Newspapers / Roanoke Republican (Halifax, N.C.) / July 26, 1832, edition 1 / Page 1
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TUnTzdy morning at $2. SO per (annum, in '3 mouths. ' . ! . j TsTr. mner. to be discontinued until all ar- the Editor; and a failure to no continuance' will be considered engagement. : . AActTtpmcnt8. makmsr one ifv a dia as anew square or less, inserted three times for O Dollar, Bndtwentyfive cent for e?ery s ibsequent 'insertion, longer. ones in proper :ion. All tTw,,; omenta will be contma -d unjesa '.urUn ordered, and each continuance UUit ; 7 , charged. - I I . . r.TY. Spring supply of Ditegs and : iiJL Medicines from New YorA, coneis 'iog of almoai every articlo uauallV kept by ;aa Apothecary. . I ! .i' nKsortinent of Confectioneries and iNor- V M . t nT 111 I I'll . L fci Vj ' 1 ' V CJl'jr vj"--- - folk. - - ntitv of rrood FLOUR, pricek varying liora $5.o0 to o75, die, tc. &c. I shall, at all times, be pleased to attend to roy friends, whether they appl in per son or by order; and will take this opportu nity to suggest to my customers, v ho have s-rsfipred their accounts to siana ppen ue- fbnd the usual time (some,ever sin:el com Ineuced business) that if they are not clo sed immediately, justice wUl rec uire my ourtuiDf? a legal course for collection. F JOS. L. SIMMONS. 4 Halifax April 6. ) ' j 7 tf ' State of North Carolina. HALIFAX COUNTY. 3, To John R. Pierce' tt uxoh "Y70U are hereby .notifiedn that I I'll shall 'proceed, at J the I Tavern f of William H. V ope (commonly cilled the SaMe Hotel) in the town of Halifak, State aforesaid, on Tuesday and Wednesday, the iIst and 22d day of August I next, to take be deposition of William. II. Day, Mark 'ettwav and others, to be read as evidence tnthc suit wherein you and wife ale plain- "iiiis and 11 r . w rerKins ct ai ara ueien dants; when and where you may ittend if you see proper. I 1 . JAMES BIS HOP. 1 I w Stale of North Carolina. NASH COUNTY. ySSup trior Court of Laih, March Term 1832. JIcurningKent i xa f etitioa iur . Uiv jrce. Nelson Kent. S ! i WHEREAS it -appears to the satisfaction of the Court hat the dttl'.idant, Neleon Kent, is not anjinhabi- tar.t of this State: It is therefore ordered that publication be made in the I oanokk Advocate and IiAi.F.ian Register for three monthfi, to the end that the said Nel aoa majlappear at the next court to be held for the county of Nash, at the court House ;j rfrille;:c3 taetmrd'Moaday iq Sep- ttjil ' !. 'Xt, t!icn and there to plead answer Ktt .t tf the aUegations in tne. said re- irj cj-i.? an !-hrard ex parte. Price -Adri.3 State of North Carolina, NORTHAMPTON COUNTY. Court of Pleas and Quarter Sessions. June Ttrm A. D. 1832. Joseph 1). White VCrig Attachfhent le- ' I vied on Negroes, Shan I dy, Hary, Rose Anjo Sline. Airy ard their , children, (Ma y Davy James,) Julia, Cheese &, Thome3 Brown Mollv. I I fi"T appearing to the satisfaciion of -u. me isourt tnat l nomas iii own, tne Defendant in this case, is not. at tliis time an inhabitant of this State.- On . m tion, it is therefore Ordeied by the Court, that' publication be madein the Roanoke Ad voc.te for six weeksi giviog- the Baid Thomas Brown notice to appear at the Conrt of Plas nnrl Dnnrtor Rnccirina to he Icld for the County of Northampton, at the oun nouse m Jackson, on llie nr$t holi day ln'Septembef next, then and there to enter into a replevin bond according to law or. fal judmeut will be ent ;red up against him and the property lei led on, condemned liable to the Plaintiffs r :covery Teste ' ' t RICHARD IK WEAVER, !C.. rncoACv. ,05 19 w FOR SJLE OR HIRE ONE Sulky and Harness, One New Wn ggon and IlarneesJ J wo pood Oleics nd . j Two first rate Horses." ! JOSHUA CORPIlEW. Halifax JV. C. Jane 13, 1C32. 17 tf S. VH2XT AKnSlJ Attorney at Law TmRACTlCES in-lhe Couritv knrl XT . Superior Courts of Martin; North ampton and Halifax and i the Superior vourts or 'Washington. Then not absent Professional dutv. he will be at his office a the Town of 'alifax on Mondays &, Tuea lays; nt anv other time at hia lcsitlance in lao County. T - ' . VOL. IV.-NO 177 HALIFAX, N. C. ynllE subscriber bavin(ieasedtliat large and commodious establishment Tlie Eagle Hotel, situated on Maine Street, and recently oc cupied by Mr. Joel H.lMcLemore, begs leave to inform his friends and the public. mat no wui oe preoared prepared 'to p.cc(mmo(iate i IhembylchruaryCouitnext. I Ie promises ' : Alb I'JG.JSijjai shall be furnished with the bust the coun try can aBbr 1. Mill be constantly supplied with superior WINES and LIQUORS; and having pro cuied excellent Hoif tiers, HIS STABISS will be fait hfully attended to. "The subscriber having had i some years experience as keeper of a - PUBLIC HOUSE feels a confidence that he can give general satisfaction, , and respectfully solicits a share of the public patronage WILLIAM'. POPE. Vebruary 1332. 49 tf State of North Carolina. NORTHAMPTON COUNTY. Court of Pleas and Quarter Sessions, June Term Jl. D. 1832. Rca and Camp ) Oig. Attachment Ievi- I ed on a Tract of Land Vfl j adjoining the Lands I of ffilio : iewter ct Anthony Deberry J als TTT appearing to the satisfaction of LL. theCourt that AnthonyIeberry, the Defendant in thi Case, is not' at this time an inhabitant of this r.rate.- Oirjnotion it is therefore ordered by the Court, that pub lication be made in the .Roanoke Advo cate for six weeks, giving the said Antho ny Deberry notice to appear at the Court of Pleas'arid Quarter Sessions to be held for the' county of Northampton, at the Court House in Jackson, on the first Mon day in Septcmper next, then and there to pnter into a replevy Bond according to Law or final Judgment will be enteied up against him and' the property levied on, condemned liable' to. t ho plaintiffs recovery. " ' Tedte ' ' h ' RICHARD H. WEAVER, Clk. Price;Adv. $3 50 lf Ow $10 rs-t J9lRX . i FOR ELAN. r - : RANAWAV, on the 2th u.timo,from my plantation on Stone House Creek, about three miles South of Mr- William Eaton's Ferry, nc gro ELAN, formerly thi property of Doct. John T. Clanton. c Halifax county, C. Ileis aoat'5 fee 10 inches high, narticnlar marks recoh lected, and is bet. -en )9 and 21 years o' age, I purcuascd him at- public sale, ir the town of. Halifxx,, at last Novembei Court, and have no doubt he ; ta lurking it bout Dr." Clinton's plantation or neighbor hood. I will give the above reward, if de livered to mv overseer at the , above men- tinned plantation or at my plantation Ree-J dy .Creek; or fiv dollars if lodged in an) jail bo that I get him aeain. J ! . PETER MITCHELL. JVarrenton June 1 1 . : 1C tf State of North Carolina. ' j NASH COUNTY. Superior Court of Law, i March Term 1832. Matilda Durham ;i vs. Petition for Divorce. Josiah Durham ) WHEREAS it appears to tlie satisfaction of the Court that the defendant Josiali Durham isnot an inhabi tant of this State.- It is therefore ordered thatpublicatiori be made in the Roanoke Advocate and Raleigh Register for three months, to th6 cud that the said Josi ah may-: appear at the next court to be held for the county of Nash,' at the Court House in Nashville, on the third Monday in Sep tember next, then and there to plead, an swer or demur to the allegations in the said peti tion, otherwise the same will be taken dro confess and heard ex parte. J. 11. DRAKE, C N. S. C. 1 Pried Adv. $3. - - 16 3m FQR SALE, it. ACRES of valua ble LAND." in one i)o- dy, in the upper part of Halifax County, N. C ; No healthier land in this country, Three plantations upon it, a good DWELLING-HOUSE -and othei useful houses on each place. On the home Tract a good Cotton Gin, Double Screw Pack, ORCHARD ' a never failing STONE CELLAR for Sweet Potatoes, to hold 500 Bushels. j .Land Buyers ou wet Slashy Land, will do well to buy mine, and can have the Crop, Stock and Furniture at a low price, and good title, and possesion in October next, apply to the'own6r. GOODMAN NEVILL. July 14.'A 1C32. i 13 3t CONSTITUTIONAL LIBERTY. UANK OF THE U. STATES.' MESSAGE i Continued.) I j By documents submitted to Congress, at the present session, it appears that on l&t of Janriary 1332, of the twenty-eight millions of private stock in the corpora tion $3,405,500 were held by foreisuers, mnjiu r.'r.. i-:.,: ti f onri1(1,i :0 f is 140,200, and in - the four southern States is 5.623,100; and in the eastern and middle States about $13,522,000. The profits of the bank in 131, as shown in a statement to Congress, were labont ' 3,455,593; of this there accrued in the nine western States, about " gl.ClO, 040, in the four southern States about 352,507, and in the' middle and eastern States, about g 1,493,041. '. Asj little stock is held in the weit, it is .obvious 1 that the debt of the people in that sec t.onto the bank is principally a debt to tiie eastern and foreign stockholders; that the interest they pay upon H, is carried iulo the eastern Slates and into Europe; and that it, is a burthen upon their industry, and a drain of their cur rency, which no country can bear j with out inconvenience, and occasional dis tress. To meet this burden, anil equal ize the exchange operation of the bank, the amount of specie draws from those States, through its branches, within the last two years, as shown by its odicial re ports, was about $6,000,000. More than half a million of this amount j does not stop in the eastern States, but passes on to ljurope, to pay the dividends to the foreign si.uckhuJders. In the princi ple ol taxation recognized by thU act; the western States rind no adequate j com pensation for this perpetual burden on their industry, and drain upon their cur rency. The branch bank at Mobile, made iast year, U5,140; yet, innler the! pro visions of this act, ihe Stale of Alabama can raistj no revenue from these ' prc'tila ble operations, because out a shari oi the block is held by ary ot iter citizens. Mitiisippi and Missouri ;.re in iiie t-auit condition m relation to the brauohvs' al iSatclics and St." Louia; and such, in a greater or less degree, is tlio condi tion of every uestem Stale. '1'he ten dency of the plan of taxation, whicli iiiib act proposes, wili be to place the whole U. Stales in the same relation luloreiun countries which llie western States bear to the eastern. When, by a lax on; resi dent stockholder the siyck ui tin-, b.iui.. ia made worth ten or liiteen per l cent, more to foreigners than to residents,: most' of it will LnevtiUoiy leave the country. i nu win iuis pruvisiuu, iu us jtratu caf effect, deprive the eastern as well as the southern and Western States, ci"; the uieaus of raising a revenue- l&ui the ex tension ot buisiuess and the gre.it profits of this iustilutiou. It will make the A mericau people debtors to aliens in near ly the whole amount due to this bank, and sejid across the Atlantic from two to live millions of specie every year,, to pay; the bank .- via bank' dividends. ! i anolherof its bearings this provision is fraught danger. Of the twenty fivo dtrectv jf this bank, five arcj cho hen by the; government, i and twenty by ih citizeoxiOckholders. From all voice iu these election Ilia foreign stockhol ders aro. excluded by the oharter. In proportion," therefore as the stock is transferred to foreigu hpiders, the cktcnt of sndrage in the choit bf t' rcrlors'is curtailed. Already is alLr !' a third of tlie stock in foreign handsjod, iioV rep resented in elections. lt jsonstantly passing out of the country, arid ' this act will accelerate its' departure. Thy entire control of the instituction would nepesai rily fall into the hands of a few citizen stockholders, and the .ease with which the object would be accomplished, would be a, temptation to designing men to se cure that control in their own bands j by muxiopolisiug the - remaining stock. There is danger that a president and di rectors would then be able to elect them selves from; year to year, aud without responsibility or coutrol manage j. the whole concerns of the bank during: the existence of its charter.! It is easy to conceive that great evils to our country and its institutions might flow from such a concentration of power in the bands of a few men irresponsible to the people. ; Is there no danger to our hbety j and independence in a bauk that, in its nature has so little to bind it to our country? The president of the bank has told us, that most of the state banks exist by its forbearance. Should its influence be come concentered, as it may under the operations of such an act as this in j the hands of a self elected directory, whose interests are identified with those of the foreign stockholder, will there not be cause to tremble for the purity of our e iections iu ieace, and forthe indepen dence of our country in war? Their power would be great whenever they ffIAMFAX5 C. IJULr : SO, 2832 j might chcose to exert it; but if this mo tnopolyl were regularly reneweU every filteenbr twenty years, on terms propos ed by themselves, they might seldom in peace, put forth their strength to influ ence elections or control the affairs of the nation. But if any private citizen or public functionary should interpose to curtail its powers, or: prevent a renewal of its privileges it cannot be doubted that he would be made to feel its influence. Should the stock of the bank principal ly pass into the hands of the subjects of a foreign country, and we should unfor tunately become involved in a war with that cour.try, what would be our condi tion? Of the course which' would be pursued by a bank almost' wholly owned by the subjects of a foreign power, and managed by those whose interests, if not affections, would run in the same direc tion, there can be no doubt. All its op eralionsUvilbin would, be in aid of the hostile fleets aud armies without: con trolling Our currency,' receiving bur pub iic moneys, and holding thousands of our citizens in dependence, it would be more formidable aud dangerous than the naval and military power of the enemy. If tve must have a bank! with private stockholders ; every consideration of sound policy, and every impulse of A mencan! feeling, admonishes that it should pe purely American. Its stock holders should be composed exclusively of our own citizens, who at least ought to be friendly to our government, and willing l!o support it iu tunes of. difficulty aud danger. So abuudant is domestic capital J that competition in subscribing ior t he Stock of local banks has recently ied almost to riots. .To a bauk exclu sively of American s'lockholdersj possess iog tlie powers and privileges granted by tni act, subscriptions lor two hundred Uiiiiious oi dollars could be readily Obtain ed, insiead of sending abroad tiie stock oi the bank, I in whicu tee government must deposite its funds, and uti which it must rtiy to sustain its credit in times of emergeucy, it would rather! seem to be expedient to prohibit its sale to aiienb, I under penalty oi absolute Iprieiture.' it is maintained by the advocates oi the batik, that its coust Hut ionic" il y, in ail its iealuresi, ougiit .-o be cousiUfrred a settled J by piucedem, aud by tUe decis ion ol the Supreme Court.. To this con clusion 1 cannot assent. Mete prece dent la i dangerous source of authority, .itiil should not be regarded as deciding questions of constitutional power, except where the acquiescence of the people and the ilaiies cau be considered as weil set tled. So far from this being the case on this subject, an argument against the bank might be based on precedent. One Congress, in 191, decrded in favor of a bank, another iu Ibl h decided against it. One Ctugress, in 1 b 1 o, decided a gainst a bank; another, in 181C, decided in its favor. Prior to the present. Con gress, therefore, the precedents drawn from that source were equal. If we re sort to the States, the expressions of le gislative, judicial, and executive opinions against the bank have been, probably, to those in; its favor-as four to one. There is nothing in precedent, therefore, which if its aut hority were admitted, ought to weigh in favor of the act before me. If Ihej jopinion of the Supreme Court covered the whole ground of this act, it ought not to control the co-ordinate au thoritles of tliis government The Con- gress, tne executive, ana uie vuuu, must each foritself be guided by its. own . a . " opinion of the Constitution . -Each pub- ic omcer. wno ir.K.es a u ou iu tc -suujuii ftheConstitntion, swears that he will sup port it as he understands it, and not as it 13 understood by others. It is as much the duty' of the House of Represent a tiVes, of the Senate, and of the President, to decide' tJpoo the constitutionality of any bill, brresofb tion which may be pre sented to jhem for passage or approval, a's it is of theV Supreme Judges, when it may 1)0 brought before them for judicial decision. :U Tbepioroav of the judges has no more tiut' rity over Congress than the j opih ion .;6fi Congress has over the judges; and on ihit pobt;'the Presi. dent is independent cfbotU. . The au thority ofthe Supremo Court must not, therefore; be permitted to ..ccntrol .the Congress or the Execctive, vcn , acting in their legislative capacities, bu t to have only such influence as the, forcep their, reasoning may deserve. I4. ti' ,But in j the case relied uportlns a preme.GOurt have ot decided that all the features of thisccrj3oratisa r.re com patible wjth the cbnstituUorL - It is true that the court bav saW, that the law in corporating the baul, is a cc'titutional exercise of ioower bV. Ccr'rrsss. But taking into v view its. ?whc'.3 .opinion of the court, ; and trai rcjascntn:.by which they have come to thr 't cc"c! Jsioni I un derstand them to 1 :avi. .-dec: Jed lfat, in asmuch as a bank iV aa Inappropriate means for cafryir irno cCsot the eou. mcrated powers. rftLcl Qcr.?jil Govern ment, therefore, the law incorporating it is in accordance with that provision of the Constitution which declares that Congress shall have power lo make all laws which shall be necessary aut! prop er for carryjng those powers into execu tib' Having sat islietllherhsclves, that thd word hieces&ary' in the constitution mbnna rne'cdfui, rcquiiite 'essentia?;' 'condn cire jo aht that 'a bank is a convenient a useful and esseiitial ibstrument in th prosecution H of the Uovcrnmerjt's iiscsit they conclude that, to 'usd witnin the discretion of Con operations, j ouc must bej grcss, and. j that, 'the act to incorporate the Bank oft j the United States, is a law maue in pursuance oi me wusiuuiiun. But.' bay tliey 'nhere the az is not po hibittd, una is really talcutaud to effect any of ''ihe r oLjects entrusted ; to the govern meat, tti undertake here to inquire into thi degree of its meccssity mould be to pass tht line which circumscribes the judicial de partment, and to trtad on legislative ground. Thc principle, here ' affirmed is, that the 'degree of its necessity,, involving all the details, of a bauking institution, is at question exclusively for legislative con deration. A-baiik is constitutiouul; bu.. it is the province of the legislature to determine hether this or that particular1 power; privilege, or exemption,, is ne- cessary and! proper, to enable the banls to dischargp its duties to the Govern ment, ailu irom meir ueeisioii mere is ,uu appeal to the courts of justice. Under? th decision of the Supreme Court there fore, it is the exclusive province of Con gress and the Pres'nient lo' decide, wheth er the particular features of this act are necessary and proper,' iu order to enable? the bank o erform, conveniently and efficiently, jthe public duties assigned to it" as a fiscal agent, aud therefore, cou stitulional,lor unnecessary and improper' an1, thereloro unconstilutionalj Without 1 commenting on the general principle afiSrmed by tue Supieme Court let us examine the uetails of tnis act, in ac- cordance witlf the rule of legislative ac- tion which' they have laid down, ft wiil be found, that many of the. powers aud pri vileges conferred on. it, cannot be supposed necessary for the purpose for which it is proposed to be created, and are not, there : fore, means' necessary to attain trie, end iii view, aiid consequently, "hot juslihed ay tha coiibtitution. " . The original act of incorporation epc ; tion 21, en4cts ''that no other hankehail' be established by any future law of the V iiifed States, during the continuance of the" corporation!, hereby created, fjbr which the .-faith of the (United States is hereby" pledg ed: Proidd, Congress may renew exis' ' ting "charters for the banks within the Di trict of Coliimbia, hot increasing the capital thereof, and may also establiaa any oiiier bank or. banks m ' said District, w.m cypi- tu'j not exceeding, in the whole, six itu'l ions of dollars, if they shall deem itexnedi cut.'.' Thi provision is cyiitiuued in .forcer by the act hefore me, fifteen years from thef 3d of Marc'h, 1836, r If Congress possesses the power to estab Jish one bank, they had power -ti establiab iiiuieiumi uue, u, iu meir opinion, iwp or more batiks had been i "necessary" to 'facili tate the execution of the powers delegated to them by :he Coiistiijlion. If they pos sessed the power to establish a second bank, it was; a power derived from the ' Cot stitution, to be exercised from time to time, and at any time when the interestfe ii the country, orj the emergencies of the Gov ernment, might make u expedient. It was psees3ed by pne Congress as well as ano ther, andtby all Congresses alike, and alike at every' session. But" the Congress of 1816 have taken it away from their succes sors for twenty years, and the Congress of 1832 proposes to abolish it for fifteen years more. It ct nnot be KneccsQry" ok "prop er" for Congress to barter away, or divest themselves of any of the powers vested iri them, by the Constitution, to be exercised for the public good. It is not "necessary" to the efficierlcy of the bank, nor is it "pro per" n relation to themselves and their" successors Thev ma v vronerlv tbr , discretion vested iu them, but they may riot hniit the discretion of their successors .- Ibis restriction on themselves, and graut of a rnonopoty to the banfc, is therefore un constitutional. , In abothieii point of view, this provision U a palpable attempt to amend the Constitu tion by an act of legislat ion. The Consti tution declares that "the Congress shaU have power' to exercise exclusive legisla tion in aliases whatsoever, over the Dis trict of Columbia, Its constitutional pow er, therefore, to establish banfes ;in the Dis t?ict of Coluthbia, and increase their capital at will, is unlimited and uncontrollable by any otber power than that which gave au thority to -thd Constitution; Yet this art declares, thai Congress shall not increase the capital of existing1 banks, nor create other banks with capitals ejcceeding in the wkole six millions of dollars' The Constu tutio,ajdoclrs, that Congress shall have lis jprcrr:3 law of the iand? This provis ion cannci be; necessary" ot "proper ot "cbnt,liiutiojlt ' unless, the absurdity be admitted, thai whenever" it be "necessary and proper" in the opinion of Congress they have a right jto barter away one portion of the poweis vested in them .by the Corjstitu tion as a means of executing the rest. On two subjects enly does the CbnstkiJ tion recognizt in Congres tht power ta grant exciusivie privihges on' the monopo lies; It deciaies that 'Ccagresshall haye power to promote the progress of science and useful .irr, ..by recuring, tot limited tiurc-s, to au:hpr and iuvrmors, the exdu : (Cvfz:4 Garth pagt.) ". power to t 2r !!jse exclusive legislation' o- VCT th;s DLiiirt "in all cases nfialoetert,s and this c:re3 they shall not, Which i 1
Roanoke Republican (Halifax, N.C.)
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July 26, 1832, edition 1
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