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so unjust and immoral in principle, so deleterious and which militate essentially against public security. Much fatal in consequence. It is in the power of the execu- ingenious speculation has been spent on the subject, tive authorities of our country essentially to aid in giv. and like all similar controversies, it has produced heating a correct direction to popular sentiment in questions ed partizans and amiable enthusiasts; but until the leof abstract morals, and in nothing can they more faith-gitimate authorities of the commonwealth interfere and fully advance a principal object of the existence of gov by prudential enactments provide for so important an ernment, which is, or ought to be, to make men better alteration in our penal code, all theories here are false and wiser, and consequently happier. To this elevated lights, which must confuse without illuminating, and source, recent events gives us the gratifying assurance, which if pursued with pertinacity, must only result in that the friends of law and order may look with as- giving impunity to the most desperate and abandoned sured safety. If by any proper means the public mind offenders. Manslaughter is the killing any person on a could be distinctly impressed with the conviction that sudden provocation, of such a nature as may be supposthe successful duellist is but a successful murderer; if ed to transport a man with sudden resentment beyond the victor, instead of meeting applause for his gallant the bounds of reason. In this crime, malice, which is bearing and daring emprise was marked and shunned as the main ingredient and characteristic of murder, is conthe unhallowed "shedder of man's blood," then would sidered to be wanting. And though manslanghter is in this dreadful practice be confined to those who having itself felonious, yet it is imputed by the benignity of the lost all hold on society, are ready for the commission of law, to human infirmity. He who would, however, shelevery crime. The example necessary to produce such ter himself under the plea of provocation, must clearly a wholesome condition of public feeling, if the holiest make out his case, for the presumption of law is, unless precepts are flouted and the most solemn statutes con- the contrary appears, that all killing is malicious. Contemned, may press heavy on our sensibilities, but the nected with the crime of homicide, is an offence which great moral victory to be achieved, ought to render the at one period of the law was considered of equal magwise and the virtuous satisfied, that the laws of the land nitude, that of concealing by a mother, the death of her should have their unimpeded course. The monster in illegitimate child. The existence of such a crime as inthe guise of a man who prepares himself by a course of fanticide, is a shocking anomaly in the history of human systematized and diabolical education, to triumph in feeling and conduct. The indignation its atrocity is cal conflicts of his own seeking over the deluded votary of culated to excite, led lawgivers into an opposite exfalse honour, may in such a state of corrected public treme, & by as great an anomaly in the administration of sentiment, lose the opportunity of an appropriate vic- criminal justice, concealment of the death of the deceatim, and his blood-stained laurels may wither for want sed offspring of illegitimacy was made prima facie eviof sustenance, but all that is virtuous and valuable in so- dence that the unhappy parent was the destroyer of the ciety would rejoice in safety, and repose in security un- fruit of her sin. Our milder code has abolished this der the protecting shelter of laws expounded without barbarous feature, and while it makes concealment of affection, and executed without favor. the death of such a child a specific offence, punishable in the first instance by an imprisonment not exceeding five years in duration, and upon a second conviction by imprisonment for life, it leaves child murder to be established by legal proof of the actual perpetration of the

Malice is implied by law from any deliberate cruel act committed by one person against another, however sudden. Thus where a man kills another without any or without a considerable provocation, the law implies malice. Such legal implication of malice exists even where in point of fact, the party had no actual malice towards the person killed; as where poison intended to be given to one person is by mistake administered to another, or where a stranger is killed by lying in wait, although the fatal blow was clearly not intended for him. And where one person is killed in consequence of such a wilful act as shows the person by whom it is committed to be an enemy to all mankind, the law will infer a general malice from such depraved inclination to mischief. (Malice implied may therefore be defined to be malice in a legal sense in contradistinction to its popular signification.) It is true that the law from a tender consideration of human infirmity, admits provocation and passion-for one without the other will not avail-to extenuate the homicide, yet the provocation and passion must be such as clearly rebut the conclu

sion of malice.

unnatural crime.

Robbery is the felonious taking of money or goods of any value from the person of another, or in his presence, against his will, by violence or putting him in fear. This offence is an aggravated species of larceny, and is more severely punished. To constitute the complete offence, property of some value must be taken from the peaceable possession of the owner; it must be taken with a felonious intent; it must be from the person or in the presence of the injured party, and the taking must be accompanied with violence or putting him in fear. A taking in fact is not always required. If thieves attack a man to rob him, and finding nothing worth their spoliation, force him by menaces to promise to deliver them money, which he does accordingly, and delivers it to them while the fear of menace still continues upon him, and they receive it, this is a sufficient taking in law. The taking need not be immediately from the No breach of a man's word—no trespass on lands or person of the owner. It will be sufficient if it be in his goods-no affront by bare words and gestures, however presence. Thus, if a man first assaults another, and false and malicious, and aggravated with the most pro- having put him in fear, drives his cattle in his presence voking circumstances, will free the party killing from out of his pasture, he may be properly said to take such the guilt of murder. A provocation sought on the part property from the person of the party assaulted and put of the slayer, only aggravates the offence; and in cases in fear, for he takes it openly and before his face, while of slight provocations, if it may be reasonably collected under his immediate personal care and attention. Aefrom the weapons made use of, or from any other cir- tual violence is not the only means by which a robbing cumstances, that the party intended to kill or do some may be committed, but it may also be effected by fear, other great bodily harm, such homicide will be murder, which the law considers a constructive violence. Again, 50 careful is the law of human life, so hostile is it to any in cases of actual violence, fear is presumed; as if a man man's being his own avenger. When the testimony in be knocked down without previous warning, and while any case exhibits an homicide to have been committed prostrate and senseless is stripped of his property, he accompanied by any of the characteristics of malice as cannot with propriety be said to be put in fear, and yet defined, it is a sacred duty you owe to Society to ad- that would unquestionably be robbery. In repeated injudge that the offender should be placed upon his trial. stances, a threat to accuse the party spoiled of his proNeither in your body nor in any other branch of the ju-perty of an unnatural crime, has been deemed a suffidiciary, can there exist any propriety in entering into cient putting in fear to involve the perpetrator in the the discussion of the abstract question as to the right of guilt of robbery. government to forfeit the life of a citizen for crimes

Burglary is the breaking and entering the mansion

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house of another in the night, with intent to commit some felony within the same, whether such felonious intent be executed or not. The precision of the legal definition of the crime renders it unnecessary to occupy any of your time by entering into details.

277

its the strongest evidence that the labours of benevolence and philanthropy have not been uselessly employed.

PETITION OF THE

MECHANICS ENGAGED IN SHIP BUILDING.
To the Honorable Senate and House of Representatives in
Congress assembled.

Arson is the malicious and voluntary burning of the dwelling house of another, or his barn, stable, or outhouse, having corn or hay therein. By our act of assembly, the crime of arson may likewise be committed by the voluntarily and maliciously burning of the State Your memorialists respectfully represent, that they House or any of the adjoining offices or buildings, or are ship-carpenters, smiths, rope-makers, coppersmiths, any church, meeting house, or other building for public worship, or any academy, school house, or library be- riggers, sail-makers, plumbers, mast-makers, block-maklonging to any body politic or corporate. ers, stevidores, lumber merchants, ship joiners, painters, By another, the wilful setting fire to any barn, stable, or out-house, in ship building, navigation interest, and the coasting dray and cart men, and others, employed or connected or to any barrack, rick, or stack of hay, with intent to trade of the port of Philadelphia, and are citizens of destroy the same, or being accessary thereto before the Pennsylvania; and, in their respective employments, fact, is made an indictable offence, and punishable at hard labour for any term not less than five nor more high rate of duties on the raw materials used in buildare now suffering under the pressure of the present than twelve years, and by fine not exceeding 3000 dol-ing and equipping ships or vessels; which high rate of

lars, at the discretion of the Court.

Larceny is the feloniously taking and carrying away the personal property of another without his consent, and against his will, with intent to convert it to the use of the taker. The least removal of the thing taken frommit to the consideration of Congress. the place where it was before, with intent to steal it, is a sufficient transportation, although it be not quite carried away. Thus where a guest had taken the sheets from his bed, and carried them into the hall, but was apprehended before he could get out of the house, it was holden that he was guilty of larceny. Lifting plate from a trunk, and laying it on the floor, it being taken with a felonious intent, is a sufficient taking to make the crime complete. I have noticed this offence which though properly triable in the session, is often requisite to be considered by the grand jurors in this court, in those cases where property is feloniously taken, and where the testimony fails in establishing the legal requisite to constitute a higher grade of crime.

injurious to the interests of the whole nation, and for duties they firmly believe to be also burdensome and the following reasons, which they most respectfully sub

in the construction of a ship in this country than it does 1st. Because it requires a greater amount of capital in foreign countries, and thereby enables foreign shipcausing less demand for American shipping, to the ping to undercarry our own country ships, and thereby great detriment and injury of your memorialists. This British Government, since the peace, has paid particumore particularly applies to British shipping, as the lar attention in modifying the duties on all the materials used in ship building, imported from abroad, or their colonies, as will be seen by the following statement.About 35 tons of iron is necessary for a ship of 500tons, if not copper fastened, (and if copper fastened, the duty on bolts and spikes of that material will amount to as During your session it is proper you should visit the much, if not more, than on the iron,) as follows: two different prisons of the county, in order to satisfy your the fathom, 21,600 lbs.; one chain, inch, to make fast chains, 90 fathoms each, 14 inch diameter, 120 lbs. to selves that they are regulated and conducted according at the wharf, 75 fathoms, 30 lbs. to the fathom, 2,250 to the laws of the commonwealth, and in unison with lbs. ; two anchors, 2200 and 2000 lbs., a stream do. 1400 the humane principles of our penitentiary system. Your lbs., kage do. 500 lbs.; and 20 tons for hull and rigging stated visits cannot but stimulate the subordinate offi cers of these establishments so to regulate their police-making 35 tons, (allowing for waste in working,) $37 as to merit the mecd of your approbation. By an act of assembly passed at a recent session of the legislature, you are empowered to administer oaths and affirmations to the commonwealth's witnesses. It has been supposed that qualifications solemnly and deliberately administered to witnesses in your presence, would produce a more decided impression that can be received from the hurry in which they are unavoidably administered by the prosecuting officer preparatory to sending up bills for your consideration and decision. It is sincerely to 1020-$2315 be hoped that such a result may be produced, since To say nothing of that on lead, used in paints and oththere is nothing in which the absolute existence of so-erwise. ciety is so essentially involved as the inculcation of a 2dly. If we take into consideration the tear and wear proper sense of the obligation of an oath taken in a of the running rigging, that will not last more than acourt of justice. All that is valuable to us, our lives, bout one year-the standing rigging, say six yearsour liberties, our property, every thing that renders ex- and the sails, on an average not longer than two years istence valuable rest on this solemn pledge. And of-then it will require a new set of sails and rigging evall subjects for the lash of justice, none are so fit as those who insulting Heaven and contemning social obligations, bear false witness against their neighbors.

per ton duty,

If we suppose a ship of this class to cost 25,000 dollars, the iron work alone will form nearly one-fourth of the cost, the duty on the raw material of the ship smith, and chain and anchor manufactorer, alone, is as above stated, 1295 dollars. If we suppose 12 tons of hemp to be requisite, the duty, 60 dollars per ton, is 720-on sail cloth 300 dollars-making

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$1295

ery three years, the duty on which is 1020 dolls., which in nine years will amount to 3060-with the duty on iron and the first set of sails and rigging, 2315—making a total of 5375 dollars.

It is a painful truth that since I had the honour of addressing your body on a similar occasion, the calendar 3dly. The British shipping interest has the advantage of offences triable in this court have increased seriously in every point of view. The iron they use is common in enormity. The dark offence of murder more than English, now selling at £6 per ton, or $26 66, for bolts, once blurs the catalogue, and ere we rise, the tempo- spikes, and other work for the hull and rigging; and ral fate of more than one human being may be decided their refined iron, now selling at £10 per ton, or $44 44 upon. I do not, however, consider these circumstan--this latter kind is unequalled for chain cables, and ces, painful as they are, as manifesting any thing like progressive deterioration in the morals on society; on the contrary an extended experience has enabled me to say that the catalogue of crime within late years, exhib

bolts and chains for the standing rigging, as combining great strength, toughness, and less liable to rust, than any other, and being cheaper than that of any other nation; of course it is free. If copper fastened, that also

In 1819, there was imported 251,356 lbs. of cordage.In 1828, the importation of cordage was 2,164,096 lbs. And the exports from St. Petersburg for the supply of the shipping trading to that port alone, was 1,348,224 lbs., making in all 3,512,320 lbs. The same rule is applicable to the shipping in the British trade, as a drawback equal to the duty on the raw material-is allowed on comparatively small quantities. The result has been not only a decrease in the demand for the raw material, but actually transferring the manufacturing of Russian hemp, heretofore manufactured in the United States, to Russia, as the importation of cordage above stated clearly proves, as well as the fact that the manufacturing of it here has actually decreased from to 2-3rds in the last four years, which evidently shows that the importation of cordage was not for re-exportation but for home consumption. It is very certain, that not only the hemp grower has suffered a falling off, but the farmer has suffered also, for had the cordage been manufactured in this country, provisions would have been consumed by the rope-makers, the raising of which has been actually the cordage. The same is applicable to the smith, and chain and anchor manufacturer, but still in a greater degree, viz-Chain cables are introduced into this country made out of both refined and common English iron; when made out of refined, the duty is $37 per ton, or 80 per cent, the price of the iron being £10 per ton; the duty on the chains, three cents per lb. or 43 per cent. on an average; if out of common iron, the duty is 37 dollars per ton, the cost of the iron $26 66 per ton, making the duty on the raw material 140 per cent.The same is applicable to anchors. The importation of chains in 1828 was 830,630 lbs. we suppose double the quantity made in the United States. Of anchors, 72,556 lbs. With such an odds against such of your memorialists as are engaged in this business, it is impossible for them to compete, be their economy ever so great, and their knowledge ever so complete. So that the present duty on iron, enormous as it is, only deprives the smiths of their share of employment. This fact is further illustrated by the discontinuance of the Stirling works in the city of New York, which have been sold, as they could not stand against such advantage given to foreign manufacturers over the domestic. This establishment employed 500 men. The same has befallen the sail cloth manufacturers, although they had an additional duty, at their request, 1828; which was not the case with the smiths, feeling, as they then did, the operation of the 30 dollors per ton duty, they well knew that nothing could save them but a reduction of 5thly. Notwithstanding the discouraging state of our the duties on their raw materials, and actually memorialship-building interest, yet it is not the worst feature of ized Congress to that effect; but a duty of 7 dollars perour present policy. Many of your memorialists are suf- ton, equal to nearly 20 per cent. was added; and a fallfering from the present rate of high duties on their rawing of about 20 per cent, in the price of iron in England materials, as the following statement will show, of that part of business yet retained by the country. The ropefacturers, are in a great measure deprived of participating in the business. The duty on hemp, so far from hav. ing created a demand for American hemp, bas actually had a contrary effect, as may be seen by the following extract from the report of the Secretary of the Trersury.

is free. The duty on hemp, $20 74 per ton, on 12 tens 248 88. The duty on sail-cloth is merely nominal,* and all that made of flax can be considered free, it being imported into this and other countries in competition with Russian, and from the fact that the duty on flax is but 36 cents per ton; but on account of part that may be made of hemp, we shall say a ton of hemp is used, the duty on which is $20 74. For the first outfit the duty stands at 269 62. The sales and rigging require to be renewed every three years, for nine years, amounting to 808 86-total amount, $1078 48. From the foregoing it appears, that in 12 years an American ship of 500 tons pays a duty of 5375 dollars. A British ship, during the same period, pays 1078 48. Making a difference in 12 years, of 4297 52, against the American ships. If we take into consideration the difference of duration of a ship built out of English oak, and one built out of our common oak, the difference will still be greater. Then take into consideration the difference of capital employed, and the rate of interest, which is nearly double here to what it is there, and it is not difficult to see where this will end, viz. in driving the American ships entire-transferred to Russia, along with the manufacturing of ly out of the contest, to the great injury of your memorialists, who have spent their youth in learning trades that are daily becoming useless to them, as the increase in British shipping is very visible, more particularly in the carrying of bulky articles, such as salt and crates, iron, and taking a return cargo of cotton, tobacco, &c. The number of British vessels is yearly gaining ground on ours, at this, as well as other ports; they are generally fuller built than ours, by which cause they pay less tonnage in proportion to their cargo-this, with the above duties, operates as a bouny in their favour. These combinations of effects cause not only an individual loss, but a very sensible national loss, in transferring the ship-building business to foreign nations, whereby we are all made the sufferers, in a national as well as individual point of view.

4thly. The British shipping have another advantage over ours, viz. they are on equal footing as to an inward cargo; and if they go South for cotton, rice or tobacco, they are on an equal footing footing for outward freight home to England or the Hanseatic towns. (If it was here objected that our vessels have the advantage of taking a cargo coastwise, it may by be remarked that this is only nominal, for our ships going from hence South very seldom wait for a freight-this is the business of regular coasting packets.) Besides if it is not in season, they have the advantage of going either to the West Indies, or northern colonies for timber, an advantage which our ships do not possess.

makers, chain and anchor makers, and sail-cloth manu

has given a most complete monopoly of the American works in Patterson, N. J. for the manufacturing of sail market to the English manufacturers. The Phoenix cloth, are about stopping their operations, if they have not already done so: in this establishment there were low rate of 623 cents a day, on which they found their 265 hands employed, of which 109 were men, at the high duties on raw materials do not create, but actually own board. The above is a very striking proof that destroy a market for them, and transfer the manufactur*Sails, in use of any British ship, and being fit and ne-ing thereof to a foreign country. It plainly appears that cessary for such ship, free. British Tariff for 1830, p. 64. The bounty on sail-cloth is calculated to be equal to the duty on hemp, 1d. per ell. Ibid p. 133. Present price of Scotch and London sail-cloth, 1s. or 22 cts. for 24 inch broad, or 27 cts. for 30 inch. Best Russian sold last fall at 60 roubles per piece of 38 yards, or 33 cents per yard, at the rate of exchange, or nearly six cents per yard higher than the best British, which is said to be as durable, if well kept. This proves what we have said, that the duty on sail-cloth is nominal in Great Britain.

the hemp and flax growers have suffered a loss, the iron drawer has lost also, as the consumption of those materials have declined with the ship-building business, and are enabling the foreign manufacturers to undersell our own, and the rope-makers and smiths have been sacri ficed by the high rate of duties imposed on their raw materials, at the request of the producers therof. The farmer has suffered a loss also, as the growing of grain and other provisions have been transferred to Russia and England with the manufacturing of the above stated articles. So intimately are all the interests of a country

1830.]

ACCOUNTS OF CANAL COMMISSIONERS

connected together, that when one is suffering, all the others partake of the suffering also.

Your memorialists therefore refer the foregoing facts to the favorable consideration of your honorable bodies, giving their opinions as practical men, that the only remedy that can be applied to save them from ruin, is, to allow a drawback equal to the duties on the raw materials that enter into ship-building; on cordage, iron work, chains and anchors, copper bolts and spikes, sailcloth, and such other articles used in ship-building as, your wisdom, you may think proper. Also, on cordage, chains and anchors, and sail cloth, when exported. This would be a great relief, not only to your memorialists, but would create a greater demand for hemp, flax, and iron, by the improved state of the business, and afford a greater security against the monopoly of our own share of the carrying trade of our own produce, and that we take in exchange from others.—

in

Other nations are daily giving greater facilities to their
manufactures and commerce, by making the cost of the
raw materials cheaper and cheaper. If we do not adopt
the same system in regard to our ship building interest,
in its different ramifications, we shall be driven from the
Ocean. To prevent such a catastrophe, your memori-
alists hope that Congress will see the necessity of
granting their request, and, as in duty bound, will ever
pray.

ACCOUNTS OF CANAL COMMISSIONERS.
Read, March 24, 1830.

Auditor General's Office, 2
March 24, 1830. Š
Sir-In compliance with the provisions of the 12th
section of the act of 25th February 1826, I herewith
transmit a copy of the account of canal commissioners,
settled on the 13th instant, a press of business prevent-
ed an earlier settlement.

Very respectfully, your obedient servant,
DAVID MANN.

Hon. Frederick Smith, Speaker

of the House of Representatives.

-

David Scott, John Mitchell, James Clarke, Peter S. Van Hamot, James S. Stevenson, David Frazier, John Forrey, Nathaniel B. Eldred, and Robert Patterson, Esquires, Canal Commissioners, in account with the Commonwealth of Pennsylvania.

DR.

To balance on account, settled twentyeighth February, 1829,

To amount received by their treasurer from the commissioners of the internal improvement fund.

1829, March

April
May
June

274,000 00

93,833 33 395,500 00

July

August

324,500 00
492,956 97
416,554 18

September

235,488 85

October

106,000 00

December

40,000 00

1830, January

950,000 00

500,000 00

February

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From July 14th, 1829, to Feb. 23rd 1830, 416,288 99
James Clarke, acting canal commission-
er, Juniata division Pennsylvania canal.
From March 14, 1829, to Feb. 19, 1830,

William Wilson, late superintendent
eastern division Pennsylvania canal.
From April 27, 1829, to June 6th,

John Forrey, acting commissioner on
eastern division Pennsylvania canal.
From June 15, 1829, to Feb. 19, 1830;

Thomas Woodзside, late superintendent
north branch division of said canal.
From March 14, 1829, to June 4,

John Mitchell, acting canal commision-
er of north branch division Pennsylvania
canal.

From June 20, 1829, to Feb. 22, 1830,
Thomas G. Kennedy, superintendent
Delaware division of said canal.
From April 1, 1829, to Feb. 13, 1830,

Charles Mowry, late acting canal com-
missioner Susquehanna line of said canal.
From March 25, 1829, to Feb. 23, 1830,

John Ryon, superintendent of Susquehanna line.

From July 14, 1829, to Feb. 1, 1830

Andrew M'Reynolds, late superintendent west branch division of said canal. From March 27, 1829, to October 3d, John Ryon, superintendent of west branch division of said canal.

$241,235 24 From July 14, 1829, to Feb. 5, 1830,

John Mitchell, late superintendent
French creek feeder for said canal.
From March 16, 1829, to October 13th,
William Dickson,superintendent French

creek feeder for Pennsylvania canal.

868,014 27

90,469 59

235,447 15

127,218 71

426,959 48

488,068 45

95,702 20

216,437 96

71,597 58

129,230 90

59,222 29

From September 4, 1829, to Jan. 22, 1830, 47,758 76
John Barber, superintendent Pennsyl-
vania rail way.

From Sep. 22, 1829, to Feb. 19, 1830,
Joseph M'Ilvaine, late secretary of the
board of canal commissioners, exploring
canal routes, &c. 1829, July 31st
Amount paid to their treasurer,
being the sum refunded by Wil-
3,828,833 33 liam Wilson, late superintendent

1,650 51

1,452 42

4,070,068 57

eastern division

17,818 38

Amount paid to their treasurer,
being the sum refunded by Ch'ls.
Mowry, late acting commissioner
of Susquehanna division

Amount paid to their treasurer,
being the sum refunded by John
Mitchell, late superintendent
French creek feeder

3,300 00

122,962 35

19,637 67

1,658 51

22,786 89

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3,736,677 04 the consideration of the House: There are few subjects, having reference to the policy of an established government, so vitally connected with the health of the body politic, or in which the pecuniary interests of society are so extensively and deeply involved. No one of the attributes of sovereignty carries with it a more solemn responsibility, or calls in requisition a higher degree of wisdom, than the power of regulating the common currency, and thus fixing the general standard of value for a great commercial community, composed of confederated States.

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Settled and entered.

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1. Has Congress the constitutional power to incorporate a bank, such as that of the United States?

2. Is it expedient to establish and maintain such an institution?

3. Is it expedient to establish a "National Bank, founded upon the credit of the Government and its rev

The foregoing balance in the hands of the following enues?" named persons

James Clarke, acting commissioner
Juniata line

50,000 00

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I. If the concurrence of all the departments of the Government, at different periods of our history, under every administration, and during the ascendancy of both the great polical parties into which the country was divided soon after the adoption of the present Constitution, shall be regarded as having the authority ascribed to such sanctions by the common consent of all well regulated communities, the constitutional power of Congress to incorporate a bank may be assumed as a postulate no longer open to controversy. In little more than 2 years after the Government went into operation, and at a period when most of the distinguished members of the Federal Convention were either in the Executive or Legislative councils, the act, incorporating the first bank of the United States, passed both branches of Congress by large majorities, and received the deliberate sanction of President Washington, who had then recently 17 presided over the deliberations of the Convention. The constitutional power of Congress to pass the act of incorporation, was thoroughly investigated both in the Executive Cabinet and in Congress, under circumstances, in all respects, propitious to a dispassionate decision.There was, at that time, no organization of political par ties, and the question was, therefore, decided by those, who, from their knowledge and experience, were peculiarly qualified to decide correctly; and who were entirely free from the influence of that party excitement and prejudice, which would justly impair, in the estimation of posterity, the authority of a legislative interpretation of the constitutional charter. No persons can be more competent to give a just construction to the Con-. sitution, than those who had a principal agency in framing it; and no administration can claim a more perfect exemption from all those influences which, sometimes, pervert the judgments, even of the most wise and patriotic, than that of the Father of his Country, during the first term of his service.

1,743 72 2,000 00 71,077-44

$356,160 33

BANK OF THE UNITED STATES.
CONGRESS-HOUSE OF REPRESENTATIVES.

Mr. McDuffie from the Committee of Ways and Means
to which the subject had been referred, made the
following REPORT:

The Committee of Ways and Means, to whom was referred so much of the Message of the President as relates to the Bank of the United States, beg leave to report:

That they have bestowed upon the subject all the attention demanded by its intrinsic importance, and now respectfully submit the result of their deliberations to

Such were the circumstances, under which all the branches of the National Legislature solemnly determined that the power of creating a National Bank was vested in Congress by the Constitution. The bank thus created, continued its operations for twenty years -the period for which its charter was granted-during which time, public and private credit were raised, from a prostrate, to a very elevated condition, and the finan ces of the nation were placed upon the most solid foun dation.

When the charter expired, in 1811, Congress refused to renew it, principally owing, as the committee believe, to the then existing state of political parties.

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