impulse of passion or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community." FEBRUARY, 1814. contention for the public weal. This spirit requires not any departure from deliberate opinion, unless it is shown to be erroneous. Such a con"The inference to which we are brought, is, that the cession would be a dereliction of duty. Its incauses of faction cannot be removed, and that relief is junctions would be but few, and, it is to be hoped, only to be sought in the means of controlling its effects. not difficult of observance. Seek to uphold your If a faction consists of less than a majority, relief is measures by the force of argument, not of denunsupplied by the republican principle which enables the ciation. Stigmatize not opposition to your nomajority to defeat its sinister views by regular vote. tions with offensive epithets. These prove nothIt may clog the Administration; it may convulse the society; but it will be unable to execute and mask its ing but your anger or your weakness, and are violence under the forms of the Constitution. When sure to generate a spirit of "moral resistance," a majority is included in a faction, the form of popular not easily to be checked or tamed. Give to PreGovernment on the other hand enables it to sacrifice sidential views Constitutional respect, but suffer to its ruling passion or interest, both the public good them not to supersede the exercise of independent and the rights of other citizens. To secure the public inquiry. Encourage instead of suppressing fair good and private rights against the dangers of such a discussion, so that those who approve not may faction, and at the same time to preserve the spirit and at least have a respectful hearing. Thus, withthe form of popular Government, is then the great ob-out derogating a particle from the energy of your ject to which our inquiries are directed. Let me add, measures, you would impart a tone to political that it is the great desideratum by which alone this dissensions which would deprive them of their form of Government can be rescued from the oppro- acrimony, and render them harmless to the nation. brium under which it has so long labored, and be recommended to the esteem and adoption of mankind." If this doctrine were then to be collected from the history of the world, can it now be doubted, since the experience of the last twenty-five years? Go to France-once Revolutionary, now Imperial France-and ask her whether factious power or intemperate opposition be the more fatal to freedom and happiness? Perhaps, at some moment when the eagle eye of her master is turned away, she may whisper to you to behold the demolition of Lyons, or the devastation of La Vendee. Perhaps she will give you a written answer. Draw near to the once fatal lamp post, and by its flickering light read it, as traced in characters of blood that flowed from the guillotine-Faction is a demon! Faction out of power is a demon enchained! Faction, vested with the attributes of rule, is a Moloch of destruction! Sir, if the denunciations which gentlemen have pronounced against factious violence are not merely the image of rhetorical pomp; if they are, indeed, solicitous to mitigate the rancor of party feuds; in the sincerity of my soul I wish them success. It is melancholy to behold the miserable jealousies and malignant suspicions which so extensively prevail, to the destruction of social comfort, and the imminent peril of the Republic. On this subject I have reflected much-not merely in the intervals stolen from the bustle of business or the gaiety of amusement, but, in the moments of "depression and solitude," the most favorable to the correction of error. For one, I am willing to bring a portion of party feeling and party prejudice, as an oblation at the shrine of my country. But no offering can avail anything, if not made on the part of those who are the political favorites of the day. On them, it is incumbent to come forward and set the magnanimous example. Approaches or concessions on the side of the minority would be misconstrued into indications of timidity, or of a hankering for favor. But, a spirit of conciliation, arising from those ranks, would be hailed as the harbinger of sunny days, as a challenge to liberality, and to a generous The nominal party distinctions, sir, have become mere cabalistic terms. It is no longer a question, whether, according to the theory of our Constitution, there is more danger of the Federal encroaching on the State Governments, or the democracy of the State governments paralyzing the arm of Federal power. Federalism and Democracy have lost their meaning. It is now a question of commerce, peace, and union of the States. On this question, unless the honesty and intelligence of the nation shall confederate into one great American party, disdaining petty officekeeping and office-hunting views, defying alike the insolenee of the popular prints, the prejudices of faction, and the dominion of Executive influence-I fear a decision will be pronounced fatal to the hopes, to the existence, of the nation. In this question, I assuredly have a very deep interest, but it is the interest of the citizen only. My public career, I hope, will not continue long. Should it please the Disposer of Events to permit me to see the great interest of this nation confided to men who will secure its rights by firmness, moderation, and impartiality abroad, and at home cultivate the arts of peace, encourage honest industry in all its branches, dispense equal justice to all classes of the community, and thus administer the Government in the true spirit of the Constitution, as a trust for the people, not as the property of a party, it will be to me utterly unimportant by what political epithet they may be characterized. As a private citizen, grateful for the blessings I may enjoy, and yielding a prompt obedience to every legitimate demand that can be made upon me, I shall rejoice, as far as my little sphere may extend, to foster the same dispositions among those who surround me. SATURDAY, February 19. Mr. LEWIS presented the petition of the Justices of the Peace in the District of Columbia, praying that the laws providing for the collection of small debts may be revised and amended, so as to prevent the numerous frauds committed on cred itors. Referred to the Committee for the District of Columbia. Mr. WEBSTER presented a petition of sundry inhabitants of Concord, in the State of Massachusetts, praying that heavy duties may be laid on all spirits distilled from domestic materials, in order to prevent the consumption of articles of produce used in their manufacture.-Referred. Mr. EPPES, from the Committee of Ways and Means, reported a bill declaring the assent of Congress to an act of the General Assembly of Tennessee, therein mentioned; which was read twice and committed to a Committee of the Whole. Mr. EPPES reported a bill for the relief of Jas. Patton; which was read twice and committed to a Committee of the Whole. On motion of Mr. EPPES, Ordered, That the Committee of Ways and Means be discharged from the consideration of the resolutions of the Legislature of Tennessee, presented on the 4th instant, and that they be referred to the Committee of the Whole to whom is committed the bill to authorize the Secretary of the Treasury to subscribe, on behalf of the United States, for seven hundred and fifty shares of the capital stock of the Chesapeake and Delaware Canal Company. H. OF R. tribe, Mr. D. said, had always been hostile; they Mr. DESHA said the fact he had stated could not be questioned; but, as the gentleman wished to inquire into the circumstances, he had no objection to withdraw the motion to lay the memorial on the table. and Mr. McKIM, of Maryland, rose to renew the motion. He said it was much to be regretted that in the prosecution of the war any religious society should sustain a loss in its property, Mr. MCKEE, from the Committee on the Pub- particularly the United Brethren, who were genlic Lands, reported a bill giving the right of pre-erally a most inoffensive and well-disposed peoemption in the purchase of lands to certain set-ple. In the prosecution of the war, their town tlers in the Indiana Territory; which was read twice and committed to a Committee of the Whole. Mr. TROUP, from the Committee on Military Affairs, reported a bill to provide for the widows and orphans of officers who shall die in the military service of the United States; which was read twice and committed to a Committee of the Whole. Mr. LOWNDES, of South Carolina, reported a bill to authorize the President to cause to be built or purchased the vessels therein described. [The bill contemplates the employment or building of any number of vessels, not exceeding twenty, carrying not less than 16, or more than 22 guns, if in his opinion the public service shall require it.] The bill was twice read and committed. CLAIMS OF MORAVIANS. and property was represented to have been destroyed. But this property was within the settlements of the enemy, and exposed, according to the usages of war, to injury from an invading force. We also, said he, have had some villages destroyed; but none of our citizens, that I have heard of, have thought proper to petition the Parliament of Great Britain for remuneration for the destruction of their property; and if they had, it would be thought a curious procedure. At the conclusion of the war, some mutual indemnity might be provided for sufferers of this character; but until that time, and in any other manner, he did not believe the petitioners could obtain relief. Mr. ROBERTS said he was still convinced of the propriety of referring this petition. The persons living in the towns destroyed were Indians, within the British jurisdiction, indeed located on lands ceded to them by the British Government, but not under its authority. They were attached Mr. ROBERTS, of Pennsylvania, presented a peti- to the Society of the United Brethren by its mistion of John G. Cunow, acting in behalf of the mis- sionaries, and were entirely free and independent sionary concerns of the Society of United Brethren, of the Canadian Government. In the late expecommonly called Moravians, praying compensa-ditions against the hostile Indians, their settletion for depredations committed on the property of the Indians, who had incorporated themselves into their society, by the army commanded by General Harrison, at the Moravian towns in Upper Canada. Mr. ROBERTS moved to refer the petition to a select committee. Mr. DESHA, of Kentucky, said that to his knowledge several Indians of the very tribe alluded to in the petition had been killed in arms against us, and therefore were not entitled to particular consideration. Their town had been destroyed it was true, and in his opinion very properly. This ments had been destroyed; and he thought there could be no impropriety in inquiring, whether, consistently with justice, any indemnity could be allowed them. The motion to lay the petition on the table having been withdrawn, it was referred to a select committee. NATIONAL BANK. Mr. TAYLOR, of New York, from the Committee of Ways and Means, reported a bill to incorporate the stockholders of the National Bank; dollars. SEC. 2. Be it further enacted, That all such persons as shall, in the manner hereinafter provided, become stockholders of the bank hereby incorporated, shall be, and hereby are, ordained, constituted, and declared to be a corporation and body politic, by the name and style of "The President, Directors, and Company of the National Bank," and shall so continue, from and immediately after the passing of this act, until the first Monday in March, which will be in the year one thousand eight hundred and thirty-four; and by that name they and their successors shall and may, until that day, have continued succession, and shall be, and hereby are, made able and capable in law to sue and to be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in all courts and places whatsoever; and, that they and their successors may make, have, and use, a common seal, and may break, change, alter, and renew the same at their pleasure; and shall be in law capable of purchasing, holding, and conveying any estate, real or personal, for the use of the said corporation: Provided, That the real estate which it may be lawful for the said corporation to hold, shall be only such as shall be requisite or necessary for its business, or the accommodation of any of its officers, or such as shall have been bona fide mortgaged to it by way of security, or conveyed to it in satisfaction of debts previously contracted in the course of its dealing, or purchased at sales upon judgments which shall have been obtained for such debts, And provided further, That it shall not be lawful for the said corporation, directly or indirectly, to deal or trade in buying or selling any goods, wares, or merchandise, or commodities whatsoever, except bills of exchange, or gold and silver bullion, nor in buying or selling any stock created by any act of the United States, unless in selling the same when truly pledged by way of security for debts due to the said corporation: Provided, nevertheless, That nothing herein contained shall be construed to prevent the said bank from subscribing, at any time, to any stock or loan of the United States, and selling such stock again at pleasure, in any part of the world. And if the said corporation, or any person or persons for, or to the use of the same, shall deal or trade in buying or selling any goods, wares, merchandise, or commodities whatsoever, contrary to the provisions of this act, all and every person and persons who shall have been concerned as parties or agents therein, shall forfeit and lose treble the value of the goods, wares, and merchandises, and commodities in which such dealing and trade shall have been, one-half thereof to the use of the informer, and the other half thereof to the use of the United States, to be recovered with costs of suit. SEC. 3. Be it further enacted, That subscriptions for the said stock shall be opened and kept open by the appointment and under the direction of the board of FEBRUARY, 1814. directors of the said bank, hereinafter named, at such times and places as they shall appoint, first giving public notice thereof for the space of thirty days, in at least eighteen newspapers, printed in different parts of the United States, and subject to such rules, regulations, limitations, and conditions, as shall be by them prescribed, until the whole amount of shares for which the subscriptions were opened shall be filled. And it shall and may be lawful for the President of the United States, at any time after such subscriptions shall be opened, to cause a subscription to be made to the stock of the said corporation, as part of the capital stock thereof, on behalf of the United States, to an for the purpose of paying for said stock, subscribed for amount not exceeding six millions of dollars; and that, as aforesaid by the United States, the bank shall loan the amount of subscription, at, and after the rate of six per centum per annum, payable quarterly, for so long a time as the United States shall hold the stock, unless they shall elect to reimburse the amount of said loan at said capital stock shall be reserved for the respective an earlier period. That four millions of dollars of the States, to be apportioned among them in the ratio of their representation in the House of Representatives of the United States, and that it shall and may be lawful for the Governor of each State, at any time within one year after the passage of this act, to cause a subscription to be made to the stock of said corporation, as part of the capital thereof, in behalf of the State of which he is Goversuch State is entitled to subscribe, such stock to be nor, to an amount not exceeding the amount to which paid for in like manner with other subscriptions to the said bank, except that which shall be subscribed for by the United States, as aforesaid. That, if the whole by the States, in the manner and proportions above sum of four millions of dollars shall not be subscribed to be opened for the residue of the said four millions mentioned, the directors shall cause a new subscription of dollars, in the form heretofore directed for the original subscription. SEC. 4. Be it further enacted, That the capital stock shall be paid up by instalments, at such times, and in such portions, as the board of directors may direct, they giving at least thirty days' notice thereof, immediately prior to requiring the payment of an instalment, in all the daily newspapers printed in Washington, aforesaid, in at least one newspaper printed in each State where subscription shall be made to said stock; and in case any subscriber or stockholder shall omit, neglect, or refuse to pay the several instalments, or any one of them, on his, her, or their stock, at the time appointed, as aforesaid, then, in all such cases, the board of directors, or a majority of them, shall have power, and are hereby authorized to forfeit all such stock for the use, benefit, and account of the corporation aforesaid. SEC. 5. And be it further enacted, That, for the well-ordering, managing, and conducting of the stock, property, concerns, and affairs of the said corporation, the same shall be ordered, managed, and conducted by twenty-five directors, five of whom shall be appointed by the President of the United States, and by him changed at pleasure, and the residue shall be stockholders, and citizens of the United States, resident therein, to be chosen by the stockholders of the said corporation, in manner hereinafter provided for, which directors shall hold their offices for one year, from the first Monday of March in every year, and until others shall be duly elected in their places; and the said directors shall be elected on the first Monday of January, in every year, at the banking-house of the said bank, in the City of Washington, and at such time of day as a majority of the directors for the time being shall appoint, of which public notice shall be given by the said directors, not more than thirty nor less than ten days previous to the time of holding the said election, by an advertisement, to be inserted in all the daily newspapers printed at Washington, and in at least five of the other public newspapers printed in different parts of the United States. And the said election shall be held and made by such of the stockholders of the said corporation as shall attend for that purpose, either in person or by proxy, subject to the restriction hereinafter provided; and all elections shall be by ballot; and, if it shall happen at any election that any two or more persons have an equal number of votes, then the directors in office at the time of such election, or a majority of them, shall, at their bankinghouse, in the City of Washington aforesaid, proceed to ballot, and, by a plurality of votes, determine which of the said persons so having an equal number of votes shall be director or directors, so as to complete the whole number of directors. And the directors, so elected and appointed, shall be at liberty to take their seats at the board on the first Monday in March in each year, and shall, as soon as may be thereafter, form a board of directors at their banking-house in Washington, aforesaid, and proceed to elect by ballot one of their number, so elected by the stockholders, as aforesaid, to be their President; and, whenever any vacancy happens among the directors, so elected as aforesaid, from any cause whatever, the same shall be filled, for the remainder of the year in which it shall happen, by such person or persons as the remainder of the directors for the time being, or a majority of them, shall appoint: Provided, however, That there shall be no election for, or appointment of directors, other than to fill vacancies, as aforesaid, until the first Monday of January, one thousand eight hundred and sixteen, and that in the meantime, David M. Clarkson, Jacob Barker, John Wells, Charles Wright, George Davis, Isaac Lawrence, William R. Gray, Thomas Hazard, junior, Guy Bryan, Chandler Price, John Sergeant, Manuel Eyre, James C. Fisher, Joseph Peace, James A. Buchanan, Isaac McKim, Robert Oliver, John Cox, John McKinney, John P. Van Ness, Richard Cutts, Robert Brent, John Tayloe, Walter Jones, junior, and Thomas T. Gantt, be, and they are hereby declared to be, directors of the said corporation; and they shall hold their offices until the first Monday of March, in the year last aforesaid, and until others shall be duly elected in their places; and the directors hereinbefore named, or a majority of them, shall, at their banking-house, at Washington, choose one of their number for their President. In all elections for President, Cashier, and other agents, and for such directors as may be necessary to fill vacancies, a majority of the directors shall vote; and absent directors may constitute any director, who shall personally attend, his proxy, to vote at such elections. SEC. 6. Be it further enacted, That in case it shall at any time happen that an election of directors shall not take place on the day when, pursuant to this act, it ought to have been made, the said corporation shall not for that cause be deemed to be dissolved, but it shall and may be lawful to hold such election on such other day and in such manner as shall be prescribed by a by-law or ordinance of the said corporation for that purpose to be made. H. OF R. SEC. 7. Be it further enacted, That each stockholder or stockholders, at elections, shall be entitled to vote according to the number of shares he, she, or they shall hold, in the proportions following, that is to say: for one share, and not more than two shares, one vote; for every two shares above two, and not exceeding ten, one vote; for every four shares above ten, and not exceeding thirty, one vote; for every six shares above thirty, and not exceeding sixty, one vote; for every eight shares above sixty, and not exceeding one hundred, one vote; for every ten shares above one hundred one vote; but no State, person, copartnership, or body politic, shall be entitled to a greater number than thirty votes: Provided, That no stockholder, not a citizen of the United States and an actual resident therein, shall be entitled to vote at elections or otherwise, either in person or by proxy: And provided also, That no stockholder shall be entitled to vote at elections or otherwise on any stock, unless he, she, or they shall have held the said stock on which he, she, or they offer to vote, at least ninety days previous to such election or time of voting, and that such shares shall actually belong to a citizen or citizens of the United States of America. SEC. 8. And be it further enacted, That not less than fifteen of the directors, for the time being, shall form a board or quorum, who shall have power to make and prescribe by-laws, rules, and regulations, not repugnant to the laws and Constitution of the United States, as to them shall appear needful and proper, touching the management and disposition of the stock, property, estate, and effects of the said corporation; the duties and conduct of the affairs of said corporation; the duties and conduct of the officers, clerks, and servants for carrying on the said business, and with such salaries and allowance as to them shall seem meet: and to procure such alterations in this act of incoporation as may be hereafter authorized by law; and that not less than five of the directors, for the time be ing, shall form a committee or quorum for transacting the business of the said corporation, pursuant to the by-laws that may be made by the board of directors, who shall have power to transact such business, pursuant to such by-laws, as may be prescribed as aforesaid, in such manner as to them shall appear needful and proper: Provided, That no director, other than the president, shall be entitled to any emolument for his services as director, but that the president shall receive such salary or compensation for his services as shall be agreed upon by a majority of the board of directors. And every cashier or treasurer, before he enters upon the duties of his office, shall be required to give bond, with two or more sureties, to the satisfaction of the directors, in a sum not less than fifty thousand dollars, with condition for his good behaviour. SEC. 9. Be it further enacted, That no transfer of stock shall be valid and effectual until such transfer shall be entered or registered in a book or books to be kept for that purpose by the directors. SEC. 10. Be it further enacted, That the total amount of debts which said corporation shall at any time owe, whether by bond, bill, note, or other contract, shall not exceed double the amount of the capital stock of said bank, over and above the moneys then deposited in the said bank; and in case of such excess the directors, under whose administration it shall happen, shall be liable for the same in their separate and private capacities; but this shall not be construed to exempt the said corporation, or any estate, real or personal, which they may hold as a body corporate, from also being lia ble and chargeable for such excess; but such of the said directors as shall have been absent when the said excess was contracted, or who may have dissented from the resolution or act whereby the same was so created, shall not be liable. SEC. 11. Be it further enacted, That the officer at the head of the Treasury Department of the United States shall be furnished, from time to time, as often as he may require, not exceeding once a week, with statements of the amount of the capital stock of the said corporation, and of the debts due to the same, of the moneys deposited therein, of the notes in circulation, and of the cash in hand; and shall have a right to inspect such general accounts in the books of the bank as shall relate to the said statements: Provided, That this shall not be construed to imply a right of inspect ing the account of any private individual or individuals with the bank. FEBRUARY, 1814, said corporation, shall be binding and obligatory upon the same in like manner, and with like force and ef fect, as upon any private person or persons, if issued by him or them in his, her, or their private or natural capacity or capacities, and shall be assignable and negotiable in like manner as if they were so issued by such private person or persons; that is to say, those which shall be payable to any person or persons, his, her, or their order, shall be assignable by endorsement thereupon, in like manner, and with like effect, as foreign bills of exchange now are; and those which are payable to bearer shall be negotiable and assignable by delivery only. SEC. 15. Be it further enacted, That if any person shall falsely make, forge, or counterfeit, or cause or procure to be falsely made, forged, or counterfeited, or willingly aid or assist in falsely making, forging, or counterfeiting, any bill or note in imitation of, or purSEC. 12. Be it further enacted, That the corporation porting to be, a bill or note issued by order of the pres hereby created shall loan to the United States, over and ident, directors, and company of the National Bank, or above the amount loaned them for the payment of their any order or check of the said bank or corporation, or subscription to the capital stock of said company, such any cashier thereof; or shall falsely alter, or procure to sum or sums of money as may be required, so that the be falsely altered, or willingly aid or assist in falsely whole amount owing therefor by the United States to altering, any bill or note issued by order of the presi the said bank shall not exceed, at any one time, the dent, directors, and company of the National Bank, or sum of fifteen millions of dollars, exclusive of the mo- any order or check on the said corporation, or any ney loaned for making the said payment; and for the cashier thereof; or shall pass, utter, or publish, as amount of the said loan or loans the United States shall true, any false, forged, or counterfeited bill or note, purissue a transferrable stock, on the same terms and con- porting to be a bill or note issued by order of the presditions as the loan for seven and a half millions was ob-ident, directors, and company of the National Bank; tained, in pursuance of the act, entitled "An act authorizing a loan, for a sum not exceeding seven millions five hundred thousand dollars:" Provided, however, That all loans made to the United States by the said bank shall be fully paid and discharged, with the interest due thereon, at least one year before the time hereinbefore limited for the duration of this corporation: And provided further, That such incorporation shall continue until one year after such loans are paid, anything in this act to the contrary notwithstanding. SEC. 13. Be it further enacted, That the said corporation shall not demand any greater interest for any loan or discount than at the rate of seven per cent. per annum; such interest payable in advance. And halfyearly dividends shall be made of so much of the profits of the bank as shall appear to the directors advisable; and once in every three years the directors shall lay before the stockholders, at a general meeting, for their information, an exact and particular statement of the debts which shall have remained unpaid after the expiration of the original credit, and of the surplus of profit, if any, after deducting losses and dividends. If there shall be a failure in the payment of any part of any sum subscribed by any person, copartnership, or body politic, the party failing shall lose the benefit of any dividend which may have accrued prior to the time for making such payment, and during the delay of the same. SEC. 14. Be it further enacted, That the bills, obligatory and of credit, under the seal of the said corporation, which shall be made to any person or persons, shall be assignable by endorsement thereon, under the hand or hands of such person, and of his, her, or their assignee or assignees, and so as absolutely to transfer and vest the property thereof in each and every assignee or assignees respectively, and to enable such assignee or assignees to bring and maintain an action thereupon, in his, her, or their own name or names. And bills or notes which may be issued by order of the or any false, forged, or counterfeited order or check upon the said bank or corporation, or any cashier thereof, knowing the same to be falsely forged or counterfeited, or shall pass, utter, or publish, as true, or attempt to pass, utter, or publish, as true, any falsely altered bill or note, issued by order of the president, directors, and company of the National Bank; or any falsely altered order or check on the said back or corporation, or any cashier thereof, knowing the same to be falsely altered, with intention to defraud the said corporation, or any other body politic or person, every such person shall be deemed and adjudged guilty of felony, and being thereof convicted, by due course of law, shall be sentenced to be imprisoned and kept to hard labor for a period not less than three years nor more than twenty years, or shall be imprisoned not exceeding twenty years, and fined not exceeding five thousand dollars; Provided, That nothing herein contained shall be construed to deprive the courts of the individual States of a jurisdiction, under the laws of the several States, over the offence declared punishable by this act. SEC. 16. Be it further enacted, That the bills or notes of the said corporation, payable on demand, shall be receivable in all payments to the United States; and that after the present session of Congress no other bank shall be established by any future law of the United States, during the continuance of the corporation hereby created; for which the faith of the United States is hereby pledged: Provided, however, That nothing herein contained shall be construed to prevent the renewal of the charters of any banks now incorporated in the District of Columbia. SEC. 17. Be it further enacted, That if the corporation hereby created shall be dissolved by limitation of time or otherwise, it shall be lawful for the president and directors thereof, for the time being, to sue and be sued in any court or place by their corporate name, for and upon any cause, matter, or thing, arising previous to such dissolution, in like manner as they might have |