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H. of R.

Alabama Territory.

FEBRUARY, 1819.

On the whole, Mr. Chairman, said Mr. McL.,

ALABAMA BILL, it seems to me that we have no right to impose For enabling the people of that Territory to ibis restriction; and that, if we had, it would be form a constitution and State government, and useless, impracticable, and unavailing. At the for the admission of the same into the Union on same time, I do not mean to abandon the policy an equal footing with the original States. to which I alluded in the commencement of my Much time was busily employed by the Com. remarks. I think it but sair that both sections of mittee in receiving and disposing of various the Union should be accommodated on this sub- amendments proposed to the details of this bill, ject, with regard to which so much feeling has and in considering and deciding on its provisions. been manifested. The same great motives of Messrs. CROWELL, POINDEXTER, COBB, and others policy which reconciled and harmonized the jar. entered into the discussion. The Committee ring and discordant elements of our system, ori negatived one or two motions to rise, and perseginally, and which enabled the framers of our vered through the bill; when the Committee happy Constitution to compromise the different rose, and reported both bills to the House, with interests which then prevailed upon this and the amendments made thereto; and at pear five other subjects, if properly cherished by us, will o'clock the House adjourned. enable us to achieve similar objects. If we meet upon principles of reciprocity, we cannot fail 10 do justice to all. It has already been avowed by

TAURSDAY, February 18. gentlemen on this floor, from the South and the A new member, to wit: ROBERT RAYMOND West, that they will agree upon a line which Reed, from Georgia, elected to supply the vacanshall divide the slaveholding from the non-slave-cy occasioned by the resignation of John Forholding States. It is this proposition I am anx- syth, appeared, produced his credentials, was ious to effect; but I wish to effect it by some qualified, and took his seat. compact which shall be binding upon all parties, Mr. BLOOMFIELD, from the Committee on Rev. and all subsequent Legislatures; which cannot olutionary Pensions, reported a bill, supplementbe changed, and will not fluctuate with the diver- ary to "An act to provide for certain persons en. sity of feeling and of sentiment to which this gaged in the land and naval service of the United Empire in its march must be destined. There is Slates in the Revolutionary war;" which was a vast and immense tract of country west of the read iwice, and committed to a 'Committee of Mississippi yet to be settled, and intimately con- the Whole to morrow. nected with the northern section of the Union, Mr. PLEASANTS, from the Committee on Naval upon which this compromise can be effected! Affairs, 10 which was referred the bill from the Believing as I do that ihe Constitution and the Senate, entitled "An act for the relief of John B. compact before mentioned will not permit us to Timberlake," reported the same without amendextend our policy over the whole, I will be very ment, and it was ordered to be read a third time willing to take as great a part as I can obtain: to-morrow. and in so doing—though I may lament that the Mr. Reed, of Maryland, moved the House to humane policy of those who are so anxious to take into consideration the resolution submitted effect this end cannot be more widely diffused by him on the 23d ultimo, for the erection of a I sball at least enjoy the consciousness of having monument to the memory of the late Major Genconformed to the Constitution of the country, eral the Baron de Kalb; which motion was and executed the national compacts in good faith. negatived.

The motion was advocated by Messrs. Tall- Mr. Holmes submitted the following resoMADGE, LIVERMORE, SPENCER, and Cushman; lution : and was opposed by Messrs. Clay, ROBERTSON, Resolved, That a committee be appointed to inquire Tyler, Hogs Nelson, STORRS, JOHNSON, of into the expediency of providing for the first meeting Virginia, BARBOUR, of Virginia,' and Kinsey. of the next Congress, ai an earlier period than the first Several of the gentlemen spoke more than once, Monday of December, and that the committee bave and the debate was maintained, with much ani- leave to report by bill. mation, until near 4 o'clock.

The resolution was read, and the question beThe question was finally taken on the first part ing taken to agree thereto, it was determined in of the motion (it having been divided) in the the negative. following words:

On motion of Mr. Storrs, the Committee of “ That the further introduction of slavery or invol-Claims were directed to inquire into the pro. untary servitude be prohibited, except for the punish- priety of so amending the act for the relief of ment of crimes, of which the party shall have been Major Loring Austin and George R. Wells, as convicted."

that the Secretary of War shall setile the claim And it was decided in the negative: For the of the said Austin, for eight hundred and twentymotion 68; against it 80.

seven dollars and ninety-five cents, instead of the The remaining part of the proposition, to de- sum of six hundred and seven dollars and twentyclare all the children free after twenty-five years six cents, for his expenses incurred in the defence of age, who shall be hereaster born in the Terri- of the suits therein named; and that the amount tory, was negatived without a division.

to be settled as the like claim for expenses by said The Committee then proceeded with the bill, Wells, be reduced from the sum of six hundred and having gone through it, next took up the aud eighty-seven dollars and four cents to the

FEBRUARY, 1819.

Arkansas Territory.

H. OF R.

sum of one hundred and seventy-seven dollars wood, Southard, Spencer, Tallmadge, Tarr, Taylor, and thirty cents.

Terry, Tompkins, Townsend, Wallace, Wendover, The bill from the Sepate, entitled "An act to Whiteside, Williams of Connecticut, Williams of New regulate the pay of the army when employed on York, and Wilson of Pennsylvania. fatigue duty, was read twice, and ordered to be

Nárs-Messrs. Anderson of Kentucky, Austin, Ball, read a third time lo morrow.

Barbour of Virginia, Bassett, Bayley, Beecher, BloomBills from the Senate of the following titles, field, Blount, Bryan, Burwell, Butler of Louisiana, to wil: Ao act for the relief of Rees Hill; An Cobb, Cook, Crawford, Culbreth, Desha, Earl, Edact for the relief of Pierre Dennis de la Ronde; Hogs, Holmes, Johnson of Virginia, Johnson of Ken

wards, Garnett, Hall of North Carolina, Harrison, An act for the relief of Gabriel Godfroy; An act tucky, Jones, Kinsey, Lewis, Little, Lowndes, Mofor the relief of Nathan Ford; An act for the re. Lane of Delaware, McLean of Illinois, McCoy, Marr, lief of David Henly; An act for the relief of the Mason of Massachusetts, H. Nelson, T. M. Nelson, heirs and legal representatives of Nicholas Vrees New, Newton, Ogden, Owen, Parrott, Pegram, Peter, land, deceased; An act authorizing the purchase Pindall, Pleasants, Porter, Quarles, Reed of Georgia, of live oak timber for naval purposes; and, An act Rhea, Robertson, Sawyer, Settle, Shaw, Simpkins, to authorize William Proui to institute a bill in Blocumb, 8. Smith, Alex. Smyth, J. S. Smith, Speed, equity, before the circuit court for the District of Stewart of North Carolina, Storrs, Stuart of Maryland, Columbia, against the Commissioner of the Pub. Terrell, Trimble, Tucker of Virginia, Tucker of South lic Buildings, and to direct a defence therein ; Carolina, Tyler, Walker of North Carolina, and Wilwere severally read the first and second time, and liams of North Carolina. referred, the first second, third, fourth, and fifth, So that part of Mr. Taylor's motion was deto the Committee of Claims; the sixth, to the Com-cided in the negative. mittee on Pensions and Revolutionary Claims; The question was then taken on the remainthe seventh, to the Committee on Naval Affairs, ing clause of said proposed amendment, in the and the eighth, to the Committee on the Judi-following words: ciary.

“ And all children born of slaves within the said The bill from the Senate, entitled "An act con- Territory, shall be free, but may be held to service firming the claim of Alexander Macomb, to a until the age of twenty-five years.” tract of land in the Territory of Michigan,” was And decided in the affirmative-yeas 75, pays read the third time, and passed.

73, as follows: ARKANSAS TERRITORY.

YEAR-Messrs. Adams, Anderson of Pennsylvania, The House then proceeded to the considera- Barber of Ohio, Bateman, Bennett, Boden, Boss, tion of the report of the committee on the bill to Comstock, Crafts, Cushman, Darlington, Drake, Elliestablish a separate Territorial government in the cott, Folger, Fuller, Gilbert, Hall of Delaware, Hassouthern part of the present Missouri Territory. tetter, Hubbard, Hunter, Huntington, Irving of New

brouck, Hendricks, Herrick, Heister, Hitchcock, HosMr. Taylor moved to amend the same by in York, Kirtland, Lawyer, Lincoln, Linn, Livermore, serting the following proviso in the bill:

W. Maclay, W. P. Maclay, Marchand, Merrill, Mills, “That the farther introduction of slavery, or in. Robert Moore, Samuel Moore, Morton, Moseley, Muro voluntary servitude, be probibited, except for the pun- ray, J. Nelson, Ogle, Orr, Palmer, Patterson, Pawling, ishment of crimes, whereof the party shall have been Rice, Rich, Richards, Rogers, Ruggles, Sampson, Savfully convicted.

age, Schuyler, Scudder, Seybert, Sherwood, South“And that all children born within the said State, ard, Spencer, Tallmadge, Tarr, Taylor, Terry, Tompafter the admission thereof into the Union, shall be kins, Townsend, Wallace, Wendover, Westerlo, free at the age of twenty-five years.”

Whiteside, Williams of Connecticut, Williams of The question on this motion being divided, North Carolina, Williams of New York, and Wilson was first taken on agreeing to the first clause

of Pennsylvania. thereof, in the following words:

Nars-Messrs. Abbot, Anderson of Kentucky, Aus

tin, Ball, Barbour of Virginia, Bassett, Bayley, Beecher, “ That the further introduction of slavery, or in- Bloomfield, Blount, Bryan, Burwell, Butler of Louisvoluntary servitude, be probibited, except for the pun- iana, Cobb, Cook, Crawford, Cruger, Culbreth, Desha, ishment of crimes, whereof the party shall have been Earl, Edwards, Garnett, Hall of North Carolina, Har. fully convicted."

rison, Hogg, Holmes, Johnson of Virginia, Johnson of And decided in the negative-yeas 70, Days Kentucky, Jones, Kinsey, Lewis, Little, Lowndes, Mc71, as follows:

Lane of Delaware, McLean of Illinois, McCoy, Marr, YEAS-Messrs. Adams, Allen of Massachusetts, Mason of Massachusetts, Middleton, H. Nelson, T.M. Anderson of Pennsylvania, Barber of Ohio, Bateman, Nelson, Nesbitt, New, Ogden, Owen, Parrott, PoBennett, Boden, Boss, Comstock, Crafts, Cushman, gram, Peter, Pindall, Pleasants, Quarles, Roed of Darlington, Drake, Folger, Fuller, Hall of Delaware, Maryland, Reed of Georgia, Rhea, Robertson, Sawyer, Hasbrouck, Hendricks, Herrick, Heister, Hitchcock, Settle, Shaw, Simkins, Slocumb, 8. Smith, Alexander Hostetter, Hubbard, Hunter, Huntington, Irving of Smyth, J. S. Smith, Speed, Stewart of North Carolina, New York, Lawyer, Lincoln, Linn, Livermore, w. Storrs, Stuart of Maryland, Terrell, Trimble, Tucker Maclay, W. P. Maclay, Marchand, Mason of Rhode of Virginia, Tucker of South Carolina, Tyler, and Island, Merrill, Robert Moore, Samuel Moore, Morton,

Walker of North Carolina. Moseley, Murray, Jeremiah Nelson, Ogle, Orr, Pal- So that part of Mr. TAYLOR's motion was mer, Patterson, Pawling, Rice, Rich, Richards, Rogers, agreed to. Ruggles, Sampson, Savage, Scudder, Seybert, Sher. Mr. WILLIAM8, of North Carolina, then moved 79,

as

H. OF R.
Bank of the United States.

FEBRUARY, 1819. to reconsider the vote just taken. He had voted | bill from the Senate, to authorize a State gov. with the majority, for the purpose of obtainiog ernment in the Territory of Alabama, and for its for himself the privilege of moving a reconsid- admission into the Union. eration, wishing for a full expression of the opin- The amendments were concurred in by the ion of the House on this important question, House, and, after an ineffectual attempt by Mr. which could not now be obtained, as many mem- Crowell further to amend one of the sections, bers were out of the House.

were ordered to be engrossed, and, with the bill The question was taken on reconsidering the read a third time. vote, and decided in the negative-yeas 77, pays BANK OF THE UNITED STATES. follows:

The House then resolved itself into a CommitYeas-Messrs. Abbott, Anderson of Kentucky, tee of the Whole, (Mr. H. Nelson in the chair,) Austin, Ball

, Barbour of Virginia, Bassett, Bayley, on the state of the Union, to whom had been reBeecher, Bloomfield, Blount, Bryan, Burwell, Butler ferred the report of the committee appointed to of Louisiana, Cobb, Colston, Cook, Crawford, Cruger, Culbreth, Desha, Earle, Edwards, Garnett, Hall of investigate the affairs of the bank, the conditional North Carolina, Harrison, Hogg, Holmes, Johnson of restrictions subsequently submitted by Mr. SPENKentucky, Jones, Kinsey, Lewis, Litlle, Lowndes, cer, the resolution absolutely lo repeal the charMcLane of Delaware, McLean of Illinois, McCoy, ter, submitted by Mr. Johnson, of Virginia, and Marr, Mason of Massachusetts, Middleton, H. Nelson, that offered by Mr. TRIMBLE, to issue a scire T. M. Nelson, Nesbitt, New, Newton, Ogden, Owen, facias. Parrott, Pegram, Peter, Pindall, Pleasants, Quarles, The particular subject first in order was the Reed of Maryland, Reed of Georgia, Rhea, Ringgold, bill reported by the bank committee to enforce Robertson, Sawyer, Settle, Shaw, Simkins, Slocumb, the provisions of the act incorporating the bank, S. Smith, Alexander Smyth, J. 8. Smith, Speed, Stew. and it was accordingly announced by the Chairart of North Carolina, Storrs, Stuart of Maryland, man. Terrell, Trimble, Tucker of Virginia, Tucker of South Mr. Johnson, of Virginia, observed that, as Carolina, Tyler, Walker of North Carolina, Walker of there were two other propositions before the ComKentucky, and Williams of North Carolina.

mittee, the adoption of either of which would Nars_Messrs. Adams, Allen of Massachusetts, An- supersede the necessity of acting on the bill, be derson of Pennsylvania, Barber of Ohio, Bateman, thought it would be the preferable course first to Bennett, Boden, Boss, Comstock, Crafts, Cushman, take up for consideration one of those proposiDarlington, Drake, Folger, Fuller, Gilbert, Hale, Hall tions; and he moved that the Committee proof Delaware, Hasbrouck, Hendricks, Herrick, Heister, ceed to consider the resolution moved on the Hitchcock, Hostetter, Hubbard, Hunter, Huntington, 9th instant by himself, in the following words : Irving of New York, Johnson of Virginia, Kirtland, Lawyer, Lincoln, Linn, Livermore, W. Maclay, W.P be instructed to report a bill

to repeal the act, entitled

Resolved, That the Committee on the Judiciary, Maclay, Marchand, Mason of Rhode Island, Merrill, "An act to incorporate the subscribers to the Bank of Mills, Robert Moore, Samuel Moore, Morton, Moseley, the United States, passed April 10, 1816." Murray, Jeremiah Nelson, Ogle, Orr, Palmer, Patterson, Pawling, Rice, Rich, Richards, Rogers, Ruggles,

The Committee agreed to take up this resoluSampson, Savage, Schuyler, Scudder, Seybert, Sher-tion, which was read. wood, Silsbee, Southard, Spencer, Tallmadge, Tarr, Mr. SPENCER rose, and stated that he owed it Taylor, Terry, Tompkins, Townsend, Upham, Wal to the civility of Mr. Johnson, that, in violating lace, Wendover, Westerlo, Whiteside, Williams of the usual custom on such occasions, which alConnecticut, Williams, of New York, and Wilson of lowed the mover of a proposition to commence Pennsylvania.

its discussion, he was sanctioned by the assent The question being then stated on ordering the of Mr. Johnson. Mr. S. begged leave to remind bill to be engrossed for a third reading

the Committee that there were three distinct Mr. Bassett, deeming every effort called for propositions before it: the first was the resolution on the part of the minority on this subject, to of the gentleman from Virginia, (Mr. JOHNSON,) sustain their Constitutional rights, which he con the second was that he had the honor of submitsidered to be assailed in the amendment just ting some days since, directing the issuing a scire adopted, moved that the bill be recommitted io a facias, if the bank did not, on a certain day, exselect committee.

press its assent to a modification of its charter ; Some conversation took place between Messrs. and the third was the resolution of his friend PINDALL, Couston, EDWARDS, Scott, LOWNDES, from Kentucky, (Mr. TRIMBLE,) directing a scire and Mills, as to the course now most expedient facias absolutely and unconditionally. Mr. S. to give the bill; in the course of which,

observed that he should prefer a modification of Mr. Lowndes moved that the bill be laid on the charter, even if it should, by some, be esthe table, stating at the same time that, to pre- teemed a new compact, to the total destruction vent its beiog called up, and decided by surprise, of the bank, with the views and apprehensions he should, at 12 o'clock to-morrow, move for a he entertained at present of the consequences of call of the House, and take up the bill for a de- such a measure. If the Committee should reach cision. This motion prevailed, and

the resolution he had submitted, it was his inten. The bill was laid on the table.

tion to modify it, in some respects, particularly The House next took up the amendments re- to omit the third proposition, which proposed ported by the Committee of the Whole to the giving the President the power of removiog any

FEBRUARY, 1819.
Bank of the United States.

H. OF R. director, and he should in other respects amend United States were represented as more prosperhis propositions, as time and reflection bad ena- ous and happy than at any former period of their bled him, he thougbt, to improve them. And, if existence; as infinitely more prosperous and hapthe Committee should reach the bill reported by py, than any other people on the face of the globe. the select committee, Mr. S. observed, he should, What, now, is our condition? Surrounded by with the approbation of the gentlemen compos: one universal gloom. We are met by the tears ing that committee, submit an amendment which of the widow and the orphan. Pictures of highly would require the stockholders, constituting an wrought suffering, of misery, and of distress, are attorney to vote for them, to swear to their own crowded upon us. Our sympathies are assailed. ership of the stock. Mr. S. thought it proper to We are pointed to the Bank of the United States, apprize the Committee of these intentions, that and gravely told, that destroy but this corporathe subject might be fairly considered. For the tion, and you dissolve the charm which secures reason before stated, Mr. S. said, he should at to the people of this nation prosperity and happresent yote against the resolution for the repeal pioess. And is it possible, said Mr. J., that the of the charter, and against that directing the is- ten millions of people in this country depend for suing of a scire facias; but, if he should not suc- their prosperity, their happiness, and their repose, ceed in at least the plan of the propositions he on the conduct of the directors of this bank ? had submitted, although he should not be tena- This corporation, which by its very first act put sious of each particular one, he should feel it his our authority at defiance, by the first step which duty to vote for a scire facias unconditionally. it took, violated the charter which created it.

Mr. S. proceeded to make explanations of some Şir, I should consider this country in the most expressions in the report. The remark, that " the deplorable, the most melancholy condition, if the principal business of the bank certainly has been proposition be true, that by the act to incorporate to discount on notes secured by a pledge of stock,"ibe subscribers to this bank, which gives them was liable to misconstruction. The expression exclusive privileges for twenty years, we enable used does not convey the meaning of the commit- them to direct the destinies of this nation, and tee; it was either an inadvertence in the draught, make it happy or miserable as they shall choose. or an error in copying; he believed the expres- And what, he asked, had been the course of consion originally was, “a principal part of the busi- duct pursued by a majority of the directors ? ness,” &c., and it was intended to confine the Had they pursued that course which the public remark to the business of the bank at Philadel-interests pointed out, or had they been engaged phia, which was sometimes loosely desigoated in practising fraud and corruption; in the pros. as the bank. With respect to the bank and all traiion of all those principles which he considered its offices, it would appear tbat about one-fourth as most interesting and most valuable to this had uniformly been discounted on pledged stock; country? I will not presume, said Mr. J., that while at Philadelphia the discounts on stock had any member of this House has taken less pains frequently very nearly equalled those on personal than I have done, in the examination of the facts security. With regard to the expression, in the disclosed by the report of the select committee close of the report, that, “whatever differences of appointed io investigate the conduct of the diopinion can exist among them (the committee) rectors of the Bank of the United States. Has as to the result and inferences to be drawn from any gentleman,

he continued, read the affidavits the facts stated, they unanimously concur in of Deppis A. Smith and James W. McCulloh, giving to the preceding statements of facts, and who entertaios a doubt as to the facts established abstracts of documents their sanction." Mr. S. by their testimony? What does their evidence observed that he thought the expression suffi- establish? Not that the public interest, or that cieptly precise, but he understood it was liable to the public good has been the object of a majority a misconstruction. When inferences were min of the directors of this institution, but that the gled with facts, the unanimous sanction did not interest of a few large favored stockholders has extend to these inferences; but that, in all cases been the constant and steady object of their purwherever a fact was definitely stated, the commit- suit. What were the means used to obtaio the lee meant to sanction it. Mr. S. remarked, that complete control of this bank? The charter was the report had been prepared at a time of severe violated ; shares were split up and taken in the indisposition, and when the committee had been names of individuals not interested in them, to fatigued and almost exhausted with labor, and enable the persons really owning them to give as be should not be surprised if many erroneous ex- proxies a much larger number of votes than, acpressions were found in it.

cording to the fundamental rules of the charter, Mr. Joenson, of Virginia, rose in support of his they were authorized to give, on the choice of motion. The circumstances, said he, by which directors, in order to obtain an undue preponderwe are now surrounded, are different, very dif- ance at the board. This was known to the judges ferent, indeed, from those by wbich' we were of the election. What was the next course cheered at the commencement of the present ses adopted to secure completely the interest of this sion of Congress. All then was peace, tranquil- favored class? I know not, said Mr. J., how to lity, harmony, and prosperity. The President of speak of it, or of individuals who are not present the United States gave to this House, and to the to respond to me. lo wbat terms shall I describe gation, a picture of our pational felicity, truly the conduct of the president of the bank? There interesting and lattering. The people of the I was a transfer to him of $15,000, not in stock;

H. or R.
Bank of the United States.

FEBRUARY, 1819. both witnesses concur in stating that the stock borrowed, it seems part of the Executive author. was not transferred to him; that he paid nothing iiy. The King, by his letters patent, creates corfor it; that it was a transfer of money, of protit porations. Shall we, then, decide this question made on stock purchased and held by a few in: by the Roman or by the common law? I ask, terested individuals, large stockholders

, who sold said Mr. J., if either of these codes be in force in 1,000 shares of the stock held by them for a profit the United States? If he were not deceived by of $15,000, and paid to Mr. Jones, in money, the bis memory, the Supreme Court bad solemnly amount of this speculation. Shall we call ihis a decided that the common law of England was douceur, a present, or shall we give it a harsher not in force in the United States. He understood name? These moneyed speculators, said Mr. J., the Supreme Court as having settled that queswho have an eagle eye to their interest, and pur- tion; but, if not settled, Mr. J. said he should still sue it with an appetite as keen as death, are not contend, and felt himself prepared to prove, that in the habit of making presents to ibis amount the common law of England was not the law of witbout some adequate and interested view. the United States. The first settlers of this Having pursued the course necessary to secure to country, Mr. J. said, fled from the civil and relithem a convenient weight and influence in the gious persecutions of England, of Europe; they direction, it became necessary to approach the soughi here that independence and happiness president, to touch his pulse, io soften his heart, which had been denied them in the countries and fix him securely in their interest. la whai which gave them birth. In this new world, on light shall these honorable stockholders be view this expanded continent, they found themselves ed? Shall I be permitted to apply to them the as free from the shackles and despotic systems of doctrine held on a late interesting and important Europe, as the winds and the waves which wafted subject-that the instigator to bad actions is them hither. They were capable of adopting any worse tban the actor; that he who places in the system of laws which they thought proper to se hands of the assassin the dagger, to be plunged lect. With regret, he had beard it said in this into the bosom of innocence, is worse than the House, that our ancestors brought with them the murderer? And what has been the consequence principles of the common law; that it was their of all this art, this management? A few indi birthright aod inheritance-a sort of heir-loom. viduals have been enriched at the expense of the This he denied, and contended that they came innocent and the honest. This shaving institu- here free from all municipal laws but such as tion-bas it really, said Mr. J., any claim on the they chose to adopt. True, many principles of justice or the liberality of this House, or of this the common law were adopted by ihe first setnation ? No; justice hides her face; she wishes tlers, from choice, because they were best known not to look at the black catalogue of iniquities to them. This was natural. But what was the which this institution presents ; humanity would course adopted after the Revolution, which suregladly drop the tear of oblivion on the sickening ly dissolved all the charms of this boasted system scene. Mr. J. said he could not speak of this of British jurisprudence, and left the people of subject in the way it deserved, but would proceed the United States, as a nation, free to choose such as well as he was able.

system of law as they pleased ? Look at all the Has this corporation, said Mr. J., by all the acts legislation of the States after the Revolution, and of which it has been guilly, by be division of after their respective constitutions went into opervotes, by the evasion of the second specie instal- alion ; tbey adopted for their own municipal reg. ment, by the judges of the first and second eleculations such portions of the common law as tions allowing many persons to give more than were applicable to their situation, not contrary to thirty votes each, under the pretence of their their bills of rights and constitutions, and not lobeing attorneys for others, in whose names shares cal to the kingdom of Great Britain. Many then stood -- when those judges, the directors, and years after the State governments had been in officers of the bank perfectly well knew that the successful operation, when the principles of libshares really belonged to the persons offering to enly and free government were well known and vote upon them as attorneys--forfeited its char-clearly and distinctly understood by the people ter? If ibe charter was forfeited, what, he asked, of this country, the present Constitution of the was the remedy which it was proper to apply 1 United States was adopted. The people of the What the course proper for this House to pur- United States, by this instrument, which is an sue? Here a difficully presented itself. The original, social, written compact, freely and volCongress of the United Siales, as he contended, untarily entered into by the contracting parties, without authority, and contrary to the Constituin which all the powers of the Government are tion, had created this corporation, which could expressly enumerated and clearly defined, which not be tested by the application of the principle bad for its object the union and harmony of the of any known system of laws in the world. Shall States, their security against domestic disquiet we, said Mr. J., refer this charter to the standard and foreign aggression and danger, to regulate the of the civil or the common law? The Roman intercourse of the States with each other, and law is represented to be the source of incorpora- with foreign nations, adopted for national and tion-according to which law, a voluntary asso general objects, and out with a view to local and ciation of individuals, at any time, or for any municipal regulations. Have the United States purpose, was capable of producing it. ln Eog- or tbe legislative power of the United States, Mr. land, whence our notions of it are immediately J. asked, by any act, declared the principles of

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