The act of October, 1803, contains two sections, by one of which the

President is authorized to occupy the territories ceded to us by France

in the April preceding. The other empowers the President to establish

a provisional government there. The first section is unlimited in

its duration; the other is restricted to the expiration of the then

session of Congress. The act, therefore, of March, 1804, declaring

that the previous act of October should continue in force until the

first of October, 1804, is applicable to the second and not the first

section, and was intended to continue the provisional government of

the President. By the act of the 24th of February, 1804, for laying

duties on goods imported into the ceded territories, the President is

empowered, _whenever he deems it expedient_, to erect the bay and river

Mobile, &c., into a separate district, and to establish therein a port

of entry and delivery. By this same act the Orleans Territory is laid

off, and its boundaries are so defined as to comprehend West Florida.

By other acts the President is authorized to remove by force, under

certain circumstances, persons settling or taking possession of lands

ceded to the United States.

These laws furnish a legislative construction of the treaty,

correspondent with that given by the Executive, and they vest in this

branch of the Government indisputably a power to take possession

of the country, whenever it might be proper in his discretion. The

President has not, therefore, violated the constitution, and usurped

the war-making power, but he would have violated that provision

which requires him to see that the laws are faithfully executed,

if he had longer forborne to act. It is urged that he has assumed

powers belonging to Congress in undertaking to annex the portion of

West Florida between the Mississippi and the Perdido to the Orleans

Territory. But Congress, as has been shown, has already made this

annexation the limits of the Orleans Territory, as prescribed by

Congress, comprehending the country in question. The President, by his

proclamation, has not made law, but has merely declared to the people

of West Florida what the law is. This is the office of a proclamation,

and it was highly proper that the people of that Territory should be

thus notified. By the act of occupying the country, the Government

_de facto_, whether of Spain, or the revolutionists, ceased to exist;

and the laws of the Orleans Territory, applicable to the country, by

operation and force of law, attached to it. But this was a state of

things which the people might not know, and every dictate of justice

and humanity required, therefore, should be proclaimed. I consider the

bill before us merely in the light of a declaratory law.

Never could a more propitious moment present itself for the exercise

of the discretionary power placed in the President of the United

States, and, had he failed to embrace it, he would have been criminally

inattentive to the dearest interests of this country. It cannot be

too often repeated, that if Cuba on the one hand, and Florida on

the other, are in the possession of a foreign maritime power, the

immense country belonging to the United States, watered by streams

discharging themselves into the Gulf of Mexico--that is, one-third, nay

more than two-thirds of the United States, comprehending Louisiana,

is placed at the mercy of that power. The possession of Florida is

a guarantee absolutely necessary to the enjoyment of the navigation

of those streams. The gentleman from Delaware anticipates the most

direful consequences from the occupation of the country. He supposes

a sally from a Spanish garrison upon the American forces, and asks

what is to be done? We attempt a peaceful possession of the country,

to which we are fairly entitled. If the wrongful occupants under the

authority of Spain assail our troops, I trust they will retrieve the

lost honor of the nation in the case of the Chesapeake. Suppose an

attack upon any portion of the American army within the acknowledged

limits of the United States by a Spanish force? In such event there

would exist but a single honorable and manly course. The gentleman

conceives it ungenerous that we should at this moment, when Spain is

encompassed and pressed on all sides by the immense power of her enemy,

occupy West Florida. Shall we sit by, passive spectators, and witness

the interesting transactions in that country--transactions which

tend to jeopardize, in the most imminent degree, our rights, without

interference? Are you prepared to see a foreign power seize what

belongs to us? I have heard in the most credible manner that, about

the period when the President took his measures in relation to that

country, the agents of a foreign power were intriguing with the people

there to induce them to come under his dominion.

Whether this be the fact or not, it cannot be doubted, that if you

neglect the present auspicious moment--if you reject the proffered

boon, some other nation, profiting by your errors, will seize the

occasion to get a fatal footing in your southern frontier. I have no

hesitation in saying, that if a parent country will not or cannot

maintain its authority in a colony adjacent to us, and there exists in

it a state of misrule and disorder, menacing our peace, and if moreover

such colony, by passing into the hands of any other power, would become

dangerous to the integrity of the Union, and manifestly tend to the

subversion of our laws; we have a right, upon eternal principles of

self-preservation, to lay hold of it. This principle alone, independent

of any title, would warrant our occupation of West Florida. But it

is not necessary to resort to it, our title being in my judgment

incontestably good.

MONDAY, December 31.

JOHN TAYLOR, appointed a Senator by the Legislature of the State of

South Carolina, in place of Thomas Sumter, resigned, produced his

credentials which were read; and the oath prescribed by law having been

administered to him, he took his seat in the Senate.

WEDNESDAY, January 2, 1811.

ANDREW GREGG, from the State of Pennsylvania, took his seat in the

Senate.

MONDAY, January 7.

JAMES A. BAYARD, from the State of Delaware, took his seat in the

Senate.

TUESDAY, January 8.

THOMAS WORTHINGTON, appointed a Senator by the Legislature of the State

of Ohio, in place of RETURN JONATHAN MEIGS, resigned, produced his

credentials, which were read; and the oath prescribed by law having

been administered to him, he took his seat in the Senate.

MONDAY, January 14.

JAMES TURNER, from the State of North Carolina, took his seat in the

Senate.

TUESDAY, January 29.

_Mississippi Territory._

Mr. ANDERSON presented the memorial of the Legislative Council and

House of Representatives of the Mississippi Territory, praying that

the said Territory may be admitted as a State into the Union, upon

the footing of the original States, and the memorial was read, and

referred to a select committee to consider and report thereon by bill

or otherwise; and Messrs. ANDERSON, BAYARD, and DANA, were appointed

the committee.

The memorial is as follows:

_To the honorable the Senate and House of Representatives

of the United States in Congress assembled_: The memorial

unanimously adopted, of the Legislative Council and House of

Representatives of Mississippi Territory, in General Assembly

convened, respectfully states, That by the articles of

agreement and cession between the United States and the State

of Georgia, an act for the amicable settlement of limits with

the State of Georgia, &c., and an act supplemental thereto,

the Government of the Mississippi Territory was organized and

established, and "all and singular the rights, privileges,

and advantages, granted to the people of the United States,

northwest of the river Ohio, by an ordinance of the 13th day

of July, one thousand seven hundred and eighty-seven, were

extended to the people of the Mississippi Territory:" And by

the said articles of agreement and cession, it is provided

"That the Territory thus ceded shall form a State, and be

admitted as such into the Union as soon as it shall contain

sixty thousand free inhabitants, or at an earlier period, if

Congress shall think it expedient."

Your memorialists state, that although they do not pretend to

have the number required by the said articles of agreement

and cession, and the ordinance to entitle our Territory as a

matter of right into the Union, upon the footing of one of the

original States; yet, we hope that our numbers (as will appear

by the census now taken under a law of the United States) are

sufficiently respectable to induce your honorable body to

admit the Mississippi Territory into the Union, as a matter of

expediency.

Your memorialists conceive it unnecessary to detail the many

reasons which might be adduced in support of their petition,

but think it sufficient to say, that, as the people of this

Territory are able to bear the expenses of a State Government

with convenience to themselves, and at the same time will

relieve the Government of the United States from the cares

and expenses incident to the Territorial form of government;

and that whatever views the form of government (under which

they have, perhaps, not very patiently lived) for about

twelve years, was formed, it is found from experience, to

be unfriendly to republicanism; and is such a one as every

American in heart is solicitous to be relieved from. We,

therefore, pray your honorable body to pass a law authorizing

a convention to be called, for the purpose of forming a

constitution and State Government in the Mississippi Territory,

to be admitted into the Union upon the footing of the original

States.

Your memorialists, from a knowledge of your indulgence to the

people of the Territories northwest of the river Ohio, when

in a situation similar to their own, are sanguine in their

expectations, that your honorable body will grant to them the

prayer of their petition.

And they will ever pray, &c.

F. L. CLAIBORNE,

_Speaker of the House._

ALEX. MONTGOMERY,

_President of Legislative Council._

Attest: WM. C. WINSTON,

_Clerk House of Reps. M. T._

WEDNESDAY, January 30.

_Territory of Orleans._

The Senate took into consideration the amendment proposed yesterday,

by Mr. DANA, to the bill, entitled "An act to enable the people of the

Territory of New Orleans to form a constitution and State Government,

and for the admission of such State into the Union on an equal footing

with the original States, and for other purposes:" and, on motion, by

Mr. CLAY, it was agreed to divide the question; and, on the question to

agree to the first division of the amendment, to wit:

_Provided_, That this act shall not be understood to admit such

State into the Union, as aforesaid, unless each of the States

shall consent to the same:

It was determined in the negative--yeas 10, nays 18, as follows:

YEAS.--Messrs. Bradley, Champlin, Dana, German, Gilman,

Goodrich, Horsey, Lloyd, Pickering, and Reed.

NAYS.--Messrs. Campbell, Clay, Condit, Franklin, Gaillard,

Gregg, Lambert, Leib, Mathewson, Pope, Robinson, Smith of

Maryland, Smith of New York, Tait, Taylor, Turner, Whiteside,

and Worthington.

On the question to agree to the second division of the amendment, to

wit:

_Provided_, That this act shall not be understood to admit such

State into the Union as aforesaid, unless there shall be a

constitutional amendment empowering the Congress to admit into

the Union new States formed beyond the boundaries of the United

States, as known and understood at the time of establishing the

Constitution for the United States:

It was determined in the negative--yeas 8, nays 17, as follows:

YEAS.--Messrs. Champlin, Dana, German, Gilman, Goodrich, Lloyd,

Pickering, and Reed.

NAYS.--Messrs. Campbell, Clay, Condit, Franklin, Gaillard,

Gregg, Lambert, Leib, Mathewson, Robinson, Smith of Maryland,

Smith of New York, Tait, Taylor, Turner, Whiteside, and

Worthington.

On motion, by Mr. BRADLEY, to postpone the further consideration of the

bill to the second Monday in February next, it was determined in the

negative.

On the question, Shall the bill be read a third time as amended? it was

determined in the affirmative--yeas 17, nays 10, as follows:

YEAS.--Messrs. Brent, Clay, Condit, Franklin, Gaillard, Gregg,

Lambert, Mathewson, Pope, Robinson, Smith of Maryland, Smith of

New York, Tait, Taylor, Turner, Whiteside, and Worthington.

NAYS.--Messrs. Bradley, Champlin, Dana, German, Gilman,

Goodrich, Horsey, Lloyd, Pickering, and Reed.

FRIDAY, February 1.

The credentials of JAMES A. BAYARD, appointed a Senator by the

Legislature of the State of Delaware, for the term of six years from

the third day of March next: and of WILLIAM H. CRAWFORD, appointed a

Senator by the Legislature of the State of Georgia, for the term of

six years from the third day of March next, were severally read, and

ordered to lie on file.

WEDNESDAY, February 6.

Mr. BRADLEY presented the petition of Charlotte Hazen, relict of the

late Brigadier General Moses Hazen, praying a grant of land may be

made to her, as a Canadian refugee, or that a small addition, in lieu

thereof, may be added to her present pension from Congress, for reasons

stated at large in the petition; which was read, and referred to a

select committee, to consider and report thereon by bill or otherwise;

and Messrs. BRADLEY, FRANKLIN, and GERMAN, were appointed the committee.

MONDAY, February 11.

_Bank of the United States._

The Senate resumed, as in Committee of the Whole, the bill to amend

and continue in force an act, entitled "An act to incorporate the

subscribers to the Bank of the United States," passed on the 25th day

of February, one thousand seven hundred and ninety-one.

Mr. ANDERSON said that having been a member of the committee who

reported the bill before the Senate, and not feeling himself at liberty

to oppose the introduction of the report, yet, thinking it might be

advisable to try the principle before they proceeded to discuss the

details, he should move to strike out the first section of the bill. He

would barely observe that, was this not a question which was generally

understood, on which not only every member of this House, but every

citizen of the United States had made up his mind, he should feel

himself bound to offer reasons in support of the motion; but, inasmuch

as it was a question which every gentleman had doubtless decided in his

own mind, he felt unwilling to take up any more of the attention of

the Senate, especially so late in the session, when there was so much

business of importance before them which required to be acted on.

Mr. CRAWFORD said that he should proceed, though reluctantly, to

explain the reasons of the committee for reporting the bill, which

is now under consideration. After the most minute examination of

the constitution, the majority of that committee were decidedly of

opinion that the Congress of the United States were clearly invested

with power to pass such a bill. The object of the constitution was

twofold: 1st, the delegation of certain general powers, of a national

nature, to the Government of the United States; and 2d, the limitation

or restriction of the State sovereignties. Upon the most thorough

examination of this instrument, I am induced to believe, that many of

the various constructions given to it are the result of a belief that

it is absolutely perfect. It has become so extremely fashionable to

eulogize this constitution, whether the object of the eulogist is

the extension or contraction of the powers of the Government, that

whenever its eulogium is pronounced, I feel an involuntary apprehension

of mischief. Upon the faith of this imputed perfection, it has been

declared to be inconsistent with the entire spirit and character of

this instrument, to suppose that after it has given a general power

it should afterwards delegate a specific power fairly comprehended

within the general power. A rational analysis of the constitution will

refute in the most demonstrative manner this idea of its perfection.

This analysis may excite unpleasant sensations; it may assail honest

prejudices; for there can be no doubt that honest prejudices frequently

exist, and are many times perfectly innocent. But when these prejudices

tend to destroy even the object of their affection, it is essentially

necessary that they should be eradicated. In the present case if there

be any who, under the conviction that the constitution is perfect, are

disposed to give it a construction that will render it wholly imbecile,

the public welfare requires that the veil should be rent, and that its

imperfection should be disclosed to public view. By this disclosure it

will cease to be the object of adoration, but it will nevertheless be

entitled to our warmest attachment.

The 8th section of the 1st article of the constitution contains among

others the following grant of powers, viz: to coin money, regulate the

value thereof, and of foreign coin, and fix the standard of weights

and measures; to raise and support armies; to provide and maintain a

navy; to regulate commerce with foreign nations, and among the several

States, and with the Indian tribes; to establish post-offices and post

roads. This selection contains five grants of general power. Under the

power to coin money it is conceived that Congress would have a right

to provide for the punishment of counterfeiting the money after it was

coined, and that this power is fairly incidental to, and comprehended

in, the general power. The power to raise armies and provide and

maintain a navy comprehends, beyond the possibility of doubt, the right

to make rules for the government and regulation of the land and naval

forces; and yet in these three cases, the constitution, after making

the grant of general power, delegates specifically the powers which

are fairly comprehended within the general power. If this, however,

should be denied, the construction which has been uniformly given to

the remaining powers which have been selected, will establish the

fact beyond the power of contradiction. Under the power to regulate

commerce, Congress has exercised the power of erecting light-houses, as

incident to that power, and fairly comprehended within it. Under the

power to establish post-offices, and post roads, Congress has provided

for the punishment of offences against the Post-Office Department.

If the Congress can exercise an incidental power not granted in one

case, it can in all cases of a similar kind. But it is said, that

the enumeration of certain powers excludes all other powers not

enumerated. This is true so far as original substantive grants of power

are concerned, but it is not true when applied to express grants of

power, which are strictly incidental to some original and substantive

grant of power. If it were true in relation to them, Congress could not

pass a law to punish offences against the Post-Office Establishment,

because the constitution has expressly given the power to punish

offences against the current coin, and as it has given the power to

punish offences committed against that grant of general power, and has

withheld it in relation to the power to establish post-offices and

post roads. Congress cannot, according to this rule of construction,

so warmly contended for, pass any law to provide for the punishment

of such offences. The power to make rules for the regulation and

government of the land and naval forces, I have shown to be strictly

incidental to the power to raise armies, and provide and maintain

navies; but, according to this rule of construction, all incidental

powers are excluded except the few which are enumerated, which would

exclude from all claim to constitutionality, nearly one-half of your

laws, and, what is still more to be deprecated, would render your

constitution equally imbecile with the old articles of confederation.

When we come to examine the 4th article, the absurdity of this rule

of construction, and also of the idea of perfection which has been

attributed to the constitution, will be equally manifest. This article

appears to be of a miscellaneous character and very similar to the

codicil of a will. The first article provides for the organization of

Congress; defines its powers; prescribes limitations upon the powers

previously granted; and sets metes and bounds to the authority of the

State Governments. The second article provides for the organization

of the Executive Department, and defines its power and duty. The 3d

article defines the tenure by which the persons in whom the judicial

power may be vested shall hold their offices, and prescribes the extent

of their power and jurisdiction. These three articles provide for the

three great departments of Government called into existence by the

constitution, but some other provisions just then occur, which ought to

have been included in one or the other of the preceding articles, and

these provisions are incorporated and compose the 4th article. The 1st

section of it declares, that "full faith and credit shall be given in

each State, to the public acts, records, and judicial proceedings of

every other State. And the Congress may by general laws prescribe the

manner in which such acts, records, and proceedings shall be proved,

and the effect thereof." In the second section it declares, that a

person, charged in any State with treason, felony, or other crime,

who shall flee from justice, and be found in another State, shall, on

demand of the Executive authority of the State from which he fled, be

delivered up, to be removed to the State having jurisdiction of the

crime. A similar provision is contained in the same section, relative

to fugitives who are bound to labor, by the laws of any State. In the

first case which has been selected, express authority has been given to

Congress, to prescribe the manner in which the records, &c., should be

proved, and also the effect thereof, but in the other two, no authority

is given to Congress, and yet the bare inspection of the three cases

will prove that the interference of Congress is less necessary in

the first than in the two remaining cases. A record must always be

proved by itself, because it is the highest evidence of which the case

admits. The effect of a record ought to depend upon the laws of the

State of which it is a record, and, therefore, the power to prescribe

the effect of a record was wholly unnecessary, and has been so held

by Congress--no law having been passed to prescribe the effect of a

record. In the second case there seems to be some apparent reason for

passing a law to ascertain the officer upon whom the demand is to be

made; what evidence of the identity of the person demanded and of the

guilt of the party charged must be produced before the obligation to

deliver shall be complete. The same apparent reason exists for the

passage of a law relative to fugitives from labor. According, however,

to the rule of construction contended for, Congress cannot pass any law

to carry the constitution into effect, in the two last cases selected,

because express power has been given in the first and is withheld in

the two last. Congress has nevertheless passed laws to carry those

provisions into effect, and this exercise of power has never been

complained of by the people or the States.

Mr. President, it is contended by those who are opposed to the passage

of this bill, that Congress can exercise no power by application, and

yet it is admitted, nay, even asserted, that Congress would have power

to pass all laws necessary to carry the constitution into effect,

whether it had given or withheld the power which is contained in the

following paragraph of the 8th section of the 1st article: "to make all

laws which shall be necessary and proper for carrying into execution

the foregoing powers and all other powers vested by this constitution

in the Government of the United States or in any department or officer

thereof." If this part of the constitution really confers no power, it

at least, according to this opinion, strips it of that attribute of

perfection which has by these gentlemen been ascribed to it. But, sir,

this is not the fact. It does confer power of the most substantial and

salutary nature. Let us, sir, take a view of the constitution upon the

supposition that no power is vested in the Government by this clause,

and see how the exclusion of power by implication can be reconciled

to the most important acts of the Government. The constitution has

expressly given Congress power "to constitute tribunals inferior to

the Supreme Court," but it has nowhere expressly given the power to

constitute a supreme court. In the 3d article it is said, "the judicial

power of the United States shall be vested in one Supreme Court, and

in such inferior courts as the Congress may from time to time ordain

and establish." The discretion, which is here given to Congress, is

confined to the inferior courts, which it may from time to time ordain

and establish, and not to the Supreme Court. In the discussion which

took place upon the bill to repeal the judicial system of the United

States in the year 1802, this distinction is strongly insisted upon

by the advocates for the repeal. The Supreme Court was said to be the

creature of the constitution, and, therefore, intangible, but that

Congress, possessing a discretionary power to create or not to create

inferior tribunals, had the same discretionary power to abolish them

whenever it was expedient. But if even the discretionary power here

vested does extend to the Supreme Court, yet the power of Congress to

establish that court must rest upon implication, and upon implication

alone. Under the authority to establish tribunals inferior to the

Supreme Court, the power to establish a Supreme Court would, according

to my ideas, be vested in Congress by implication. And, sir, it is only

vested by implication, even if the declaration, that Congress shall

have power to pass all laws necessary and proper to carry into effect

the power vested in any department or officer of the Government should

be held to be an operative grant. Under this grant, Congress can pass

laws to carry into effect the powers vested in the judicial department?

What are the powers vested in this department. That it shall exercise

jurisdiction in all cases in law and equity arising under this

constitution, &c., in all cases affecting ambassadors, &c., but the

power to create the department and to carry into effect the powers

given to or vested in that department, are very different things.

The power to create the Supreme Court cannot be expressly granted in

the power to pass all laws necessary and proper to carry into effect

the powers vested in that court, but must, as I have endeavored to

prove, be derived from implication. Let me explain my understanding

of a power which exists by implication, by an example which will be

comprehended by all who hear me. In a devise, an estate is granted

to A, after the death of B, and no express disposition is made of

the estate during the life of A; in that case A is said to have an

estate for life, by implication, in the property so devised. So when

the constitution gives the right to create tribunals inferior to the

Supreme Court, the right to create the Supreme is vested in Congress

by implication. Shall we after this be told that Congress cannot

constitutionally exercise any right by implication? By the exercise

of a right derived only from implication, Congress has organized a

Supreme Court, and then, as incidental to power, existing only by

implication, it has passed laws to punish offences against the law by

which the court has been created and organized. Sir, the right of

the Government to accept of the District of Columbia, exists only by

implication. The right of the Government to purchase or accept of

places for the erection of forts, magazines, arsenals, and dockyards,

exists only by implication, and yet no man in the nation, so far as

my knowledge extends, has complained of the exercise of those implied

powers, as an unconstitutional usurpation of power. The right to

purchase or except of places for the erection of light-houses, as

well as the right to erect and support light-houses, must be derived

by implication alone, if any such right exists. The clause in the

constitution which gives Congress the power "to exercise exclusive

legislation in all cases whatsoever, over such district (not exceeding

ten miles square) as may, by cession of particular States, and the

acceptance of Congress, become the seat of Government of the United

States, and to exercise like authority over all places purchased by

the consent of the Legislature of the State in which the same shall

be, for the erection of forts, magazines, arsenals, dockyards, and

other needful buildings," certainly gives no express power to accept or

purchase any of the places, destined for the uses therein specified.

The only power expressly given in this clause is that of exercising

exclusive legislation in such places; the right to accept or purchase

must be derived by implication from this clause, or it must be shown

to be comprehended in or incidental to some other power expressly

delegated by the constitution. I shall now attempt to show, that

according to the construction which has been given to other parts of

this constitution, Congress has the right to incorporate a bank to

enable it to manage the fiscal concerns of the nation. If this can

be done, and if it can also be shown that the correctness of such

construction has never excited murmur or complaint--that it has not

even been questioned, I shall have accomplished every thing which it

will be incumbent on me to prove, to justify the passage of the bill

upon your table. The power to lay and collect taxes, duties, imposts

and excises, together with the power to pass all laws which may be

necessary and proper for carrying into effect the foregoing powers,

when tested by the same rule of construction which has been applied

to other parts of the constitution, fairly invests Congress with

the power to create a bank. Under the power to regulate commerce,

Congress exercises the right of building and supporting light-houses.

What do we understand by regulating commerce? Where do you expect to

find regulations of commerce? Will any man look for them any where

else than in your treaties with foreign nations, and in your statutes

regulating your custom-houses and custom-house officers? What are the

reasons for vesting Congress with the right to regulate commerce with

foreign nations, and among the several States? The commerce of a nation

is a matter of the greatest importance in all civilized countries.

It depends upon compacts with other nations, and whether they are

beneficial or prejudicial depends not so much on the reciprocal

interest of nations as upon their capacity to defend their rights and

redress their wrongs. It was therefore highly important that the right

to regulate commerce with foreign nations should be vested in the

National Government. If the regulation of commerce among the several

States had been left with the States, a multiplicity of conflicting

regulations would have been the consequence. Endless collisions

would have been created, and that harmony and good neighborhood, so

essential between the members of a Federal Republic, would have been

wholly unattainable. The best interest of the community, therefore,

imperiously required, that this power should be delegated to Congress.

Not so of light-houses. The interest of the States would have induced

them to erect light-houses, where they were necessary, and when

erected they would have been equally beneficial to their own vessels,

the vessels of their sister States, and of foreign nations. The

performance of this duty could have been most safely confided to the

States. They were better informed of the situations in which they

ought to be erected than Congress could possibly be, and could enforce

the execution of such regulations as might be necessary to make them

useful. How then has it happened that Congress has taken upon itself

the right to erect light-houses, under their general power to regulate

commerce? I have heard and seen in the public prints a great deal of

unintelligible jargon about the incidentality of a law to the power

delegated and intended to be executed by it, and of its relation to the

end which is to be accomplished by its exercise, which I acknowledge I

do not clearly and distinctly comprehend, and must therefore be excused

from answering. I speak now of the public newspapers, to which I am

compelled to resort to ascertain the objections which are made to this

measure, as gentlemen have persevered in refusing to assign the reasons

which have induced them to oppose the passage of the bill. But, sir,

I can clearly comprehend that the right to erect light-houses is not

incidental to the power of regulating commerce, unless every thing is

incidental to that power which tends to facilitate and promote the

prosperity of commerce. It is contended that under the power to lay and

collect taxes, imposts, and duties, you can pass all laws necessary

for that purpose, but they must be laws to lay and collect taxes,

imposts, and duties, and not laws which tend to promote the collection

of taxes. A law to erect light-houses is no more a law to regulate

commerce, than a law creating a bank is a law to collect taxes, imposts

and duties. But the erection of light-houses tends to facilitate and

promote the security and prosperity of commerce, and in an equal degree

the erection of a bank tends to facilitate and insure the collection,

safe-keeping, and transmission of your revenue. If, by this rule of

construction, which is applied to light-houses, but denied to the

bank, Congress can, as incidental to the power to regulate commerce,

erect light-houses, it will be easy to show that the same right may be

exercised, as incidental to the power of laying and collecting duties

and imposts. Duties cannot be collected, unless vessels importing

dutiable merchandise arrive in port; whatever, therefore, tends to

secure their safe arrival may be exercised under the general power; the

erection of light-houses does facilitate the safe arrival of vessels in

port, and Congress therefore can exercise this right as incidental to

the power to lay imposts and duties.

But it is said the advocates of the bank differ among themselves in

fixing upon the general power to which the right to create a bank

is incidental, and that this difference proves that there is no

incidentality, to use a favorite expression, between that and any

one of the enumerated general powers. The same reason can be urged,

with equal force, against the constitutionality of every law for the

erection of light-houses. Let the advocates for this doctrine lay their

finger upon the power to which the right of erecting light-houses is

incidental. It can be derived with as much apparent plausibility and

reason from the right to lay duties, as from the right to regulate

commerce. Who is there, now, in this body who has not voted for the

erection of a light-house? And no man who reads one of these will

believe it to be a regulation of commerce. And no man in the nation,

so far as my knowledge extends, has ever complained of the exercise

of this power. The right to erect light-houses is exercised, because

the commerce of the nation, or the collection of duties, is greatly

facilitated by that means; and, sir, the right to create a bank is

exercised because the collection of your revenue, and the safe-keeping

and easy and speedy transmission of your public money is not simply

facilitated, but because these important objects are more perfectly

secured by the erection of a bank than they can be by any other means

in the power of human imagination to devise. We say, therefore, in the

words of the constitution, that a bank is necessary and proper, to

enable the Government to carry into complete effect the right to lay

and collect taxes, imposts, duties, and excises. We do not say that

the existence of the Government absolutely depends upon the operations

of a bank, but that a national bank enables the Government to manage

its fiscal concerns more advantageously than it could do by any other

means. The terms necessary and proper, according to the construction

given to every part of the constitution, imposes no limitation upon the

powers previously delegated. If these words had been omitted in the

clause giving authority to pass laws to carry into execution the powers

vested by the constitution in the National Government, still Congress

would have been bound to pass laws which were necessary and proper,

and not such as were unnecessary and improper. Every legislative

body, every person invested with power of any kind, is morally bound

to use only those means which are necessary and proper for the correct

execution of the powers delegated to them. But it is contended, that

if a bank is necessary and proper for the management of the fiscal

concerns of the nation, yet Congress has no power to incorporate one,

because there are State banks which may be resorted to. No person who

has undertaken to discuss this question has, as far as my knowledge

extends, ventured to declare that a bank is not necessary. Every man

admits, directly or indirectly, the necessity of resorting to banks of

some kind. This admission is at least an apparent abandonment of the

constitutional objection; for, if a bank is necessary and proper, then

have Congress the constitutional right to erect a bank. But this is

denied. It is contended that this idea rests alone upon the presumption

that the Government of the United States is wholly independent of

the State governments, which is not the fact; that this very law is

dependent upon the State courts for its execution. This is certainly

not the fact. The courts of the United States have decided, in the

most solemn manner, that they have cognizance of all cases affecting

the Bank of the United States. Sir, it is true that the Government

of the United States is dependent upon the State governments for its

organization. Members of both Houses of Congress, and the President

of the United States, are chosen by the State governments, or under

the authority of their laws. But it is equally true, that wherever the

constitution confides to the State governments the right to perform

any act in relation to the Federal Government, it imposes the most

solemn obligation upon them to perform the act. The Constitution of

the United States, as to these particular acts, is the constitution

of the several States, and their functionaries are accordingly sworn

to support it. Can it, then, be seriously contended, that because

the constitution has in some cases made the Government of the United

States dependent upon the State governments, in all which cases it has

imposed the most solemn obligations upon them to act, that it will

be necessary and proper for Congress to make itself dependent upon

them in cases where no such obligation is imposed? The constitution

has defined all the cases where this Government ought to be dependent

upon that of the States; and it would be unwise and improvident for

us to multiply these cases by legislative acts, especially where we

have no power to compel them to perform the act, for which we have

made ourselves their dependents. In forming a permanent system of

revenue, it would be unwise in Congress to rely, for its collection

and transmission from one extreme of this extensive empire to the

other, upon any accidental circumstance, wholly beyond their power or

control. There are State banks in almost every State in the Union, but

their existence is wholly independent of this Government, and their

dissolution is equally so. The Secretary of the Treasury has informed

you that he conceives a bank is necessary to the legitimate exercise of

the powers vested by the constitution in the Government. I know, sir,

that the testimony of this officer will not be very highly estimated by

several honorable members of this body. I am aware that this opinion

has subjected him, and the committee also, to the most invidious

aspersions; but, sir, the situation of that officer, independent of

his immense talents, enables him to form a more correct opinion than

any other man in the nation of the degree of necessity which exists

at the present time for a national bank, to enable the Government to

manage its fiscal operations. He has been ten years at the head of

your Treasury; he is thoroughly acquainted with the influence of the

bank upon your revenue system; and he has, when called upon, declared

that a bank is necessary to the proper exercise of the legitimate

powers of the Government. His testimony is entitled to great weight in

the decision of this question, at least with those gentlemen who have

no knowledge of the practical effects of the operations of the bank

in the collection, safe-keeping, and transmission of your revenue.

In the selection of means to carry any of your constitutional powers

into effect, you must exercise a sound discretion; acting under its

influence, you will discover that what is proper at one time may be

extremely unfit and improper at another. The original powers granted to

the Government by the constitution can never change with the varying

circumstances of the country, but the means by which those powers are

to be carried into effect must necessarily vary with the varying state

and circumstances of the nation. We are, when acting to-day, not to

inquire what means were necessary and proper twenty years ago, not what

were necessary and proper at the organization of the Government, but

our inquiry must be, what means are necessary and proper this day. The

constitution, in relation to the means by which its powers are to be

executed, is one eternal _now_. The state of things now, the precise

point of time when we are called upon to act, must determine our choice

in the selection of means to execute the delegated powers.

Mr. LLOYD.--Mr. President: This is indeed, sir, an up-hill, wind-mill

sort of warfare--a novel mode of legislative proceeding. That a bill

should be brought in on a very important subject which has been long

under consideration, and that a gentleman should move to strike out the

first section of the bill, which comprises all its vitality, (for it

is the first section which provides for the continuance of the bank,)

and should be supported in it, without deigning to assign any other

reasons than may be derived from newspaper publications, which are so

crude and voluminous that not one man out of ten will so far misspend

his time as to take the trouble to read them, is indeed extraordinary.

Still, if gentlemen choose to adopt this dumb sort of legislation, and

are determined to take the question without offering any arguments in

support of their opinions, I certainly should not have interfered with

their wishes, had I not been a member of the committee who had reported

the bill, who had heard the testimony offered by two very respectable

delegations from Philadelphia; one from the master manufacturers and

mechanics of the city, and the other from the merchants; and had I not

taken minutes of this testimony, which I find it is expected from me

that I should relate to the Senate.

Sir, I consider the motion to strike out, now under consideration, as

going to the entire destruction of the bill, without any reference to

its details or modifications; it therefore appears to me in order, to

take into consideration only the material principle of the bill; that

is, whether it be proper that the charter of the bank should be renewed

on any terms whatever, let those terms be what they may.

Sir, it is admitted by the Secretary of the Treasury, in his

communications to Congress, that the concerns of this bank have

been "skilfully and wisely managed," that the bank has made a very

limited and moderate use of the public moneys deposited with it; and

that it has greatly facilitated the operations of Government by the

safe-keeping and transmission of the public moneys. It has at all

times met the wishes of the Government in making loans. It has done

this even at six per cent., while the Government have been obliged,

in one instance, for a considerable amount to pay eight per cent.

to other persons for the loans obtained from them. It is admitted,

sir, that the bank, at the request of the Treasury Department, has

established branches for the purpose of facilitating the operations of

the Government at places where such establishments could not but be

inconvenient to them in point of management, and disadvantageous in

point of profit. I allude more particularly, sir, to the branches of

the bank which has been established at New Orleans and at Washington.

We have been told this session, sir, by a gentleman from Maryland,

(Mr. SMITH,) that the Territory of Orleans is a very wealthy one,

that it probably contains a greater number of rich inhabitants, for

its population, than any other district in the Union. Sir, if this be

the fact, of whom does this wealthy population consist? Not of the

inhabitants, but of the planters; men who are not borrowers of the

bank, who, when they realize the sales of their produce, invest the

surplus proceeds of it beyond their expenditure in the funds, or in the

acquisition of new lands, or in the purchase of an additional number

of negroes. Sir, it is notorious, that from the recent possession by

the United States of Louisiana, and the certainty that New Orleans must

soon be the emporium of an immense western commerce, that city has

become more the resort of the young, the adventurous, the enterprising

and the rash among the mercantile men of our country, than any other

city in the Union; and it is obvious, sir, in proportion as the

borrowers from a bank consist of persons of this description, in the

same proportion must the circumstances of such bank be unsound; and

without possessing any particular knowledge whatever on the state of

this bank, if the collections of its debts are speedily made, I would

not make the purchase at a discount of twenty-five per cent. from the

nominal amount of them.

Sir, we can judge with more accuracy when we come nearer home. What is

the state of the bank in this city? What the ability of its debtors to

meet their engagements? It is stated the branch has a loan out here

of four hundred thousand dollars. Where is the navigation?--where the

wealthy merchants?--where are the opulent tradesmen?--the extensive

manufacturers, to refund this money, when they are called on to do it?

Sir, they are not to be found; they do not exist here; there are but

very few opulent men in the city, and those are either not borrowers

of the bank, or not borrowers to an amount of any importance. Where,

then, is the money to be found, or what has been done with it? It has

probably been taken out of the Bank of the United States to build up

the five or six District banks which you have chartered the present

session; to furnish the means of erecting the fifty or sixty brick

houses which we are told have made their appearance during the last

Summer; to encourage speculations in city lots, and to enable the

proprietors to progress with the half-finished canal which nearly

adjoins us. Well, sir, if the bank promptly calls in its loan of

four hundred thousand dollars, will the debtors be enabled to meet

their payments? Can they sell these lots, these brick houses, these

canal shares? No, sir, in such a state of things they could find no

purchasers, they could nearly as well create a world as to furnish the

money; and if the bank is to stop, and the payment of this debt be

speedily coerced, I would not give two hundred thousand dollars for the

whole of it.

In addition to this, I shall show presently, from testimony which

cannot be controverted, that the conduct of the Bank of the United

States, or its directors, or rather the stockholders, whose agents

they are, in addition to being wise and skilful, and moderate, as the

Secretary of the Treasury states them to have been, that they have

also been honorable, and liberal, and impartial; and if, in addition

to this, it be proved that the bank has, in every instance where it

had the ability to do it, met the wishes of the Government, and to

facilitate its views in the security and collection of the revenue, it

has also established branches where it must have been obviously and

palpably to the disadvantage of the bank to do it--if it has furnished

capitals for the extension of our commerce, if it has provided means

for the establishment of important manufactories, if it has had a

tendency to raise the price of our domestic produce, and has thus

encouraged industry, and improved and embellished the interior of

the country--it would seem pretty strongly to follow, that if it be

expedient to preserve the existence of an institution similar to this,

then these gentlemen, on the score of merit, added to the experience of

twenty years' successful operation, have a fair claim on the Government

for a preference in favor of that which is already in operation.

I am aware, sir, that it may be stated in opposition to this claim,

that these stockholders have enjoyed a boon for twenty years from which

others of their fellow-citizens have been deprived, except on such

terms as the sellers of shares chose to prescribe; that the charter

expires by its own limitation, and that beyond this period they have

no right to expect any thing which may not arise from the interest and

convenience of the Government. I admit, sir, there is considerable

strength in these objections. The exclusive right contained in the

charter ever appeared to me as furnishing the most solid constitutional

objection against the bank. The creation of monopolies; the granting

of exclusive privileges, except so far as to secure to the authors

of useful inventions the benefit of their discoveries; the tying up

of the hands of the Legislature, and depriving itself of the power

of according to a set of citizens, who may come into legal existence

to-morrow, or ten years hence, what it had given to another; ever

appeared to me hostile to the genius and spirit of the people of the

United States, and of all their institutions. Highly then, sir, as I am

induced to think of the conduct of this bank, from the best evidence I

can obtain, still, from the considerations I have just mentioned, did

the question now before us simply affect the stockholders, I should

certainly not trouble the Senate with any remarks in reference to it,

and should sit down in entire acquiescence, whether the prayer of their

petition for the renewal of the charter of the bank were granted or

rejected.

Sir, before quitting this idea of constitutional objection, permit me

to make one or two brief remarks in regard to it. It is impossible for

the ingenuity of man to devise any written system of government, which,

after a lapse of time, extension of empire, or change of circumstances,

shall be able to carry its own provisions into operation--hence, sir,

the indispensable necessity of implied or resulting powers, and hence

the provision in the constitution that the Government should exercise

such additional powers as were necessary to carry those that had

been delegated into effect. Sir, if this country goes on increasing

and extending, in the ratio it has done, it is not impossible that

hereafter, to provide for all the new cases that may rise under this

new state of things, the defined powers may prove only a text, and the

implied or resulting powers may furnish the sermon to it.

Permit me, sir, to put one question on this head, in addition to those

so ably, and to my view, unanswerably put yesterday by the honorable

gentleman from Georgia, (Mr. CRAWFORD.) Whence, sir, do you get the

right, whence do you derive the powers to erect custom-houses in

the maritime districts of the United States? To attach to them ten,

fifteen, or twenty custom-house officers; and clothe these men with

authority to invade the domicile, to break into the dwelling-house of

perhaps an innocent citizen? Whence do you get it, sir, except as an

implied power resulting from the authority given in the constitution

"to lay and collect taxes, duties, imposts, and excises?" If, under

this authority, you can erect these custom-houses and create this

municipal, fiscal, inquisitorial _gens d'armerie_, with liberty

to violate the rights of the citizen, to break into his castle at

midnight, without even a form of warrant, on a plausible appearance of

probability, or probable cause of suspicion of his secreting smuggled

goods, which the event may prove to be unfounded--and it will be

recollected that a majority of Congress voted for the grant of this

power in its most offensive form, when two years since they voted

for the act enforcing the embargo--I say, sir, if under this general

power to collect duties, you can erect the establishment and give the

offensive power just mentioned, can you not, with the concurrence even

of the citizens, adopt another more mild and useful mode, and create an

establishment for the collection and safe-keeping of the revenue, and

place it under the direction of ten or twelve directors, and christen

it an office of discount and deposit, or of collection and payment, as

you like best? And can you not, when you have thus created it, give

to the directors a power, which perhaps they would have without your

grant, to receive and keep the cash of those who choose to place it

with them and to loan them money at the legal rate of interest, and

in some places, as at New York, at nearly fifteen per cent. above the

legal rate of interest? If you can do this, then you have your bank

established, sir--and, most assuredly, if you can do one of these

things you can do the other.

Sir, the constitutional objection to this bank, on the ground that

Congress had not the power to grant an act of incorporation, has ever

appeared to me the most unsound and untenable. Still gentlemen of

intelligence and integrity, who have thought long and deeply on the

subject, think differently from me: and I feel bound to respect their

opinions, however opposed they may be to my own. Yet, sir, I will

venture to predict, without feeling any anxiety for the fate of the

prophecy, that should this bank be suffered to run down, such will be

the state of things before this time twelve months, that there are

other gentlemen, who at present have constitutional objections, but who

have not thought so long and deeply upon them, who will, before that

time, receive such a flood of intelligence, as on this head perfectly

to dispel their doubts, and quiet their consciences.

Sir, I shall now proceed as briefly as may be in my power to state

the situation of this bank on the expiration of its charter, and the

effects on the community consequent on it. There is now due to the bank

from individuals fifteen millions of dollars. These fifteen millions

of dollars must be collected--the power of the bank to grant discounts

will have ceased, and the duty of the directors must require them to

make the collection. Sir, how is this to be done? Whence can the money

be obtained? I shall demonstrate to you presently, that already, from

an apprehension of a non-renewal of the charter of the bank, business

is nearly at a stand--that navigation, real estate, and merchandise are

unsalable; and that a man worth one hundred thousand dollars, at the

recently rated value of property, and owing ten thousand dollars, must

still be utterly unable to meet his engagements. Suppose, sir, this

property consists in houses or shipping; suppose his warehouse is full

of goods, and he has a large sum placed at his credit in England? If,

sir, he can neither sell his ships nor his goods--if he cannot sell

his real estate nor scarcely give away his exchange, which hitherto,

to men who had money in England, has been a never-failing source of

supply in case of need; I say under these circumstances, sir, whatever

may be his property, he cannot meet his engagements. Sir, can men thus

situated, solvent as they ought to be ten times over, find relief from

the State banks? Certainly not, sir. These banks have already gone to

the extreme length of their ability; they have always discounted to an

amount in proportion to their capital exceeding that of the Bank of the

United States, which is incontrovertibly proved by the dividends they

have declared, which have at most universally equalled and frequently

exceeded those of the Bank of the United States, notwithstanding the

advantage enjoyed by the latter from the deposit of public moneys. Sir,

so far from having it in their power, in the case of the dissolution

of the Bank of the United States, to assist the debtors to that bank

in meeting their engagements to it--I affirm the fact, on which I have

myself a perfect reliance, that, take the State banks from Boston to

Washington, and after paying their debts to the Bank of the United

States, they have not, nor do I believe they have had, for six months

back, specie enough to pay the debts due to their depositors, and the

amount of their bills in circulation. And here I beg it to be observed,

that bank bills and bank deposits, or credits, are precisely the same

thing--with this difference, that the latter, from the residence in the

neighborhood of the banks, and the vigilance of the proprietors, would

be the first called for. How idle is it then to expect to obtain relief

from banks which have already extended themselves beyond the bounds

of prudence, and have not even at present the ability to meet their

existing engagements? It might nearly as well be expected, that a man

who was already a bankrupt should prop and support his failing neighbor.

Sir, much has been recently said of the amount of specie in the United

States. Theoretical men have made many and vague conjectures about it,

for after all it must rest upon conjecture; some have estimated it at

ten millions of dollars--some twelve, some twenty, and some newspaper

scribblers at forty millions of dollars. Sir, I do not believe that for

the last ten years the United States have at any time been more bare

of specie than at the present moment. A few years since, specie flowed

in upon us in abundance. This resulted principally from an operation

of a very singular and peculiar nature. The Spanish Government, as

it was then understood, agreed to pay to France a very large sum of

money--many millions of dollars, the precise number I am unable to

state, from her possessions in South America. France contracted with a

celebrated English banking house, as was said at the time, with either

the concurrence or connivance of the English Government, that this

money should be obtained through the United States. These bankers,

by their agent, contracted with certain American houses, principally

I believe in Baltimore, for the importation of this specie from La

Vera Cruz into the United States, from whence it was not transmitted

in coin to Europe, but invested in adventures in the shipments of

produce, the proceeds of which ultimately go into the hands of these

bankers in London, or of their friends on the continent, from whom

it was finally realized by the French Government, either by drafts

from Paris, or remittances to that city. This operation had a trebly

favorable effect on the United States--it made fortunes for some of the

merchants, it furnished the means of shipments to Europe, and it also

provided the funds for adventures to the East Indies and to China. But

this contract has now been finished some years; and since that time

there has been a constant drain of specie from the country. Where it

is in future to be procured from, I know not. Not from South America.

Specie is, I believe, protected from exportation there, except to

Spain. From Spain we cannot get it--to a great part of what was Spain

we have now scarcely any trade. From France it cannot be obtained, for

if we can get it there even by license, we are obliged to bring back

her produce or manufactures. From England it cannot be imported--it is

now made highly penal to attempt to send it out of the kingdom. With

South America we have but little trade--hitherto we furnished them with

smuggled or licensed European and India goods; but now the markets

are flooded with these goods by importations direct from England, and

which have been attended with great loss to the shippers. For these

reasons, it is difficult to find a vessel sailing from the United

States to the Spanish ports in South America. These are among the

reasons why the amount of specie now in the country is small, and has

for some time past been gradually lessening. Sir, without indulging in

vague conjectures, what are the best data we have to form an estimate

of the amount of specie in the country? The Bank of the United States

has five millions of dollars in its vaults. In Boston there are three

State banks--in New York I believe four, Philadelphia four, and

Baltimore eight--call these nineteen twenty, and allow on an average

one hundred and fifty thousand dollars specie, which probably is as

much as they generally possess, and this will make three millions of

dollars; this amount, united to the sum in the vaults of the Bank of

the United States, gives eight millions of dollars--to which, if you

allow two millions of dollars for a loose circulation of specie, you

get an aggregate of ten millions of dollars. We are sometimes told of

the large sums of money hoarded in our country by individuals--probably

there may be some among the German farmers in Pennsylvania--perhaps

more in that State than in any other, or all the others in the Union;

but still of no great amount--the reputation of a little money

possessed in this way easily swells into a large sum. At any rate, let

the amount be what it may, in time of distress and mistrust, it would

afford no addition to your circulating medium; for it is precisely

in times like these, that men who hoard money will lock it up most

securely.

Sir, the circulation of our country is at present emphatically a

paper circulation--very little specie passes in exchange between

individuals--it is a circulation bottomed on bank paper and bank

credits, amounting perhaps to fifty millions of dollars. And on what,

sir, does this circulation rest? It rests upon the ten millions of

dollars, if that be the amount of specie in the country, and upon

public confidence.

The Bank of the United States has fifteen millions of dollars to

collect--call it ten, sir--nobody will dispute this--no one will

pretend that this bank is not solvent--the remnant of its surplus

dividends, and the interest it will have earned, will be sufficient to

cover its losses at New Orleans, at Washington, and perhaps elsewhere.

In what are these ten millions of dollars to be collected? In bank

bills, the credit of which is at least doubtful? No, sir, in specie;

and when this is entirely withdrawn from the State banks, and the banks

are unable to pay the money for their bills, who does not see that this

confidence is instantly destroyed--that the bubble bursts--that floods

of paper bills will be poured in upon them, which they will be unable

to meet, and which will for a time be as worthless as oak leaves--that

the banks themselves must, at least temporarily, become bankrupts, and

that a prostration of credit, and all those habits of punctuality which

for twenty years, we have been striving so successfully to establish,

will inevitably ensue, and, with them, also, there must be suspended

the commerce, the industry and manufactures of the country; and a

scene of embarrassment and derangement be produced, which has been

unexampled in our history.

I will now make a very few remarks on the effects which the dissolution

of the bank will have on the revenue and fiscal concerns of the

country. Can it be supposed, sir, that the source to which will be

imputed the distress that will have flowed from this event, will be

the first to be thought of to be guarded against a participation of

the evils that will result from it, in preference to the claims of

the most intimate friends and connections? No, sir, the bonds due to

the United States will be collected only at the tail of an execution.

But I mean not to press this consideration. Admit, for a moment,

that they will all be equally well collected--that they will be paid

as usual, although it is palpable that for a considerable time the

merchants will be unable to find the means to pay them: yet, admit,

sir, that the money is collected in the State banks, how is it to be

transmitted? It must come to the centre of the seat of Government; very

little of the public money is expended in the Northern section of the

Union. Will it come from the Eastward, in bills of the State banks?

Penobscot bank bills sometimes will not pass in Boston; Boston bills

pass with difficulty in New York or Philadelphia; and the bills of New

York State banks probably would not be readily current in Washington.

You must, then, sir, if Boston gives you a revenue of two millions of

dollars, transmit the greater part of it to the seat of Government, or

wherever it may be wanted in specie. Can this be done? We have not two

millions of dollars of specie in our town, and, I may almost venture

to say, never had. Suppose you make this transmission once, can you

do it a second time? No, sir, the thing is utterly impracticable. You

must adopt some other mode. Exchange between the different cities will

not reach the case; frequently it cannot be purchased even for an

insignificant amount.

Sir, will your money, when collected, be safe in the State banks? Of

this I am extremely doubtful. Solicitations will undoubtedly be made

for it from all quarters. They have already been made. In one instance,

I am told, sir, the agent of a bank, even during the few past weeks,

has been here for the purpose--that suddenly the agent was gone, and in

a few days it was discovered that, owing to the failure of one of the

debtors to the bank which he represented, (a great broker,) the stock

had fallen in one day near 20 per cent. What was this the evidence of,

but that those who were most interested in this bank, the stockholders

who were on the spot, and best acquainted with its solidity, were

willing to wash their hands of their concern in it, at almost any rate

of sacrifice? Sir, I only state this, as it was here reported. I have

no personal knowledge on the subject. But will you trust your funds

with an institution thus precarious, and whose solidity is distrusted

even by its best friends?

WEDNESDAY, February 13.

The credentials of NICHOLAS GILMAN, appointed a Senator by the

Legislature of the State of New Hampshire, for the term of six years,

commencing on the 4th day of March next, were read, and ordered to lie

on file.

THURSDAY, February 14.

_Bank of the United States._

The Senate resumed, as in Committee of the Whole, the bill to amend

and continue in force an act, entitled "An act to incorporate the

subscribers to the Bank of the United States," passed on the 25th of

February, 1791.

Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 4 (of 16) · 第 101 / 377 题