.g. It cannot be necesyary to the charac ter of the bank, as : fncal agent of ihe Government, that its private business should be exempted from thai taxation to which all the St;ite banks are liable; nor can I conceive it "fircitr' that the substantive arid most esstmial powers reserved by the States shall be thus at j tacked and annihilated a a means oi executing the powers delegated to the General Government. It may be safelj assumed that none of those ages who had an agency in fofYning or adopting our constitution, ever imagined t hat any portion of .he taxing power of the States not prohibited to them nor delegated to Cot gress, was to be swept away and annihilated as a means of executing certain powers delegated to Congress. It our power over means is so absolute tfu1 the Supreme Court will noi call in question the constitutionality of an act of Congress, the subject of which "is not prohibited, and is eally calculated to effect any of the objects entrusted to the Government," although, as in the case before me, ii takes awoy powers expressly granted to Congress, and rights sciupulously resei .ed to t o States, it becomes us to pro-.eed i our legislation with the utmost cautii. Though not directly cur own pwi t pnd the rights of the States may be ind cly legis'ated away i the use of means to execute substantive powers. We o ay no' enact that Congress shall not ha e the power nf exclusive legislation over the District of Columbia, but we maj pledge the faith of the United States, that, as a means ot executing other powers, it shull n;t be exercised for twenty years or forever We may not pass an act prohibiting the States to tax the bankir g business car ried on within their limits, but we may, os a means of executing our powers over the rights of the States, which we cannot directly curtail or invade, be ftitteied away and extinguished in the use of means employed by us to execute othtr powers. That a Bank of the U. States, competent to all the duties which may be required by the Government, might be so organized as not to infringe on cur own delegated powers, or the reserved rights of the States, I do not entertain a doubt Had tUe Executive been called upon to furnish the project of such an in ! stitution, the duty would have been cheerfully performed. In tne absence of i such a call, it is obviously proper that he should confine himself to pointing out those prominent features in the act prej sented, which, in his npinie.n, make it in- ! compatible with the constitution at.d 1 sound policy. A general discussion w ill last census, will bear to the Capitol the verdict of pub ic opinion, and, I doubt not, bring this important Question to a satisfactory result. Untlcr such circumstances, the Bink romcs forward and us a ni.cwal of its charter for a tetm of fifteen ears, upon ' condnions which not only eperaie ana as necessarily to make it incomplete and 1 tjnsatisfactoiy, discloses enough to excite j suspicion and alarm. In lae pacttoes of ! ! the mincipal bank partially unveiled, inj

the absence of important witnesses, ard in numerous charges confidently made,!

auu aajtk wnuiiy tininv esugaicu, Uicin-X7,, , . t, ,J.fr, .l.ich ... .elected hom Ihr most able , 1 d upon ll estate .! I ..- i u, , e it , mas li. 1'i'rrv. late s'.rvivinr rartner ct

. 1 . , ... I . i ...I . i i , .. : r r . . .t in, ! neuaiuu ui urinpr srnnn uniin mc dim. and a prosecution of the inquiry. As the r . i j charter had et four vpar in t nn. .ind as J - -w ,-(

a i tut oi nun was i.oi necessai y iu mt1,,.,,; , -, . . successful prosecution of its business, it ! 1 X ltetl to f; ih .ti wa to have been exnecrcd rhat the bank ; 4i' Seated accord. ng to law. 1 h-

ctcd that the bank i pu,i;y,and proud ! I have withdrawn itself, conscious ol its nf its charartf-r. tnnM ;,c amir.rtin.. k. n.andc-d the scirreM sn i.fir.v ir.m nil its ----- j m i mm - j transac'ions. in their declininc o do so. there seems to be an additional ieason why the functionaries of the Govei nmcnt j should proceed with less haste, and more ! caution in the renewal of their monopoly. The bank is professedly established as ! an agent of the Executive branchesof the Government, and its constiioticnalit) is maintained on that ground. Neither j upon the provisions of this act, was the; Executive consulted. It has had no od ; portunity to say that it neither needs not I wants an agent clothed with such pow-! ers. and favored by such exemptions. j

I here is nothing in rs legitimate tunc tions which make it i.eressary or proper. Whatever interest or influence, whether public or private, has given birth to this cr, it cannot be found e nher in the wishes 1 dangetnus to the Government and coun try. 11 IS to ue re ffrctted tnat the nrh nru ft m

or ncct bsities of the Executive Depart i J'M(-1 con.'umir.j? AHrfvcl cc'av merit, by which present action is deemed rJ ltltr fi'em, t;hi(ic :. at prenu.c, and the powers conferred! ...'V!'''' " 7 upor, its agent net only unnecessary, but ; 77., -r,,-, ,,f ,?:. .;. .... J

91 ----- - - powerful tooolten bend the sets of gov.MiE number of vrJ.riies cf the Cak- t e?nnent to their selfish purposes Dis , which h.ive alrtat' L. i u p'.ibbsl.td, d .motions in society will always exist un r -iihulntr-.s atjfl pu?icti:;.l;t of '.p.'.der every jus- government Equality o! ' 1-S1!"J J,! ti!f:ll:ng his cmtrcts vith his 1talents. of edi!&itinn. rr nl" naWh. rsnnn. ! x'n' lil lt P''cl to their contents, me vi-f-

be produced by human institutions ' In' the lull enjoyment of the gifes of heaven, j and the f.uiis of superior industry, ccon ! omy virlue, every man is equally entitled to protection bylaw Hut when tt e laws undertake to add to these Da ural and just advantages, artifirial distin ctions, to grant titles, gtatuiiies, and ex elusive Drivi'.cores. to make the rich rid,

er, and U.e potent more powerful, the cXeci't5(,!'. the quantity and "r" thhumble members of society, the farmers. S,aT,-?rK7aluf .rf thfI'

r society the farmers ' society, rue farmers. .rs, who have nc.tbe. ;ans of securing like mechanics, c laborers the time dot the means favors to themselves, have a light to complain of the injustice of their goernmcnt 1 here are no necessary evils in govern ment. Its evils exist only in its abuses If it would cot fi'-c itseif to equal protcc tion, and, as IKaven docs its rains, shower its favors alike on the high and the low, the rich and the poor, v would be sn unqualified blessing In rhe act before me, there seems to be a wide anc unnecessary departure from these just principles. Nor is our Government to he maintain ed, or our Union preserved, bv invasions J of the rights and powers of the several States In tbu9 attempting to make our Genera' Government strong, we make it wt ak. Its true strength consists in Itav tng individuals ar d Stares, ts much as possible, to themselves; in making itsell ell, not in its power, but in its beneficence, not in its control, but in its protection, not in binding the States more close lv to the centre, but leaving each to move ut bv.ructed, in its properorbit. Eperi.nc should teach us wisdom Most ff tli r':fcu'ties our Government now encounters and most of the dangers which impend over our Union, have sprung from an abandonment of the legitimate objects ol govenmcnt by our national legislation, and the adoption of such principles as are embodied in this act Many of our rich men have not men content with equal protection and

tq'al benefits, but have besought us to ! templation of those sublime and all impormake them richer bv act of Congress ! tant subjects which rieeplv effect his nros-

By attempting to gratify their desires, wc have, in the results of our legislation; arrayed section against section, interest against interest, and man against man, in a feariul commotion which threatens to ?hake the foundations of our Union. It is time to pause in our caiecr, to review our principles, and, it possible, revive that devoted patriotism and spirit of com promise which distinguished the sages of the revolution, and the fathers of our Union. If we cannot at once, in justice to interests vested under improvident j legi jlation, make our Government what it ought to be, we can, at least, takea stand agaiast all new grants of monopo lies and exclusive privileges, against any

prostitution of our Government to the!, cii nuir.rr ri uic askt cor.taa.s at 1 . . f . . f' least cne piece of Music, which is veh ctnl advance ment of the few at the expense o and arrJ d exprt.sslv f.')r u,eVAk The the may, and in favor of compromise and ' ,)0puiar ant! liewrfct airs arc a!ways al Ccm. gradual relorm in our code of laws and! mandtoatford a judicious selection, system of political economy. Nctwithstandingthc many exra cxpndiI have now done my duty to my coun-i lures, and the heav y expense of th fine entry. If sustained by my fcllowciuzens, I J Sfravings. given monthly, it is not the intt:shall be grateful and happy; if not, I ; tion of the pubhshtr toine tca-e the price of shall find, in the motives which impel ! fl,t ASKKLf hPnp.i,,! ,n advance, it will , . c . ; he turrr.shed for twelve months tor S"1 0- rme, ample grounds for contentment end; or thrtfe doU lTS if Mit UMil i peace. In th difficulties which sur. j the ve3r. ,t;nit at :i distance icn.ittirround us, and the dangers which threat-1 six subscriptions are e ntitled toa cr.j y rati? cn our institutions, there is cause for ! and 10 per cent, f.r collections, citmnleu'

neither dismay nor alarm. Forreiief and deliverance let us firmly rely on that kind j Providence which, 1 am sure, watches,! with peculiar care, over the destinies of . our Republic, and on the intelligence and wdom of cur countrymen. Through j , Hit abundant goodness, and their patriot ic devotion, our liberty Mid Union will be present t , ANDHLW JACKSON, Washington, july 10. 183?.

.m cf t. d. berry

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n,d l tt(' to the said otr.te. . tn !h. ? late Clin, wni pk-au inkc iun.vi:S. 7 payr.n-nt; end ad those wh. havt '.:iin iir.ut c-i'her, urc reitute(i to tl m 1 .11 1 V 1 1 1 1 r. 1 1. : tt.il 'i r-r-. -A .-. I , ... 'l"K..

late ... - . "t,,1l" c" J',7V 4 " c; ;" 1 1 ' r "l'"" 7h'f- c T" c rs utl onzed t, xr.t,i,.,o j . roopen, wil, disrxe ii the TOth uuvw '"'-- J W. P.r.RRY. W. V,. 11 ITT, Vinrcnncs, Julv ISH2. 'JiTIN AND SIIKKT-IRON MAKITACTCRY. I HAVJ. W A li V.

a Lakgk asortn.ti.t cf I'll rft on fiat.d, uhic'i I . ill vt-h at J retail low for CAM I .r l'HO- j(u

DI CK, Mich a n.av sui Jti!) vr.ik d n; N SMI I II. ;tt hnrt i.ourr. .0- tt i ia si !. ! i s or A MAV VGhCMi;. ATI! IK GI ' CALEET, I Or ('i m.s of Lift rat Hit, Y;t and ;.':" 7ntt, (A .!o. rrhj ric oiraL) jfu: a rcr.t 1 ul v. ! art 1, . 4 fv ltl tl: 11 aI! acq.nir.tul w.ththe W s,l,,w ,li d ttr' " 'L?' n'cix pa'ror?Pc ments in li e wurk. Its t; poi.r a; !-:c:il pcaranrr is ir.ncii changed f.r tlie bctt.-i , a: J i t ves that the voluu.c now tv iKMt wil not be cMn-d. d in repect to typr-siraj-hiral execution, the quantity and (j'r.iitv vi tn-. inKraVI gs,aTul llK va,cf the extents. In' f,a,e t.,irj(lical aritl , . f , f 0 ljn lllc cU t puW:callM cf ;.C kinJ - the country. The facilities far obtaining suitable nrtic!e; for this work have ol late, much increase d. Some of tin best literary- publiratioi.s cf Europe ate regularly received at the-1 fficc oi i:it- v.askkt, as well as the pronunipt America!: perineals. Fiom both selections at v made with much cave. To s-rurc; a sufficient quantity of okioIxal rMTTtn, and to enable mer of talent to prosecute their labour, with succe ss. & cont; ibute to ;h ancc the literature and science cf rurown count: y the publisher gives a compensation :o his corrcsp. ndt r.ts, commensurate to thf support he receives. In respect to the Embellish which, appear in the v-ork, the publisher htheics that no other periodical has .-uch a p elusion of elegant expensive cgraviis. ExciitcU in ge rr.l by th first art'.sts u tlu- city they will sufier nothing bv comparison -I. 'I h.cse form a considerable item in the expenses of the work, and in one year, exceed the whole cost of publishing some periodicals for the samek-r.gtlic.t tin.c.the subscription, price of which ino lower than the Caski-t! The subjects of the- engravings will continueto be as heretofore Porthaits of distinguished characters; plates e f the kkwfst Fashions, both of Europe and America; Vikws of American Sckv.v. parricularly sti iking and inteies.ing; Nati-kai. History ; Kmbsoidfrin-c ; Fori igs and DOMKSTIC APCHITECTI'RK ; BOTAMCAL Plants, and whatever other subjects may he deeircd calculated to instruct, interc?!: and aniii'-o. To inculcate ound virtucus preccelts ar.e! , guard the thoughtless agai:st the snares cf i vice: to lead the vouthful mind tn irr,, penty; to gn e a taste for the rich, ple-asin and beneficial enjoyments cf literature and learning, and to hold cut inducements for the voung to cultivate their powers and enr ich their understandings with substantial information, are matters which the publisher trusts he wil! ever keep in view. He is gratified in looking over his past labours, to find no language or sentiment recorded, calculated to deti act from the benutv of virtue, orto show vice in a less hideous aspect thin it really is. l)e attcnticn is also paid to FopTnv, Anfcdotk. Light Kkadixg. Ami uv j Skltcuks. and th ose ctcc'Tu f vvhicli re lieve the mind from the labour of close sr.ndv, which refresh the understanding, and give' a zest to graver and niGre rnpertant cempesitions. T- , r . , r j sets for lJb, 139, and liio sur r hcv! to 01 tier. 17-Orders. free if fnst.ic, will rrcct prompt attention. Persons, at u elisiance w ilj, find the mail x safe Conveyance for ordering the work and enclcsing irnwtt tnces. JOB WOHIS or EVERY DESCRIPTION r. wxtu DrvriTcu at this ornrr. ic:

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