near two millions more than was anticipated at the commencement of the last session of Congress.

The amount of duties secured on importations from the first of January to the 30th September, was about twenty-two millions nine hundred and ninety-seven thousand, and that of the estimated accruing revenue is five millions, leaving an aggregate for the year of near twenty-eight millions. This is one million more than the estimate made last December for the accruing revenue of the present year, which with allowances for drawbacks and contingent deficiencies, was expected to produce an actual revenue of twenty-two millions, three hundred thousand dollars. Had these only been realized, the expenditures of the year would have been also proportionally reduced. For of these twenty-four millions received, upwards of nine millions have been applied to the extinction of public debt, bearing an interest of six per cent. a year, and of course reducing the burden of interest annually payable in future, by the amount of more than half a million. The payments on account of interest during the current year, exceed 3 millions of dollars; presenting an aggregate of more than twelve millions applied during the year to the discharge of the public debt, the whole of which remaining due on the first of January next, will amount only to fiftyeight millions, three hundred and sixty-two thousand, one hundred and thirty-five dollars and seventy-eight

cents.

applied only to the alleviation of its severity; and that, in pouring forth from the abundance of our own granaries, the supplies which will partially restore plenty to those who are in need, we shall ourselves reduce our stores, and add to the price of our own bread, so as in some degree to participate in the wants which it will be the good fortune of our country to relieve. The great interests of an agricultural, commercial, and manufacturing nation, are so linked in union together, that no permanent cause of prosperity to one of them, can operate without extending its influence to the others. All these interests are alike under the protecting power of the legislative authority, and the duties of the representative bodies are to conciliate them in harmony together. So far as the object of taxation is to raise a revenue for discharging the debts, and defraying the expenses of the community, it should, as much as possible, suit the burden with equal hand upon all, in proportion with their ability of bearing it without oppression. But the legislation of one nation is sometimes intentionally made to bear heavily upon the interests of another. That legislation, adapted, as it is meant to be, to the special interests of its own people, will often press most unequally, upon the several component interests of its neighbour. Thus, the legislation of Great Britain, when, as has recently been avowed, adapted to the depression of a rival nation, will naturally abound with regulations of interdict upon the productions of the soil or industry That the revenue of the ensuing year will not fall of the other which comes in competition with its own; short of that received in the one now expiring, there are and will present encouragement, perhaps even bounty, to indications that can scarcely prove deceptive. In our the raw material of the other state, which it cannot procountry, an uniform experience of forty years has shown duce itself, and which is essential for the use of its manuthat whatever the tariff of duties upon articles imported facturers, competitors in the markets of the world with from abroad has been, the amount of importation has those of its commercial rival. Such is the state of the always borne an average value nearly approaching to commercial legislation of Great Britain, as it bears upon that of the exports, though occasionally differing in the our interests. It excludes, with interdicting duties, all balance, sometimes being more, and sometimes less. It importation (except in time of approaching famine) of is, indeed, a general law of prosperous commerce, that the great staple productions of our middle and western the real value of exports should by a small, and only a states; it proscribes, with equal rigour, the bulkier small balance, exceed that of imports, that balance being lumber and live stock of the same portion, and also of a permanent addition to the wealth of the nation. The the northern and eastern part of our Union. It refuses extent of the prosperous commerce of the nation must even the rice of the south, unless aggravated with a be regulated by the amount of its exports, and an im- charge of duty upon the northern carrier who brings it portant addition to the value of these will draw after it a to them. But the cotton, indispensable for their looms, corresponding increase of importations. It has happen- they will receive almost duty free, to weave into a fabric ed, in the vicissitudes of the seasons, that the harvests of for our own wear, to the destruction of our own manuall Europe have, in the late summer and autumn, fallen factures, which they are thus enabled to undersell. Is short of their usual average. A relaxation of the inter- the self-protecting energy of this nation so helpless, that dict upon the importation of grain and flour from abroad there exists, in the political institutions of our country, has ensued; a propitious market has been opened to the no power to counteract the bias of this foreign legisla granaries of our country; and a new prospect of reward tion? that the growers of grain must submit to this expresented to the labours of the husbandman, which, for clusion from the foreign markets of their produce; that several years, has been denied. This accession to the the shippers must dismantle their ships, the trade of the profits of agriculture in the middle and western portions north stagnate at the wharves, and the manufacturers of our Union, is accidental and temporary. It may con- starve at their looms, while the whole people shall pay tinue only for a single year. It may be, as has been tribute to foreign industry to be clad in a foreign garb; often experienced in the revolutions of time, but the that the Congress of the Union are impotent to restore first of several scanty harvests in succession. We may the balance in favour of native industry, destroyed by consider it certain that, for the approaching year, it has the statutes of another realm? More just, and more added an item of large amount to the value of our ex-generous sentiments, will, I trust, prevail. If the tariff ports, and that it will produce a corresponding increase of importations. It may, therefore, confidently be foreseen that the revenue of 1829 will equal, and probably exceed, that of 1828, and will afford means of extinguishing ten millions more of the principal of the public debt.

This new element of prosperity to that part of our agricultural industry which is occupied in producing the first article of human subsistence, is of the most cheering character to the feelings of patriotism. Proceeding from a cause which humanity will view with concern, the sufferings of scarcity in distant lands, it yields a consolatory reflection, that this scarcity is in no respect attributable to us. That it comes from the dispensation of Him who ordains all in wisdom and goodness, and who permits evil itself only as an instrumeut of good. That, far from contributing to this scarcity, our agency will be

adopted at the last session of Congress shall be found by experience to bear oppressively upon the interests of any one section of the Union, it ought to be, and I cannot doubt will be, so modified as to alleviate its burden. To the voice of just complaint from any portion of their constituents, the Representatives of the States and People will never turn away their ears. But so long as the duty of the foreign shall operate only as a bounty upon the domestic article-while the planter, and the mer. chant, and the shepherd, and the husbandman, shall be found thriving in their occupations under the duties imposed for the protection of domestic manufactures, they will not repine at the prosperity shared with themselves by their fellow citizens of other professions, nor de. nounce as violations of the Constitution, the deliberate acts of Congress to shield from the wrongs of foreign laws the native industry of the Union. While the tariff'

various subordinate offices of the resort of that Depart The Reports from the Secretary of War, and from the ment, present an exposition of the public administration of affairs connected with them, through the course of the current year. The present state of the army, and the distribution of the force of which it is composed, will be seen from the Report of the Major General.Several alterations in the disposal of the troops have been found expedient in the course of the year, and the discipline of the army, though not entirely free from exception, has been generally good.

of the last session of Congress was a subject of legislative deliberation, it was foretold by some of its opposers that one of its necessary consequences would be to impair the revenue. It is yet too soon to pronounce, with confidence, that the prediction was erroneous.-The obstruction of one avenue of trade not unfrequently opens an issue to another. The consequence of the tariff will be to increase the exportation, and to diminish the importation of some specific articles. But by the general law of trade, the increase of exportation of one article will be followed by an increased importation of others, the duties upon which will supply the deficiencies, The attention of Congress is par cularly invited to which the diminished importation would otherwise oc- that part of the Report of the Secretary of War which casion. The effect of taxation upon revenue can seldom concerns the existing system of our relations with the be foreseen with certainty. It must abide the test of ex- Indian tribes. At the establishment of the Federal Goperience. As yet no symptoms of diminution are per-vernment, under the present Constitution of the United ceptible in the receipts of the treasury. As yet, little States, the principle was adopted of considering them addition of cost has even been experienced upon the as foreign and independent powers; and also, as proarticles burthened with heavier duties by the last tariff. prietors of lands. They were, moreover, considered The domestic manufacturer supplies the same or a kin- as savages, whom it was our policy and our duty to use dred article at a diminished price, and the consumer our influence in converting to Christianity, and in bringpays the same tribute to the labour of his own country-ing within the pale of civilization. man, which he must otherwise have paid to foreign industry and toil.

As independent Powers, we negotiated with them by treaties; as proprietors, we purchased of them all the The tariff of the last session was, in its details, not ac- lands which we could prevail upon them to sell, as breceptable to the great interests of any portion of the thren of the human race, rude and ignorant, we endea Union, not even to the interest which it was specially of letters. The ultimate design was to incorporate in voured to bring them to the knowledge of religion and intended to subserve, Its object was to balance the burdens upon native industry, imposed by the operation our own institutions that portion of them which could of foreign laws; but not to aggravate the burdens of be converted to the state of civilization. In the practice one section of the Union, by the relief afforded to ano-considered as children to be governed; as tenants at of European states, before our revolution, they had been ther. To the great principle sanctioned by that act, discretion, to be dispossessed as occasion might require; one of those upon which the Constitution itself was formed, I hope and trust the authorities of the Union as hunters, to be indemnified by trifling concessions for will adhere. But if any of the duties imposed by the a removal from the grounds upon which their game was act only relieve the manufacturer by aggravating the extirpated. In changing the system, it would seem as burden of the planter, let a careful revisal of its provi- if a full contemplation of the consequences of the change sions, enlightened by the practical experience of its ef- had not been taken. We have been far more successful fects, be directed to retain those which impart protec- in the acquisition of their lands than in imparting to tion to native industry, and remove or supply the place them the principles, or inspiring them with the spirit of of those which only alleviate one great national interest civilization. But in appropriating to ourselves their by the depression of another. hunting grounds, we have brought upon ourselves the The United States of America, and the People of when we have had the rare good fortune of teaching obligation of providing them with subsistence; and every State of which they are composed, are each of them the arts of civilization, and the doctrines of Christhem Sovereign Powers. The legislative, authority of tianity, we have unexpectedly found them forming, in the whole is exercised by Congress under authority the midst of ourselves, communities claiming to be indegranted them in the common Constitution. The legis-pendent of ours, and rivals of sovereignty within the Tative power of each State is exercised by assemblies deriving their authority from the Constitution of the Each is sovereign within its own province. The distribution of power between them presupposes that these authorities will move in harmony with each other. The members of the State and General Governments are all under oath to support both, and allegiance is due

State.

to the one and to the other. The case of a conflict between these two powers has not been supposed; nor has any provision been made for it in our institutions; as a virtuous Nation of ancient times existed more than five centuries without a law for the punishment of parricide.

territories of the members of our Union. This state of things requires that a remedy should be provided. A remedy which, while it shall do justice to those unfortunate children of nature, may secure to the members of our confederation their rights of sovereignty and of soil. As the outline of a project to that effect, the views presented in the Report of the Secretary of War are commended to the consideration of Congress.

The Report from the Engineer Department presents made in the great systems promotive of the public ina comprehensive view of the progress which has been terest, commenced and organized under the authority More than once, however, in the progress of our his-tributed to the security, as they will hereafter largely of Congress, and the effects of which have already contory, have the People and the Legislatures of one or contribute to the honour and dignity of the nation. more States, in moments of excitement, been instigated to this conflict; and the means of effecting this impulse have been allegations that the acts of Congress to be resisted were unconstitutional. The People of no one State have ever delegated to their Legislature the power of pronouncing an act of Congress unconstitutional; but they have delegated to them powers, by the exercise of which the execution of the laws of Congress within the State may be resisted. If we suppose the case of such conflicting legislation sustained by the corresponding Executive and Judicial authorities, Patriotism and Philanthropy turn their eyes from the condition in which the parties would be placed, and from that of the people of both, which must be its victims.

tions, commenced immediately after the close of our The first of these great systems is that of fortificalast war, under the salutary experience which the events of that war had impressed upon our countrymen of its necessity. Introduced under the auspices of my immediate predecessor it has been continued with the perse vering and liberal encouragement of the Legislature; and combined with corresponding exertions for the gra dual increase and improvement of the Navy, prepares for our extensive country a condition of defence adapted to any critical emergency which the varying course of events may bring forth. Our advances in these concerted systems have for the last ten years been steady and progressive; and in a few years more will be so

completed as to leave no cause for apprehension that our seacoast will ever again offer a theatre of hostile invasion.

The next of these cardinal measures of policy, is the preliminary to great and lasting works of public improvement, in the surveys of roads, examination for the course of canals, and labours for the removal of the obstructions of rivers and harbours, first commenced by the Act of Congress of 30th April, 1824.

The report exhibits in one table the funds appropriated at the last and preceding Sessions of Congress, for all these fortifications, surveys, and works of public improvement; the manner in which these funds have been applied, the amount expended upon the several works under construction, and the further sums which may be necessary to complete them. In a second, the works projected by the Board of Engineers, which have not been commenced, and the estimate of their cost.

blockades, irregularly enlisted or impressed seamen, and the property of honest commerce seized with violence, and even plundered under legal pretences, are disorders never seperable from the conflict of wars upon the ocean. With a portion of them, the correspondence of our commanders on the eastern aspect of the South American coast, and among the islands of Greece, discover how far we have been involved. In these, the honor of our country and the rights of our citizens have been asserted and vindicated. The appearance of new squadrons in the Mediterranean, and the blockade of the Dardanelles, indicate danger of other obstacles to the freedoin of commerce, and the necessity of keeping our naval force in those seas. To the suggestions repeated in the report of the Secretary of the Navy, and tending to the permanent improvement of this institution, I invite the favourable consideration of congress. A resolution of the House of Representatives, requesting that one of our small public vessels should be sent to the Pacific Ocean and South Sea, to examine the coasts, islands, harbours, shoals and reefs, in those seas, and to ascertain their true situation and descripis nearly ready to depart; the successful accomplishment For the preparation of five additional reports of re- of the expedition may be greatly facilitated by suitable connoisances and surveys since the last Session of Con- legislative provisions, and particularly by an appropriagress, for the civil constructions upon thirty-seven dif- tion to defray its necessary expense. The addition of a ferent public works commenced, eight others for which second, and perhaps a third vessel, with a slight aggraspecific appropriations have been made by Acts of Con-vation of the cost, would contribute much to the safety gress, and twenty other incipient surveys under the authority given by the Act of 30th April, 1824, about one million more of dollars have been drawn from the Treasury.

In a third, the report of the annual Board of Visitors at the Military Academy at West Point. For thirteen fortifications erected on various points of our Atlantic coast from Rhode Island to Louisiana, the aggregate expenditure of the year has fallen a little short of one mil-tion, has been put in a train of execution. The vessel lion of dollars.

of the citizens embarked on this undertaking, the results of which may be of the deepest interest to our country.

With the report of the Secretary of the Navy, will be To these two millions of dollars are to be added the submitted, in conformity to the Act of Congress of 3d appropriation of 250,000 dollars, to commence the March, 1827, for the gradual improvement of the Navy erection of a breakwater near the mouth of the Dela- of the United States, statements of the expenditures ware river; the subscriptions to the Delaware and Che-under that act, and of the measures taken for carrying. sapeake, the Louisville and Portland, the Dismal Swamp, the same into effect. Every section of that statute conand the Chesapeake and Ohio canals; the large dona- tains a distinct provision, looking to the great object of tions of land to the states of Ohio, Indiana, Illinois, and the whole, the gradual improvement of the Navy. UnAlabama, for objects of improvements within those der its salutary sanction, stores of ship timber have states, and the sums appropriated for light houses, buoys been procured, and are in process of seasoning and preand piers, on the coast, and a full view will be taken of servation for the future uses of the Navy. Arrangethe munificence of the nation in the application of its ments have been made for the preservation of the live resources to the improvement of its own condition. oak timber growing on the lands of the United States, Of these great national undertakings, the Academy and for its reproduction, to supply, at future and distant at West Point is among the most important in itself, and days, the waste of that most valuable material for ship the most comprehensive in its consequences. In that building, by the great consumption of it yearly for the institution, a part of the Revenue of the Nation is applied commercial, as well as for the military marine of our to defray the expense of educating a competent portion country. The construction of the two Dry Docks at of her youth, chiefly to the knowledge and duties of Charlestown and at Norfolk, is making satisfactory promilitary life. It is the living armory of the Nation.gress towards a durable establishment. The examinaWhile the other works of improvement enumerated in tions and inquiries to ascertain the practicability and exthe reports now presented to the attention of Congress, pediency of a Marine Railway at Pensacola, though not are destined to ameliorate the face of nature; to multi- yet accomplished, have been postponed, but to be the ply the facilities of communication between the differ- more effectually made. The Navy Yards of the United ent parts of the Union; to assist the labours, increase States have been examined, and plans for their improvethe comforts, and enhance the enjoyments of indivi- ment, and the preservation of the public property thereduals the instruction acquired at West Point enlarges in, at Portsmouth, Charlestown, Philadelphia, Washingthe dominion and expands the capacities of the mind. ton, and Gosport, and to which two others are to be Its beneficial results are already experienced in the added, have been prepared, and received my sanction; composition of the army, and their influence is felt in and no other portion of my public duties has been perthe intellectual progress of society. The institution is formed with a more intimate conviction of its imporsusceptible still of great improvement from benefactions tance to the future welfare and security of the Union. proposed by several successive Boards of Visitors, to whose earnest and repeated recommendations I cheerfully add my own,

With the usual annual reports from the Secretary of the Navy and the Board of Commissioners, will be exhibited to the view of Congress the execution of the laws relating to that department of the public service. The repression of piracy in the West Indian, and in the Grecian Seas, has been effectually maintained, with scarcely any exception. During the war between the governments of Buenos Ayres and of Brazil, frequent collissions between belligerent acts of power and the rights of neutral commerce occurred. Licentious

With the report from the Postmaster General, is exhibited a comparative view of the gradual increase of that establishment, from five to five years, since 1792, till this time, in the number of post offices, which has grown from less than two hundred to nearly eight thousand; in the revenue yielded by them, which from sixty seven thousand dollars, has swollen to upwards of a million and a half, and in the number of miles of post roads, which from five thousand six hundred and forty two, have multiplied to one hundred and fourteen thousand five hundred and thirty six. While, in the same period of time, the population of the Union has about thrice doubled, the rate of increase of these offices is nearly

forty and of the revenue, and of travelled miles, from twenty to twenty-five for one. The increase of revenue, within the last five years, has been nearly equal to the whole revenue of the Department in 1812.

cretary of State. The preparation and transmission to the Marshals of those instructions, required more time than was then allowed between the passage of the law and the day when the enumeration was to commence. The expenditures of the Department during the year The term of six months, limited for the returns of the which ended on the first of July last, have exceeded the marshals, was also found even then too short: and must receipts by a sum of twenty-five thousand dollars. The be more so now, when an additional population of at excess has been occasioned by the increase of mail con- least three millions must be presented upon the returns. veyances and facilities, to the extent of near eight hun- As they are to be made at the short sessions of congress, dred thousand miles. It has been supplied by collec- it would, as well as from other considerations, be more tions from the Postmasters, of the arrearages of prece- convenient to commence the enumeration from an earlier ding years. While the correct principle seems to be, period of the year than the first of August. The most fathat the income levied by the Department should defray vourable season would be the Spring. On a review of all its expenses, it has never been the policy of this go- the former enumerations, it will be found that the plan vernment to raise from this establishment any revenue to for taking every census has contained improvements be applied to any other purposes. The suggestion of upon that of its predecessor. The last is susceptible of the Postmaster General, that the insurance of the safe much improvement. The third census was the first at transmission of moneys by the mail might be assumed which any account was taken of the manufactures of the by the Department, for a moderate and competent re- country. It was repeated at the last enumeration, but muneration, will deserve the consideration of congress. the returns in both cases were necessarily very imperA report from the Commissioner of the Public Build- fect. They must always be so, resting of course only on ings in this City exhibits the expenditures upon them in the communications voluntarily made by individuals inthe course of the current year. It will be seen that the terested in some of the manufacturing establishments. humane and benevolent intentions of Congress in pro- Yet they contain much valuable information, and may, viding, by the Act of 20th May, 1826, for the erection of by some supplementary provision of the law, be rendered a Penitentiary in this District have been accomplished. more effective. The columns of age, commencing from The authority of further legislation is now required for infancy, have hitherto been confined to a few periods, the removal to this tenement of the offenders against all under the number of 45 years. Important knowthe laws, sentenced to atone by personal confinement ledge would be obtained by extending those columns, for their crimes, and to provide a code for their employ-in intervals of 10 years, to the utmost boundaries of hument and government while thus confined.

The Commissioners appointed conformably to the act of 2d March, 1827, to provide for the adjustment of claims of persons entitled to indemnification under the first Article of the Treaty of Ghent, and for the distribution among such claimants of the sum paid by the Government of Great Britain under the Convention of 13th November, 1826, closed their labours on the 30th of August last, by awarding the claimants the sum of ane million one hundred and ninety-seven thousand four hundred and twenty two dollars and eighteen cents; leaving a balance of seven thousand five hundred and thirty seven dollars and eighty-two cents, which was distributed rateably amongst all the claimants to whom awards had been made, according to the directions of the Act.

man life.

The labour of taking them would be a trifling addition to that already prescribed, and the result would exhibit comparative tables of longevity highly interesting to the country. I deem it my duty further to observe, that much of the imperfections in the returns of the last and perhaps of preceding enumerations proceeded from the inadequateness of the compensations allowed to the Marshals and their assistants in taking them.

In closing this communication, it only remains for me to assure the Legislature of my continued earnest wish for the adoption of measures recommended by me heretofore, and yet to be acted on by them; and of the cordial concurrence on my part in every constitutional provision which may receive their sanction during the Session, tending to the general welfare.

JOHN QUINCY ADAMS.

Washington, Dec. 2, 1828.

SMALL NOTES.

The exhibits appended to the report from the Commissioner of the General Land Office, present the actual condition of that common property of the Union. The amount paid into the Treasury from the proceeds of lands, during the year 1827, and the first half of 1828, falls little short of two millions of dollars. The The law prohibiting the circulation of small notes afpropriety of further extending the time for the extin- ter the first of January appears to have excited some unguishment of the debt due to the U. States by the pur-easiness in the western parts of the state. The grounds chasers of the public lands, limited by the act of 21st March last, to the 4th of July next, will claim the consideration of Congress, to whose vigilance and careful attention, the regulation, disposal, and preservation, of this great national inheritance has by the People of the U. States been entrusted.

of objection will be found in the following petition presented to the Legislature and the presentment of the Grand Jury of Erie county.

To the Honourable the Senate & House of Representatives of the Commonwealth of Pennsylvania:

The Memorial of the subscribers, citizens of the county of Erie would most respectfully inform your honorable bodies,

Among the important subjects to which the attention of the present Congress has already been invited, and which may occupy their further and deliberate discussion, will be the provision to be made for taking the fifth census or enumeration of the inhabitants of the United States The Constitution of the United States requires That they have noticed with deep regret and alarm that this enumeration should be made within every term the passage of a law at the last session of the Legislaof ten years, and the date from which the last enumera- ture, entitled an act concerning small Notes for the paytion commenced, was the first Monday of August of the ment of money, which act prohibits after the first day year 1820. The laws under which the former enume- of January next the circulation or passing of any bank rations were taken, were enacted at the Session of Con- note of a less denomination than five dollars within this gaess immediately preceding the operation. But con- state. It only requires an acquaintance with our local siderable inconveniences were experienced from the de- situation, the course of our trade, and the sources from lay of legislation to so late a period. That law, like which our circulating medium must come, to satisfy those of the preceding enumerations, directed that the your honourable bodies that this law, if carried into efcensus should be taken by the Marshals of the several fect, would be not only injurious but ruinous to the peodistricts and Territories, under instructions from the Se-ple of this county. We would ask your honorable bo

1828.1

dies to advert for a moment to our local situation. On the east of our county lies the State of New York; on the west the State of Ohio; on the north of the Lake communications with Canada. The South is the only part touching Pennsylvania, we stand therefore as an insulated county, almost entirely surrounded by sovereign communities, over whose circulating medium we have no control and who are not affected by this law. There is no operative Bank nearer this place in Pennsylvania, than Pittsburg, which is a distance of 130 miles, and it is but seldom we receive a note of the Pittsburg Bank unless from travellers as for want of a water communication we have little trade with the interior of Pennsylvania. It is obvious therefore from our local situation that this law would operate greatly to our injury. It is as if the law had been passed for a single county in the centre of Pennsylvania, while all the surrounding counties might freely pass and circulate small notes. It is evident how such a county would be embarrassed, especially where it was dependent on the surrounding counties, for a circulating medium; and it is equally evident that a law bearing on so small a section would not in the least increase the circulation of specie. To increase the circulation of specie the law must be general and not restricted to small sections; by far the greatest part of our trade is at present with the state of New York, Ohio, and the provinces of Canada, and our circulating medium is almost entirely derived from those communities; the principal part of which consists of bank notes of a less denomination than five dollars. We are at present oppressed by a scarcity of money, and if this law is permitted to go into operation it will at once cut off more than two-thirds of our ordinary circulating medium, and it is a fact capable of demonstration, that instead of increasing the circulation of specie, in less than six months it would drain our country of every dollar of specie in circulation. The amount of travelling through our county is very great-strangers come from every part of the United States; and but few of them are acquainted with our municipal regulations, and they come provided with the common currency of our country. We can take nothing from them less than a five dollar note, because the law prohibits our circulating such, and if a traveller's bill at a public house is but fifty cents (as we have no small notes) four dollars and fifty cents must be returned in specie. This is immediately carried out of the county to some other state and is heard of no more; and the same thing may take place more than twenty times every day. It is obvious, therefore, that instead of increasing the circulation of specie, that a short time must necessarily drain us of what little we have. If the We the Grand Jury, forming the grand inquest for the law was general, embracing the states of New York, body of the county of Erie, convened and assembled Ohio, &c. it would force out specie; but the small busi- from different sections of said county consider it a duty ness of our county could have no effect on those banks incumbent on us to inquire into every and all matters The law is therefore calculated to embarrass calculated to injure the interests of its citizens and seand impoverish us without producing any good effect. riously to affect the growing prosperity of this county. It does not benefit the Pennsylvania banks to have the While inquiring of existing evils productive of such law in force here. There is little or none of their paper consequences, our minds are forcibly arrested by the circulating among us, because for the want of a navigable miserable effects which must follow the enforcement of water communication, we do not trade in their direc- a law passed at the last session of the Legislature of this tion; and we have manifestly shown that instead of in- Commonwealth, entitled "An act concerning small notes creasing the circulation of specie it will serve to dimi- for the payment of money," and we think becomes openish it, so that there is no object to be gained by keep-rative, unless previously repealed, on the first day of Jaing the law in force here. We conceive it proper also nuary, 1829. to remark, that the currency of the county is at present and has been for some time healthy and sound, so that there existed no necessity for this law, nor was the law passed with a view to remedy any inconvenience felt by the people of this state by the circulation of small notes, nor do we believe there was any complaint of the kind laid before the Legislature: It was passed solely at the request and for the benefit of our banks, to enable them to compete with the banks of other states. We have no objection to the banks or any other corporations being properly encouraged; but why should they be encouraged by legislative interference, at so great an expense and sacrifice to a respectable portion

of the citizens of the state. And why should the law extend to this county, when the notes of those banks do not circulate, and cannot, here, until the course of our trade is changed. When the reason of the law ceases, the law itself should cease.

Your memorialists would further suggest the propriety of repealing not only the Act of last session concerning small notes, but also the eighth section of the Act of the 22d of March, 1817, prohibiting the banks of this commonwealth from issuing notes of a less denomination than five dollars. The reason for the last mentioned law has long since ceased, and your petitioners believe that the currency has now become healthy, sound and safe, and that the interest both of the banks and the people of Pennsylvania would be promoted by an entire repeal of both laws. Though notes less than $5 have long been in circulation, your petitioners have experienced no inconvenience, but many conveniences therefrom. The facilities afforded by a paper circulating medium of a less denomination than five dollars, for transmitting by mail small sums for paying fees for procuring copies from the land office, and other offices of this commonwealth, as also from the records of the various counties to be given in evidence in our courts of justice, and for many other purposes, must be well known and highly esteemed by every person conversant with business, or interested in the proceedings of courts of record or other legal tribunals. Indeed, in the opinion of your petitioners, the facilities which such a circulating medium affords, of procuring at pleasure from all parts of the United States, papers, pamphlets, &c. scientific, literary or political, by remitting the price of subscription by mail, (which is usually under $5,) thereby affording a ready means of obtaining and disseminating information and intelligence, and enlightening the public mind, more than counterbalances all the evils yet experienced, or as we trust, ever to be experienced from such a circulation. Your petitioners therefore most earnestly solicit from your honourable body a repeal of both these acts, or if this cannot be granted, an immediate repeal of the Act of last session as far as regards the county of Erie. In doing so, we appeal to the great principle of justice, and feel well assured that the appeal will not be in vain, when addressed to the enlightened Legislature of Penn

or states.

sylvania.

State of Pennsylvania,
Erie county, s8.

November Term, 1828.

Oyer and Terminer, Common Pleas, &c.

While the Grand Jurors aforesaid give a most unqualified approbation to some of the provisions of the said act, prohibiting individuals and eorporations, other than banking corporations, from putting small notes into circulation in lieu of specie, they do individually and as a body, look with much concern to the great inconveniences and consequences which must inevitably follow, to the citizens of this county, by a strict observance of the said act, prohibiting the circulation of small bank notes under the denomination of $5. The local situation of this county, almost surrounded by neighbouring states, where no similar laws have been enacted; and between the citizens of which, and of this county, there neces