Spirit of Jefferson. [volume], September 27, 1844, Image 1

About Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948

Image provided by: West Virginia University

                
CIIARLESTOWN, JEFFERSON COUNTY, FRIDAY MORNING, SEPTEMBER 37,1844
? VOL. 1
SPIRIT OF JEFFERSON.
VUDLItJIIKI) WEEKLV, IIV
JAMES W. BJDLLEK)
(Office on Main street, a few doors above the
\\ , Valley IhfjK,)
At 62 00 iji advance??2 50 if paid within iix
, months?or S3 00 if not paid until after the ex
piration of the year.
{CtAdvertisements will be Inserted at the rate of
(X) per square for the fir^t three insertions, and 25 cents
for each continuance. Those not instrked on the inanu
acript for a specified time, will ba inserted until forbid,
tend charged accordingly. A liberal discount inud'.*
to those who advertise by the year.
pCrDistant subscriptions and advertisements must bo
paid in advance, or rwjwnsiWe |icr>-ons living in ilie
county guaranty thc^cttlcinerK of the mine.
IuVjguv m^cjtipxioiv
f
V
OF
ffllHSI AH? MCT
JOB PRINTING,
Excculcd with neatness and de
?spatcli, and on reasonable terms
for easli, at tlie Office of tlie
"&jririt of ^Jefferson."
A GEIVEKAIi ASSOItTUI3IVT OF
kept constantly on hand.
, ISAAC FOUKE,
TfrRACTISES iii the Superior and Interior
JL Courts of Jellbrson, Lpudoun, Clarke and
?Berkeley counties, Virginia. All business en
trusted to his care will lie promptly attended to.?
Ollice and residence at I l.'trpcrn-l'erry.
August <J, 1811?2m.
it. hume iiCTCiicit,
GTlAHLESTOU'.N, JEFFERSON Coi'NTV, VIRGINIA,
ATTENDS the Superior and Inferior Courts
of Jeft'erson, Clarke, Frederick and ilcrkelev
Counties. August a, 1844?t"
A ?'HAIV'|> 0,\' having permanently sel
tied in Ciiarieatowii, Jeflerson County, Va.,
will practice in the several Courts of Jefferson.
Berkeley, Frederick and Clarke Counties. O -
fice on Main street, over E. P. Miller's Store and
opposite the ollice of the " Spirit of Jellbrson."
July 20. 1811?am.
LAWKENCE B. WASHINGTON^
Attorney and Counsellor at Law,
ILL net as agent for persons who have Lands
!' , .I" 1,10 Virginia Military District In Ohio,
and will attend to the payment of taxes, and the
investigation of claims on said lands, tind to the
prosecution ami defence of suits in the Circuit.
Court of the United States for Ohio, and in the
Stato Courts of that State, where the interests o.
the holders of those Lands may lie involved.
(CTAny communications addressed to H. F.
Washington, Attorney at Law, Charlestown, Jcf
iferson county, Virginia, in reference to the above,
tWUi bo promptly attended to.
July 17, 1841.
S. W. JIO AG,
Dufficld'n, Jefferson Comity, Va.,
X) ESPECTFIJLLY tenders thanks to his pn
J.4* troes of the past year. They can always
?find lijmathis post, faithful to them and to himself.
July 17, 1811?tf.
A. A ?. V?. IIOf,I,A.\I>,
Wholesale and Refail Dealers
IN
anb tZDomc^tic
DRY GOODS, fyc.
Corner of Sheiiadoah A; High .streets,
IUiu'ehs-Fehhy, Va.
July 26, 1841?ly.
Voting Ladles' Hoarding School.
^IJIS School, located in the vicinity of Win
?jiff-r Chester, and devoted to the instruction of
Young Ladies in the higher branches of educa
tion?designed moro particularly as a fy>arding
? School, will bo resumed again, under the care of
T Jio subscriber, on the '2nd Monday in Sejitonbur
Ltcxf. The general arrangements of the School
Ivill bp the same as when formerly under the care
jpfthe undersigned, and will embrace a thorough
.yourse of instruction in all the branches of an Eng
lish, Classical and Ornamental Education. Terms
and particulars, more immediately interesting to
parents, furnished on application to tho undersign
ed, either personally or by letter.
S- L. EICHELBERGEIt.
f Apgerona, Aug. 30,1844?3m.
HarperS'Ferrv Male and Female
flililAlTl
fTp^ HE third term of this Seminary will com
' JL ipgnco (Providence permitting) on WcJiux
? day the 18th inst., (September,) in the basement of
'the Presbyterian Church, at 9 o'clock, A. M.?
'The usual studies embraced in an English educa
?tidri, viz: Spelling, Reading, Writing, Arithmetic,
?Geography,Grammar, Natural, Mental, and Mur
al Philosophy, Chemistry, Natural Ilistbry, As
tronomy, Algebra, Geomotry, &c? will be taught
| 'b tho,institution.
fTijpMbscr'^?r being desirous to please his pa
't\lns, pledgop himself to do all ho can for the ml
\\li\coment of his pupils. Tl|e terms of Tuition,
? ? same as last session. The number of scholars
> limited. !THOMAS D. HOOVER.
September 6, 1844?3t;
"(.'P.?Latin and Greek will bo taught in con
*i n with English studies. The Seminary
14'itlyo teen opened one week earlier if sick
1 Lid iiot prevented. Terms made known on
ation. '
T. D. H.
K<t>
tlcuicn's Finishing Store.
public 'aro/pwectfully informed that wo
aro having all' kinds of goods Made up by
of the best Tfajlb'ra in tho Union, for gentle
fa wear. Coat's?f all kinds, Pantalooiis, Vest
|&B2 made to please, or no sale. Fine Lipen
_k Coats .Will Ito made to order for
iq storo of ^
v , A. & G. \V. HOLLAND,
rtuly 17, 1814.
neatly packed and sont ton dis
' w, A.&G. VV. H
AHIKIMI, For salelH
:E. M, AlSQlJlTlI'S
From Beiilley's Miscellany! ?
soxu or tjh: out
"In an old village, nniid older hills,
Tlmt closo around their verdant u.ills to guard,
lis tottering age fioin wintry wind-. I dwelt,
1/mely and Mill,savy when tlie clamorous rooks,
Or iny own fickle changes wound tin: car
Of silence in my tower!? 'Anon.
For full live hundred years I've swung
In iny pld gray turri t high,
And many a different theme I've sung
As the time went I-lluling by !
I'vis pealid the chant ol u wedding inorn;
l'.re night I have. Kidly tolled,
To say that the bride was coming, love-lorn,
To sleep ill the churchyard mould !
Ding-dong,
My careless song;
Merry and tud,
I'u: neither long!
For full live hundred years I've swung
In my ancient turret high,
And many a different theme I've sung
As the time went stealing hy!
I've swelled the joy of a country's prido,
For a victory far off" won.
Then changed to grief tor tlu; I>rave that died
Ere my inirth had well bi gun!
Ding-dong,
My careless song;
Merry or mi' I,
lint neither long I
For full live hundred years I've swuilj
In my breezy mnvl high,
Ai.d many a different Iheine I've sung
As the. tim s w nt Mealing by!
I've chimed the diree of a nation's grief
On the death of a dear loved king.
Then merrily rum! lor ilie nexl young chief;
As toi.(-ku, I can weep or sing!
Ding-dong.
My earele-s song,
Merry or ? ad,
lint neither long!
For full five hundred years I've swims,
In my cruinjiliiiu turret high !
'Tis time my own d nth son ; were snug,
And with truth l> -fore 1 die!
I never could love the themes they gave
My tyrannized ion mi ? to lell;
One moment for cm lie, the nest for ' rave?
They have, worn out the old church bell!
Ding-doim.
M v changeful son.?;
Farewell now.
And farewell long!
political.
TO Till? PEOPfifa or TillS ilTil ( OX
GIIESSIOXAL I>ISTH1CT or VIKGIMA i
During the remarks I had tlie honor to submit
to the great Mass Meeting of your District, ur-.ir
Winchester, on the 2l)th of Aligns!, I dwelt to
-nine extent upon the hank question. In com
menting upon the authority of the beloved and ven
erated names of Washington and Madison, fn sup
port of such an institution, and behind wliiuli tlie
Whigs now entrench themselves, a.tcr explaining
tlie particular circumstances undo,' which they
had given their assent. I then undertook to show
that .Virginia had steadily refused to bow tp such
authority ; and that a Whig Assembly, compre
hending many of the Whigs now prominent lor a
Hank, not only elected a wcll-knntnl anti-Hunk
man to the Senate's so recently as 18.11, hut actual
ly, themselves, repudiated the name -, ol' Wa diiior
ton and Madison by the adoption of the subjoined
resolutions:
Extract fimil the Journal of the lhmsc of Dele
gates, Tuesday, Fib. 11 th, 1831, l"ge 1G8.
"?I. Resolved, That the (?'eneral Assembly can
not recognise, as constitutional, the. power which
has been claimed by Congress, toestablish a Uni
ted States Bank, because in the opinion of
the General Assembly, as tiiey h|ivo heretofore
solemnly declared, that power is not pi veil to Con
gress by the Constitution ol the United Suites."
" Upoii this resolution the vote was as follows :
Ayes 97, noes *27.
"The ayes?Messrs. Hanks, Potilson, Gilm"r,
Southall, Viookcr, Mil'hie, Myse, Faulkner, Col
ston, Cartmill, Wilson, ol II., Turiibull, Dailey,
Patterson, Honduras!. Mosely, Christian, Wynlt,
Johnson,'I)arboiir, Wilson, of 0;j' Scott, Joiiex ol
Elizabeth City and W., Baylor, Itftll, Marshall,
French, Stephenson, of Fu'yOtto tind i\i?holus,
Payne,^initb,of Frederick, llaleol' Giles, Sin t ?,
of Gloucester, Hail, ol Grayson, Spencer, Hruce,
Lewis, Undue, lvincheloe, Holts, Grtivo'ey, flalla
her, Wager, Ilarwood, llooe, of King George,
Dahney, Dull', Hays, Stollings, Jariffey, IIarrison,
Kimsbraugh, May, Shepherd, Smith, of Ma-oil
and Jackson, Kendon, Garland, of M., Billingsly,
Cooper, McCauly, Buck, Webb, ','fibell, Collins,
Dunton, Harvey, McLure, William*, ltoliar' on,
Adams, Janes, of Pendleton, Coles, Swanson, Sla
vin,'Dupuy, Sliands, llooe, of Prince W illiam,
Boothe, Thornton, Moorman, Waterman, Hopkins,
Baro, Jones, of Shenandoah, demands, Griffin,
Stephenson, of Sjlottsylvan a, Fit'/,luigli, Crump,
Pegram, George, McCoy, McCulloch, Honere
ford, Stangor, Cunningham, Brown, and Ruther
ford.
" Noes?-Messrs. Drummond, Damron, Garland
of A., Stewart, Pate, M< Millin, McGinnis, Burton,
Ilale, of Franklin, Woods, liarlon, Gibson; Wat
kins, Carey, Vance, Sloane, Mullen, Cathrir, Fry,
Beard, Alexander, A'ash, Carrol, McDowell, l)or
inan, McM alien, antf iMayberry."
It must bo liorne in mind tlmt this resolution
had been passed by; the Senate, ftnd was sub
mitted upon its own. principle and merits to the
House of Delegates ; the vote upoii it was taken
alone, and not upoii it in connection with the de
posed resolutions?and those opjioseil to it laid the
fullest opportunity to vote against it, and might
with pepfect propriety have done so. and yet haw;
gone for the deposite resolutions. In truth! I can't
seo how any man, under oath, could huvn voted
for this resolution, believing a bank .Constitutional.
But this is a question of casuistry and conscienco
that I leave to those immediately concerned.
Satisfied that some who had supported this em
phatic resolution would attempt to explain it away,
I read an extract from a speech of Mr. Leigh, the
Senator tljen recently elected, to show liow the
resolution was understood at the time. It must
not be forgotton that Mr. Leigh lived in Richmond
when elected?was in daily intercourse, as pre
suined, with tho members who elected him?
that the resolution was adopted the i 1th of
February,' 1831, and that on the 18tli of March fol
lowing he delivered the following lemarks:
"It is known lo the Senate," said lie, "tlwt
among the resolution* adopted by the General As
sembly of Virginia, during its last session, which
liave heretofore been laid before both house.1) of
Congress, there was ono declaring tho opinion,
that the Federal Government had nip' constitution
al authority to incorporate a National Bank ; it
contains, indeed, no positive instruction to t!i<S Sen
ators representing tile State in this .(louse ; but U
'is a deliberate, solemh, expression )ffyc sense of the
Legislature, arid 1 haie no doubt tj the general
sense of the reople of Virginia on tliA siily'iel; and
this with reference to the. question of the renewal of
the charter of.the preshii, tinnk of the. United States,
It is known to the Senate, tot), that 1 Iplijst have
accepted the trus? which a pliyio in: this body itn
jxvsps, with a full knowledge of tlio resolution to
which I have adverted. Unddr. these ciicurnstun
cqs, knowing What, was expected of mo \vlu'ii I
was elected, rdprnsoi.iting the sovereignty .'of tho
| State, atVl informed as I ?m, of hpf opinion and
lier will, even, if I should bo iilcapab'o of so far
as misrepresenting her, as to vote for a recharter
of the Hank of the U. States, for any length of time,
however short, or with any modifications whatever.
But, in truth, 1 concur in the opinion of my con
stituents on the constitutional ques ion, and that en
tirely and exactly. I have examined the arguments
for the constitutionality of such a corporation, over
and over again, delibcra'ely, and, I hope, impartial
ly; and I am quite sure the opinion 1 hate formed
is the result of my best judgment."
Now will it bo pretended that Mr. Leigh did not
understand the character and principle of the re
solution, upon which he commented, or the wish
and intention of the General Assembly !
As I anticipated, Mr. John S. Gallaher, the
Senator Of tho Winchester District, palpably im
plicated in this resolution, undertakes in the
" Free Press," of the 5th irist. what is termed "a
correction."?viz.:
" House ok Delegates.?Jan. 15, 1831.
" After the adoption of the resolutions, censur
ing the Removal of tho Depositee from tho Dank
of the United States, for which resolutions Messrs.
Faulkno', Colston, Darton, Janney, Gallaher, &c.
had voted?
A motion was made by Mr. Gilmer to amend
the report of the committee, by inserting before
the last resolution, the following
" Resolved, That it is not hereby intended to
give any implied sanction to the power wlikh has
been claimed by Congress, to establish a United
Suites Hank."
Whereupon, a motion was made by Mr. Steven
son, oi Spottsylvania, to amend the said amend
ment, by substituting therefor the following:
'? Resolved, That the Geneia! Assembly ol'Vir
ia cannot sanction the power which lias been
claimed by Congress to establish a United States
Bank, because, .n tho opinion of this General As
sembly, that power is not given to Congress by the
Constitution of the United States, as has been fre
quency and solemnly declared by the General As
sembly." Ayes 72, noes 67.
And the question being put upon tho said amend
ment to ti;o amendment of Mr. Gilmer, was deter
mined in tho allirmative. Ayes 72, noes 67.
Ayks?Messrs. Banks, (Speaker,) l'oulson,
Southall, Preston,Wilson, of liottetourt, M'Millan,
Turnbull, Dailey, Patterson, llondurant, Samuel,
Christian, Johnson, Wyatt, Scott, Baylor, Payne,
Helms,Griiswi, Smith, of Frederick,llale, of Giles,
Watkins, Hall, of Grayson, liruee, Sloan, ltoan,
kinchcloe, llolleman, I Vttgcr, I larwood, 1 tooo,oi'
King George, Carter, Dull", I lays, Stollings, Kim
hrough, May, Shepi.erd, Garland, of Mecklenburg,
liillmgsly,Cooper,McCauloy, liuek, Webb, Watts,
Harvey, Upes, Williams, Robertson, Adams,Coles,
Swatison, Slavin, Carroll, Dupuy, .Shads, Hopkins,
M'Mullen, Bare, Jones, of Shenandoah, Clemands,
Grillin, Stevenson, of Spottsylvania, Fitzhugh, Pe
gram. George,-M'Coy, M'Cnllocb, Stanger, Cun
ningham, Brown and Rutherford?72.
Nays?Messrs. Drummond, Gilmer, Booker,
Garland,of Amhurst, Stuart, Michie,Mayse,Pate,
Faulkner, Colston, CartiniII, McGinnis, Mosby,
Burton, Barbour, Wilson, of Cumberland, Jones, of
E z. City and Warwick, Marshall, Ball, French,
Woods, liarton, Cary, Spencer, Sims, VaiiQe, Mul
hn, Gather, Hulls, Gravely,Gregory,Gallaher, Fry,
Dabney, Jiinn y, Bear, Harrison, Smith, of Mason
and Jackson, lvennon, Alexander, Cabell, Collins,
Dunton, Parriott, M'Lure, Jones, of Pendleton,
Nash, Woodhouse, Hope, of Prince William,
Boot he, Thornton, Met)dial!, Darman, Moore
man, Waterman, Crump and May!jerry.?67."
lie says, "the question then i ecu r red on adopt
ing sa d ro-olution (of Mr. Gilmer) as amended
(by Mr. Stevenson,) and was decided in the allir
mative?Ayes'76, noes 63.
j " Among tho ayes, Messrs. Gilmer, Southall,
I Gibson and Smitlt. of Frederick, Wager, Watkins,
? of Goochland, McDowell, ijc.
j " Among the noes, Messrs. Faulkner, Colston,
Barton, .1. S. Barbour, Vance Mullen, Bolts, Gre
gory, Gallaher, Janney, Nash, &c.
"A motion was made by Mr. Colston, that the
i said resolutions, as amended, I.e postponed in Infi
nitely, but the House adjourned without taking the
question.
" See Journal, pages 100 and 101."
" Here are two distinct votes, in both of which
Messrs. Faulkner, Colston, Janney Gallaher, if'C.,
are recorded in tho negative, on the question to
declate a Bank unconstitutional."
Now, this is as perfect non sequiter. The ques
tion was not upon the constitutionality of a Uni
ted States Dank, but upon tho amendment of Mr.
' Graham's resolution. Mr. Gilmer, well known as
anti-bank, voted against the amendment because,
as I presume, he did not wish the deposits resold
tions embarrassed by tho bank question, and for
the same reason, I should presume, Mr. Gallaher
voted against the resolution as amended.
Dut Mr. Gallaher says,
" On tho 36th, Mr. Colston having withdrawn
his motion to postpone indefinitely, it was renew
ed by Mr. Wilson, of Dottetourt, and decided in tho
I negative?ayes 36, noes 96.
" Among the noes?Messrs. Fuulkncr, Colston,
Janney, Gallaher, Wager, if-c."
So, Mr. Gallaher voted against indefinitely post
poning a resolution against which ho had voted
and to which he was opposed 1! 1
Again, he says, " On the 17th, the subject was
resumed, and Mr. Gilmer made an incUbctual mo
tion to recommit tho resolutions, (with a view to
i separate the Deposite and tho Charter questions.)
"On tho 18th Mr. Rutherford of Richmond
' city moved to recommit tho resolutions, with a
view to separato them. Negatived?ayes 65, noes
66."
Mr. Gallhher does not inform us how ho voted
upon these etlbrts to separate the bank and depos
ite questions; of course I presume against them 1
? According to Mr. Gallaher, " The following are
the resolutions, as thoy finally passed the House
of Delegates:
" Whereas, it is deemed essential by the Gener
al Assembly of Virginia, that the power to levy
taxes, appropriate money, and control the public
revenue, should be made to abide, in practice,'
where aioiie it has beep confided by our Constitu
tion in the immediate representatives of the peo
ple : and whereas, all experience of the actual op
eration of government demonstrates that the as
sumption and exercise, by them, of unauthorized
pou'ers, become precedents, if silently acquiesced ?
in, for progressive and still greater encroachments:
Therefore,
" Resolved, That tlio recent act of the President
of the Uiiited States, exerting a control over tlio
federal revenue, by calising the.same to be remov
ed, on his own responsibility, from the United
States lknk, (wh'oro it had been deposited under
authority of an act of Congress, purporting to
charter said bank,) is, in the opinion of this Gener
al Assembly, an unauthorized assumption, and'
dangerous exercise of the executive power.
" a. Resolved, That while this General Antiem
bly will over sustain the President of tlio United
States in tlio exercise of such powers as the Cbn
| stitution has clearly confided to him, it neverthe
less contemplates with anxiety and distrust the dis
position evinced to extend those powers beyond
the proper limitations of that instrument?a dispo
sition clearly manifested in the recent subjection
oftho Treasury Department of the Federal Gov
ernment to Execntive control) in the exec lei) .of an
important discretion for which it was undo solely
responsible to Congress: Deploring aj this Gen
eral Assembly does, that interference illegal and
unconstitutional, and firmly persuaded tkat 110 na
tion ever long maintained its freedom which sur
rendered to or permitted to bo grasped by the same
band, a power over the purse and the sword:
" 3 Resolved, That our Senators in ConWess bo
instructed, and our Representatives be requested,
to adopt prompt and cliicicnt measures to icmcdy
the evil occasioned by the late unauthorized as
sumption of power by the President over the pub
lic moneys ol the U. States.
4 Resolved, That the General Assembly of
Virginia, cannot, sanction ,tl|p,,power which has
been'cliiirtfdd* iiy Congress to establish a United
States Dank, because, in the opinion of this Gen
eral Assembly, that power is not given to Congress
by the Constitution of the United States, as has
been frequently and solemnly declared by the Gen
eral Assembly of Virginia.
" 5 Resolved, That the General Assembly do not
intend by the decaration of their opinion in regard
to the unconstitutionality of the Hank of the Uni
ted States, to qualify, or in any manner to impair,
the force of their disapprobation of the withhold
ing and withdrawing of the public deposites.
"G Resolved, That the Governor of this com
mon wealth bo requested to transmit a copy of these
resolutions to cach of our Senators and Represen
tatives in the Congress of the United States."
i\ow, 1 ask Mr, Gallaher, did be not vote for all
and cach of these resolutions separately. And if
so, was it necessary lor him to vote for the 4th re
solution, against his conviction, to carry the rest
of the series.
Mr. Gallaher says :?
" The resolutions were sent to the Senate, and
were there debated for about three weeks. They
were returned, with the following substitute:
1 ?SENATE'S RESOLUTIONS."
" Ry way of Substitute."
"On Tuesday the 12th of February, 1831, the
Resolutions of the House were returned from the
Senate with amendments as follow :
" Preamble, 1st line strike out from the word
' Whereas,' to the end of the la-1 resolution, and in
sert in lieu thereof tho following;
" The General Assembly of Virginia
deem it of the utmost importance, that the pow
er to control tho pub ic revenuo should bo made
to abide, in practice, where it has been invested by
tho constitution, in the immediate representatives
of the people, and of the State? in Congress as
sembled ; and all experience of the practical ope
ration of governments has proved,'that arbitrary
assumption's of power by then(, or any ollicer of
thorn, if silently acquiesced in, become precedents
for further and still greater acts of usurpation
therefore,
" 1. Resolved by the Generat Assembly, That
the recent act of the President pf the United States,
exercising a control over the public deposites, by
causing them to he withheld and withdrawn, on
bis own responsibility, from the United States
Bank, in which tjicy had been ordered to bo placed
by the b.ct of Congress chartering said bank, is,
in tho judgment of tho General Assembly, a dan
gerous and aUirmmg assumption of power by that
' oflic'or,'which cannot bo too strongly condemned.
"2. Resolved, That while the General Assem
bly wil) ever bo ready to sustain the President in
the exercise of all such powers as tho Constitu
tion has Confided to him, they, novertholess, can
not but regard with apprehension and distrust, the
disposition to extend his ollicial authority beyond
its justand proper limits, which ho has sq clearly
manifested in bis recent interefcrence with the
Treasury Department of tho Federal Government,
in the fxerciso of n sound discretion which Con
g-ess lias confided to tho head of that department
alone.
" 3. Resolved, That our Senators in Congress
bo instructed, and our Representatives requested,
t > use their host exertions to procure the adoption
of proper measures for restoring the public moneys
11 the Hank of the United States, or at least, for
causing them to bo deposited therein for the future,
according to the direction and stipulation of the
act of Congress chartering the said bank; if, at
any time of their action 011 the subject the said
biiik be, in their opinion, a safe depository of the
public treasure.
"4. Resolved, That the General Assembly can
not recognise as constitutional the power which
has befii claimed by Congress to establish a Uni
ted States lhink, because, in tho opinion of the
General Assembly, as tlioy have heretofore sol
emnly declared, that power is not given to Con
gress by the Constitution of the United States.
"6. Resolved, That tho General Assembly do
not intend by tho declaration of their opinion in
regard to tho unconstitutionality of the Rank of
tho United States, to qualify, or in any manner to
impair, tho force of their disapprobation of the
.vithholding and withdrawing tho public deposites.
" G. Resolved, That the Governor of this com
monwealth be requested to transmit a copv ofthe.se
resolutions to each of our Senators and Represen
tatives in the Congress of the United States."
Mr. Gallaher then gives the
Proceedings on the 4th Resolution, returned from
the Senate.
" After the three first amendments of tho Sen
ate (not varying tho principle of either,) were con
curred in, the 4th resolution was read as follows :
" Resolved, That tho General Assembly cannot
recognize as constitutional the power which has
been claimed by Congress to establish a United
States Rank, because, in the opinion of tho Gen
eral Assembly, as tlioy have heretofore solemnly
declared, that power is not given to Congress by
the Constitution of the United States."
" A motion was made by Air. \Vatkins,to amend
tho same, by adding thereto the following:
" And that our Senators in Congress be instruct
ed, and our Representatives requested, to use their
best efforts to prevent the re-charter of the Bank
of tho United States."
" WjrercUpoii, a motion Was made by Mr. Jan
noyjto amend the said amendment offered by Mr.
Watkins, by inserting at tlio end tliereof,' upon
the grounds of its unconstitutionality, and that
they bp further instructed to vote against the es
tablishment of any other bank.'"
'I And the question being put upon the said
amoridinent projwsed by Mr. Janney, was deter
mined in the aflirmativo. Aves 76, noes 47.
(Among the negatives, Meiers. Faulkner, Col'
etojv Barton, Gibson, Gallaher, McDowell, &C.]
''The question then recurred upon adopting'
the said amendment oflered by Mr. Watkins, as.
amended, and was determined in tho negative?
ayei 47, noes 83.
"(Among tho negatives, Messrs. Faulkner, Col
?toq,'Barton, Gibson, Vanco, Sloan, Mullen, Gal
laher, Wager, Janney, McDowell, &c.] ? fc!go Jour
nal, p. 169."
? lie then says:
''Here is another distinct negative to tho decla
ration that the Bank was unconxtilulional, in which
my position is clearly defined.1'
Si Now, I ask is it the fact ? Does not thd resohw,
' tio.ii Contain all in denunciation of i Bank that
coiiltl have been required. Mr. Watkins' ainend
meVil does not. toucli. the.constitutional question,
it was a mere instruction,?Mf. Janrioy'i! was en
tirely superfluous (ind ought to - havti been voted
down, How then does voting "gainst a suporflu
ous amendment contain another distinct nega
tive to tlie declaration that the bank was unconsti
tutional," when in the next breath Mr. Gallahor
voted for the said 4tl/ resolution.
" Jlcsolted, That the Genoral Assembly cannot
recognize as constitutional the powor which has
been claimed by Congress to establish a United
States Bank, because, in the opinion of tjio. Gen
eral Assembly, as they havo heretofore solemnly
declared, that power is not given to Con^r js by
the Constitution of tho United States." a
IIe says, " The question thOn rccurredjipon the
adoution of the said fourth resolution contained
in tho Senate's said umendluenLund \y?9;datcr
inlnedwlhe afllmiativ'ci ' Ayes 97, np(3S in, : :
The voters'names have been given. / ' fi;
IIo says, " If tho rcadeif.wiH examiner'the-Rli
Resolution of the House, involving tho principle,
and also examine all tho amendments ollbred to it
at dillerent times, and notice that \vc were coinpell
edat last to choose between aUernimve propositions,
(both of which were carried against our recorded
votes,) there will bo no difficulty in ascertaining
the opinions of myself and associates."
Now, this is most precious! Tho 4th Resolu
tion distincly allirms the unconstitutionality of a
United State-; Hank. What was the alternative
proposition Mr. Gallahor alludes to, containing a
dillerent principle, I am yet to know. How was
Mr. Gallaher compelled to vote for the 4th Reso
lution ? Could ho not havo said no, as well as
aye ? The 3 lirst resolutions as amended by the
Senate, were promptly agreed to by the House,
and then the 4th came up, and alter the amend
ments ollered were voted down, tho question was
nnon the passage of the resolution as sent to tho
House from tho Senate; and for this resolution
without necessity, without compulsion, and of his
own free will Mr. John S. Gallaher, Senator for
the Winchester District, voted, and, that too,
ofiicially, under oath against what he now says
was his unquestioned opinion!!! lie says, "1
was always a Rank man, and gave no vote incon
sistent with that opinion." Of this the public
can now judge.
Air. Gallaher says, " As !o myself, individually,
it is of little importance about my consistency."?
This may bo true with him, and lie is welcome to
tho comfort that such a rellection ficems to allord
him.
Mr. Gallahor in conclusion sayi*,
"1 suppose Mr. Smith's chiol purpose was to
bear upon Air. Leigh, who declared his concur
renco with the Legislature in their opinion about
tho Rank."
In this, Air. Gallaher is entirely mistaken. I
had no wish or desiro "to bear upon Mr. Loigti,"
for I believo his opinion upon the Rank question
yet unchanged. Rut my purpose was to show
that many of the Virginia Whig politicians of the
present day, now loud and boisterous for a Rank,
recently, under the higest responsibilities and tho
most solemn sanctions known to tho public ser
vant, declared themselves against one, in con
formity with such sentiments, elected to tho Sen
ate of the United States to represent in part tho
sovereignty of Virginia, and to act upon tho Rank
subject; a njjnii known to be hostile to such an in
stitution; and thereby 'did all in their power, to
defeat tho recharter of tho United State's Rank,
scoutingand repudiating tho authority of tho names
of Washington and Madison as worthless and of
non-oflcct; but which authority thoy ring through
out all the limits of tho Commonwealth, as omni
potent and conclusive)
Far bo it from ino to do'any man injustice. I
havo no occasion so to do, thank God, for the ac
complishment of any purpose, I entertain. Rut 1
havo a right to call public men, to tho bar of pub
lic opinion, and there strip them of that moral pow
er, without which they cannot accomplish thoso
party ends, which I believe, before man and God,
to ho fatal to the prosperity of my country,?to
public liberty,?and to tho happiness of mankind.
I write, follow citizens, in great haste, within
an hour of my start for the Charlottesville Con
vention, without tho Journal of the House of Del
egates, and compelled to rely upon Mr. Gallaher's
address lor most of the proceedings I hero present
you. These circumstances may involve me in
error, of which however, I am not aware; but they
will also, I trust, secure me your indulgence if I
should have blundered; of which, however, I en
tertain no fears.
I am, Gentlemen, with great respcct,
Your follow citizen.
WM. SMITH.
A GRAPHIC SKETCH.
Wo find the following in the American Travel
ler of July 18, 1831?a paper that, like neutrals
generally, has leaned clear over to Clayism.
'J his was written, however, when the editor had
no idea that this same James 1C. Polk would ever
be a candidate for the Presidency :
HON'. JAMES K, POLK OP TENNESSEE.
The Speaker of the House is, considering the high
station he occupies, a young man ; his age is be
tween forty and forty-five. In his person lie is
rather spare, and about livo feet nine inches in
height. Ilis hair i dark, with a slight sprinkling
of grey about the temples;?His countenance is
expressive, and except when something occurs to
disturb his equanimity, is indicative ot good na
ture, and very often lighted up with a smile.
His eyes aro bright and searching, and an excite
ment within is more visible through them, tlmn
through those of almost any other individual with
in my kuowlcdge. As a delmtor, 011 the lloor of
the House, he always acquitted himself well; en
ergy and quickness of apprehension are his char
acteristics, and as the Chairman of the Commit
tee 011 Ways and Means, he had ample opportuni
ty to call all his ellbrts into requisition. Any sub
jjet which he undertakes to investigate, he en
ters into with all his powers; arid it is never tell
until silted to the bottom. In debating rhetorical
liguies are seldom resorted toby him?poetry anil
flourish are left for those who wish to tickle by
imagination?while he contents himself with
sound and convincing argument, plainly, but for
cibly put forth ; and lie never loses sight for a mo
ment of the point in issue.
Since he has occupied the Speaker's chair, his
eflbrts have been untiring to perfect himself in
parliamentary law, and to administer it with im
partiality ; and while he presides over the delib
erations of the House, with all the dignity due the
situation of presiding officer over the representa
tives of a great and Iree people, there is mingled
with his maimers a plain, unostentatious bearing
which does honor to himself, and is in keeping
with the true principles of a republican govern
ment. This pharisaical prido which exclaims?
" pur eyrie bhildeth in the cedar's top"?belongs
not to James K. Polk ; ho is a democrat in princi
ple and in practice, and any man who has had any
intercourse with him,.will agree with the writer
hereof in opinion, that honesty of purpose, upright
ness of principle, and an exalted uenso of moral
responsibility, urd the beacon lights which guide
iiis course across the ocean of existence.
lie was elected Speaker, it is true, by a party
Vote; and is, as the Speaker of the American House
of Representatives must always necessarily be, a
party man; and, under the peculiur cirCunnstan
cos of his election, the place, during the first ses
sion which he filled it; was rendered us embarrass
ed as possible. Questions of order were multiplied
upon him, and Ije was called upon to give coh*
structions to tlici lex parlifimcntaria ujx>n every
question\\;'iere, by possiliility, a question could be
started. He passed through the trial, however,
with honor to himself, arm with .satisfaction to
t hose who elected him ; and his urbanity and gen
tlemanly bearing was such, as to disarm oven
ins opponents of their rancor.
Though, at times, Colonel Polk may appear,
to his political opponents to bo governed by par
ty fecliilg' in tho course ho pursues in dischftrg
I in'' tho dutios of Speaker, I do not believe any con
sideration would tempt him, intentionally, to
awerve ono hair's breadth from what ho honestly
believed to bohtedutyv botftt! ?6hi?t%ioiicos"\vliat
I tliey may, he will over be found pursuing that
I course which ho thiijkj will result most honorably
to his country,
Mil. cij,vv in Tjii? moiirr.
Wo are not one of those who reject a truth tie*
caiijR it happens to be announced or acknow
ledged by an enemy. Tho great leador of tho
Whig party himself, wrong as he is on so many
j questions ol legislation, is right 011 somo others,
I and .now and then utters truths which eoine indi
rect conflict with the theories of his followers.
For example, tho Whig journals and speakers
at Whig meetings, are never tired of ropeating
that log chains and fustians, and cotton sheetings,
are not at all dearer for being highly taxed by tho
tariff, but are in fact a great deal chcapcr. In
this they are contradicted not only by common
sense, bjitby the father of tho American system
himselt. The following words were uttered by
.Mr. Clay in Congress; they will bo found in
(Jales and Seaton's Debates, volume i.\. pago <106.
" If thero is any truth in political economy, it
cannot be that the result would ugroo with tho
I prediction?for we aro instructed by all experience,
that the consumption of any article is in propor
I tion to the reduction of its price, ami that in ge
neral it may bo taken as a ru 10, that the dutu upon
an article forms a portion of its price."
Mr. Clay probably little thought when I10 was
uttering this pla 11 truth, that it was to overset
the beautiful theory which his followers have
been building up with so much pains. The duty
I upon an article forms, says Air. Clay, a imrtion
ol its price. Let us take this rule of Mr. Clav's
I along with us, and try Air. Clay's moderate and
reasonable tariff by it.
.O.* chains'.pay four cents a pound on tho iron
ol which they are made. This is computed to
lie about 175 per cent, upon its value. Tho
woodman, therefore, who spends ten dollars in
log chains, pays more than six of it either to tho
I j??vorn"\?Ut or to tho American nianufactucer.-?
1 ho duty, says Air. Clay, forms a portion of the
prico.
.Smoothing irons pay two cents and a half a
pound in .Mr. Clay's moderate and reasonable ta
rill. I his makes an addition of about a hundred
I'^n ''ie'r cost- According to Mr. Clay's
bill, the laundress, for (his implement of her voca
tion, is taxed two dollars and a half out of every
live which she pays for it.
Sugar pays two cents and a half a pound ; mo
lasses parys four nifIM'afKl"a"half a pound." On
these urticlcs, if Air. Clay's rule be truo, the
farmer pays on an ayeragoj half tho price that
they cost Acre, either to tho Treasury or to tho
Louisirtna planter.
Wo aro charged with six cents duty on refined
sugar. According to Air. Clay, this forms u part
ol tho price, and we cannot sweoten our tea with
out paying a tribute to Air. Woolscy, who left
England to help toinakoa tarifl'for Americans, of
which he now reaps tho benofit.
Salt pays a duty of sixteen cents on the hun
dred weight, rhjs makes part of the price; it is
mid to the Government or pockoted by the salt
boiler.
Brass kettles are charged each twelve cents
for every pound they weigh. If Mr. Clay's rule
bo true, the tax goes into the pockets of PJielns
and Dodge. 1
Fustians, the most durable of all cotton fabrics,
pay n duty of more than their original cost. Ac
cording to Air. Clay, of every dollar which tho
laborer expends for a pair of fustian pantaloons,
ho pays at least fifty cents to Air. Schuck of Alat
tnnwan.
Shirtings are still more heavily taxed. Moro
than half of what the laborer pays for his shirt, if
there is any truth in Air. Clay's rule, goes to tho
owners ol the Lowell factories.
Printed calicoes aro burdened With p.n equal
tax. The farmer, when ho buys a calico frock
or his wile, which co^ts him two dollars and a
hall, pays the greater part of the money, if wo
tuke Mr. Clay's rulo for truo, to Air. JSimmonr, or
?omo other Uhodc Islander.
We might go on this way through the whole of
tho tarill. It is true that when the duty is eo
enormously high as to lie wholly prohibitory, the
price ol the articlo is not always raised in pro
portion to tho amount of the duty. But the only
reason is, that in such cases, tho duty is so heavy,
that if it were added to the price, it Would make
the price so exorbitant that few would have the
means to purchase.
Tho increase of price is, liowoi .-, even in such
cases, an approximation more or less near to tho
amount of the duty imposed, and Air. Clay, in
laying down tho rulo that the duty is incb.ded in
the price, uttered nil important general tinth, at
tho same timo that ho pronounced the severest!
condemnation of the tarill' which ho now calls mo
derate and beneficial.?A'. 1'. livening Post.
Clay wanted to Tax Tea and C6FrEE.?
Tlio poor terror-stricken editors of the Whig
party are becoming perfectly demented. Ono
week, they say that Col. l'olk is in favor of free
trade; and,the next week they charge him with
voting for a tUrill'even on tea and collec ! How
consistent!
Uy rcferciicc to tho proceedings of tlio extra,
session of the Whig Congress, in 1811, it will bo
seen that Air. Woodbury proposed to modify tho
tariff bill, (then under consideration,) so as to al
low tea and coiVete to come in duty freo. Ilcnry
Clay, and nine other Whigs voted against tho
proposition of Sir. Woodbury. Before the vote
was taken, Ilenry Clay made a speech against
exempting tea and colleo from taxation) and de
elated that, as "he feared he was to be deserted
by his friends, ho hoped that some of those op
posed to. him would vote for this tax. But, al
though Moven t of his friends deserted him, no
Democrat could be found who was ready to join
him. Those who voted for striking' out the tax
on tea and coffee, were as follows :
Messrs. Allen, Bates, Benton, Buchanan, Cal
houn, Choate, Clay, of Alabama,) not of Ken
tucky,; CISiVton, Cuthbert, Dixon, Evans, Fulton,
Graham, Huntingdon, King, Linn, McRoberts,
Matjguni, iMiller, Morehead, Mouton, Nicholson,
Phelps, Pierce, Porter, Prentiss, Sevier, Simmons,
Smith of Conn., Smith of la., Sturgeon, Wright
and Young.
Those who voted for taxing these articles were:
Messrs. Archer, Barrow, Berrien, CLAY of Ky.,
Henderson,* Kerr, Merrick, Preston, llives and
Southard.?1'ek, all WhigB.
Ex-Governoj- Pope, df Kentucky, lias takon the
field in favor'of the democratic national nomina
tions, and is tying noble eervico to the good causo,