JOSEPH W. HAMPTON,
-“Tho pow> rs grantc'.l iin'i'r trie CoiistiJulion, being derived from tlio i'tuply of th' I'nilc.l Si:it»’:=, may oc rcsmncd by thoTn, whenevjr perverted to their injury or oppression.”—jyiadison..
Kclitor and Piil>lislicr
VOLUME I,!
CHARLOTTE, N. C., JUNE 15, 1841.
T E 11 31 S ;
The ^JecJdcnburp; Jijjcrnonian^' is piihUshed weekly, at
Tico Dollars and I'\fty Cents, if paid in advanee; or Three
Dollars, if not paid before tlie ixpiratijn of three months
Irom the time of subscribing. Any inrson who will procure
;-ix subscribers and bcconic rcs])Oiisiblo for their subscriptions,
yhall have a copy of ilio I'oper gratis or, a club of ten sub-
H.ribcrs may have th.- paj)er one year for Ttcenfy Dollars in
advancc.
No paper will be di^contiiiued while the subscriber owes any
thing, if he is able.to pay :—and a failure to notify tlie Editor
of a wish to discontinue at least onh month before the expira-
t; )n of the time paid for, will lie contidtred a new engagement.
On>riual Siibrcrib.'rs will not beallowtd to discontinue the
paper before the expiration o[ the t'lr^t yotir v.-iihuut paying lor
u full year’s sv.^f- T-ptior;.
Adrcr/:^cr/u u:s Will b' ej:is]i.'ii ;u ly :in 1 corr jc'ly insert-
d a* Onr Dihhirprx .-^'inarc for fii.-first insertion, and Tircn-
'y-flrc for Lav'll ••nn'i’iannr-.'—cxd ]it rourt and other
, ; adv riisc;:i ii;-*, w:ii, h will be charged tircnhj-ficcper
c "'.t. hitdu r ;h;ui the aln.»Vi' ralvs, (owing to tlif delay, g«;ne-
raily, atteiidaut ’mou Cwib-r'i'it;. '. A l.l); ral discount will be
made to those who adv rtis" by th.* year. -\dv»'rtisenients sent
■?;i fur piibllcation, mus' he n\:ukfd with :ii ' number of inser
tions desir'd. or til',y Will be i;ubli:;he:l until forbid and charg-
rd aecordinuiy.
L;y tcvs t'.-' ii' I’.ti;ror. i'onta!ning nionf’v in snnis
ot fVrc Dollars. «>r uv. r lau.' f 'o:ne free of postage, or the
a:;io;:nt paid a‘ i. ulii-- • ii r • \k ]\ i. flmrir-’d to the writtr,
lii iv^ry ias’ano'', aud c.i;L. '••ti i.- Dt:i- r ac-'ounts.
Tl'.S OF TIIK
j;«ccklfnl)uvs
Masonic Notice.
The Brethren of PiixVLanx Lodge No. 31, 'vvill
celebrate the Anniversary of St. John the Bap
tist, in tills place on the 2Ith instant. An oration
will be delivered by a Brother selected I’or the pur
pose.
Visiting Brethren from neigh1)orini? Lodges are
particularly invited to attend, as well as all other
Masons in proper standing, and join in the proces
sion. F. M.
Charlotte, June 8, IS 11.
KOSS,
Sccrctciry,
U...2W
Caution!
I HEREBY caution all persons against trnding
for a note of luuul, giv(ui by myself to George
Duclavoilh, for clolhy s atul probably some
cents. Saiil note is dated the 29th ol’ March, 1811,
and made payable six months alter dal(?, and as t!ie
consideratioji lor which it was given has proved to
bo fraudulent, 1 do not intenil to p;iy it.
KI>WL\ POTTS.
Mecklenburg Co., June 8, 1811. I l...o\v
OST!—At a ptd)!ic meeting at La])att^4 Cros-s
Roads in Octo])er last, a hickory AVALlvlXG
STICK, silver mounted, witli the initials “J. H.'•
on the lieail. I'hc ])erson who has said stick will
conier a favor on tiie owner by leaving it with Mr.
Braley Oates in Charlotte.
Juno S, 1811. 11...OW
©Joclt 5ir
T
IIK prt >cut i.> :lio iirs- efiort that iia.s been made
to estab*i.--h a.i oriiao at. the birth-placo of Ame
rican ludrpcudfiicf, tlirouirh which the doctrines of
file Democratic, i’arty could be Iroely proi;uili^at*d
and defcndt'd—iti which the jiTcat ]>ilucipie.' ot' Lib-
'■i’fy and Equ^dity lor whi-'h tli * Athe
Poi.!C.''\ atjd thr.ir ];t rjic r.Miji.iftioTs perilled tlu'ir all
‘.'II the JOth May. ITTr*. c.iuld a' all !ime.-- lind a!i
imshrinkiiiLT a'Ivij. u:\ ft-' .-^u'ces.--resis chiellvwilh
riif licjnibhc.iii ‘ \ i.:‘Me'-kl'MjbiirLT—and to them,
i Tul tiie Ri'publ:' a us (jf the S'lrrou-idiug .‘0Uii!ry the
appeal is now ia i i* tor .-ipr
Till* Jcli’t.I'li.iu w ill ars im*- a- i!s political crocd.
fhii-^e landmaik-  : th'* Rff.ulili.'an Party, flie doc
trines set fortii m tin' Kentucky and A irginia Reso
lutions of IT'.'S—brlir.vinif. as th“ undersigned does,
that the nuthor - f-f these piiocrs. wlio bore a conspicu
ous part in i’r.'fiiiiiL;' -nr : ys»em ol’i.Tovernmen^", wer *
Ires? qualifi' t 'n iiuhii i .'wn fn j
positi(ni ot".^- s[»iii; - ';>e
]>ou'ers wer«' '
the States.
I* will o}.] ().'-•
"he spirit t«f ,-.>!>
r-t--.uii!y i:ic;\-a
tioii ot o\u‘ (.io
ill lllis sys':‘l!l '
>1/ eiir'voLv *ht‘ I 1 i
tiuuls v.’ilh pov. jr ;
thi* laboring ni i?!. '
or depress tfi-' cu;:i
•oitnfry—I'xciti;'
t' rminat‘'s in !  m
;»l deizradafioii ■ ■; .
fhi^ronrhlij n-J- : .,'-
*l'‘d prosp*‘rit\ i i!.i
tiifl in }'rod'K !!..>'■ '1
olijects of tfic .h'll-
.'!usi r>j pn'rih'L'i
rv-r iiuise gnu/'*
in.i
‘crity a corre.-t ex-
■■'t i:id!j'es of v.hat
■\vi.at re.>e!’ved to.
: , (i ( 'U.:
V'v h:i ii J
iaj^ ill til-.-
'i'i
li I A': tl
V. : It
li"’ 1);;'.
r.l* al.-^
iiri
) /ur iree institutior;;-.
H been stealthily, but
ili v fr )iu the Ibunda-
■ iM.i ■! odious feature
'A*-.dthy indi-. i-
» ) co-.itrol the wnees of
t tiiei!' pl*';!siire to iatlate
l.-u-i.ies : of the whole
f eX(r:'.-*';iLr;iuce, wliieh it
'1. ;i!id I'K) ufien the inor-
fi i.^ s'vstem mu-.d be
\V c;;;i !iop:' ?0 S!'(' set
upon a'.l ovir ciri'er.;^ I'o
1.1.' • will be one oi' the main
• it v.'iil w:tr against r.v-
' under what-
1 h- >n:r f.';ji.-!>i^i!es: and, there-
rore, \\ili op]M..-e lii'- char;^ ring of a 1'nited States
Rank, hupj u'.'em*':it.s by the Eederal (.»ov-
r.'-mu'.-nt. a r. . i v al (d't!;!* 'I'aiill' Sy.:t*'m^ind the new
federal schem*.'ot’ ti.i- ( leneral Covernment assum-
,1
/.
•:u*
‘ i'»r
i->;
in;r to puy t'» il.r
'niillifnis of dn'i'!
local purpose--.
A.-: a (lui'sn ■
ij"ii moin'v chi!.:iji:.‘rs iiro hna'ircd
'.lorrow ('
1 bv
lor
and on(; v.hi-
.‘js.'-uming a r
Jctlf!si>ni;ii
and uccui\i‘(l
A'orthern Al-o
candid obs.-rv
ihe South h;^^
■:t
aniiU
;M
k.'
(i
tnc boutn,
-• ca 1-is every da}'
•• awful as\)cc'l, the
■ ■p i*s reader.'- rei'uhirly
the movements ot' the
It n -'-t. b'* evident t > all
:.i". •w i.f :.he party pvi-ss d’
liccn to(. .-itfni. ‘.>!i ini;.; .--ub
iect. 'Wesiiall. Iher. 'bi-:,'. wiriiouf thi- t- ar cd’bein:z de-
I'Ounced us an alarmi.-r. ji'ii J our liui.ibi'' ai.’ t • .is.-:ist
:-i awukcninf' 'li'- I'eMj.h :.f h lo due vigi-
ianc' and a si-as>- u* r ■>;! daa-'f-r.
9\
c, lU^SPECTFULLY informs tho cit-
i^^t'ns of( 'harlotfe and th^ public een '-
rally, that he has oj)cned a sho}> intiie
town ol'(’liarlotte, nearly o[)posite liic
•'Carolina Inn,’’ wiiere he will be glad to receive
work in his line of business. Clocks, AVatch.es, v.V:c.,
will be repaired in the most substantial manner, ai
siiort notice, on moilerate terms, r.nd warranted to
perlorin av«'!I. A por*io:i ol' jn'.blic patronage is
respectiully solifiled.
(’harlotte, June 1. Lb'll. 1:J...f
T o 1' 111:
Pashioiii^hlc Piil>is
1*
Tli hi Subscriix'r^ res;-;t'ci-
fully teiulrr their thanks to the
citizens of Charlotte, and the
})tddic g»;nerally. tur th* libe
ral patronage they ha . i* recei
ved siiHH' th(*} comnu nced llic*
Ihif
in this ]dace. From past ex-
jierience, tht*y now iiavt* no
hesitation in saviiiir that f!it*\
arc pn'j'iu'cd tji iriv
lit:; ;• n (! lii i'» au vs i;o ni.iy favor them wuli liu u'
\riti-ona(_re. Ail work done in their establisha!''!it
will be v. AiuewTia), so far a.' inakinr aiul cuttiMo- i
concerned. 'J'hoy liave just received their Sur'ni'.'
^'({iiniwr Jand will coniimie to receive
rciT'ilar reports o}' English and Fren ]i Fashions.
'I’heir Siioj) will be I’ound i.i the .south-east win -:
oi’ Mr. Leroy S]?riuLrs' briciv huildiirj'.
I i E 'r I i V \ E ct J O H X S O X.
Charlotte. April 2U. IS 10. T....y
cn A RLO'i’ n:
COACH A^D CABRIASE FAOTOBY.
NUMBER 15
DR. C. J. FOX
Has just received a large and general assortment of
MEDICINES,
©tls,
Dye-StidVs, Pcrfuriicry, Thonipsoiiian
]>It*dicincs, Wines and Spirits Tor
iiiedical use.
And a variety of otlier articles, all of which he
u’arrants genuine, and will sell low for ccib'/i.
harlotte, April 27, IS 10. 8....F
THh’ Svd)scribcr would inform the public
generally, that he is prepared to entertain Visiters
at the above celebrated watering-place, and ph;dges
himself that no oiforts shall be span'd to render
comlbrtable and prolitable the stay of all who may
call on him. Terms of board moderate, to suit the
tinies. THOMAS IL\MPTGX.
Lincoln county, N. C., April G, 1810.
The (’amden Journ d. will iiisert the above
I) weeks, and tiie ('harlcstoa Courier, weeklv. t«* tiie
amoimt of and forwiird la ■ •.xc-ouius to T. II.
lliLLVM IICXTKl' v.ould i:'dorm his custo
mers and the public i/eiK'rally, tt.at he still
continues the i'.OOiv-BliNi )L\(T J'il .sl \KSS at his
old stand, a few d )ors Routii-east of the Braeh Mint.
He will be h.ippy to reccive onie*-.'; ia hi.- line, and
jiledges himselt' to spare no puiiis to giv*; complLte
satisi'action.
^7’ Orders bTl at his Shop, or at the Oiru of tii^'
• M'ck!erd)urg Jell'ersoi'ian,'- will receive inimeiiiate
attention. [Ciiarlotte, March n, 1811.
NOTICE.
5" WIXG removed tht ir . t-vk of Goods to the
country, ainl declined bu.-i’-.ess in Charhjtte,
the uiid*rsii.»-i'ed earnestly r'-ijuesl all person • owini/
tliiMii. either by note or a‘counl., immediately to call
and make settfei:i. nt. A’/IUdAM AI^ICx\AXDER
v/il! remain ia ( i; iriot^e, to close the busi:;'ss of tlie
late coi;*'( rn. a>>d it is hop.ed those indebted will
not ilisresrard tliis noti;-e;—at any rate, all ar • re
quested 1 ) call and see him on th* subject, and NU“ii
as owe nccounls', and cannot novv* ]kiv, can close them
by note.
The sul.'scrihers will ke'i> con^iiantU' on hand a
Republican Doctrines.
Mr. Madison’s Speecli
AGAINST THE BANK OF. THP: UNITED STATES.
House of Rei»rescntatives, February 2, 1791.
IMr. Madison began with a review of the ad
vantages and dssadvantages of Banks. The former
he stated to consist in—1st, The aids they afTord to
the merchants who can thereby push thetr mercan
tile operations farther with the same capital—2nd,
I’he aids to merchants in paying punctually the
customs 3d, Aids to the Ooveniment in comply-
ing punctually with its engagements, when deficien
cies or delays happen in the revenue—4th, In di
minishing usury—5th, In saving the wear of the
gold and silver kept in the vaults, and represented
by notes—-6th, In facilitatingoccasional remittances
from difiercnt places wdiere notes happen to circu
late. The effect of the proposed Bank in raising
the value of stock, he thought, had been greatly
overrated. It would no doubt raise that of the stock
sul)scribed into the Bank; but could have little efr
lect on the stock, in general, as the interest on it
would remain the same, and the quantity taken out
er in question, would give to Congress an unlim.-
ted power—would render nugatory the enumera
tion of particular powers—would supersede all the
powers reserved to the State Governments. Theso
terms are copied from the Articles of Confederation"
Had it ever been pretended that they were to be un
derstood otherwise tlian as here explained ? It had
been said that general, welfare” means cases in
which a general power might be exercised by Con
gress, without interfering with the powers of the
States J and that tiie establishment of a National
Bank was of this sort. There were, he said, seve
ral answers to this novel doctrine.
1st. i lie proposed BanK would interfere so as in
directly to defeat a St-ate Bank at the same place.
2. It would directly interfere with the rights of
the States to prohibit, ns well as to establish Banks,
and the circulation ol Bank notes. He mentioned
a law of Virginia, actually prohibiting the circula
tion of notes payable to the bearer.
3d. Interference with the power of the States wns
no con.3titutional criterion of the power of Congress,
If the power was not given, Congress could not ex
ercise it ; if given, they might exercise it, ahhough
it should interfere with the laws, or even the Con
stitution of the States.
If Congress could incorporate a Bank, mere-
because the Act would leave the States free to
Aud every other article in tin' mercantile line, at
their staiid at ‘L;IAR ('IlEEK iti this C’ounty,
hi r-.' tliey 1\ l>e ph'ased to si'e aud accommodule
all who m i ”
th ai wil!i a (■:;!!.
aij:a'.\M)eii brothers
‘i >rc!i 3_p
PLf;
►>»
Si
II il VJ
HOTEL,
(LATH DAVL-S'.)
THE uu(iersi;-ncd respectlui'y teu- j
ders hir; most siuecre thauks to tla*. citi- j
zeiis of Ch;*.rlotte and the surrouudiuLT I
CAVIXG purchafi'd the Hotel formerly Davis’,
fi- will coiilitme t!* ('.Mabli.dimetit on the same li-
country, tor ihe very iib(*rid patrou-ige, j heral scale as lieTctifore, ami will ('xert themselves
bestowed upoti him smcj'
iu bi>'i!M . .: in thi- plact*.
he has bi t ii
II
e \ ouhl at
iiio'.vii. that he ; li
UdVIS
r liilhe
irj>pOSi;.
I an> :e'
Whih* :i po'-t) Jii t
:- ' • 'uauis ol the JelTcr.'0ni.\n
v.'iil be devoiv. .i t . polifical aiscus.-oa, the great iute-
rcst.s of Mou.vi.s. LnKH.vTL’u?:. AcHicri/rL’Hi:, and
ih»‘ Mr.i iiAMc ! shall not be n(*irh’cted. \\ ith
♦.!.e choi^f'st seh'cti(»:is these subjects, and a due
•} iantity of light readinL^ tiie Editor Iiojk*s to render
;ds shet t agreeable aud prohtable to all classes in
bocioty.
Orders for the poper, pcjMivje a(Mresscd lo
the •'Ediior of the Jellersoniau, Charlotte, N. C.,”
will be promptly complied v.ith.
Postmasters are rccpiesled to act as Agents for
^he paper, in rei-;*i\in jf iuid O.irv lu’ding the names q|
t-ubscribers and tiieii- suls-e;-i])iii,>ns.
q'htj Ti'rms of the p-aper v. ili b found above.
JOS. W. IIAMPTOX.
Charlotte, INIarciI Ibll.
the same time mak(‘ it
a. Sho,'. at hi.- old : ‘and tieav'-.
has on hand rui as.--urtriieii* oi
unsurpti:-:.-: d, it.:' w ■ • 1 .i
miiar v- ’ ’ ’ ’ ; r i.i iii-- s Mith-.'r.; (
i:'/' ‘ i'' • c.ji’sist, in part, d'
raid Close J=^auiiiy C'arvl'.i
to make it a d( sirabh residence tl)r IjOAR 1) Ell S
and ']’R A VE f.Ll'R S, as their Tabie will be al-
i-;irries on ' w;iy - upplit.*d with tie best the mark*'t atfonls, and
• .'ad!, aiii ; ibi ir ]>ar it'i tin; bt^t laquors, and their Staldes
w iib alteuMV' O-'’('r'luhi al'undant j)rovender.
Ihe e..;!,:,h! .same, ji I be under the exclu'-ave
,r ■ rr;nei,t of Tiioi-^- \. Hajfuo. ibrmeriy (d‘the
» '.V -olai.i.
Ime
* »
l>ar()uc]ic., l)iii!:irvs, Si,lk('vs.
a lid Carryalls,
CM" all patb'rns, and at prices which cannot fail to suit
tho.se who wish to purci ^se. And as he r ■■■s none
but materi.ils of tin* very b:.'st qu iMty, and has in liis
employ worlnnen (d'e\j:;'rience atid l.nown capacity,
the undersigned will ii el no hesit;;lion in warrantiuir
his work, .as lo durability, it carelully used.
REPAIRIXG done at short notice,, and at
moderate charges.
Owing to tin; “j)ressure f>f the titnes,” t'le undt'r
signed noAV oilers his manufactures at })rices which,
he hopes, will not tail to induce ]niri-hasers to ei\ (;
him a call. CARTER CR1TTJ-:M)EX.
(Jluu-lotte, April 20, 1810. 7....y
la-
cue. V. 1. . if , • ' ’. ^ .I'^ed. caable
gell.-Tal s-lli. tiu’ti')'!.
('amileu, S. (’., Janur> 20. ISH.
loui! t'xpen-
hii'i to give
1 ■ Gill
NFORMATIOX W \XTi;i >. ..f/vrmc aomvr
of Wake County, Xorlh (‘a.rolina, who left his
wife and four small children in August, 1839, stating
tliat he was going lo Guilford County to seek em
ployment, which iie obtained from Mr. hanc Pitts
of Jamestown, wlio encar/etl him in March, 1840, to
go to Columbia. S'airh Candina. lo assist in selling
a load of Guns or Riiles. Mr. PUtff on his return,
tells his family that he left him in Columbia Jail.
In January last, young Mr. PH(t^ carries another
load of Gu»ib to South C.'arolina. and whilst there,
he hears of (nirncr driving a stage about 100
miles below Columbia.
Said Gamer is about 5 feet 7 or 8 inches high,
light complection. dark red hair and beard, blue
eyes, with a thick upper lip, and inclined to be
round shouldered. He cannot read or write, and is
very dull of appreliension; he is also very much ad
dicted to using profane language.
Should this meet the eye of any individual who
knows any thing concerning Gariitr, they will be
doling a. humane act bv addressing a letter to his
distressed wife at Raleigh, N. C.
It is the desire of his alfectionatc and -confidential
companion that he should return to her and their
four helpless children.
Should it not be Uarner's wish to see his v/Ife
again, it is hoped that he is not so depraved, and
lost to all teeliag as not to heed the cries of his chil
dren who are now sutfering lor bread.
CINDERELLA GARNER.
_JR.aleigh, May 11th, ISH.
BLAKK WARRANTS FOR SALE HERE
^©cr.ect;> ^c[|’o,c-8^
raniE Subscrib'^r respectfully annoimces to tlie
JE- citizens of Concord and the surroundiuir co'.m-
try, that he has oponed a GROCEIIY STOiili in
the town of (Joncord, where he will keep cou.rtaatly
on hand a large and carefully selected supply of
Such as—Wines and Liquors, imported and domes
tic ; Sugar; Colfee ; Bread ; Crackers ; Cheese ; Le
mons; French Prunes ; Cakes ; Raisins; Candit's of
all kinds. Toys; prime chewing and smoking Tobac
co; Spanish Citjars of the best quality; Garden
Seeds of every kind ; Indiiro ; Coppenis; Madder ;
Ginger; Spice; P»*pper, Almonds; Cloves ; Jinna-
mon° Enrrlish Walmils; Maccaroni ; Vermaselli ;
Sardines; Herrings; Essence of Cinnamon; do. Pep
permint, and a variety oi other articles too tedious
to mention.
The undersigned hopes, by strict .attention to bu
siness, and by keeping a complete stock, to merit
and receive a liberal share of public patronaire.
E. R. ROUECHE.
May 25, 1811.
Ad niinistrator’s Notice.
All persons having claims against the estate of
Gilbert Coles, deed., are hereby notified to
present them legally authenticated within the time
prescribed by law, or tiiis notice wall be plead in bar
of their recovery. All persons indebted to said es
tate, arc also notified to make immediate payment,
or the services of an officer may be employed.
JENNINGS 13. KERR, Admr.
March, 2G, 181L 5- F ,
HEW SIMSE^M
OHX B. R(U FiCHIrespeci'ully announces t-o
the cili/.ens of ('harloe and liie public in'ral-
l\, that, ha\inj: piu-chasethe stock in trade oi’ Mr.
Jolin 0'Fari(‘ll he will, our ai)out tiie 1st of May,
at tlu‘. stand now occupieiby Mr. O'Earrell, o])cn
the most extensive .and coi»lete stock of
CO?, i • 1 :cno A r i ks,
ever i)rouQrht lo the Charlotmark*'t. He will make
the selection himself, in tliCharleslon market, of
every variety of WINES iD LIQUORS of the
very best qutilitie.s—togetlmcith (/ordials, Porter,
New Ark Cider, Candies, lisin.'^, Almoiuls, Fig.s,
Oranges, Cheese, Cracker.'Fish, Fresh Oysters,
Sugars, Cotlee, Pepper, Spi, and every otlier arti
cle pertaining to the grocerjusiness.
As J. B. R. will make Intuchases entirely for
Cash, he will be enabled topj>ly his customers on
the most accommodating ten I’or llie same article
or at short credit to responsii deah'rs.
He solicit.";, and hopes to Kive a liberal portion
of public patronage.
Charlotte, March, o, IS 11. 1-f
tnf.dium to perform their oflice. This effect was
iiv vitable. It was admitted by the most enlighten-
e*l patrons of Banks, particularly by Smith, on the
\\ ealth of Nations. The common answer to the
obj clion was, that the money banished was only on
e.Nch uigc for something equally valuable, that would
be h'lported in return. He admitted the weight of
this o!'Se”vation, in general, but doubted whether, in
the present habits of this country, the return would
not be ill articles of no permanent use to it—-2nd,
r^xposing tiie public and individuals to all the evils
of a r:;n on the Bank, which would be particularly
cal'iiuitous in so great a country as this, and might
happ n from various causes, as lalse rumors, bad
management of the institution, an unfavorabbe ba
lance ot trade, from short crops, &c.
It \\as proper to be considered also, that the most
iii'poitant of the advantages would be better obtained
by several Banks, properly distributed, than by a
single one. The aids to commerce could only be
a (forded at or very near the seat of the Bank. The
same was true of aids to merchants in the payments
of customs. -Vnticipations of the government would
also I e UKjst convenient at thcdillercnt places, where
the iute;cst of the debt was to be paid. The case
m A’ueiica was diflerent from that in England; the
inten ii there was all duo at one place, and the ge
nius of that monarchy favored the concentiation of
weakii and influence at the metropolis.
It di\l -^’‘iblc to otbor objections-
It did not make so good a bargain for the public,
u. interests. The charter of the
lianl. of England had been granted for eleven vears
only, and was paid for by a loan to the gvernment,
on terms better than could be elsewhere n-ot. Eve
ry renewal of the charter had in like mSnner been
purchased; in some instances at a very high price.
1 he same had been done by the Banks of Genoa,
Naples, and other like Banks of circulation. Tiie
plui V. as unequal to the public creditors It gave
an undue preference to the Jiolders of a particular
denomination of the public debt, and to those at and
uitliin the reach of the seat of government. If the
subscriptions should be rapid, the distant holders of
paper would be excluded altogether.
In making these remarks'^on the merits of the
bill, he had reserved to himself, he said, the right to
deny the authority of Congress to pass it. He had
entertained this opinion from the date of the Coii^ni-
tution. His impression might perhaps be the strong
er, because he well recollected, that a power To
grant charters ol incorportion had been proposed in
the general convention and rejected.
Is the power of establishing an incorporated Bank
among the powers invested^by the Con.^^titution in
ttic legislature of the United States ? This is the
‘^lion to be examined. After some general re
establish Banks also, any other incorporations might
be made bv Congress. They could incorporate
companies ot manufacturers^ ur companies for cut-
tifig canals, OT even religiou.s societies, leaving-sim-
ilar incorporations by the Stales, like State Banks,
to themselves. Congress might also establish reli
gious teachers in every parish, and pay them out of
the Ireasury ol the (. nited States, leaving other
teachers unmolested in their functions. U'hese in-
admissable consequences condemned the controvert
ed principle. 1‘he case of the Bank established by
the former Congress, had been cited as a precedent.
This was known, he saki, to have been the child of
necessity. It never could be justified by the regu-
lar powers of the Articles of Confederation. Con
gress betrayed a consciousness of this, in rccom-
mending to the States to incorporate a Bank also.
They did not attempt to protect the Bank notes by
penalties against counterfeiters. These were re
served wholly to the authoiity.of the States.
The second clause to be examined, is that which
empowers Congress to borrow money.
Is this a bill to borrow money 7 It docs not bor
row a shilling! Is there any fair construction by
which the bill can be deemed an exercise of the
po^^ er to borrow money The obvious meaning
of the power to borrow money, is that of accepting
It from, and stipulating payment to those who are
able and willing to lend. To say that the power
to borrow involves a power creating the ability
where there may be the will to lend, is not onlv cs-
tab ishing a dunprous principle, (as will be imme-
diately shown.) but is as forced a construction as to
sav that It involves tiie power of compelling the will
where there n'lay be power to lend. ’
1 he thiid clause is that, which gives the power
to p.ys all laws ueccssary and proper to execute the
specitied powers.
AV hatever meaning this clause may have, none
can be admitted that would give an unlimited
discietion to C ongress. Its meaning must, accord-
in^ to tnc natural and obvious fl)rce of the terms
and the contcxt. be limited to means neces.sary to
the end, and incident to the nature of the specified
powers. ^
1 he clause is, in fa.-t, merely declaratorv of
what would have resulted by unavoidable im^Hca-
tion as the appropriate, and, as it were, t^*chnical
means ot executing those powers. In this sense it
had been explained by the friends of the Constitu
tion, and ratified by the State* Conventions.
The essential characteristic of the Government
as composed of limited and enumerated powers
would be destroyed, if instead of direct and inciden
tal means, any means could be used which in th^'
languagoof the preamble to the Bill, ‘-'mioht bo
conceived to be conducive to the successful cmiduct-
mg ol the finances; or might be conceived to tend
‘ hmitation of all political power, he i give facility to the obtaining of loans” He ur
^ attention to the diffuse and ductile terms
ueiiJ LTo;ernment is limited. It is not a general 'vhich had been found requisite to cover the ‘?tretc}i
^tntt Of ^ovt^nvounn,
MECKLENBURCOUNTY.
Court of I*leas and Qnarfcr Scn.f, Aj>ril Term, 1841'
Robert Rodgers
Tcrsii.'i
James P. Rodjxer
^ Originaljtachinent. levied in
> the i.andr Win. Wilsou, and
I’s. ) him sumfted as Garnishee.
IT appearing to the satisfacj of the Court, that
the defendant in this case ^t an inhabitant of
this State: It is iherefore Orcf/, that publication
be made for six weeks succeily in the ‘-Meck
lenburg Jelfersonian,” notifyiiilic said James P.
Rodgers to appear before thtklices of our said
Court, to be lield for the Counr Mecklenburg, at
the Courthouse in the Town .'harlotte, on the
fourth Monday in July n^jxt, ai ten and there re
plevy or ydead to issue, other , judgement pro
confesso will be rendered and t ropert} levied on
condemned subject to the plaini recovery.
Witness, Bkaley Oates Cle f our .said Court,
at Oflice, the fourth Monday of il, 1811, and G5th
year of American Independenc
B.  'ES, c. .M. c. c.
May 11. 1S41. (Prs. fee ?0] 11....G
r I • I . -- - general
gr.int, out ol which particular powers are excepted.
It is a grant oi parf.iculfir pov'ers oiily^ leaving the
general mass in other han^ls. So it had been un-
dei stood by^both its foes and its friends, and so it was
to be interpreted.
As preliminaries to a right interpretation, he laid
down the following rules:
An interpretation that destro}'s the very character
istic of the Government cannot be just.
\\ here a meaning is clear, the conseqitences.
whatever they may be, are to be admitted. Where
doubtful, it is fairly triable by its consequences.
In controverted cases, the. inednins' oj the parties
io the instrument., if to be collected by .reasonable
evidence, it is a proper guide.
Jontemporary and current expositions are a rea
son ible evidence of the meaning of the parries.
In admitting or rejecting a constructive autliori-
ty, not only the degree of its incidentality to an ex
press authority is to be regarded, but the degree of
its importance also; since, on this will depend the
probtibility or improbability of its being left to con
struction.
Reviewing the Constitution, -with an ej-e to these
positions, it was not possible to discover in it the
power to incorporate a Bank. The only clauses
under which such a power could be pretended, are,
either—
1st. The power to lay and collect taxes, to pay
the debts, and provide for the commcn defence and
g'. neral welfare—or,
2il. The power to borrow money on the credit
of the U. S.—or,
3d. The power to })ass all laws necessary and
proper to carry into execution those powers.
The Bill did not came within the first power.
It laid no tax to pay the debts or provide for the ge
neral welfare. It laid no tax whatever. It was
altogether foreign to the subject.
No argument could he drarcn from the terms
•‘common defence and general w-elfare.” The pow
er, as to these general purposes, was limited to Acts
laying taxes for them; and the general purposes
terms
requisite to cover the stretch
of power contained in the Bill. He compared them
with the terms necessary and proper, used in the
Constitution, and asked whether it was possible to
view the two descriptions as synonymus, or the cue
as a fair and safe-eommentary on the other?
If, proceeded he. Congi-ess' by virtue of the pow
er to borrow, can create the means of lending, and
in pursuance ot these means, can incorporate a
Bank, they may do anything whatever, creative of
like me.Tiis.
The East India Company has been a lender to
the British Government, as well as the Bank, and
the South Sea Company is a greater creditor \han
either. Congress, then, may jacorporate similar
companies in the United States; and that, too, not
under the idea of rcgiilathig tra.ie, but under that of
borrowing money.
Private capitals arc the chief resources of loans
to the British Government. Whatever,, then, mav
.be conceived to be favorable to the accumulation of
capitals, may be done by Congress. They may in
corporate manufacturers. They may give monopo
lies in every branch of domestic industrj^.
If, .'igain, Congress, by virtue of the power to
borrow money, can create the ability to lend, they
by \utue of the power to levy money, cre
ate the ability to pay it. The ability to pay tax
es depends on the general wealth of the society; and
this on the general prosperity of agriculture, manu-
fiictures and commerce. Congress, then, may give
pounties and ?na/:e reguUitioiis on all of these ob
jects.
The States have, it is allowed on all hands, a con
current right to lay and collect taxes. This power
is secured to them, not by its being expressly re-
.serveel, but by its not being ceded bj’ the Constitu
tion. I’he reasons for the Bill cannot be admitted
bccause they would invalidate that right; why niay
it not be conceived by Congress, that a uniform and
exclusive imposition of taxes would not less than
the proposed Bank, “ be conducive of the successful
conducting of the national finances, and tend to give
facility to the obtaining of reve^nuo for the use of
themselves were limited and explained by the yar-1 ^^e Government*’?
ticular enumeration subjoined. To understand } The doctrine of implication is always a fender
these terms in any sense that would ;ti«^tify the pow- ‘ on- Th. iangcr of it has been f.lt in other Go-