Whole No, 414. The "North-Carolina Free Press," BV GEORGE HOWARD, Is published weekly, at Two Dollars and Fifty Cents per year, if paid in ad vance or, Tircc I)ollarst7iX. the expira tion of the year. For any period les than a year, Twenty-five Cents per month. Subscribers are at liberty to dis continue at any time, on giving notice thereof and paying arrears those resi ding at a distance must invariably pay in advance, or give a responsible reference in this vicinity. Advertisements, not exceeding 16 lines will be inserted at 50 cents the first in sertion, and 25 cents each continuance. Longer ones at that rate for every 16 lines. Advertisements must be marked the number of insertions required, or they will be continued until otherwise ordered. ilyLetters addressed to the Editor must be post paid, or they may not be attended to. MESSAGE From the President of the U. States, returning the Hank Bill, with his objections, &c. (continued from our last.) In another point of view, this provision is a palpable attempt to amend the Constitution by an act of legislation. The Consti tution declares that the "Con gress shall have power to exer cise exclusive legislation in all Cases whatsoever" overtheDis trict of Columbia. Its consti tutional power, therefore, to es tablish Banks in the District of Columbia, and increase their capital at will, is unlimited and uncontrollable by any other power than that" which gave authority to the Constitution. Yet this act declares that Con gress shall not increase the capital of existing banks, nor create other banks with capitals exceeding in ihe whole six mil lions of dollar.. The Consti tution declares, that Congress shall have power to exercise exclusive legislation over this District, "in alt cases tchatso ever;'" and this act declares they shall not. Which is the supreme law of the land! This provision cannot be "necessary" or "proper," or constitutional, unless the absurdity be admit ted, that whenever it be "ne cessary and proper," in the opinion of Congress, they have a right to barter away one por tion of the powers vested in them by the Constitution as a means of executing the rest. On two subjects only does the Constitution recognise in Congress the power to grant exclusive privileges or monopo lies. It declares that "Con gress shall have power to pro mote the progress of science and the useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries." Out of this ex press delegation of power, have grown our laws of patents and copy-rights. As the Constitu tion expressly delegates to Con gress the power to grant exclu sive privileges in these cases as the means of executing the sub stantive power "to promote the progress of science and useful arts," it is consistent with the fair rules of construction to con clude that such a power was not intended to be granted as a means of accomplishing any other end. On every other subject which comes within the scope of Congressional power, there is an ever living discretion in the use of proper means which cannot be restricted or abolish ed without an amendment of the Constitution. Every act of TarhwmSh (MS'tombe Counly, N. cJt Congress, therefore, which at tempts by grants of monopolies, or sale of exclusive privileges tor a limited time, or a time without limit, to restrict or ex tinguish its discretion in the choice of means to execute its delegated powers, is equivalent to a legislative amendment of the Constitution, and palpably unconstitutional. This act authorises and en courages transfers of its stock to foreigners, and grants them an exemption from all state and national taxation. So far from being "necessary and roper" that the Bank should possess this power, to make it a safe and efficient agent of the Gov ernment in its fiscal operations, it is calculated to convert the Bank of the United States into a foreign bank, to impoverish our people in time of peace, to disseminate a foreign influence through every section of the republic and in war, to endan ger our independence. The several States reserved the power at the formation of the Constitution, to regulate and control titles and transfers of real property, and most, if not all ot them, have laws dis qualifying aliens from acquiring or holding lands within their limits. But this net, in disre gard of the undoubted right of the States to prescribe such disqualifications, gives to aliens, stockholders in this Bank, an interest and title, as members of the corporation, to all the real property it may acquire within any of the States of this Union. This privilege granted to aliens is not "necessary" to enable the Bank to perform its public duties, nor in any sense "proper" because it is vitally subversive of the rights of the States. The government of the Uni ted States have no constitution al power to purchase lands within the States, except "for the erection of forts, magazines, arsenal, dock-yards, and other needful buildings," and even for these objects only "by the con sent of the Legislature of the State in which the same shall be." By making themselves stockholders in the Bank, and granting to the corporation the power to purchase lands for other purposes, they assume a power not granted in the Con stitution, and grant to others what they do not themselves possess. It is not necessary to the receiving, safe keeping, or transmission of the funds of the government, that the Bank should possess this power, and it is not proper that Congress should thus enlarge the powers delegated to them in the Con stitution. The old Bank of the United States possessed a capital of only eleven millions of dollars, which was found fully sufficient to enable it, with despatch and safety, to perform all the func tions required of it by the gov ernment. The capital of the present Bank is thirty-five mil lions of dollars at least twenty-four more than experience has proved to be necessary to enable a bank to perform its public functions. The public debt which existed during the period of the old Bank, and on the establishment of the new, lias been nearly paid off, and our revenue will soon be reduced, tins increase of capital is, therefore, not for public, but for private purposes. The government is the only "proper" judge where its agents should reside and keep their offices, because it best knows where their presence will be "necessary." It cannot, there fore, be 'necessary' or 'proper' to authorize the Bank to locate branches where it pleases, to perform the public service, without consulting the govern ment, and contrary to its will. The principle laid down by the Supreme Court concedes,' that Congress cannot establish a bank for purposes of private speculation and gain, but only as a means ot executing the de legated powers of the General r:..., i. vjuveuimeui. oy tne same principle, a branch bank cannot constitutionally be established for other than public purposes The power which this act gives to establish two branches in any State without the injunction or request of the government, and for other than public purposes, is not 'necessary' to the due ex ecution of the powers delegated to Congress. The bonus which is exacted from the Bank is a confession upon the face of the act, that the powers granted by it are greater than are 'necessary' to its character of a fiscal agent. The government does not tax its officers and agents for the privilege of serving it. 'The bonus of a million and a half, required by the original charter, and that of three millions pro posed by this act, are not exac ted for the privilege of iriviug the necessary facilities ior trans- furring the public ihniln from place to place, within the United States, or the territories thereof, aud for distributing the same in paymentof the public creditors, without charging commission or claiming allowance on account of the difference of exchange" their taxing power with peculiar as required by the act of incur-'jealousy. They surrendered it poration, but for something only as it regards imports and more beneficial to the stock- exports. In relation to every holders. The original act de-1 other object within their juris clares, that it (the bonus) is j diction, whether persons, prop granted "in consideration of theUrty, business or profession, it exclusive benefits and privileges was secured in as ample a man continued by this net to the said j ner as it was before possessed, corporation for fifteen years asjAll persons, though United aforesaid." It is, therefore, for j States officers, are liable to a "exclusive privileges and bene- poll tax by the States within fits" conferred for their own use) and emolument, and not for the! the United States are liable to advantage of the government, Ithc usual land tax, except in the that a bonus is exacted. These new Stales from whom agree surplus powers, for which thejnients that they will not tax un Bank is required to pay, cannot jsold lands, are .exacted when surely be "necessary" to makeitheyareadmittedintothe Union: it the fiscal agent of the Trea- j horses, wagons, any beasts or sury. If they were, the exac- j vehicles, tools or property, be tion of a bonus for them would longing to private citizens, tho' not be "proper." J employed in the service of the ' It is maintained by some thati United States are subject to the Bank is a means of execu-l State taxation. Every private ting the constitutional power! business, whether carried on by "to com monevand reu ate the! value thereof." Congress have established a mint to coin mo ney, and passed laws to regu late the value thereof. The money so coined, with its value so regulated, and such foreign coins as Congress may adopt, are the only currency known to the Constitution. But if they have other power to regulate the currency, it was conferred to be exorcised by themselves 7, 1833, and not to be transferred to a corporation. If the Bank be established for that purpose, with a charter unalterable, with out its consent, Congress have parted with their power for a term of years, during which the Constitution is a dead letter, ft is neither necessary nor pro per to transfer its legislative powers to such a Bank, and therefore unconstitutional. By its silence, considered in connexion with the decision of the Supreme Court in the case of McCulIoch against the State of Maryland, this act takes from the States the power to tax a portion of the banking business carried on within their limits, in subversion of one of the strong est barriers which secured them against federal encroachments- ! Banking, like farming, rnanu- fncturing, or any other occupa tion or profession, is a business, the right to follow which is nut originally derived from the laws. Every citizen and every compa ny of citizens in all of our States, possessed the right un til the State Legislatures deem ed it good policy to prohibit private banking bylaw. If the prohibitory State laws were now repealed, every citizen would again possess the right. The State Banks are a qualified res toration of the right which has been taken away by the laws against banking, guarded by such provisions and limitations as m the opinion of the State I Legislatures, the public interest -requires. These corporations, j unless there be an exemption in j their charter, are, like private bankers and banking compa nies, subject to fctate taxation. The manner in which these taxes shall be laid depends ' wholly on legislative discretion. It may be upon the Bunk, upon ! the stock, upon the profits, or in ! any other mode which the sove- reign power shall will. Upon the formation of the Constitution, the States guarded which they reside; the lands of an omecr ol tne uenerai kjqv eminent or not, whether it be mixed with public concerns or not, even if it be carried on by the government of the United States itself, separately or in partnership, falls within the scope of the taxing power of the State. Nothing comes more fully within it than banks and and the business of banking, by whomsoever instituted and car ried on. Over this whole sub Vol Fill No 50. ject matter, it is just as abso lute, unlimited and uneontrola ble as if the Constitution had never been adopted, because in the formation of that instrument, it was reserved without qualifi cation. The principle is conceded, that the States cannot rightfully tax the operations of the General Government. They cannot tax the money of the government deposited in the State Banks, nor the agency of those Banks in remitting it; but will any man maintain that their mere selec tion to perform this public ser vice for the General Govern ment would exempt the State Banks and their ordinary busi ness from State taxation. Had the United States, instead of establishing a Bank at Philadel phia, employed a private banker to keep and transmit their funds, would it have deprived Pennsylvania of the right to lax Ins Bank and his usual banking operations! It will not be pre tended. Upon what principle, then, are the banking establish ments of the Bank of the Uni ted States and their usual bank ing operations, to be exempted from taxation. It is not their public agency or the deposits of the government which the States claim a right to tax, but their banks and their banking pow ers, instituted and exercised within State jurisdiction for their private emolument those powers and privileges for which they pay a bonus and which the States tax in their own banks. The exercise of these powers within a State, no matter by whom, or under what authority, whether by private citizens in their original right, by corporate bodies created by the States, by foreigners or the agents of foreign governments located within their limits, forms a legi timate object of State taxation. From this, and like sources, from the persons, property, and business, that are found resi ding, located or carried on un der their jurisdiction, must the States since the surrender of the right to raise a revenue from imports and exports, draw all the money necessary for I he support of their governments and the maintenance of their independence. There is no more appropriate subject of taxation than banks, banking and bank stocks, and none to which the States ought more pertinaciously to cling. It cannot be necessary to tho character of the Bank, as the fiscal agent of the government, that its private business should be exempted from that taxation to which all the State banks are liable; nor can 1 conceive it "proper" that the substantive and most essential powers re served by the States shall be thus attacked and annihilated as a means of executing the pow ers delegated u the General Government. It may be safely assumed that none of those sa ges who had an agency in form ing or adopting the Constitu tion, ever imagined that any portion of the taxing power of the States, not prohibited to them nor delegated to Con gress, was to be swept away and annihilated as a means of executing certain powers dele gated to Congress.