NEW SERIES. NO. 4 VOL. IV.] BALTIMORE, MARCH 20, 1819. [No. 4—Vol. XVI. WHOLE NO. 394 THE PAST THE PRESENT FOR THE FUTURE. PRINTED AND PUBLISHED BY H. NILES, at $5 per aNNUM, PAYABLE IN ADVANCE. Our duty this week renders us simple record-, truth of what we have advanced,as if its "proof were ers of things-a continuation of the journal of con- drawn from holy writ," but are fearful of a want of gress, highly important to be preserved; the long power to impress them upon the minds of others as opinion of the supreme court of the United States they ought to be impressed; knowing also, the open about the bank,with an abstract of the opinion of the force and secret influence of those to whom we are same respecting the state insolvent laws; part of the opposed, and foreseeing that the press will be neardocuments belonging to the report of the senate, re-ly muzzled upon this subject, as it was on many that specting the conduct of gen. Jackson, (to be im-came before the people in the years '98, '9 and 1800. mediately followed by those attached to the stric- But we are not without hope, that men will rise up, tures on that report, as published in our last)-so fill with tongue and pen as if touched by a "living coal," our pages that room is not left for much else, and to bring about another recurrence to original neither of these could have been properly post-principles, to whom we offer our humble services, poned, though many interesting articles have long if questions respecting individuals are not discussed, been waiting a place in the REGISTER. -for we will not have any thing whatsoever to do with them. Mr. Lacock is about to publish a reply to the The opinion demands attentive perusal. Every cistrictures on the report of a committee of the senate tizen of the United States ought to read and consito whom was referred so much of the president's der it, for every man of common understanding has message as related to the Seminole war. It is pro- a right to be able to comprehend its arguments. If bable that this reply will be replied to, and we shall he cannot comprehend them, they are ulty-the be under the necessity of inserting both: we then constitution was made for the ople, no for lawyers intend to stop-so much has been said on this sub-only; and whatever belongs to it should be laid be ject that the people are weary of it, not seeing any good that can come out of the discussion, in the present state of affairs. fore them in the plain language of truth, without sophistication: the liberties of the people of this republic cannot be presumed to depend upon extreme interpretations of the instrument which they framed The title page and index for the last volume may the better to define and secure them. We frankly be expected next week, and in about ten days confess our opinion, that the writer of the opinion in thereafter, we hope to finish the large supplement question, has not added any thing to his stock of rewhich is printing for it. When these are done, we putation by writing it-it is excessively labored. shall fill up the lapse of eight pages that was made "Sovereignty of the states, No. 2” shall be insertbetween the first and second numbers of the pre-ed next week-if practical, as consistent with the sent volume, which was caused for a peculiar pur-general course of our business; in which we intend pose. to examine some of the points as supposed to be settled by the supreme court. The decision of the supreme court about the bank of the United States, is more important than [Journal continued from the supplement to the last number] any ever before pronounced by that exalted tribu-essential laws. He would like exceedingly to contrast the ob instrument of preventing the passage of what might be thought nal-a tribunal so far removed from the people, that jections urged against the reception of the Venezulean minister some seem to regard it with a species ofthat awful re- with the more forcible and stronger personal ones that lay to the verence in which the inhabitants of Asia look up to terest which he heretofore had felt, and still felt, in the success of reception of the present Spanish minister. But, deep as the intheir princes. This court ought, doubtless, to be re-that great struggle to the south, he must, for the reasons assigned, spected, as every other public functionary, in the Should it be necessary at another session, and should he have the forbear to press any proposition upon the house at present. discharge of his official duties, should be-and may honor of a seat on this floor then, he pledged himself to bring up also, especially claim our regard from the talents the subject, unless adverse causes should render it highly inexpeconcentrated in it--but we have yet to learn that The committee then rose, and reported the two bills it had its members are superior to the common feelings had under consideration; and, after sitting nearly six hours, thứ and frailties to men, and that they cannot be mishouse adjourned. taken. dient. Thursday, Feb. 11. Charles Fisher, a representative from North Carolina, in the place of George Mumford, deceased, appeared, was qualified, and took his seat. States. a The opinion before us establishes the broad prinOn motion of Mr. Williams, of North Carolina, the committee ciple that congress may grant monopolies, almost at on military affairs, were discharged from the further consideration discretion, to any set of men and for almost any pur-of the resolution submitted by him some days ago, directing au pose, if the price is paid for them, or without any enquiry into the expediency of reducing the army of the United pecuniary consideration at all. Any branch of the Mr. W. stated that he made this proposition with the view of revenue, any peculiar trade, any business with fo-moving to-morrow to instruct the military conmittee to bring in reign countries or in foreign products, may be farmed out, as such things were in France before the revolution! There cannot be a doubt that this The house took up and proceeded to consider the amendments power exists-in the opinion of the supreme court, reported by the committee of the whole house, to the bill making as spread before us. Those who are content that con-appropriations for the support of government for the year 1819. gress shall have such an unlimitsed power, will say The first question was on concurring in the amendment which aye; those opposed to it will say no. States' road from Cumberland in Maryland, to the Ohio river, 285,000 dollars." bill to reduce the army, on which motion the sense of the house could be ascertained, and while the house was engaged on the bauk subject, the committee could be preparing the bill, if they should be so instructed. proposed to insert the following item: "for completing the United Mr. Bassett spoke at some length against this appropriation. Mr. Taylor, after supporting his motion by several arguments, proposed to add the following amendment: It was an ardent zeal for the good of our country, ratlier than a matter of calculation how far we were able to support the constitution, that impelled us to commence a series of remarks on the principlesing roads to the state of Ohio, by virtue of the act, entitled "an of this decision. We are just as well satisfied of the VOL. XVI.-6. To be rep it out of the fund reserved for laying out and, mak act to enable the people of the eastern division of the territory north west of the river Ohio, to form a constitution and state goverument, and for the admission of such state into the Union on an equal footing with the original states, and for other purposes." The amendment was opposed by messrs. Tucker, of Pa. Storrs, and Spencer, and supported by the mover and by mr. Auderson, all of whom went incidentally somewhat into the general question of the appropriation, The anieudment was finally agreed to; and the question was then taken on the amendment reported by the committee of the whole as amended, and decided in the affirmative, by yeas and Days, as follows: YEAS-Messrs. Abbot, Anderson of Ky. Barber, of Ohio, Bay.. ley, Beecher, Bloomfield, Campbell, Colston, Crawford, Cruger, Cushman, Davidson, Desha, Drake, Fuller, Gilbert, Hall, of Del. Harrison, Hendricks, Herbert, Herrick. Hitchcock, Holmes, HosLetter, Hubbard, Hauter, Johnson of Ky, Jones, Kinsey, Lincoln, Lian, Lace, Livermore, Lowndes, M'Lane of Del. M'Lan, of Ill. Blason, of Mass. Mercer, Middleton, Mills, Samuel Moore, Moseley, Murray, Jer. Nelson, Nesbitt, New, Newton, Ogden, Parrott, Pat-, terson, Pindall, Poindexter, Porter, Quarles, Reed, Rice, Rich, Ringgold, Robertson, Ruggles, Schuyler, Seybert, Sherwood, Silsbee, Sikins, S. Smith, Bal. Smith, Speed, Storrs, Strother, Stuart, of Md. Tarr, Taylor, Terrell, Terry, Trimble, Tucker, Va. Upham, Walker, Ky. Wallace, Westerlo, Whitman-82. After an unsuccessful motion by mr. J. S. Smith to recommit the bill for the purpose of increasing the salaries of the district judges, The bill was ordered to be engrossed, and the house adjourned. Friday, Feb. 12. Among the petitions presented and referred this morning, was on by Mr. Mason, of Mass. from Benjamin Dearborn, of Boston, stating that he has invented a mode of propelling wheel carriages by steam, well calculated for the chaveyance of the mail and any number of passengers, and which will be per fectly secure from robbers on the high way-and praying that congress may direct an experiment to be made, to test the utility of the invention Mr. Taylor, from the committee of revisal and unfinished business, reported a bill concerning the allowance of pensions upon a relinquishment of bounty land; which was read twice, and ordered to be engrossed for a third reading. Mr. Herbert, from the committee on the district of Columbis, reported a bill concerning the banks of the District of Columbia. [Providing for the consolidation of the several banks of the district into two in each town.] The bill was twice read and laid on the table. Mr. Livermore, from the committee on the post office and post. roads, reported a bill freeing from postage letters and packets to and from certain officers of agricultural societies; which was twice read and laid on the table. On motion of Mr. Poindexter, it was present session. The engrossed bill making appropriations for the support of government for the year 1819, was read the third time, passed, and sent to the senate for concurrence. NAYS-Messrs. Adams, Anderson, of Pa, Austin, Baldwin, Ball, Barbour of Va. Bassett. Bennett, Blount, Boden, Burwell, Cla- Resolved, That a committee be appoited jointly with such comgett, Comstock, Cook, Crafts, Darlington, Edwards, Ellicott, mittee as may be appointed by the senate, to enquire what subFisher, Floyd, Garnett, Hale, Hall, of N. C. Hasbrouck, Herki-jects before the two houses it will be proper to act on during the mer, Hiester, Hogg, Hopkinson, Huntington, Irving, of N. Y. Johnson, ut Va. Kirtland, Lawyer, W. Maclay, M Coy, Marchand, Mason R 1. Merrill, Robert Moore, Morton, H. Nelson, Orr, Paimer, Pawling, Pegram, Pitkin, Rhea, Richards, Rogers, Samp son, Savage, Sawyer, Scudder, Sergeant, Settle, Slocumb, J. S. Smith, Southard, Spencer, Stewart, N. C. Tallmadge, Tompkins, Townsend, Tucker, S. C. Tyler, Wendover, Whiteside, Williams, Conn. Willams, N. Y. Williams, N. C. Wilson, Pen.-71. Mr. Taylor then moved the same amendment, to come in after the appropriation of 250,000 dollars for discharging claims due and becoming due under existing contracts for making said road; which was agreed to nem, con. The bill from the senate to increase the salaries of certain officers of the government, was read the third time, as amended by the house, and the question on its passage decided, by yeas and nays, as follows: YEAS-Messrs. Adams, Allen, Mass. Anderson, Ken. Barber, Ohio, Bassett, Beecher, Blount, Butler, Lou. Clagett, Cobb, Colston, Comstock, Cruger Cushman, Darlington, Davidson, Ellicott, Fisher, Floyd, Fuller, Hale, Hall, Del. Herbert, Hitchcock, Holmes, Hopkinson, Hubbard, Johnson, Ken. Kinsey, Kirtland, Lawyer, Lin coln, Little, Liverinore, M'Lane, Del. Mason, Mass. Mercer, Middle Mr. Johnson, of Virginia, then offered an amendment, which, after some discussion, in which mr. J. supported by mr. Smith, of Md. and mr. Lowndes, made some remarks, principally explanaton, Mills, Moseley, Jer. Nelson, Nesbitt, Newton, Ogden, Palmer tory, was agreed to, as follows "For a deficiency in the appropriations of former years for the payment of expenses on foreign intercourse, including losses on drafts and the difference of exchange, 25,000 dollars." This item as it originally stood in the bill read For a deficiency in the appropriation for the year 1818 for consingent expenses of said missious-(Rio Janeiro, Madrid, London, Hague, and Stockholm.) 25,000 dollars. Parrott, Pawling, Pindall, Pitkin,Pleasants, Poindexter, Quarles," Rhea, Rice, Rich, Ringgold, Robertson, Ruggles, Schuyler, Seybert, Sherwood, Silsbee, Simkins, S. Smith, Alex. Smyth, Spen cer, Storrs, Stuart, Md. Taylor, Terry, Wendover, Westerlo, Whitman, Wilkin, Williams, Con. Wilson, Mass.--76. NAYS.-Messrs. Austin, Ball, Barbour, Vir. Bateman, Bayley, Bennett. Boden, Burwell, Campbell, Cook, Crafts, Culbreth, Desha, Edwards, Garnett, Gilbert, Hall, N. C. Hendricks, Herki clay, W. P. Maclay, M'Coy, Marchand, Merrill, Roht. Moore, Sam. Moore, Morton, H. Nelson, Patterson, Pegram, Richards, Rogers, Sampson, Savage, Scudder, Settle, Shaw, Bal. Smith, Southard, Stewart, N. C. Strother, Tarr, Tompkins, Tucker, S. C. Tyler, Walker, N. C. Wallace, Whiteside, Williams, N. Y. Williams, N. C. Wilson, Pen.-56. Mr. Johnson, of Virgina, moved to reduce the contingent ap-mer, Herrick, Huntington, Johnson, Va. Linn, M.Lean Ill. W. Mapropriation for defraying the expenses attending intercourse with foreign nations (generally called the secret service fund) from 50,000 to 30,000 dollars; which motion mr. J. supported at some length, and replied to by messrs. Smith, of Md. and Lowndes, and was finally agreed to-ayes 70, noes 54. The bill was ordered to be engrossed for a third reading, and the house proceeded to the consideration of the amendments reported by the committee of the whole to the bill to increase the salaries of certain officers of the government, viz.-to increase al so the compensation of the chief justice and judges of the supreme court. Considerable debate again took place on this amendment, in which messrs. Holmes, Hopkinson, Livermore and Mills, participated. The amendment was finally concurred in by a large majority. Mr. Strother then moved the indefinite postponement of the bill, which motion he supported in a speech of considerable length, a gainst the bill; and was replied to briefly by mr. Johnson, of Ky. when the question was taken on postponing the bill indefinitely and decided in the negative, by yeas and ways, as follows So the bill was passed, and returned to the senate for concur rence in the amendments. Mr. Williams, of N. C. agreeably to the intimation which he gave yesterday, submitted the following resolution: Resolved, That the military peace establishment of the United States shall consist of such proportions of artillery, infantry, and riflemen, not exceeding in the whole 6,000 men, as the president of the United States shall judge proper; and that the committee on military affairs be instructed to report a bill for that purpose. Mr. Williams supported his proposition in a speech nearly two hours in length. Mr. Harrison, of Ohio, replied, and spoke also at considerable length against the proposition to reduce the army. When he had concluded the question, which the lateness of the hour opposed to-day, mov- YEAS-Messrs. Austin, Ball, Barbour of Va. Bateman; Bayley, Bennett, Burwell, Campbell, Cook, Crafts, Culbreth, Davidson, Desha, Edwards, Folger, Garnett, Hall of N. C. Hasbrouck, Hered kimer, Herrick, Hogg, Hunter, Huntington, Johnson, of Va. Linn, M'Lane of Ill. W. Maclay, W. P. Maclay, M'Coy, Merrill, Robert Moore, Morton, Murray, H. Nelson, Patterson, Pegram, Richards, Rogers, Sampson, Savage, Sawyer, Scudder, Settle, Shaw, Slocunib, Bal. Smith, J. S. Smith, Southard, Speed, Stewart N. C. Strother, Tarr, Tompkins, Townsend, Tucker of S. C. Tyler, Walker of Ky. Williams of N. Y. Williams of N. C 59. NAYS-Messrs. Abbot, Adams, Allen of Mass. Baldwin, Barber, of bio, Bassett, Beecher, Bloomfield, Butler, of Lou. Clagett, Cobb, Colston, Comstock, Crawford, Cruger, Cushman, Darling, ton, Earle, Ellicott, Ervin of S. C. Fisher, Floyd, Fuller, Gage, Hale, Hall of Del. Harrison, Herbert, Hitchcock, Holmes, Hop kinson, Hostetter, Hubbard, Irving of N. Y. Johnson of Ky.Jones, Kinsey, Kirtland, Lawyer, Lincoln, Little, Livermore, Lowndes, M'Lane Dl. Mason, Mass. Mason of R. 1. Mercer, Middleton Mills, Samuel Moore. Mosely, Jer. Nelsou, Nesbitt, Ogden, Orr, Palmer, Parrott, Pawling, Pindall, Pitkin, Pleasants, Poindexter, Porter, Reed, Rhea, Rice, Rich, Ringgold, Robertson, Ruggies, Schuyler, Sergeant, Seybert, Sherwood, Silsbee, Simpkins, S. Smith, Spencer, Storrs, Tallmadge, Taylor, Terrell, Terry, Tue. Rer Va. Upham, Wallace, Wendover, Westerlo. Whitman, Wilkin, Williams, Conn. Wilson, of Mass. Wilson of Pa.-93. Mr. Whitman then renewed the motion which he had made in committee of the whole, to increase the salaries of the assistant post masters general to 2500 dollars, and supported his motion by reference to sundry facts, to prove its necessity. The motion was agreed to, and, Saturday, Feb. 13. The engrossed bill concerning the allowance pensioners upon a relinquishment of bounty lands, was passed and sent to the senate, to The bills from the senate providing for a grant of land for the seat of government of the state of Mississippi; and for the support of a seminary of learning within the said state; and authorizing the president of the United States to purchase the lands reserved by the act of the 3d of March, 1817, to certain chiefs and warriors or other Indians of the Creek nation, were severally read the third time, passed and returned to the senate. The bill supplementary to the acts concerning the coasting trade; and the bill for the erection of an equestrian statue of the late gen. George Washington, on the capitol square, were receiv ed from the senate, and severally twice read; the first was referred to the committee of ways and means, and the second committed to a committee of the whole house. The house then proceeded again to the consideration of the resolution offered by Mr. Williams, of N. C. to reduce the army of the United States. Mr. J. S. Smith, of N. C. moved to amend the resolution by adding thereto the following: Resolved, That the act or acts of congress authorizing the appointment of two major generals be repealed, and that the office of major general, in the military peace establishment of the United States, be dispensed with. Resolved, That the residue of the staff of the army of the United Mr. Simkins took the floor in opposition to the resolutions, and spoke nearly an hour against reducing the army. Mr. Sawyer spoke a short time in favor of the resolutions. Mr. Storrs opposed the resolutions, and replied at some length to the advocates of th proposition. Mr. Livermore spoke briefly in favor of reducing the army. Mr. Johnson, of Ky. opposed it, and spoke a short time in answer to those who advocated the reduction. Mr. Holmes, after stating that there were but fifteen days remaining of the session, &c. moved that the resolutions, &c. be laid on the table. whole, Mr. Smith, of Md. in the chair, on the bill to authorize the people of the Missouri territory to form a constitution and state government, and for the admission of the same into the union, The question being on the proposition of Mr. Tallmadge, to amend the bill by adding to it the following proviso: "And provided, That the further introduction of slavery or involuntary servitude, be prohibited, except for the punishment of crimes whereof the party shall have been fully convicted; and that all children born within the said state, after the admission thereof into the union, shall be free at the age of twenty five years.” The debate which commenced on Saturday, was to-day resumed on this proposition; which was supported by Mr. Taylor, Mr. Mills, Mr Livermore, and Mr. Fuller, and opposed by Mr. Barbour, Mr. Pindati, Mr. Clay, and Mr. Holmes. This debate, which was quite interesting, involved two questions; The question was then taken on laying the resolutions on the one of right, the other of expediency. Both were supported by table, and decided in the affirmative, as followsthe advocates of the amendment, and generally opposed by it a YEAS-Messrs. Abbot, Anderson, Ky. Baldwin, Barbour, Va. opponents. On the one hand, it was contended that congress had Bassett, Bennett, Butler, of Lou. Clagett, Clairborne, Comstock, no right to prescribe to any state the details of its government, Crawford, Cruger, Culbreth, Davidson, Folger, Harrison, Has any further than it should be republican in its form; that such a broack, Herrick, Hitchcock, Holines, Hopkinson, Hunter, Irving, power would be nugatory, if exercised, since, once admitted into N. Y. Johnson, Va. Johnson, Ky. Jones, Kinsey, Lawyer, Lewis, the union, the people of any state have the unquestioned right tờ Lincoln, Linn, Little, M'Lane of D.1. M'Lean of Ill. M'Coy, Mer-a-mend their constitution of government, &c. rill, Middleton, Samuel Moore, H. Nelson, New, Newton, Ogden, Parrott, Pawling, Pegram, Pleasants, Poindexter, Porter Rhea, Rich, Ringgold, Robertson, Sergeant, Seybert, Simkins, S. Smith, Ba Smith, Southard, Speed, Storrs, Strong, Tallmadge, Terrell, Tompkins, Trimble, Tucker of Va. Tyler, Upham, Walker of Ky. Wendover, Wilkia.-71. On the other hand, it was as strongly contended that congress had the right to annex conditions to the admission of any new state into the union; that slavery was incompatible with our republican institutions, &e. Besides the above gentlemen, Mr. Harrison and Mr. Hendricks spoke on points incidentally introduced into the debate. The question being put on the motion of Mr. Tallmadge, to For the amendment Against it So the amendment was agreed to. NAYS-Messrs. Adains, Allen, Mass. Ball, Bayley, Beecher, Bellinger, Boden, Burwell, Campbell, Cobb, Colston, Cook, Darling-amend the bill, the vote was ton, Desha, Earle, Edwards, Fisher, Gage, Garnett, Gilbert, Hale, Hall of Del. Hall of N. C. Hendricks, Herbert, H rkimer, Hiester, Hogg, Hostetter, Huntington, Livermore, W. Maclay, W. P. Maclay, Marchand, Mason of R. I. Mercer, Mills, Robt. Moore, Murray, Jer. Neison, Orr, Patterson, Rice, Richards, Sampson, Savage, Sawyer, Scudder, Settle, Shaw, Sherwood, Slocanb, J. S. Smith, Stewart of N. C. Stuart of Md. Taylor, T-rry, Tucker of S. C. Walker of N. C. Whiteside, Whitman, Williams of Conn. Williams of N. Y. Williams of N. C. Wilson of Mass. Wilson of Pa.-66. So the resolutions were laid on the table. The house then, on the motion of Mr. Scott, resolved itself into a committee of the whole, Mr. Smith, of Md. in the chair, on the bills to enable the people of the territories of Missouri and Alabama to form state governments. The bill relating to the Missouri territory was the first in or der, and the first taken up. 79 67 The house then proceeded in the further consideration and maturing of the provisions of the bill; which occupied the house until the usual hour of adjournment. Tuesday, Feb. 6.-Several cills passed through different stages of their progress. Mr. Williams, of North Carolina, moved to proceed again to the consideration of the proposition to reduce the army; which motion was rejected by a majority of about 10 votes. The house then proceeded to the consideration of the amend ments reported by the committee of the whole to the bill for authorising the people of the territory of Missouri to form a constitution and state government, and for the admission of the same into the Union. [The amendments was agreed to, slavery prohibited in the proposed state-see the particulars in the last volume, page 478. This business and the debates upon it occupied the remainder of the The committee were busily occupied until half past 4 o'clock, in maturing the details of this bill, and discussing propositions for its amendment; in which Messrs. Scott, Robertson, Mills, Harday.] rison, Anderson, of Ky. Desha, Tallmadge, Clay and Barbour, Wednesday, Feb. 17. Mr. Wendover presented a memorial of participated. the chamber of commerce of the city of New York, praying that In the course of the consideration, Mr. Tallmadge moved an no measure may be adopted tending to dissolve the charter of the amendment, substantially, to limit the existence of slavery in the bank of the United States, but that the evils alleged may be cor new state, by declaring all free who should be born in the territo-rected, and the bank permitted to continue its operations; and ry after its admission into the union, and providing for the gradu. Mr. Tyler presented a similar memorial from sundry citizens of al emancipation of those now held in bondage. the city of Richmond; both of which memorials were read and res This motion gave rise to an interesting and pretty wide debate,ferred to the committee of the whole house, to whom was comin which the proposition was supported by the mover, and by mitted the report on the bank, &c. Messrs. Livermore and Mills; and was opposed by Messrs. Clay, (Speaker) Barbour and Pindall; but before any question was taken, The committee rose; and the house adjourned. Monday, Feb. 15.-The speaker laid before the house a letter from the treasurer of the U. States, transmitting statements of his accounts; which letter and statements were ordered to lie on the table. The bill from the senate, "supplementary to the acts concerning the coasting trade," which had been referred to the committee of ways and means, was reported by mr. Smith, of Md. without amend ment. [This bill, it will be recollected, proposes to divide the sea coast and rivers therein, into four districts, as heretofore stated in detail] This motion gave rise to a discussion of the merits of the bill. as well as the particular proposition; in which messrs. Silsbee, Orr, Smith of Md. Livermore, and Whitman, took part; and the de bate had proceeded for some time, when Mr. Silsbee moved an amendment to the bill, which proposed, in effect, to divide the sea coast of the United States into two dis Among the memorials presented to-day was the following: tricts, instead of four, as contemplated by the bill; the first dis By Mr. Sergeant, the petition of sundry merchants of Philadel trict to extend from the eastern limits of the United States, to the phia, stating, that, late in the year 1806, they made large ship-southern limits of Georgia; the 2d district from the river Perdido meurs in American and colonial produce from ports of the United to the western limits of the Unite States. States to the port of Antwerp, in France; that the vessels in which their shipments were made were carried into England, under the Orders in Council of Great Britain, and, after being subjected to illegal duties, were released; that, upon their arrival at the port of Antwerp, the ships with their cargoes, were seized under the de crees of France, commonly called the Berlin and Mi'an decrees, and were sold, and the proceeds paid into treasury of France; that all their efforts to obtain redress have been unavailing, and praying that such measures may be adopted by the government of the U. States as will induce that of France to grant them compensation for their property, as well as for its detention. Mr. Trimble, to give further time for considering a proposition so important in its character, moved to lay the bill on the tables which motion prevailed, and The bill was laid on the table. Mr. Spencer, from the committee appointed on the 19th of April last, to enquire into the official conduct of Wm. P. Van Ness and of Matthias B. Tallmadge, judges of the southern and northern districts of New-York, and of William Stephens, judge of the dis the two first named gentlemen; which was read, and ordered to lie on the table and be printed. The memorial was read, and referred to the secretary of state. A petition was also presented by Mr. Pindall, from sundry inha-trict of Georgia, made a report, touching the official conduct of bitants of the state of Virginia, praying to be permitted to settle on Columbia river, in the Missouri territory, at a point below the head of the navigation on said river; and referred to the committee on public lands. A memorial was presented, also, by Mr. Speaker, from George Williams, explanatory of his conduct as a director, on the part of the government, of the bank of the United States; which was read and ordered to lie on the table. Mr. Smith, of Md. reported a bill making an appropriation for carrying into eff et the provisions of an act passed on the 1st day of March, 1817, "making reservation of certain public lands to supply timber for naval purposes;” which was twice read and committed. Mr. Johnson, of Ky reported a bill for establishing an additional military academy, and a military school of application; which was twice read and committed. The house having again resolved itself into a committee of the Several bills passed through different stages, or were passed. The engrossed bill to authorize the people of the territory of Missouri 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, was read the third time and passed, and sent to the senate. The house then resolved itself into a committee of the whole, Mr. Smith, of Md. in the chair, on the bill to provide a territorial government for the southern part (the Arkansaw country) of the Missouri territory. Mr. Taylor, ci New York, moved to amend the bill by inserting a clause (similar to that incorporated, on the motion of Mr. Tallmadge, in the Missouri bill) to prohibit the existence of slavery in the new territory. This motion gave rise to a wide and long continued debate, covering part of the ground previously occupied on this subject, tive powers of those who are equally the represen but differing in part, as the present proposition was to imposter with much animation, until near 4 o'clock. The question was finally taken on the first part of the motion (it having been divided) in the following words: "That the further introduction of slavery or involuntary servitude be prohibited, except for the punishment of crimes, of which the party shall have been duly convicted;" And was decided in the negative, Against it 69 80 The remaining part of the proposition to declare all the children free after 25 years of age, who shall be hereafter born in the territory, was negatived without a division. tatives of the people, to be adjusted, if not put at rest by the practice of the government, ought to receive a considerable impression from that practice. An exposition of the constitution, deliberately established by legislative acts, on the faith of which an immense property has been advanced, ought not to be lightly disregarded. The power now contested was exercised by the first congress elected under the present constitution. The bill for incorporating the bank of the United States did not steal upon an unsuspecting legislature and pass unobserved. Its principle was completely understood, and was opposed with equal zeal and ability. After being resisted first in the fair and open field of debate, and afterwards in The committee then proceeded with the bill, and having gone the executive cabinet, with as mich persevering through it, next took up the bill For enabling the people of Alabama to form a constitution and talent as any measure has ever experienced, and state gevernment, and for the admission of the same into the being supported by arguments, which convinced union on a footing with the original states. Much time was busily employed by the committee in receiving minds as pure and as intelligent as this country can and disposing of various amendments proposed to the details of boast, it became a law. The original act was perthis bill, and in considering and deciding on its provisions-Messrs.mitted to expire, but a short experience of the emCrowell, Poindexter, Cobb and others entered into the discussion barrassments to which the refusal to revive it exposThe committee negatived one or two motions to rise, and perseed the government, convinced those, who were vered through the bill, when most prejudiced against the measure, of its necessi ty, and induced the passage of the present law. It would require no ordinary share of intrepidity to assert that a measure adopted under these circumstances was a bold and plain usurpation, to which the constitution gave no countenance. The committee rose, and reported both bills to the house, with the amendinents made thereto; and, at near 5 o'clock, The house adjourned. TO BE CONTINUED. Bank of the United States. VS. of Maryland. The chief justice delivered the opinion of the court: These observations belong to the cause; but they are not inade under the impression that, were the question entirely new, the law would be found irreconcileable with the constitution. states. In discussing this question, the counsel for the In the case now to be determined; the defendant, state of Maryland have deemed it of some impor a sovereign state, denies the obligation of a law en-tance in the construction of the constitution, to conacted by the legislature of the union, and the plain-sider that instrument not as emanating from the tiff, on his part, contests the validity of an act which people, but as the act of sovereign and independent has been passed by the legislature of that state.The powers of the general government, it The constitution of our country, in its most interest-has been said, are delegated by the states, who ing and vital parts, is to be considered; the conflict-alone are truly sovereign, and must be exercised in ing powers of the government of the union and of subordination to the states, who alone possess suits members, as marked in that constitution, are to preme dominion. be discussed; and an opinion given, which may es- It would be difficult to sustain this proposition.sentially influence the great operations of the go- The convention which framed the constitution was vernment. No tribunal can approach such a ques-indeed elected by the state legislatures. But the tion without a deep sense of its importance, and of instrument, when it came from their hands, was a the awful responsibility involved in its decision.-mere proposal, without obligation, or preetnsions to But it must be decided peacefully, or remain ait. It was reported to the then existing congress source of hostile legislation, perhaps of hostility of the United States, with a request that it might "he a still more serious nature, and if it is to be so decid-submitted to a convention of delegates, chosen in ed, by this tribunal alone can the decision be made. each state by the people thereof, under the recom On the supreme court of the United States has the constitution of our country devolved this important duty. The first question made in the cause is, Has congress power to incorporate a bank? sof mendation of its legislature, for their assent and ratification." This mode of proceeding was adopted; and, by the convention, by congress, and by the state legislatures, the instrument was submitted to the people. They acted upon it in the only manner It has been truly said, that this can scarcely be on which they can act safely, effectively and wisely, considered as an open question, entirely unpreju- | in such a subject, by ass embling in convention. It diced by the former proceedings of the nation re-istrue, they assembled in their several states-and specting it. The principle now contested was in- where else should they have assembled? No politroduced at a very early period of our history, has been recognized by many successive legislatures, and has been acted upon by the judicial department in cases of peculiar delicacy, as a law of undoubted obligation. It will not be denied, that a bold and daring usur- do not, on that account, cease to be the measures of pation might be resisted, after an acquiescence still the people themselves, or become the measures longer and more complete than this. But it is con- the tate governments. ceived that a doubtful question, one on which hu-| From these conventions the constitution derives man reason any pause and the human judgment be its whole authority. The government proceeds di suspended, in the decision of which the great prin-rectly from the people: s ordained and establish ciples of berty are not concerned, but the respec-led" in the name of the people; and is declared to tical dreamer was ever wild enough to think of breaking down the lines which separate states, and of compounding the American people into one com mon mass. Of consequence, when they act they But the measures they adopt act in their states. of be ordained "in order to form a more and perfect The government of the United States, then, union, establish justice, ensure domestic tranquili- though limited in its powers, is supreme; and its ty, and secure the blessings of liberty to themselves laws, when made in pursuance of the constitution, and their posterity." The assent of the states inform the supreme law of the land, "any thing in the their sovereign capacity is implied in calling a con- constitution or laws of any state to the contrary notvention, and thus submitting that instrument to the withstanding." people. But the people were at perfect liberty to Among the enumerated powers, we do not find accept or reject it; and their act was final. It re-that of establishing a bank or creating a corporation. quired not the affirmance, and could not be nega. But there is no phrase in the instrument which, like tived, by the state governments. The constitution, the articles of confederation, excludes incidental or when thus adopted, was of complete obligation, and implied powers; and requires that every thing grantbound the state sovereignties. ed shall be expressly and minutely described. Even It has been said, that the people had already sur-the 10th amendment, which was framed for the purrendered all their powers to the state sovereignties, pose of quieting the excessive jealousies which had and had nothing more to give. But surely the ques-been excited, omits the word "expressly," and detion whether they may resume and modify the pow-clares only that the powers," not delegated to the crs granted to government does not remain to be United States, nor prohibited to the states, are resettled in this country. Much more might the le-served to the states or to the people," thus leaving gitimacy of the general government be doubted, the question, whether the particular power which had it been created by the states. The powers de- may become the subect of contest has been delegated legated to the state sovereignties were to be exer-to the one government, or prohibted to the other, cised by themselves, not by a distinct and indepen-to depend on a fair construction of the whole instrudent sovereignty, created by themselves. To the ment. The men who drew and adopted this amendformation of a league such as was the confedera- ment had experienced the embarrassment resulting tion, the state sovereignties were certainly compe-from the insertion of this word in the articles of conBut when in order to form a more perfect federation, and probably omitted it to avoid those union," it was deemed necessary to change this al-embarrassments. A constitution, to contain an acliance into an effective government, possessing curate detail of all the subdivisions of which its great great and sovereign power and acting directly on powers will admit, and of all the means by which the people, the necessity of referring it to the peo-they may be carried into execution, would partake ple, and of deriving its powers directly from them, of the prolixity of a legal code, and could scarcely was felt and acknowledged by all. be embraced by the human mind. It would probably tent. The government of the union, then, whatever never be understood by the public. Its nature, may be the influence of this fact on the case, is, em- therefore, requires that only its great outlines should phatically and truly, a government of the people.-be marked, its important objects designated, and In form and in substance it emanates from them.-the minor ingredients which compose those objects Its powers are granted by them, and are to be exer-be deduced from the nature of the objects themcised directly on them, and for their benefit. selves, That this idea was entertained by the fra This government is acknowledged by all to be mers of the American constitution, is not only to be one of the enumerated powers. The principle that inferred from the nature of the instrument, but from it can exercise only the powers granted to it, would the language. Why else were some of the limitaseem too apparent to have required to be enforced tions, found in the ninth section of the 1st article, by all those arguments which its enlightenedfriends, introduced? It is also, in some degree warranted by while it was depending before the people, found it their having omitted to use any restrictive term necessary to urge, That principle is now univer-which might prevent its receiving a fair and just sally admitted, But the question respecting the interpretation. In considering this question, then, extent of the powers actually granted, is perpetual- we must never forget that it is a constitution we are ly arising, and will probably continue to arise as long expounding. as our system shall exist. Although, among the enumerated powers of In discussing these questions, the conflicting pow-government, we do not find the word "bank" or ers of the general and state governments must be "incorporation," we find the great powers to lay and brought into view, and the supremacy of their re-collect taxes, to borrow money, to regulate comspective laws, when they were in opposition, must merce, to declare and conduct a war, and to raise be settled. and support armies and navies. The sword and the If any one proposition could command the univer-purse, all the external relations, and no inconsisal assent of mankind, we might expect it would be derable portion of the industry of the nation, are this-that the government of the union, though li- entrusted to its government. It can never be premited in its powers, is supreme within its sphere of tended that these vast powers draw after them action. This would seem to result necessarily from others of inferior importance, merely because they its nature. It is the government of all; its powers are inferior. Such an idea can never be advanced. are delegated by all; it represents all, and acts for But it may with great reason be contended, that a all. Though any one state may be willing to con-government, entrusted with such ample powers, trol its operations, no state is willing to allow others on the due execution of which the happiness and to control them. The nation, on those subjects on prosperity of the nation so vitally depends, must which it can act, must necessarily bind its compo-also be entrusted with ample means for their exenent parts. But this question is not left to mere cution. The power being given, it is the interest reason: the people have, in express terms, decided of the nation to facilitate its execution. It can it, by saying, "this constitution, and the laws of the never be their interest, and cannot be presumed United States, which shall be made in pursuance to have been their intention, to clog and embarthereof," "shall be the supreme law of the land," rass its execution by withholding the most approand by requiring that the members of the state le-priate means. Throughout this vast republic, from gislatures, and the officers of the executive and judicial departments of the state, shall take the oath of fidelity to it. the St. Croix to the Gulph of Mexico, from the Atlantic to the Pacific, revenue is to be collected and expended, armies are to be marched and sup |