Newspaper of Burlington Free Press, May 4, 1838, Page 1

NOT THE GLOltY OF CU8A n IMf T THE W E 1. F A UE OF It O M E . BY II. B. STACY. FRIDAY, MAY 4, 1838. vol. xi iv o. no? Mn. V H US T 13 It'S S P 14 U C II . I offnrs had reached the point, when ho nm I Iim rni'tiii. nnconhim I" the course Ihey CONCLUDED. I .-hntiltl inl:. would ronn I in lull harvo-'t (M Tlio next exposition of I ho hnnornblo ii,nir lini, nnd arduous it rii'7ilr. iii?nin-i thn gentleman's Rou'imonts nnd opinions is 1 ncronclnncntr! nm) iitms"- T 1 hu General teller nl November Jii. Government, or boso i ho fruits of nil their This loiter, sir. is n curiosity. As (I pn- inlinrs. per. Icf crihiiiir pnlilicnl movements, anal At that time, ho says, Slate interposition exhibiting politicil iipmionc, il is wiiiioui rVIZi Nullification) had overthrown ilia pro n parallel. It-phrn-u is nllnj?ot her mililn- tcctini; inrifl'und tins American system, and ry. it rcaus in.e a uc-paicu, or a ouunin ,,nt n Rll,p t() rjnngressioiial usurpation: from bend quarters. It is full of attacks. tllt 10 had previously been tin it lmI with assaults, nml repulses. It recounts; move. 1 1 li o Nnllonnl Republicans i nml thai their incuts nml counter-movements ; speaks of jjni attacks had brought down the power occupying "uu piiiiiiiin, limn- u um.u (,.10 uxectnive ; out Mini, in joining -men another, and advancing to n third ; il hns ho was not insensible to I In- oinbar. positions tu cover enemies, nnd positions to rn-mont of hiq position; lint, with them. hold allies in check. Meantime, the eeler victory itself was dnii"ornin ; and lint it v of all those operation- reminds one o!' therefore ho had been waning for event lh rapidity of the niiliinry uclions ol llic ,lllt nmv (,)nt lt5 ( tnv, jn September Kin'' of Prussia, in the seven years' war. ,u, :,, nnnckn of the allies had Yesterday ho was in the South, giving )rl,,r ,w ylS eutive power: that Hi balllc to iho Austrian today he is in Sax Administration bad hi'coino diverted of ony, or Silesia; instantly he is loiind t" nuwer und influence, and Hint it had lie have trnvcrt'il t J i c rj.PCi'T(iti, nil (J it5 rucini rnnn r Inr I Iim t Iho combined attack- ol the Unnnri and the Swede on his ftorlli i;rn frontier. Ifymi look for hi-i olacn on 1ho limp, before yon find it helm quit'ed il. He is alwtns uiarelung, flying, tnlliug back, wl Imp, nilackinjr- dolcitdmg. stu nansn. bin lo his n'lios and llieir cause mi-ing; fighting everywhere, and fighting ,,, ,,, ,,, tosav r li-H he spoke "t per all the Mini!. In "lie particular, however, victories, or alluded to personal oh- thu campnigns, described in tins letter, nil- at all. He spoke of his cau-e fer rem the manner in uiiicn iun-e 01 mo it,, ,,,,.,., i ... t hen. thai never jrent Frederick were conducted I think WIH i,,lr,, before, and in-ver, probably, will wi! nowhere read in the iiarramo 01 v reu- M,ri, be aoaui. so lair an opportunity for crick's achievements, of In-: Inking a pnsi ,imr'lt'nii(l Ins fri-nds to carry mil thtir tiioi to e -ver an eneiriy. or a position 10 ,,, rinrinlcs and imhcii .and lo reap the lio d an fillv in died:. These refinements. nlU nf their lotur anil arduous strn-'-'le. the (-cienee of ibcmcs and of war, are of )'(, j ,r.jii,.s mid tins policy, sir, b mote recent discovery. remembered, he reore-enls, all nlons, Mr. Pierident. public men rnuM ccrtninly nleniified with the principles and policy of tie allowed lo. clnne ineir opinions ii'io niillnc;it ion. And he nukes use ol nn tin ir H-soRiHiioix, whenever they sec fi'. r;,inmH oppi rtiinny. by rnfti-ini; to join In iNnom- doiiut uns. r.ieo nny nave crown aU, niQ:t , nnv inrilier ailuel; on IImh. wiier. Kiev nny have aiiaiii"d to betier iHver . rallvin" anew the old Hune ri'ht and in re correct views of i;roa! public ,.,riV m hoid in check their old opponent emliiec's. Il won'd be iiutortmiste. n there ,.(, Naiionul R'-imblican ivuty. TliH. he weuj any code wlncli liiiitit ciblir men, ni say would enah'e him to prevent i he com puiiuc or priviie nie. 10 aooere m oiioiou- .,n,, h t u.i nc v of bw allie-. and lo com once mete eii'eriauieiJ. in spue 01 expen- n . t0 s.iiiihorn i ivi-mm ol Hie Admini enco sod bett'.-r knowledge, nud nrraiui , raiin ty to occupy Hie ground of which llip'i own convictions 01 uteir orroneoin )U rnjP!, i1. ,. cushion, to wit. Hi the nllied force and denioli.-h it aw, loo. as be victory would would utterly overthrow All ibis be saw. liu' lie say-i, that ill that case Hie uiiire, net to him or Ins clitJrncier. Neverllo'less. sir, it inii-t be ccl.nowlediitMf. Hint what appears to be a sudden, 8- well as n great change, natural Iv iiroduces.H shock. I confers for one. I was sliock-'d. when the linuornOh! man. ai Hie la-it ses-ien, espoused this bill of the Adnimi'.irsiion. And when I first read ibis letter of N ivemlier. and, in the rrotind of thu old Slate rights party. They II have, he fays, no o'her nliem iiive. .Mr Prc-ideiit, s'rinped of its iinlimry langoago. what i the amount of all tin-, but thai, finding the admiui-iratiou weak, and likely lo be overthrown, if the opposi. ion continued with iiiidinnni.-hed force', he went over to it. lo loin it : to net. biin-ell short i-psci! of a colnuiu and n half, ran Upm, n n I h fici t ici it prunjiples ; and lo com- Miroiigti such a isiiccshiii 01 ponucai ny ,, ,utheiu memhers of Hie Aduinm movements, all terminating in placing tin honorable member in Hi" ranks of our op poneuis. and en'uliiig him in lake ln se.-it, as be hu done, among them, if not at their lieid, I confess 1 fell still greater suruti-c All ibis seemed a good ileal too abrupt Sudden movements of the affections, wlieih i ration to meet him on Hone principle-) ? in o'lier word--, to make u nullification Ad muu;.traiion, and to iUe Midi part m it n--liniild belong to him and his rnouils. II. eonfe;-"-!., sir. tha' in (bus abandoning hi allies, and taking a po-niun to covr thos' ui nower. lie ni,reeive!i a shock woiiki no cr pertonal or political, are U little out of cr(.ai.:d, wincli would r quire -out" degr nHture. HI resolution and finiines. In ihw he wis Several vrars ago, sir. some of tho wits r,,i. a shuck, sir. has been created: of England wrote n mock play, intended to v,,t i1(,r,, ,, js, ridirule in! uunnlural and laUe feeling, Hie 'ri,H Adinun-lration. sir. is renro-enteil srnlhnentttlily, of a certam German fdiool .. scc,,.(i,ij, to ihel.i-l. by an ioh-riiance of literamre. In tins play, two strangers ,, rlMC11,,,. Itnrofe-.es to tread in the nro brought togeiher at an inn. Wine they are wanning Ihein-elves at the fire, nud before their acnnaiutance is yet five minutes old, one spring up and exclaim- to Hie other, "A siidmiii thought r-trik me! Let ih swear an eternal friend-hip !" Tin-- aff clioiinin offer was iiii-tautly nc- cepteil and the frinud-liii duly -worn, uu chntirreable and eleiunl! Now, sir, how long this eternal friendship Incioi what manner it cndi'd, Hio-e who wb lo know, may learn by referring to Hie play. But it sectn to mi, sir. thai the linuora. ble member has carried his political senu mcninliiv n good deal higher than I be flight of III" (Jerurill i-ehooli lor he apeitl 0 hnve fallen -odileoly 10 love, not with stran gers, but with opponeuls, footstetu of iir illustrious prcdeee-sor. It adopt --,getit) rally, Hie -.ennin'Miis, principles, and opinions, of (lenei-tl Jackson- Prnclnm rilinu and nil : n.id yet. though he hi! tho very prince of Nnlhti rs, and hu' inl "I V re. garded ns Hie clnefest of -uui'-rs, it re eeives the hntiornb'o gentleman with tie1 ntmo-rt comiil.iceney ; to all ai)ienr.iore 'he delight is mn ual; thev find lino uu note niler. he finds Hi. on conndyuig foi..w s. ISul. -ir, in nil ibis movemeiii, be under. tnnlls himself. He menus in go ahead. and lo lake them along. lie is in Iho en ine car; he controls i he locomotive. Ilts hand regulates Hwi steam, to increase (r retard fpeed, at Ins own discretion. And to Hie occupanlH ot Hie p:ir-fiiger cars, ir. i hey are a- happy n set of gentlemen as Here we all had b -en. sir, contending ,, ,esiri' lo see, of a summer's d.iy ngniu-t the progress ol executive power. ''n,,v !,,(. Hun they are in progre.s ; 1'iey nml mnro pnriicularly, a id inot htronuoin boi., i hey -hall le.i" b-i run off the track: ly, ognin-t'lhe projecis and experiment of n w(1 ,(,v ron(;l , ni , ,,,r :01lr. ine Aiimnusirai.on upon i no currency nnv ,1(,v , slrn , (, thruiUful The Inuiorable member stood among u--, 'pi,,, urdu-ms lrii"le h now all ov not only as an a-snciaie. but a leader. u tri" fruits an; all reaped; Nu'lifn-a We lliunghi we -ere making som- head Utm embraces Hie Mib-Treasuti"s, and way. I no I'eople appeaed lo be coming oppression and iir-urinliun will be heard ol in our sup ion ami our iit-sisiaucn. i no ,0 mure, country had been roused ; every successive On the bmud surfaco nf the country, sir. eleoliou weakuinng Hie Klrimnth of the ad- ,,or,. ls a h,mt ,.,,11,1 (!. Herini'age." vcrsary, and increasing our own We tlal re-ulenee is an occupant verv well were in this career of success carried known, and not n little remarkable both in ftrongly torward by Hie cntrent or public person and character. Suppose, sir, the opinion, and only needed to hear tho cliecr- (1CCI, pant of the Hermitage were now 10 ing voice 01 inn uouoraiiio mrmiier, Upon that donr. enter the Snnate, walk Once rnoie to die hie.uii, dear fi lends onconioro!' forward, and look over thu Chamber lo ,i oi,iii bnue rirn.irnio.i f.....r t lie seals on the other side. He mn fright thiH nnti constitutional, ami commercial. K'-'U"-'""'"-. 1 s ""i inncys skoicii nnti republican, and null American policy "PP" "u ' ",s " ' 'imoug 11 il,n A,l,..o.islrnli.oi. Rnl ind. n,i l sir, nml see Olio WIIOsr mUl(H liasl.llleu. Iticsn rncouraging and aninnting nccents, 1110 cliiet suppon 01 mat numiniiiat i.i,i,i 1 .n iim i.eru erism nf our nfiv, winch wa', in so great n degree, nppoinied the very eve of victory, Iho honorable mem l,y buii;lf. nni1 ,vl,lch l'tmY r,,lfil1 " ber cries out to the enemy not to ui, his to mnuiiain the principles of his own. If geniiemen were now 10 nuu mi sienoy tun nnry step, hi erect posture, his compressed and he denies, loo, th.it it can autlinrizn llie reception of nny thing but gold and ilvcr 111 the payment ol debts and dues to the (lovernnipnt. These tiuestiuns, eir, nro nncslions of magnitude, certainly, and, since they have been raided, ought to be answered. They may be considered together. Allow nie In the first plane, however, lo clear them from some extraneous matter. Tim bon. otnble member puis Iho first queaiion thus: Have we the right to make depositee ill the bunk., in order lo bestow confidence in ilieui) wnb 11 view to enable llieni lo reumo p-'Cie tiavmeins ? And, by woy of illus- Iralton, a-l;s tbn further question, whether liovernuieiit could constitutionally bestow on individuals, or a private association, tin1 '.aiue advantages, in order to enable Ihcm to pay their dub's ? Hut this I uike not to be the question. The true inquiry is. May not Congress au'hort.e the pubi c revenue, in l lie intervening tune between ns rrceipt and its expenditure, to lie deposited in bank, for the general purpose.' of safe keeping, in lln same way ns individuals depn.spe t h at r own money? And if" lln-a mode of safe keeping be nliended with incidental advantages, of considerable im portance In ill" community, is not that n reason wlncli may properly govern the di- erelion of Corgres-i in the case? To bem-fii the hanks, or to beuefil the com miinitv, w, in this ease, not the main objecl ; it is only the incident ; mid ns to the case put tor illustration, it would not be expected of Congress, certainly, to make deposiies with individuals wnb a view, principally, of enabling such indi viduals to pay Iheir debts; it might, never theks, he very competent to Congre3. in some enses, and a very proper exercise of its power, to deposito money, even with individuals, in such manner asthol it tnigbt bi advantageous to the depositary. This mcideninl or consequential advantage re sults, often, from tho na'iiro of the trans action, and is inseparable from il. Il may always be enjoyed, more or less, by nnv one, who holds public money for dishur-e. iiieut. In order lo the necessary exercise of any of its powers, (jovernment donlit le.q may make cnntrncN with banks or oilier corporation- as well as with uidivid nnls. If it lins occasion to buy lulls of exchange, it may buy them of banks. I' il bus stock or Treasury notes to sell, it may sell lo banks, as the Secretary of the Treasury lias lately proposed. It may employ banks, therefore, at ils discretion. for the keeping of tho public moneys, a: those moneys must be kept somewhere Il can no nmre need a specific grant of power in thu C ui-titiition lor such n pur pose, than one merchant, becoming agent (or another to .eoeivo and piy out money. would need a partn-ulai clau-e in his an thorny, enabling li'in lo use banks for the-- purposes a.uii her persons iho Ihem. No queston lias ever uepn raised in this iiov eminent about the power of Congress t an bin;'.- -nch depo-ites. ,M'. iMad'-'ui, in opposing the fir si bulk charier 111 1791 argued, si reiiuotisly. that a Bin!; ol Mo Unitid tS'a'os was not necessary u Gov ernment as a dopo-lliiry ,,f Hi,, public mo lleVs, because, be in-iteil, its ue could bo -upplied by other binks, Tin-- sufficient ly shows his opinion, And in 1 1100, Congress made it Hie duty of the collectors of cus toms lo depo-iii; binds fr dmi.. in the bin!: and I's branches nr collect 1011. Wo-11 the charier of the fi'M bink ex pned, in lllll.nlm -! everj gentleman who opposed its renewal contended that it was n it necessary for 'he purpose nf holding depnsi'es of revenue, because Ss'nte banks could answer all such purposes eqim'lv well. A strong and prevailing tone ol argument runs thiough all the speeches 011 that occasion, tending to Ibis cnuclu-iou, viz. that (Jovernment may deriye fr 111 Stale banks nil the benefit which a Bank f Hie United Stales could render. In ill G, win 11 1 ho chnrter of the l.it haul: was ginnteu, 11 contnineii, as originally presented, no provision lor making the allies but In llie enemy "Holloa ! A Hidden thought strikes ul I nbiKidun mv nlltos ! Now I think of it, they have al ways been my oppressors! I abnniinn them, and now let you and inn swear an eternal Iriendvlup! Such a proposition, from such 0 quarter. I lips, Ins firmly knitted brow, and bis eje full of (ire, I ennnnt help llniiUing, sir. they would all fool surnewlnt que Thero would be. I imnginn, not a little awkward moving, and shilling 111 theirseais They would expect soon to hear the roar 6ir,vvuH nui I'kdy to bo long withstood. ,,r J0 ' -f dU 10l fccl )lls Tho other party was a little coy, but. upon v ' iim lulirile. Hill hill ir lontli. After nrnnnr ' licsitalion, nml a Imln deenrnus blushing, it I proceed. Bir, lo tho speech of the lions owned the soft impeachment, admitted an "rnblo ineoihcr, delivurtd on tho I5ih of ..ii.siiildnn Rvmimtheiir. imimlsn mi its roorunry last, in which ho miuouuces ci,l. mill. Sllino few lunr.lj nrn u.nnl.ol prO)OSl jllllS, rCSpi'Ct llirr tllO COIlSl P III IOIUI whore hearts are already known, the lion l"wor of Cnugre-s, winch, if they can be uablo cent Ionian tokos bis place among iiimntained. musl neceanly giye anew hit ......V r,i..lwie noiiilst rrrem mr nml r direction to our legislation, and would gn losses, and is already enjoying iim sweets M" H'wnrds shuwing the necessity of the o'aiielrrriul friendship. prceonl bill. '.n tins loiter, Mr. President, tho writer Tho honorable member, sir, insists that eyi, in Eubstuuce, (hat lio 6a w, at thu I Congress bus no right lo make genernl vwiniyuiiueuieui ui ine m-i bubbiuu, tiiuii uepusuca 01 iiiu puuuu revenuo in uaniis earn of thu money of the country, and lo regulate all tho great concerns of com merce. Hut let ut see inw Ibis opinion of the honorable member stands upon the author ities in our own history. When the first bank wa$ established, the right of CougreHs to create such a cor. porntion was, ns we nil know, very much diMiuted. Jmgo majorities, however, in hoih IJntisrjs, were 'of opinion that the right existed, nml they therefore granted Hie chnrter : nml 111 Him charter there was an express provision that the hills of the bank slimi'd be receivable 111 nil payment--lo (! iveriiuirnt. Those u ho opposed t be biyik did 1101 object to ilns clause: on Hie contrary, they went even much farther: nud Mr. Madnon expressly insisted that lyOiigres nngli' "rant or refuse, in Stme lb" privilege of having their notes received in revenue. In 1791, therefore. men of all parlies supposed Hiat Congress. I 111 its di-creiiou, might authorise the re ceipt of bat k notes. Tbn same principle was inco'purated into the hank charier of 010: indeed, it was 1.11 the hill which the gentleman himself reported; and il passed wIMioiii nb eel ion from nnv ouatter. Hut this is not all. Mr. I're-ident. let us look into the p. nr.eeduiL's of the session o" Kllo-'IG a In lie more closolv. At tin commencement of that se-ion, Mr. Mndi- on d'ow our allenliou lo llie. siniu 0f the currency ; by which he meant the paper currency nf tho country, which was then very much disordered, as the banks had suspended specie payment during tho war, mid had not re-nnied. I3:uly in the pro-L're-s of the ses. inn. the lionnrnble member from South Carolina moved that tins part of the message should be referred l a elect committee. It was so ordered The commute)! was raised, ami the honor able genileoiin placed nl ils head. As chairman of t lit? comniiMee. he introduced the Hank lull, explained it, defended it. nod earned it t r i 11 111 ,l 1 : 11 1 ly through the II"ii--e, having in H the provision which I have before mentioned. lint there is soineibing more. At the same session the gentleman lntroducd tb bill for the further collection of iho rove nun, to winch 1 have already referred, nml 111 which bill he carried the reeeivalnlit v of bans notes much further, and provided Hint notes nf any bank or bunkers which were pnyntile anil p'tnl, on demunil, in sperir.. mini ua numtpii anil arrrpietl in all pay mailt In the United Stute.i So thai tin honorable geniliman nmi-elf drew, wnb Ills own pen. ihe very fi'si legal enactment in the history of ilns (ioyernm-iit. by wh'Ch n w.i provided thai tb" notes ol ss-iiln banks sbou'd be consmlured and treat 10I ns money nl tin.- Treasury. Still lurlher, sir 1 he hill containing this provision did 001 1 lie iioiiso , ami as 1 neoni'm Mime provi-ioii neee--ary, indispensably neev -ary, for ihe slate of things then exist in I UU roilun 'd, I Hunk Hi" very llevl day art the failure of Hie Impotable genii -man's bin. toree re-oluliniis. Tie. 1 wo first wi mer.-ly declaratory, as- r'tng thai ail iluti iax',, nnd imposts, ought to be unil.irm and 1 tun the revenues of Hie United S'ai ought to be collected and received in Hip legal currency, or 111 Trea-ury mil the notes n the Hank of Hie United Slates as by law provided. Those two resolution I agr -ed lo waive, as it was 1 bought they W'-rn not essential, nnd lint they might imply some degrou of censure upon pas' iran-ac'i-ms. Iho Huril resolution wa these words; "Anil tetolved, furthtr. That the .Srciciar ol Hie I D'.i.in v he, dim! he lineln1 i. ii-iin .ih led lo adop' Mich iiummiips as lie 111. iv deem wti"s m l i e.iHiu, as mi 1:1 .i.i 111 ly he, all il.nii 1 liisi', il 'hls, in- Minn of nintipv .iTOiiiia,' or liccm I in piMih'e in die Uiuieil ."il .Ics, t - t I'i'ok I and paid 111 llie p l cuneiiry nl'ihe Uniied fjlsiii' or I le.i.nrv-11. in., or iiiiii'.h ill lln: li.nik of die Uni i led .Sillies, as iil'.ir' ii'1 ; and ill 1 1 IVoiii and ahc lllic i.-Ih.i ol l i'lininy ncxi, no Mich iliini'-,,iaes . il'ihts, hi- cuius iifiiiiiiiev .iri-i it 1 ivr in- hcriiniin 11. i I bin 10 1 In Uiiiie.l .Si.iii's as aliiie,aid, fill-in 10 he r.nlleiMcd nr leceiu'd oiliot ivisi 1I1 in in ilia p, run eney nl llie Uiiitril ftl.ucs, m- lie.isin v tinu public ilepnsites in ihe bank. The hill was j or miles oftlio Uaiik ufilie United .States, as rul0 probably drawn, in 1 his particular, from Hi model of the lir-t charier, in which uu sueh clause was contained, without adver ting In the law of ViOO ; bill a section was 1111 miliiceil, uu my million, making it the duty of colleptiirs to ileposili! Hie public in.ineys in iho bank nud its brnnches. It was this section ot ili"l.iv which some of ns 1 bought was violated by Hie removal ol thu (lopo-it)'s. The main object of the dppocito bill ot IIS3G. as we know, was to regulate depo-iies of llie public money wnb ihe Stnii' hanks; su that, from the couiilieiiceiiieiit ol Ihe Government in the present nine, nobody ha-thought of making nnv que-timi of the consiilutuiual power of Coegrefs to make sueh arrangements. The gi nili'iiion'i other proposition, and which he lays down with si ill more fund. dence and emphasis, is, that Congress can not. coiistiiuiioiiallv, uuthurr.i! the receipt of bank notes, though ihey bo notes of spcciu-pnyiug banus, in payment ol debts to (loverumoin ; becnu-o ho says, that would make Ihem money ; nud if we make litem money, 1 hen wean; bound to control and regulate (lint money Most certainly, sir, I agree with the honorable member, that when hank notes become money, wei are bound lo eonirul and regulate llieni, 1 llmuk htm fur t hit: admi-sum; since it goes u-great way to siippnrl that propnsi- Hon, lor which 1 have been contending. Thai bank notes have beenmu money in fact, that they answer the uses of money, that, in iiiiiny're-pects. Iho law treats them ns money, is' certain. Why. then, nro we not already hound lo control and regulate them? Tho gentleman will say, because wo hnvo not, ourselves, made them money. Hut is that any answer? If Ihey havo become money in fact, t liny rcquiro tho same regulation, nnd wo hnvo the samo aiithunty In bestow it, as if they bad ncqui. red iiidi cuaracicr oy any acta of our own said." I he Senate will perceive that, in tin resolution ol mine, llinre was no provision whatever lor receiving bink no'es, exeei ol Hi- Hank lift ln Unti-il S'ates, accordiii to Us charier. Well, whai happeni thereon? Why Fir, it you look iii'o the National ln'el.geucer nf a succeeding nay von will find 11 stai-tl, that Mr. Ca!hoini inovei) in aunnd Mr. Webster's rnsuhitii by extending Hi prmdsitiw In Ihe it' nil b'tnki whiih should at the time specified therein, jiuy their notes in specie tin dcni'ind. I lns aiui-iidineiil was opposed, and for 1 line defeated; but it was renewed. 111 finally prevailed. It was incorporated 1 11 1 Hie resolution) became part of the law u the laud, ami so remains til t hit very mo meni. Sir, may I not now say to the lion limbic member, that if the Con-titutioii the country has been violated by t rent m hank notes ns money ' Thou art the man How is it possible, sir, Iho gentleman could so far forget his own agency in thuo most iiiiportanl transactions, as to stand ut hero, the oilier day, nnd with nil air not only of confidence but of defiance, say "Hut I lake a still higher ground; I slrili nl t he rout ot ihi! mi-clncf. I deny tho rig of this (lovunimeiit to treat bank notes ns money in ns li-eul ttausacn ms. On this great ouestion I never have before commit ted myself, thutigh not generally disposed to abstuin Iroui lorinuigor expressing opm tons I will only add, sir, that this reception ond payment ol hank notes was expressly recognised uy niu net ol tho Mtn Ap llliiG; by tho deim-ito act of J'.me of thut year, and by iliu bill which passed both Houses 111 11)37, but which Iho rresid did neither approve our return. In all these acts, so far ns I know, die honorable member from Smith Carolina hiiiiiclf con curred. bocauso our power it) general ; it ia lo take I So much for authority. Hut now. sir, what is tho principle of con striiclion upon winch the gentleman relic; to sustain his doctrine? "Tho genius of our Constitution," ho says, "is opposed lo tho assumption of power." This is 1111 ilonbtedly true: no one can deny it. Hut ho adds, "whatever power it gives, is ex nressly granted." Hut think, eir, this by no means follows from tho first proposition, nnd cannot be uininlniuc.d. Il is doubtless true that no ii'iwer is to be assumed: but then powers may bo inferred, or necessarily implied. i is not a question of ns timption of fair. just, and reasonable inference. To ho'd Hint no power is gran'ed ami no means authorized, but nuch as are granted or nut lion1, 'd by expre-is words, would be to establish n docinne that would put nu end to tho Government. Il could not Inst through n nnglo shs-mui of Congics, If such op ntons had pi-evn lb tl in tho begin ning, 11 never could have been put in mn Hon. nnd would no', have drawn its fir-t breath. Mv friend near me, from Dela- are, ha gone so fully nud bo aldy into this part, of ihe subject, thnt it has become tpiite unnecessary for me lo pursue it. Where the Constitution centers on Con gress a general power, or imposes n gennr al duty, ull other powers neceasary lor the exercise of that general power, and for lulling that duty, are implied, en far as cm is no prohibition. Wo act every day up n ibis principle and could not carry ho (lovernnipnt without its aid. Under the power lo coin uioiiev, we build extien- ive minis fill them with officers punish ucb officers for ombf zzleineut buy bullion and exercise various other ac's of power. The Cons' nut 1011 says that the judicial nver of tho United States shall be vested certain courts. Under this general iithortiv we not only establish sueh uirN, but protect their records by penal nin-i forgery, and tno purity nf their administration by puni-' iug peiinries. The Department of Ihe Post Office 1- anoiber, and -ignal instance, of the extent and necs-itv of implied powers. The hole authority of Congresi over I hi object is eprcs-ed in very few words are merely "to establish post nfiice nil po-l roads." Under this short and general grant, laws of Congress have been xlonded to a great variety of very impnr- ml enac1 mcil. without Hie specihe grant f any power whatever, as any one may ! who will look over the post ofiice laws. In these, laws, among oilier pmpvi-ions, ponnlti's are onae'ed against 11 great mini r of ofT'iic's; 1 bus deducing lln: Inghepl Xerctse ui criminal iiiri-dieiinn, hv rea on iblo and nece-snry inference, from ihe goii'-rnl authnnly. Hut I fo'hear from Ira- r'sino 11 Held already si fully explor-d. There aro'ono or twi o'her remarks, eir, in tin- th, . geiiHeiiuin's speech, winch 1 iiium not entirely omit to notice. In sneaking of the beneficial eff'Cis of Ins m -asiire. one. he su-:?, would be, that Hie weight of the banks would be taken 0111 the side of I be his consumers, where it Ins been, from the 1:0 inn.'iiceinont of lb" fiovrriuneul, and placed on iho side of he Ine p'tycrs. Thi- great division of the :o 111 111 ti 11 it y necessarily grows out ot the fi-cal act ion of Hie Government." Sir. I utterly deny thai there - the least foundation, 111 fact, for tins distinction. It s an ndius di-iinction, calculated to inspire nvy audi hut red; ami being, as I Hunk, wholly groundless, ils sugge.-tion. and the udeavor to maintain it, ought to bo rests- d, and repelled. Wo ate nil lax. payors 11 Ihu United States, who oso articles on which imposts are laid; and who is there hat is excused from this tax, or dies not pay h's proper part nf it, according to hu consumption? Certainly 110 one. On the other hind, who are the tax consumers? uiearty, the Army, the Navy he laborers on public works, and other persons in Government employment. Hut vep these tire not idle contuners; thev are agents ol Hie Uoyerniuent and ot the People. Pensioners may be considered n- pcrsons who enjoy benefit from the pub lic taxes of Hie country, without rendering present service in return; but the leunl provision for them stands on the ground previous inenis, which none deny. Il wo had a va-l national debt, ihe annual in teres! nf which was n charge up in the country. Hie holders oft his' debt might he considered as lax consumers. Hut we havo uu such debt. If Iho ilist ni"i inn, therefore, which tho geiuleiniu stales. xi. is any where, m-i-l certainly it does not exi-t here And I cannot bin exceedingly regret Hint sentiments and opinion should xpiossod here, having so Inile loiiuda- lion, and yoi so well calculated to spread prejudice nnd dislike, far and wide, iigniut Hie Government utid iiistituliJiw of the count ry. Hut. sir, I have extended thesn romnrks already to n length for which I find no jut ilient 1011 but 1 it my profound conviction ol the importance ol this cnis 111 our nu tonal affairs. Wo are, as it seems lo mo ahnul to rush madly from our proper pheres. Wo nro to relinquish Ihu per formance of uiir own incumbent duties; 10 abandon thu exercise of essential powers, confided by lb'' constitution to our hands, lor the good of the country, I bis was my opinion in September il is my opinion nnv. Whalwo propose to do, and what it was made to extend, and whatever other blessings it now docs, or hercalier may, cooler no the milllmns of free citizens who door shall live under its protect ion j even though, in tunc lo come, it should rniso n pyramid of power nnd grandeur, whosu apex should look down on tho loftiest po litical structures of other nations and other ages, it will yet bo true that it was itself the child of pressing commercial necessity. Unity nnd identity ol commerce ninong nil the States was ils seminal prin ciple. It hnd tioeti found absolutely im possible to excite or foster enterprise 111 trn le, under the influence of discordant, and jarrirg S'atc regulations. Tho coun try was losing all tho advantages of its position The Revolution itself was be ginning lo be regarded ns a doubtful bles sing. The ocan before 113 was n barren wasle. No American canvass whitened its bosom no keels of ours ploughed it" waters. The journals of the Congress of the Confederation show the most constant, unceasing, unwearied, but nlways unsuc cessful appeals to the S'ates and the Peo ple, to renovate the system, to infu-o into thai Confederation nt once a spirit of union and a spirit of activity, by conferring on Congress the power over trade. Hy noth ing hut tho perception of its indispensable) necessity by nothing but their conscious of suffering from ils want, were tbn S'ates and the people brought, and brought by slow degrees, to invest this power, in a permanent and competent Government. Sr. hearken lo Hie fervent language of the old Cangrcss. in July, 1705, in a letter addressetl lo I he, Suites, prepared by Mr. Monroe, Mr. King, and other great iinincs, now t ronsferred from the lists of living men, lo the records which now carry down tho ''ame of the dt-tinguishcd dead. Tho proposition before Ihem, the great objects to which they so solicitously endeavored to draw ihe attention of the Slates, was this, viz. that "the United S'ates. in Congress assembled, should havo Hie solo and exclu sive right of regulating tho trade of tho Stales, as well with foreign nations as with each other." This, they say, is urged upon the Stales by every consideration of local ns well as ol federal policy ; and they beseech them to agree to it. 1 filmy wish to promote the strength of the Union, and to connect il by the strongest ties of niiem-i and aff.'oliou. Tins was in July, 1735 In the -ame spirit, ond for the same end, was that most important resolution which was adopted in iho House of Delegates of Virginia, 00 the i!lsl day of the following January. Sir, 1 read the reso'ntion entire. "Resolved, That tvhimml llanJulpli, 11ml olliers, ba appointed e.iimini'-i mors, wlin, in- any five of Mlinr.i, .-li ill iiii'cl Midi e.iiiiiiii.s-iiinei.s ih nnv nc ppniiiied hy 1I10 oilier .Sl.ues ill die Union, al a limn anil place lo lie " evil "11, Id take UU" con- sider.uii.ii tin: li'.iileol' llie United .States; ui ex amine the relative -hit uinii and tiade nf dm i,iid .S'aie., ; in ron-mlcr hmv far a ttiiil'ii-iii syMrin in llieirriiiniiieici.il ii'gul.ili'ins maybe nc -ivfarv 10 their c. minion inicio-I and iheir perm uieiil b ii'mo I in ii'poii 10 ili M:eial .Stales micIi an act irlative. in ibis :;ieal ol.j.M-l. as, when ua iiihnmijly laidled hv lli.Mi, uill cn-thlc llie. United Stales, iii ("cjiii ess ii.MMtihleil, cfl'i'Clu illy in prtnidefnr liio .same: that the mikI (oiiiiuis.-ioner.s shall immedi ately nan-mil in ih few-nil .Stairs copies nf the pi ceepitmit 1 epilation, "iilin eitcular Idler te (incrliii llieir coiiciuieiico ibereiii, anil pinposing u niiiu and place for thi! meeting aforesaid." Here, sir, lot ns pause. Let us linger nt the waters of this original fountain. Let us contemplate Ilns, the first step in that serins of proceedings, so full of great ovontrt to us and to the worl I. Notwithstanding Hie embarrassment and distress of Iho country, tho recommendation of tho old Congress had not been complied with. Hvery attempt to bring the S ate Legisla tures tnlo any harmony of action, or nny pursuit, of n common object, hud sirnally and disastrously failed. The exigency of Iho case called lor a now m .vement; for a moro direct and powerful attempt to bring tliu good sense anil pa'riottsm of the coun try into action upon Iho crisis, A solemn assembly was therefore proposed a gener al convention of do legates from all tho Stales. And now, sir, what was the exi gency? What was Ibis crisis? Look at Hie resolution ilself; I hero is not an idea in it bin trade. Commerce! commerce! is 1 he beginning and end of it. The subject to be considered and examined was "ihu rein., live situation of the trade of the States;" and ihe object to be obtained was the "es-tabli-hinent of a uniform system in their commercial regulations, ns necessary to the couun in interest nnd their permanent liars inonv " Tins is all. And, sir, by the adopi inn of this ever-memorable resolution, the II uio of Delegates of Virginia, on tho OUt day of January, 17!iG, performed tho first act in the Irani nf ui.'u-uics which ro sulied in thnt Constitution, under tine au thority of winch you now sit 111 that chair, and I have now the honor of addressing the. members of this body. Mr. Piesidont I nm n Northern man. I am attached to one of tho S'ates of tho North, by the ties of birth and parentage, education, and the a sociations of early iife; and hv sincere gratitude for proofs of public confidence early bestowed. I am bound 10 another Northern S'ato by adop tion, hy long residence, by all the cords nf social and domestic life, mid by an attach ment nnd regard, springing from her inani lestiiiion of annrobalinn and tavor, which grapple me to In r with honks of etoel. And wo omit to do, are, in my judgment, likelj yet, sir with tho sumo sincerity ot respect, to make n fearful, perhaps a fatal, inroad upon the unity nf commerce between these Slates, as well as to embarrass and harass iho employments of Iho People, uud to pro long existing evils. Sir. whatever wo may think of il now, Ihu Constitution had its immediate origin 111 Ihu conviction of the necessity for this uniformity or identity, in commercial reg-illations, Tho whole history of tho country, of overy year ami every month, Irnin Ihe cio.-o of tho wnr of Iho Revolution to 17119, proves tlii j. Over whatever oilier iutcrc.ta the prune deon crraiiiudo. the samo rever ence, and hearty good-will, with which I would pay a similar tribute to cither of these Stales, do I hero acknowledge tho Comniniiweallb of Virginia lo bo entitled to tho honor of commencing tho work of establishing this Constitution. The honor in hers; k" her enjoy it: lot her forever wear it proudly ; thero is not n brighter j nvel in tho tinra that adurns her brow. Let this reoliilmn stand, illustrating her rucorik and blazoning her namu through nil time I l'hc meeting, sir, proposed by the rcsolu