Missouri Legislature to Stephen F. Austin, 01-xx-1817

Summary: Documents in Missouri legislative history, 1816-1818: (1) Memorandum by Moses Austin for reorganization of the Bank of St. Louis [December, 1816?]. (2) Notes by Stephen F. Austin for speech against chartering of the Bank of Missouri [January, 1817?]. (3) Bill by Stephen F. Austin for subscription to stock of a territorial bank and for raising funds by a lottery. (4) Protest against action of legislative council in passing the charter of the Bank of Missouri. (5) Bill by Stephen F. Austin to establish a lottery to raise funds for construction of roads [1817-18?]. (6) Bill authorizing acceptance of the notes of the Bank of St. Louis in payment of dues to the territory [1817-18?] (7) Bill to prohibit issuing and circulating of unauthorized bank paper [1817-18?]. (8) Memorial to Congress urging extension of protection to lead, and the appropriation of revenue from lead mines to establishment and maintenance of an academy [1817-18?]. (9) Amendment to Judiciary Bill [December, 1818?]. (10) Petition for creation of Jefferson County [December 8, 1818?]. (11) Stephen F. Austin, opposing alteration in the judiciary system [December, 1818?].

1. Moses Austin on Plan of Reorganization of the Bank of St. Louis.

Memorandum [Evidently for use of Stephen F, Austin.]

[December 1816-January, 1817.]

A Bank should always be Placed on such a footing as to secure to the Public equal advantages and the Charter should give such power to the directors as will inable them to Extend the stock, so as to meet the Public demand and answer Public expectation

the makeing bylaws and establishing a Branch bank aught to be left fully in the Power of the directors

A Territorial bank will be more advantageous then any Other— because the Name of the Territory annexed to the Charter will give Credit, to the Notes and Value to the stock, but it aught to be so guarded as not to give the legislature too great and commanding controle over the bank and at the same time retain such authority as will cause the directors to discount generally for the Country as well as town

The following General rules may be usefull to you

1— the charter should be for as many Years as can be obtained say not less than Twenty

2— the stock should be equal to the commerce of the country to obtain this fact make an estimate of the exports of both this and Illinoies Territory making a proper allowance for fast improvement

3— the shares should be small say 50 Dollars each this gives an Opportunity to many persons to become stock holders that can not If the shares were 100 Dollars and the more stock Holders, the greater number you have to support the Credit of your stock and also the bank paper, for no stock Holder will refuse the Notes of his own Bank

4— All directors should be stock Holder of 10 Shares at least

5— the President should be a stock Holder of at least 1000 Dollars, or, 20 shares

6—- In regulating Votes each share should have a vote up to ten shares, after which the ratio aught to be regulated by the Albany bank or the charter now in force for the St Louis bank.

7— Votes aught to be given by proxy if demanded by a stock Holder when the Directors are chosen.

8— the charter should provide Directors for the first six month, after which they should be chosen by the stock holders each year and to continue in office a Year

9— Six directors aught to constitute a board of Directors, on discount Days, but when by laws are made, the whole board should be called, and all by laws should be concured in by 3/4 of the Directors, and on such occasions a Notice should be given at least 15 Days to all the directors and If after being so Notefied 3 differant times and they do not attend they aught to be discontinued as directors

10— the Legislature aught to have the power of Nameing at least 5 or 4 Directors

11— the board of Directors are commonly 13 in Number less then 5 would not give the Territory an equal ballance of Power

12— The Territory aught to hold as much stock as she can command money to Purchase.

13— On Subscribeing for shares at least one tenth should be paid down for which a scrip should be given to the person that subscribes something in this way

I, A B being appointed to open books and receive subscriptions to shares for the Bank of Missouri do Certify that John Benny is intitled to 10 shares in said Bank on which he has paid into my hands five Dollars on each share agreeably to the law of this Territory, establishing said Bank and which I have entered on the books of subscription for bank shares.

14— Not more than six pr Cent should be allowed to be demanded by the Bank for discounting Notes.

15— the regulations on discount days should be the same in town as Country and a man liveing in the country, should not be obliged to provide an endorser in St Louis.

16— No note should be allowed to be placed in the bank for collection or discount unless the Notes is drawn payable at the bank of Missouri

17— Every man haveing business with the bank shall have at the Banking Boom in Writing his address in his own hand, and at what place he keeps his Counting House, and such persons as reside in the country shall name a place In the Town of St Louis at which a Bank Notice may be left on the falling due of a Note

18— the directors shall have the power of puting the bank into Operation when ever they in their Judgement may think proper or when they may Judge that a sufficient amount of stock is subscribed

19— payments in stock after the first shall not be Demanded until sixty days notice has been given in some Newspaper of this Territory stateing how much on each share is demanded

20— Books for stock shall be opened in every county in the Territory and at such Other places as the directors in there Judgement may direct

21— all sales of Bank stock must be made at Bank and no transfer can or aught to take place at any other place Nor aught any stock to be transfered until the holder has settled his account in Bank,

I also propose the following Scheme of a Lottery in Ten Classes. Te be called the Territorial Lottery from this lottery I propose to raise the funds for the Territory to Purchase Bank stock This Lottery shall consist of 100,000 Dollars each Class to be drawn in Ten Years a Class each year.

Scheme of Lottery

say 10 000 Ticketts at 10 Dollars each is 100 000 Dollars to be distributed in the following prises to say

1 prise of 10 000 Dollars__________is 10 000 2 do 5 000 do ____________ 10 000 9 do 1 000 do ____________ 9 000 20 do 500 do ____________ 10 000 50 do 200 do ____________ 10 000 75 do 100 do ____________ 7 500 100 do 50 do ____________ 5 000 240 do 20 do ____________ 4 800 3370 do 10 do ____________ 33 700 _____ ______ Dolls 100 000 3867 Prises

6133 Blanks something over 1 1/2 blanks to a prize all the prises shall be subject to a discount of 15 pr Cent for the use of the Territory, also it is proposed that the following Prizes shall be paid of in Ticketts of the second 3 4 5 6 7 8 and 9 Classes

Tickets. 1000 Doll 1 of the 1000 Dollar prizes payable in 100 each 2000 4 of " 500 Dollar do do in 50 do 1000 5 of " 200 Dollar do do in 20 do 1000 10 of " 100 Dollar do do in 10 do 500 10 of 50 do______ do in 5 each 400 20 of 20 do do in 2 do 4100 410 of 10 do is 410 ____________ _____________ Tickets 597 10,000 Dollars

you will see by this Scheme that the Territory will have the command of 25 thousand Dollars which if vested in Bank stock will give the Territory a command of 1/4 of the proposed stock of 100 000 Dollars in as much as the 10 Thousand Dollars of the prizes in the first Class and so on to the 10 Class will remain in the hands of the Territory, I propose that the 15 Thousand Dollars which will be produced on the Other clases shall be expended in Opening a Territorial road and in Building bridges as the legislature may Direct all of which to be under Directors appointed by the Legislature themselves—

I also propose that the money vested in Bank stock say 25 000 Dollars shall be untouched for 10 years and the Dividends acruing each year shall be again vested in bank stock Now suppose the bank devides 12 1/2 pr [Cent] pr annam the account with the Territory at the end of Ten years will stand thus.

25 000 bank stock @ 12 1/2 pr Cent is 3125 Dollars Stock in bank 25000 _____ 28125 _____ 28125 28125 stock second year @ 12 1/2 pr cent is 3515.62 1/2 Stock on hand 28125 31640. 62 1/2 ___________________________ Doll 31640. 62 1/2 Stock for 3 Year is 31640. 62 1/2 Bank Interest on stock at 12 1/2 pr Ct 3855. 07 1/2 _____________ Doll 35495. 70 35495. 70 Dollares Stock for 4 year is_______________________ 35495. 70 Bank dividend at 12 1/2 pr Cent___________ 4336. 75 _________ 39832. 45 39832. 45 _______________________ Stock of the 5 year is____________________ 39832. 45 Bank Dividend this year___________________ 4989. 6 _______________________ 44821. 51 44821. 51 Stock for 6 year__________________________ 44821. 51 Bank Dividend_____________________________ 5600. 22 _______________________ 50481. 73 50481. 73 Stock for 7 year__________________________ 50481. 73 Bank Dividend_____________________________ 6300. 24 56781. 97 _______________________ 56781. 97 56781. 97 Bank Stock for 8 Year is__________________ 56781. 97 Bank Dividend_____________________________ 7097. 60 __________ 63879. 57 Bank stock for 9 Year_____________________ 63879. 57 Bank Dividend_____________________________ 7984. 87 1/2 ___________ 71864. 44 1/2 Bank stock for 10 Year____________________ 71864. 44 1/2 Bank dividend_____________________________ 8983 ___________ Dollars 80847. 44 1/2

from this statement It will appear that at the end of the Ten years the Territory will have Eighty thousand Eight Hundred and forty seven Dollars and 44 1/2 Cents in bank Stock out of which 10 thousand Dollares will be then payable to the lottery establishment

I may in this place mention that the old Charter may be amended so as to meet all the Objects contemplated, propose an amendment in the following manner

1 Change the Committe to Directors for six month

2 Give Power to the Directors to establish a Branch Bank at St Genevieve when they think the Interest of the Bank will Justify—

3 Give power to the Directors to put the Bank into Operation when they shall Judge proper

4 make 1/10 on each share payable on subscribeing

5 Make provision for the Interest of the Territory agreeably to the plan proposed both as respects stock and Directors

6 reduce shares to 50 Dollares each the produce to the Territory will be truly grate for after the Ten thousand Dollars payable in Prizes on the last Drawing of the Class lottery, is made the produce of this system will be 70,847 44 1/2 in stock to the Territory and 135 000 Dollars for the use of the Territory in building Bridges and Makeing a Territorial road thus makeing the Produce of this Scheme in Ten years a Public advantage of 205847 44 1/2 and that with out taxing the People a Cent Whether this Project is or is not of consequence to the Territory is to be submited to the legislature. I would also propose that there shall each year be created as much as will Cover the yearly dividends of the Territorial Stock, If No more, unless there should be as much stock to be purchased at par as the Territory may want and If there should Not be, it is a proof that the Bank is doing a good business and can not be damaged by New Stock being created, I have a few remarks more to make respecting the payment of the first instalment on the Bank shares for the Territory, lett the Territorial Revenue be plased in the Bank in payment of the first instalment and lett the bank lend money to the Territory from time to time untill the Drawing of the Lottery, this the bank may do with great Propriety in as much as the full amount of the Bank shares will be paid up by the sale of Ticketts and by money deposited in Bank from time to time also the use of all the money Produced from all the Classes of the lottery for the Ten years in fact It is likely that the sales of ticketts would produce as much money and in time for the Payment of the Territorial Instalment that is if the lottery is put into Operation as soon As the Bank for the lottery Money may be used in payment Untill the Drawing of the lottery In Justification of this Systam you may urge the many Counterfit Bank Notes which no Law can cure in as much as the Banks that put them into circulation are at too great a distance to obtain Proof you may also urge the necessaty of a bank to bring back hard money which will be the consequence of a Territorial Bank, you may urge its utility in general and as Banks in general use in other Countries it becomes more necessary in this Territory, you may produce many Examples to Justify the lottery and the advantages as so great that I think with some exertion you may obtain the establishment of the lottery as part of the banking Systam the money to be expended on the road and on bridges will greatly advance the General Interest and I think Bring in the country members you can mention the dependant State of this Territory not haveing any land to dispose of to fill the Treasury and that we may at least calculate to become a State in a few years and then a Territorial fund will be much wanted to meet many Expences which If drawn immidiately from the People will be grievously felt you may also urge that by lottery the Territorial fund will be drawn from different Parts of the Western Country in short it is commencing a fund on which the Territory may calculate much hereafter I will mention that a law aught to be made to Prohibit Lotteries in the Territory except granted by the legislature, for the lottery there should be not less than 5 Directors and for the Public Road at least as many by examining the old Bank charter you will soon see what amendments it will want to meet the proposed plan and I would also so form the law establishing the lottery as to give power to the lottery Directors to enhance the Scheme to 150 thousand Dollars If the Ticketts are found to sell of this the Directors must be the Judge you may in support of the system point out how farr this Territory is behind any Other part of the U States in usefull Establishments for the want of a monied Institution on liberal principles—

It will be well also to observe that at the present day most if not all the states make all the New Banks pay large sums to the State of [for] Charters and as the Territory do not propose to make the Missouri Bank pay anything the Bank may with great propriety give the Territory time to pay in the amount of the Different instalments on the Bank Shares this aught to be press.d on the minds of the merchants that if the establishment of a Bank is delay.d they may have to pay Smart money hereafter to obtain a Bank Charter, see the Tax, paid by a number of the Banks some pay 100,000 Dollarrs to the State for a Charter and this Territory will do the same shortly

[Endorsed:] Memorandum of Bank business in Mo


Reflections respecting the Bank question 1816-17

I cannot reconcile it [to] my concience that I should have executed the duty which I owe to my constituents to posterity and my country were I to content myself with giveing a Silent negative to this Bill and shall therefore claim the indulgence of this House for a few Moments untill I again attempt to assign the reasons why I thing it aught not to pass but in doing this I most sensibly feel the disadvantages under which I labor, in consequence of my connection with and Interest in the Bank of St Louis as a Stockholder, I am wel aware that however forcibly I may urge any arguments against this Bill and however cogent those arguments may be, were I so fortunate as to advance any such that a counterpoise is already fixed in some of your Minds to weigh them down and distroy their effect, in the Supposition that they flow from Motives of Self interest more than from a conviction that the public good will be promoted by their adoption The conviction I say that I have such an impression to remove before I can hope to have any weight in the discussion of the main question would have discouraged me from again speeking on this subject—did I not feel an internal consciousness—a proud internal conviction that as the Representative of freemen as One of that Body in whose integrity and unbiased judgement the people have reposed the guardianship of their Prosperity of their Happiness and their dearest blessings, I should spurn those traitorous motives and recoil with horror from those incentives of individual Interest which would lead me to adopt a course in the slightest degree incompatible with the interest of my Constituents or inconsistent with the Individual as well as aggregate wellfare of my Country— and I can not but flatter myself that the Members of thise House will do me the justice to believe my solemn asseveration that were I as disconnected with the Bank of St L as I am with that of M that the course I have adopted would have been the same for sir it is a course which my understanding of the Genl Interest of the Community pointed out that understanding may have been an improper an erroneous one, but that the intention the Motives of my opposition to this Bill spring from selfish view, I denounce as a most infamous and malicious implication of my principle as unfounded as uncharitable and base Sir I wish my conduct as a Member of this House at all time to pass in review before the awfull tribunal of the People and shall allways wave those privileges so far [as] they extend to myself which would secure [me] for being questioned, when for my acts and words on this floor I wish those acts to be probed to the quick. I wish the touch stone of Public scrutiny applied to them, and if found erronious and corrupt that they might sink into infamy beneath the weight of public disapprobation, but sir those who impugn my principles maliciously and without just cause are injureing themselves not me for there is an innate impenetrable and impregnible security and Safety in conscious integrity which disdains the dastardly assaults of malice, and causes that ruin to recoil upon the assailant which was intended to overwhelmn the assailed, as to the motives therefore which may be attributed me by those few who viewing my conduct themselves through the medium of Self-interest prejudice and hatred Condem it, I feel perfectly indifferent they excite they ought to excite only one feeling in my Bosom as well as in the Bosum of every member of this House and of every honest honorable and candid Man, which [is] contempt,

I hope therefore that whatever may have been the impression as to the Motives by which I have been actuated that the Members of this House repose sufficient confidence in my integrity to believe the assertion that I am not actuated by motives of self interest alone, and Sir whatever may be the appearance to the Contrary I assert it as a fact that [if] I were governed by these selfish views which have been attributed to ine out of this House I should be in favour of the passage of this Bill, and sir I can prove that I would be so to every man of understanding who knows anything about Banking for Sir suppose that two Banks were established and that both could keep up their credit, which however I contend is impossible, but we will suppose it possible, is it not evident that if I could give the satisfactory security to Both B. that from the two I could draw double the amt. of discounts from them both that I could from one, and that therefore I could have double the amt. of money to speculate on that I would have had if I was confined to one B— Sir were I governd by motives of Self interest alone I would vote for 500 B. for then I could apply for 500 discounts and always have my pockets fil'ed to speculate upon the miseries or misfortunes of my fellow Citizens, were I governed by Motives of Self of interest therefore alone you would see me sir advocateing this B. and advocateing the principle that the Banking system aught to be extended to an unlimited extent, I therefore again reiterate the hope the members of this House will do me the justice to assign my opposition to this Bill to the proper motives, and to give me their unbiased attention while I attempt to give my reasons for voting against this Bill, reasons which as I before said I feel bound by my duty to my constituants to give. I am opposed to the passage of this Bill because I am convinced that the Policy of establishing One Banking Institution on the plan of the State Banks of Ky etc. with such a Capital as will insure credit and respectability abroad and enable the Directors of it to extend its advantages to every part of the Country at home by the establishment of Branches where required is the best one which ever has been adopted and infinately better than the policy pursued by P. and O— of establishing innumerable petty independent institutions—the advantages resulting from a State or Territorial Institution are that in the first place the weight of its Capital must and will if properly managed secure its credit and respectability abroad as well as at home sir as a proof of this look at the Bank of Ky. dureing the late suspension of specie payments look at the State B. of N. C. of T. of Virginia and you find that their paper has never depreciated abroad on the same ratio that the paper of the Independent Banks have and within the State it has never yet in any one instance been below par well sir compare this with the Paper of the Independent B. and what do you discover by the comparison. Sir the paper of the Independent B. was abroad always invariable below any of the State B. and that even in their own State at a distance from the B they would scarcely pay at all and then at a discount of 10 to 14 pr cent, and what is the cause of this disparity in the Credit of the State and independent B. sir what but the weight of capital, what but the respectability of an institution which is known to be fostered protected and watched over by the Legislature of the State by the Guardian of the Peoples rights and prosperity, thus Sir we see the arguments in favour of State Bank over independent ones is that it Unites the Commertial and active capital of the State and there by give more respectability and permanency to the establishment that it insures the Currency of its notes at par throughout its own State and gives a greater and sure credit to them abroad, than the notes of Inde[pendent] Bank can ever have, which are often 10 to 12 pr cent below par even [in] their own State witness Philadelphia where Ph [Pittsburgh] notes are 12 1/2 pr ct below par but if there was one Bank for the whole State with Branches through out it this would not be the case.

I am therefore opposed to the system of Indepent Banks, One Bank is establish in this T let us make that one a Territorial one on the plan of the State B of K( ?) and supp[res]s all others—

2 I am opposed to this B because the Country cannot support 2 B at this time and because there is not specie in it for their establishment

Sir ask any candid inteligent man who is acquainted with the commertial and other exigences of this Country and he will at once say that it can not support 2 B. and sir I lay it down as an established proposition or one which is self evident and acknowledged that the Country at this time can not support 2 B. well sir if 2 are established under those circumstances what is the consequence to the Bank to the individual and aggregate wellfare of the Community sir it is ruin to both, you have been told that no injury will [result] to the community if the B do not do a profitable business or do not even make one cent for the Stockholders but Sir the Gentlemen who have advanced this doctrine have by doing [so] only shewn that as relates to Banking and the opperation of Banking they are totally and profoundly ignorant, for Sir if it is known that a Bank is doing a bad business and if its stock is below par the public suspicion is at once aroused and fixed upon it Something is suspected to be wrong to be as it should not be it is immediately suspected that the funds of the Bank are in disorder and its notes are receivd with caution and reluctance they circulate with difficulty and are crowding into the Bank and finally fall much below par this is the inevitable consequence the notes of the Bank will depreciate or rise in proportion as the Stock of the B is below or above par, this Sir I lay down as another axium another self evident and acknowledged proposition, well Sir and who can say then that no injury can result to the Community if the Bank do no business if their Stock is below par—

Will it be no injury to have our country filled with paper the credit of which is fluctuating and below par, yes Sir it will be an evil and it is so perfectly self evident that it will be an evil that I deem it unnessary to attempt to prove that it is one. Eminence and incalculable evils therefore will result to the Country if these Two Banks if they are both established, do not do such a business as will keep their stock at par and that they cannot do such a business at this time I lay down as a self evident proposition and therefore it is equally self evident the establishment of 2 Bs will be an injury to the Country and literally ruin its commercial advantages for if our paper is below par at home what will it be abroad Sir it will be blank paper—

3 I am opposed to the establishment of another B because it will be rearing up in the heart of our Country two Rival Institutions who wowld view each other as adversaries plac'd in opposition by the Legislature to cut each others throughts as soon as possible

4th the President [precedent] it establishes of extending the B— system to an unlimited extent.

the establishment of another Bank at this time I consider as militateing with the best interest of the Country and tending most inevitably to involve it in evils the effects of which will be felt for years to come. Sir every one knows, who knows anything about the quantity of specie in circulation in this Territory that there is not a sufficiency for the establishment of two Banks and indeed not sufficient for one in consequence of which supposeing we grant this charter and establish another Bank and that the specie is equally divided between the two and the consequence is that both will be compeled to go into opperation with a Paper Capital and neither will have or can have Specie to take up their notes with by authorizing the establishment of another Bank therefore at this time and under these circumstances you are sanctioning an imposition upon the People and fostering and encouraging a system of speculation whose opperations if not seasonably checked will involve the Country in confusion, anarchy, and ruin, the establishment of another Bank Sir will by overstocking the circulation of the Country with paper money be productive of most serious evils for I lay down as an undeniable proposition and one which I think I can demonstrate to the satisfaction of this House that overstocking the circulation of any Country with Paper will have a direct tendency to drive almost every dollar in specie [out] of it we will suppose that it requires 300,000 hundred thousand Dolls to supply the circulation of this Territory and I am extremely doubtfull wheither it will require that much for it is to [be] observed that the quantity of money necessary to supply the circulation of any country and to carry on the operations of trade bear no kind of proportion to the amount of property actually bought and sold in as much as the same money may in the course of one day represent ten times its value in property by passing through different peoples hands—thus for instance ten Dolls may serve me to buy that amount of property and perhaps in five Minutes after it serves another the same purpose and thus in the course of a day represents property to the amt of some 100s or perhaps 1000s of Dolls the circulateing medium therefore necessary for any Country bears no kind of proportion to the amount of commodities vended from the great disproportion therefore which the circulateing Medium necessary for any Country bears to its productions and the quantity of Commodities vended in it I am led to the conclution that 300 000 Dolls would be togeather with forreign notes amply sufficient to supply the circulation of this and the adjoining Territory Suppose these Notes were emitted from the two Banks to the amount of Eight hundred thousand Dollars wiiich is the amt. they are entitled to emit by their charters and there would be an excess in the circulation of 600 000 Dolls. and Sir let me ask you what is to become of it, will you send it abroad to seek a market in the circulation of other States the Credit of these Banks be assured sir will never be such as to insure the circulation of their Notes abroad at par and sir if so as the circulation of every part of the U. S. is already supplied with Bank [paper] and when the National Bank goes into opperation will be overstocked—your notes therefore must flow from the circulation into other channels than foreign speculation and sir where will they flow to where but to the source whence they issued, Sir they will return to the Bank and the specie will be drawn for them and that Specie carrying upon the face of it a quarantee which insures its currency through out the civilized world will be taken from the Country and employed by merchants and Speculators in foreign trade, and thus is the Country dreaned of Specie the Banks are dreaned of Specie and involved in the alternative of importing Specie at an eminence hazard and expence or of stopping payment, an event which like the thunder bolt that rends in fragments whatever it comes in contact with would prostrate the prosperity of the Country to a state of depression whence it would take the labours and exertion of years to redeem it

the establishment of another Bank therefore at this time would most clearly and unquestionably have a tendency to drive almost all the specie out [of] circulation and entail up [on] us the numerous evils resulting therefrom Sir Experience has shewn that the Banking system has been carried to an excess in the United States which endangers their prosperity and there is reason to fear may even shake the foundation of the government itself and aught we not to profit by the examples before us, to view the acts of those States who have multiplied Banks with a scrutinizing eye and to take warning by their Errors—look at the commencement of the Banking system in those States and trace its progress and you find in every instance that Charters were obtained with difficulty at first, but the granting of one was made a president for granting another untill the interest of the Banks predominated over the interest of the Community and then charters were granted indiscriminately—so it will be in this Territory unless a cheerk is put to it at once, the establishment of two Banks at a time when the Territory is hardly able to support one will reiterate in the case of future Legislatures as a most weighty president in favour of granting 50 or an 100 Banks as soon as we have a state and the population increases

We see therefore upon a fair and impartial view of this subject that no evil can possibly result to the community from a Postponement of this bill in as much as the charter Bank now going into operation will be sufficient to supply the present state [of] the country and to drive away foreign Bank notes and that no evil will result to individuals but that on the contrary by adopting the Bill at this time we run the hazard of involving both Banks in ruin. We do an act of injustice to the Bank already chartered by depriveing [it] of those facilities of procureing specie and the advantage which it otherwise would have and in contemplation of which the stock was subscribed, and indeed jeapordise the prosperity and happiness of the whole country—I trust that upon this view of the subject no one can for a Moment hesitate which course to adopt, wheither that one from whence no possible evil can result to any person or that one which places the welfare of our constituents and Country at stake—

Postpone untill the other Banks open and the country more improved and an experiment made of one Bank &c &c—

Another argument in favor of postponement to the time proposed is that before that time the Banks in the United States will all have commenced Specie payments and there will be no difficulty in procuring specie for the establishment of another Bank, and by that time we shall have made an experiment of one Bank and assertained by actual experiance Wheither the opperations of the Banking system are benifitial or injurious to the community and enable the Legislature to shape their course accordingly. I have moved a postponement of this Bill to the time proposed and shall vote for it from a firm conviction that the best interest of the country demands it and will be materially benefited or injured in the discussion of this question which I think rests up [on] this proposition

Wheither there possibly can as much injury result to the community from the postponement of this Bill as there can from its adoption let us first consider what evils can possibly arise from its postponement.

You are told that the country is deluged with the Bank paper of other States, and that we are compeled to have Banks in self defence and Sir have you not a Bank now going [into] opperation under a charter granted by the Legislature of this Territory on principles, which guarantes to the community at large, to the country as to the Towns to the whole Territory as well as to St. Louis an equal participation of those previleges and advantages to be drawn from a Banking institution, and will not the pamper of that Bank drive out the foreign paper with which we are infested as effectually as the paper of two Banks can do. Sir I contend that it will. I contend that the one Bank is Sufficient to stock the circulation of this Territory at this time, and consequently that two will overstock it, One Bank therefore remedies the evil as to forreign paper two creates another evil still greater, you are told that it is necessary to have two Banks in order to form a competition and to be a check upon each other, Sir those who are versed in banking will tell you that nothing is more dangerous than a violent compe[ti]tion between Banks for there is eminent danger that the directors harried on by those warm feeling which are always alive and on the alert in all cases of competition and governed more by the impulse of those feelings than by the true interest of the Bank would hazard its credit and safety by extending its accomodations too far and by attempting to injure and ruin the other—as to a check Sir the Charter of the old Bank prescribes [rules] for its govern which were [made] sufficiently restrictive by the Legislature who granted it, and the intrest of the Bank alone-is a sufficient guarantee against" partiality—for sir if the Directors were so far to disregard those principles of equity which aught to govern every man in all his transactions with his fellow man, they at least would be attentive to their own private interests which would lead them to give general satisfaction to all so far as the friends of the Bank would permit them for if they pursued a different course and instead of giveing that general satisfaction which would arise from impartiality— they were to disgust and enrage their customers by their partiality and injustice, no person would apply to it for discounts—it would do no business and would be an expense instead of a profit to stockholders—Competition therefore is dangerous and there are sufficient checks in the charter and in the individual interest if not in the integrity of the Directors—you are told that the Individuals who have associated themselves togeather will be injured if they do not obtain a Charter Sir I do hope and trust that when individual and local interest comes in contact with the interest of the whole community that this nor no other legislature that ever did or ever will exist can entertain the shadow of a doubt as to the course to be adopted, Sir individual interest has nothing to do with and aught to have no bearing whatever in the decission of this question it is one which involves the interest of the whole community as such must be acted on by this House, but sir even admitting that the House would suffer themselves to be biased in favour of this charter provided any individual injury would result from its rejection or postponement, and I cannot see that any argument can be advanced in favour of it on that ground for sir the individuals composeing this association entered into it volentarily without any prospects or perhaps expectation of getting a charter they were perfectly aware of the ground upon which they stood of the position they had taken if it was a bad one I cannot see that there is any obligation on this Legislature to relieve them at the hazard of the interest of the community I can therefore see no evils at all which can result from a Postponement—let us now consider wheither any can probably result from acting upon it now and passing it or rather the danger of emitting more notes than is sufficient for the circulation of the country in consequence of which they will return to the Bank for specie which will be taken abroad The danger of depreciating the value of the paper

The stockholders consider that the Territory is by a strong implication pledged to support the Bank of St Louis in as much as provision is made in the Charter for Territorial Stock The cause of the opposition to the Country is that by excluding them from the Bank they could speculate on their produce at pleasure etc, now they can get assistance from the Bank untill they have time to dispose of their produce etc. The danger of a Contest between the Banks and should one be ruined it would involve the whole country in ruin

The danger of Multiplying Banks see Ohio and Pennsylvania, and if this Charter is granted it will be held up as a president to future Legislatures to grant other Charters The Bank of St Louis is now going in to opperation and it would be much safer and much more politick(?) to try the experiment with that Bank a new years to see wheither the Country flourishes etc before another is established

The charter has been granted more than two years dureing which time it lay dormant because the Citizens of St Louis were unwilling that the Country should hold the influence in the directory which the Law gave them, they asked you in 1813 for a Charter, you granted it on such principles as you then deemed conducive to the prosperity of the Territory principles which guaranteed to the Country an equal participation in the advantages of the Bank, the Merchants of St Louis by their conduct in permitting that charter to lay dormant for two years have said that unless they can monoplise the Bank to themselves to the total exclution of all others they will deprive the whole Territory of the privileges to be drawn from a Bank &c why should the Legislature yeald to the Caprice of the Mercts. of St. Louis in 1813 The Legislature deemed 150 000 Dolls. a sufficient capital to be vested in Bank Stock—

What has caused a change in two years which renders it necessary not only to double the Capital invested in Bank Stock but to vest that Capital in two seperat companies—the injury which will result from the competition of the two Banks

We see therefore upon a fair and impartial investigation of this subject that no possible evils can in any way result to the community from a postponement of this question in as much as the chartered Bank now going into opperation will be sufficient to supply the present exigences of the Country and will more effectually remidy the evil arising from the circulation of forreign paper than two can that no injury will result to the individuals concerned in as much as they entered into an association which without the prospect of getting a charter was deemed an advantageous one and and by refuseing to grant this charter we do not leave them in a worse situation than they volentarily placed themselves in on the contrary we see that a different course is frought with the most dangerous and serious consequences we see that by adopting this Bill at this time we run the hazard of ruining or materially injureing both Banks by placeing them against each other as adversaries whose exertions would be directed more to the distraction of each other and the consequent advantage of some individuals and ruin of others than to the good of the community we should do an act of injustice to the Bank already chartered by depriveing it of those facilities of procureing specie and that prospect of support which it otherwise would have and in contemplation of which the Stock was subscribed we should be establishing a president in favour of the ruinous extention of the Banking system which it is much to be feard the firmness of future Legislation would not be able to resist-and in fine Sir we should jeapordise the prosperity of the whole community and upon this view of the subject I trust no one can for a Moment hesitate which course to adopt, wheither that from which no possible evil can result to any person or that one which embarks the permanent and dearest interest of our Constituents upon the ocean of uncertainty—


[January, 1817?]

A Bill concerning the finances of this Territory and to create a permanent Bank Fund for Territorial purposes

Sect 1. Be it enacted by the General Assembly of the Territory of Missouri that the auditor of Public accounts is authorised and hereby directed to subscribe a number of shares to the amt of Dollars for and on accou' of the Territory of Missouri in Stock in the Bank of as is provided in the section of the Charter of said Bank And the said Auditor shall at the time of subscribing said shares pledge in the name and on behalf of the Territory so much of the Revenue as will secure the instalments on said shares, and pay the same into Bank as fast as it is collected—

Sect 2 And be it further enacted that it shall be the duty of the Territorial auditor to draw funds from the Bank from time to time as necessity may require to meet the demand against the Territory, untill the Amount of instalments on said Stock shall be paid off and the appropriation of the Revenue for that purpose shall cease, as is provided for in the Section of the charter to said Bank-

Sec 3 And be it further enacted that in order to secure the said Bank fund to the Territory free from debts and incumbrances, a fund may be raised by means of a Territorial Lottery as hereafter directed to pay off the demands which said Bank may have against the Territory for advances made on the Auditors draft aforesaid, and that be and they are hereby appointed Commissioners to estab- lish a Territorial Lottery, for the purposes aforesaid, under such scheme as they or a majority of them may deam most advantageous and profit [able] not inconsistent with the provisions this act

Sec. 4 And be further enacted that the said Lottery shall consist of any number of classes not to exceed Ten one of which shall be drawn annually, untill they are all drawn, and as large an amount of prizes in the first class shall be paid off in Tickets in the Second class as the Commissioners may deem practicable not to injure the scheme, and the same amt. of Prizes in the Second Class shall be paid off in Tickets in the third Class and so on to the last class when all the prizes must be paid off in Cash, The Prizes subject to a deduction of pr centum

Sc 5 And be it further enacted that the sd. Commissioners shall keep a Book in which shall be registered the scheme of each class of the Lottery in detail as it was drawn, and at what prices and by whom the Tickets were sold, also all the expences and all other statements accounts and proceedings relating to or in any way connected with said Lottery which Book may be examined at any time by the Governor and Auditor, and it also shall be their duty to deposit in the said Bank of all the Money accrueing from the Sales of Tickets as fast as they shall receive the same, there to remain untill drawn out by their joint order for the payment of Prizes and, in days after the drawing of a Class is completed they shall give the Governor a Check on the Bank for the Proceeds accrueing to the Territory from said Class and the Governor shall appropriate so much thereof as may be necessary to pay off the debts due by the Territory to the Bank for advances made as aforesaid, and the commissioners shall at the same time furnish the Auditor with a just true and full statement of the scheme and drawing of said Class which shall be laid before the Legislature by said Auditor at the time he makes his annual Report of the fiscal concerns of the Territory.

Sc. 6 And be it further enacted that the proceeds accrueing to the Territory from said Lottery over and above the sums necessary to discharge the demands at Bank as aforesaid shall be appropriated by the Legislature to Public Roads—Bridges or such other usefull purposes as they may deem most advantageous—

Sec 7 And be it further enacted that the said commissioners shall previous to acting under this Law take an oath before any Officer authorized to administer it faithfully and justly to perform all the duties assigned them by this act to the best of their abilities, and also give Bond with security for the sum of Dollars payable to the Governor of this Territory and his successors in Office condi- tioned to discharge the duties of Commissioners of the said Lottery agreeable to this act, and should any of said Commissioners die or refuse to act the Governor shall appoint another in his place


The undersigned members of the Legislative Counsel of the Territory of Missouri being in the Minority on the question to reconsider the vote postponing the Bill to incorporate the Stock holders of the Bank of Missouri to the 1st Monday of Decr 1818 feel it incumbent upon them as a part of that sacred duty they owe as legislators to themselves, to their Constituents and there Country to declare their dissent to and disapprobation of the proceedings of the Majority of the Legislative Councel in reviveing in an unpresidented unparliamentary and illegal manner the said Bill to incorporate the Bank of Missouri, and passing the same into an act after it had been regularly layed over and postponed by a vote of the House to 1st Monday of Decr 1818

The undersigned recognise the principle and indeed they lay it down is an axiom that a departure from the established and long tested rules of parliamentary proceedings opens at once the door for corruption irregularity and inconsistency, totally anihilates the rights of the minority, and puts it in the power of a corrupt and venal majority to tryumph in their venality without check or restraint, and to involve the whole proceedings of the Legislature in confusion, for a departure from parliamentary forms in one instance establishes the presedent that they may be disregarded in all the consequence of which would be a Body organised and governed only in conformity to the whims caprices and designing views of each succeeding Legislature and the Order, System and dignity which should preside in the Legislative Hall would degenerate and sink into the confusion and inconsistancy of a Town meeting or the assemblage of a Mob, where the feeble but perhaps just and reasonable voice of the minority is lost and overwhelmed in the tumultuous violence of the majority— The undersigned can therefore recognise no act of the Legislative Council as legal and obligatory in equity and justice which have originated progressed and passed in violation of any of the Rules of the Legislative Councel or of any of the acknowledged principles of parliamentary proceedings and they are therefore compelled to protest against the said decision of the Legislative Councel on the question to reconsider the vote postponing said Bill incorporating the Bank of Missouri as unparliamentary and illegal and they do hereby enter their solemn protest against said vote of reconsideration as well as against all the subsequent votes on said bill and for the following reasons—It appears by the journals of the Legislative Counsel that said Bill was taken up on day Decb. and on motion to postpone the further consideration of it to the 1st Monday of Decr. 1818 it was decided in affirmative ayes four nays three and the House of Representatives were acquainted therewith afiter which it could not regularly be brought up again unless moved for as prescribed by the rules of the Legislative Counsel which say that (insert the rule about reconsidering) therein recognising the principle that no vote can be reconsidered unless moved for by one of the majority—it is also layed down in Jefferson manuel as a principle that no vote can be reconsidered unless moved for by one of the majority—and that no vote can be reconsidered after the Bill or papers on which such vote was taken had been sent to the other House, and that a question once carried can not be questioned again the same session but must remain as the decission of the House See Jefferson Manl. page 140—the undersigned therefore lay it down as an undeniable proposition that said Bill could not be revived again by a vote of reconsideration unless such vote was moved for by one of the Majority, it however appears by the Journal of the Legislative Counsel that the motion for reconsidering the vote was made on the day of Decr. by a member who was not in the House when the question for the postponement was decided and as he did not vote on that question was not of the majority and therefore could not legally make such a motion— it appears evident to the undersigned that the nature and meaning of a reconsideration implies the fact that something must have been previously done before there could be a reconsideration and consequently that it would be absurd to reconsider on a question which had never been decided—and it appears equally absurd for a member to move for a reconsideration of a question on which he had never decided or acted at ail—it therefore appears evident to the undersigned that the motion to reconsider said vote was out of order and improper being in violation of one of the Rules of the House and in contradiction to the established principles of parliamentary proceedings and therefore that the decision of the majority to revive and take up said Bill again was erronious and unparliamentary and consequently illegal—

The undersigned also protest against said vote of reconsideration and against all the subsequent votes on said Bill on the ground that the member from Howard County without whose vote the question to reconsider would have been lost (there being five ayes and four nays) was not and is not legally entitled to a seat in the Legislative Counsel—the organic Law declares that the members of the Legislative Counsel shall possess two hundred acres of land in his own right and it appears by the acknowledgement of said member from Howard County that he is not possessed of two hundred acres of land and therefore is not legally a member of the Legislative Counsel and consequently all acts votes or decissions of the Councel which were passed and decided by a Majority of one vote wherein said member from Howard voted in the Majority are illegal and null and void they also protest against said vote of reconsideration on the ground that the motion for said reconsideration after having been declared to be out of order by the President was decided to be in order by the House on an appeal by a majority of one vote only the said member from Howard County giving the casting vote who had only taken his seat on the morning of the day on which the vote was decided and was ignorant of the Rules of the Counsel as well as of the principles of Parliamentary proceedings as he afterward acknowledged and was therefore not prepared or quallified to vote on a point of order wherefor the undersigned do hereby enter their solem protest against said vote of reconsideration and against all the subsequent votes on said act to incorporate the Stock holders of the Bank of Missouri and they do protest against the Speaker of the House of Representatives and the President of the Legislative Counsel signing said act and also against the Governor's approving and signing the same and against the legality of said act to incorporate the Stockholders of the Bank of Missouri should it be approved and signed by the Governor.

Acknowledged at the [same] time that they are fully satisfied of the correctness and honesty of the intention and meaning of the majority and regreting that a different will and understanding of the subject on the part of the minority should occasion a difference in opinion.

[Endorsed:] Relative to the Bank question in Mo. 1818



Whereas the opening of Public Roads and Highways are objects of primary importance to this Territory, and there being at present no disposable Revenue to appropriate to those purposes, it is deemed expedient by the General Assembly to raise a fund for those purposes by means of a Territorial Lottery, Therefore—

Sect. 1. Be is enacted by the General Assembly of the Territory of Missouri that be and they are hereby appointed Commissioners to establish a Territorial Lottery under Such Schemes as they, or a majority of them may deem most expedient and proper and not inconsistent with the provisions of this act. The said Lot- tery shall consist of any number of Classes not exceeding Ten one of which shall be drawn Annually (if practicable) at such times and place as the Commissioners may appoint. The Prizes shall be Subject to a deduction of Fifteen pr centum—

Section 2d And be it further enacted that said Commissioners shall keep a Book in which shall be registered the Scheme of each Class of the Lottery as it was drawn, at what prices and by whom the Tickets were sold, also all the Expences and all other Statements, proceedings and accounts in any way connected with said Lottery, which Book may be examined at any time by order of the Governor And it shall also be the duty of said Commissioners within days after the drawing of a Class to deposit in the Territorial Treasury the proceeds of such Class and at the same time furnish the Territorial Auditor with a full statement of the Scheme of such Class which shall be laid before the Legislature by said Auditor at the next succeeding Session after he receives such statement.

Sect 3d And be it further enacted that said Commissioners shall previous to acting under this Law take an oath before any officer authorised to administer it faithfully to discharge the duties assigned them by this act to the best of their abilities, and also give Bond in the Sum of Dollars payable to the Governor of this Territory and his successors in office conditioned to perform the duties of Commissioners of said Lottery agreeable to Law which Bond shall be lodged in the Secretaries Office, and should any of said Commissioners die or refuse to act the Governor for the time being shall appoint others to fill the vacancy—

Sect 8a [4] And be it further enacted that said Commissioners shall be permitted and they are hereby authorised to retain pr centum on the amount of Tickets sold in each Class which shall be a Compensation in full for their services as Commissioners as aforesaid. Provided however that said Commissioners shall be jointly and severally liable and responsible for all losses by selling Tickets on Credit

Sect. 4th [5] This act to be inforced and take effect from and after the passage thereof.



A Bill To provide for the payment of the revenue of the Territory of Missouri.

Sec. 1. Be it enacted by the of the Territory of Missouri, That all duties, imports, taxes, fines and forfeitures due and payable or which may become due and payable to the Territorial and County Treasuries, Shall be paid either in the legal gold and silver coin of the United States or in the notes or bills of the Bank of the said United States or in the notes or bills of the Bank of St. Louis in the Territory aforesaid.

Sec. 2. Be it further enacted, That the collectors of the revenue in the several counties of this Territory shall, for the purposes aforesaid, consider the above described bank paper as a legal tender and equal in value to gold and Silver coin in all payments made in aid of the revenue aforesaid.

Sec. 3. And Be it further enacted, That this act shall commence and be in force from and after the passage thereof and shall continue and be in force as regards the bill or notes of the Banks aforesaid, till the expiration of their respective charters, any thing in the other acts of the of this Territory to the contrary notwithstanding.—



A Bill To prohibit the issuing and circulating of unauthorized bank paper.

Sect. 1. Be it enacted by of the Territory of Missouri, That if any person shall, within this Territory, act as an officer, agent, trustee, clerk or servant to any bank or monied association, coming within the description hereafter given, except a bank encorporated by a law of this Territory, he shall, for every, such offence, forfeit and pay the sum of Two thousand dollars.

Sec. 2. Be it further enacted, That every person, company or association of persons who shall lend money and shall issue by himself or themselves, or by his or their officer or officers, agent or agents or by any other person or persons whomsoever, any bonds, notes or bills payable to bearer or to order, and endorsed in blank, or use other evasions or devices, by which the bonds, notes or bills so given or issued by such person, company or association of persons, or on his or their behalf, pass or cerculate by delivery, shall be taken and deemed a bank within this act.—

Sec. 3. Be it further enacted, That every person who shall act as a president, director, cashier, clerk or Servant or agent to such bank or shall in any way assist in the issuing of such, bonds, notes, or bills, or shall assist in the discounting of paper or lending money for such bank, or in paying out or receiving money for such bank, or in any manner use his agency for the benefit of such bank; and every person whose handwriting shall appear on the bond, bill, note or contract of such bank, whether as the drawer or endorser thereof, or as a witness or payee thereof, shall be deemed and taken as an officer of such bank and shall be liable to all the penalties and forfeitures within the meaning of this act.—

Sec. 4. Be it further enacted, That if any person or persons shall receive and offer in payment, the bond, bill, note, or contract of any such bank, knowing the same to be unincorporated, payable to bearer or to order and endorsed in blank, he she or they shall for each and every such offence, forfeit and pay four times the amount of such, bond, bill, note or contract: and if any persons or persons shall receive and pass or circulate or in any way give currency to the bond, bill, note or contract, of any such bank, by delivery without first endorsing the same, knowing such bank to be unincorporated, he, she or they, so offending, shall forfeit and pay six times the amount of such bond, bill, note or contract, together with the costs of suit where an action is brought for the recovery of such forfeitures.

Sec. 5. Be it further enacted, That all fines and forfeitures imposed by this act, may be recovered by action of debt or by indictment, or presentment of the grand jury, and shall go one half thereof to the informer, where the action is brought, and the other half in aid of the public revenue of this Territory; but where the same is recovered by indictment or presentment, the whole shall be to the use of the Territory.—

Sec. 6. Be it further enacted, That in every such indictment or presentment it shall be sufficient to state in substance that the defendant on the day of at acted as an officer of a bank not incorporated by law; or that the defendant on the day of at paid (or offered in payment, as the case may be) the bond, bill, note or contract of a bank not incorporated by law, for the sum of dollars, without being required to set forth the special matter; and in every suit brought under this act, it shall be sufficient to set forth in substance the matter aforesaid, without setting forth the special matter.—

Sec. 7. Be it further enacted, That it shall be the duty of the presiding judge of any court or courts holclen in any of the counties of this Territory, to give this act in charge to the grand jury, at every session, so long as the said act shall be and remain in force.

Sec. 8. Be it further enacted, That all bonds, bills, notes or contracts, hereafter executed, which shall be made negociable or payable at such bank, shall be and the same are hereby declared null and void; and all bonds, bills, notes or contracts given to such bank or discounted by such bank, or given to any other person or persons, for the use or benefit of such bank, either expressed or understood or for the purposes of being discounted at such bank or of obtaining money on the bonds, notes or bills of such bank, either directly or indirectly from such bank shall be and are hereby declared null and void.

Sec. 9. Be it further enacted, That every such bank and every trustee or person or persons on behalf or for the benefit of such bank is and are hereby declared incapable of maintaining any suit in any court of this Territory for any matter whatever, appertaining to such bank or for its use, except it be a suit for the paymts of a bond, note or contract given to such bank and actually discounted thereby prior to the passage of this act; and every suit in which it shall at any stage thereof be made appear that such suit is in whole or in part, for the benefit of such bank, provided the original cause of said suit shall have been of a date posterior to the passage of this act, such suit shall be dismissed with costs.

Sec. 10. Be it further enacted, That every officer, stockholder, shareholder or partner hereafter interested in any such bank, shall be jointly and severally answeable in his and their individual capacity for the whole amounl of the bonds, notes, bills or contracts of such bank, hereafter executed, any agreement, shift, evasion or devise in such bond, note, bill or contract or otherwise to the contrary notwithstanding.

Sec. 11. Be it further enacted, That the holder or holders of any bond, note, bill or contract of such bank may institute suit and recover judgment thereon against any part or the whole of the persons who were interested in such bank, at the date of such bond, note, bill or contract, or who became interested in such bank at any time between that and the commencement of such suit.

Sec. 12. Be it further enacted, That in such suit it shall be sufficient for the plaintiff to set forth in substance that he is the holder of such bond, note, bill or contract; that the defendant or defendants was or were interested in said bank at the date of such bond, note, bill, or contract or subsequently thereto and that it remains unpaid; neither shall the plaintiff be required to shew in his declarations nor in his pleadings, nor to prove on the trial that a demand was made of the contents of such bond, note, bill or contract at the time and place when and where it purports to be payable, for the persons interested as aforesaid shall be liable without such demand.

Sec. 13. Be it further enacted, That if during the progress or on the trial of such suit, it shall appear that any one or more of the defendants are not liable to such action, under this act, it shall not be subject for abatement nor non-suit neither shall it prevent the suit from proceeding as to any other defendant or defendants, but judgment shall be given for the full amount of such bond, bill, note or contract against any one or more of the defendants, who may appear to be liable.

Sec. 14, Be it further enacted, That nothing in this act contained shall extend to any company incorporated by a law of this Territory, who may be authorized by their charter to loan money or otherwise to act as a bank, so long as the charter of such company shall be and remain in full force—

Sec. 15. And be it further enacted, That this act shall commence and be in force from and after the close of the present session of this legislature: Provided however, that time shall be allowed to all such private companies and associations now existing, till the first day of July in the year of our Lord one thousand eight hundred and seventeen for the sole and only purpose of selling and closing their business and accounts: and provided also, That the penalties and forfeitures herein enacted in the fourth and ninth sections of this act against persons offering in payment the bond, note, bill or contract of such bank, company or association, or bringing suit upon such bond, note, bill or contract, shall be suspended until the said first day of July one thousand eight hundred and seventeen.



To the honorable The Senate and House of Representatives of the United States of America in Congress Assembled the memorial of the Legislature of the Territory of Missouri respectfully sheweth that having seen with much satisfaction the disposition manifested by Congress to foster and promote domestic manufactures by extending to them that liberal encouragement which arises from the protecting duties imposed in their favor on foreign importations, and hoping that the Same policy which induced the adoption of that System will opperate to extend its advantages to many usefull branches of Manufactures not at present embraced by it, they beg leave to call the attention of Congress to the propriety and utility of promoting the manufacture of crude Lead at the several Lead Mines in the United States, by laying an additional duty on the importation of that article—

perhaps no Country in the world abounds with more numerous and productive Lead Mines than the United States, which if properly wrought it is believed would yeald a Sufficient Supply for home consumption, and afford a considerable Surplus for exportation thereby retaining in the Country the Capital which is at present sent abroad for that article and indeed have a tendency to convert the immence balance which is now against the United States and in favour of those Countries whence their supplies of Lead are drawn into a rapid accumulation of the internal wealth of the Country.

The Lead Mines of this and the adjoining Territory are of incal culable extent and it is believed are equal in richness to any in the world, and being principally the property of the United States, would if properly wrought produce a very handsome revenue to the Government and add another most important item to the prosperity and Independence of the Nation by promoting the development of its internal resources and affording an abundant supply of one of the most usefull and necessary articles of National defence, as well as individual consumption, Impressed therefore with the conviction that most important consequences will result to the Nation at large as well as to those States and Territories individually where Lead Mines are found from an increase of the duty upon the importation of crude Lead, and deeming that a branch of Manufacture so important in a national point of view aught to receive the same encouragement which has been so liberally bestowed upon others, Your Memorialists respectfully solicit Congress to lay an addition [al] duty upon the importation of Crude Lead into the United States

And your Memorialists further represent that in consequence of there haveing been as yet no appropriations of Public Lands in this Territory for the use of Schools there are no Academical Institutions in the Country whence evils are dayly resulting which are in the highest degree pernicious and indeed ruinous to the harmony and morals of society, and obnoxious to the vital principles of Republicanism which eminating from enlightened Reason have every thing to dread from the ignorance of the people. Congress are therefore most respectfully and earnestly solicited to devote an early attention to such measures as will tend to promote the difusión of usefull knowledge in this Territory and for that purpose to appropriate at this time and untill further provisions are made, So much of the Revenue arising from the Public Lead Mines as may be deemed sufficient for the establishment and support of an Academy at the Town of in the County of in this Territory which is recommended as a situation combineing all the advantages of locality Healthiness and Economy so essential for such an establishment—

A Memorial to Congress praying for an increase of the duty on the importation of crude Lead into the United States and also that appropriations may be made from the revenue arising from the public Lead Mines for the establishment and support of a Literary Institution in this Territory.


[December, 1818?]

Amendment to the judiciary Bill

Strike out the whole of the section and insert in lieu thereof the following

Sect. And be it further enacted that the County Court as established by an Act entitled "An act establishing Circuit and County Courts and for other purposes" approved the 4th of January 1815 be and the same are hereby abolished and in lieu thereof, there is hereby established a County Court in each County which shall be composed of three justices of the peace, any two of whom shall constitute a Court, who shall be designated and appointed for that purpose in each County by the Governor—and the said County Court thus Established, shall have the same powers and possess the same Jurisdiction which the County Courts hereby abolished exercised and possessed and hold their sessions at the same times and places. And should any Justice of the peace so designated and appointed for the purpose aforesaid and after having received notification of the same, refuse to accept of said appointment he shall for such default, forfeit and lose his office of Justice of the peace and be incapable of holding any office of profit in the Territory for five years, unless he can assign to the Governor a reasonable and satisfactory excuse for said non acceptance—

And should any member of said Court absent himself from its sessions he shall be noted by the Clerk as a delinquent and as such returned to the next Grand jury for the circuit Court of the County and unless he can either by himself or agent or attorney make a reasonable and satisfactory excuse to the Grand jury for such delinquency— they shall fine him therefor in a sum not exceeding dollars which fine and the proceedings thereon shall be certified by the foreman of the Grand jury and lodged with the Clerk of the Court then sitting who thereupon shall issue execution for said fine and costs, which when collected shall be paid into the County Treasury

And should the said justices be guilty of any malfeisance or non feisance in office while sitting as a county Court whereby the interest of the County might be impaired or the rights of individuals infringed—they shall be liable to a prosecution therefor in the Circuit Court either at the suit of the party injured or by indictment and shall upon conviction pay double damages and forfeit and lose their office of Justice of the peace—And the members of said Court shall have and receive a compensation of dollars per day every day they shall be in session provided however that they dispatch the business before them without delay and at no term sit more than Two days

It shall be the duty of the Clerks to notify the Governor of any Vacancy in said Court either by death or removal from the County


[December 8 1818?]

To the Honble the General assembly of the Territory of Missouri, the petition of the undersign'd respectfully sheweth

That of the various blessings secur'd by a free Government, the importance of none is more deeply impress'd upon the minds of your petitioners than a convenient, certain and cheap administration of Justice; that your petitioners reside in the Townships of Joachim and Plattin, the exterior settlements in the extensive counties of St. Louis and St. Geneveive, that therefor from the remoteness of their residence from their respective Courthouses, from the frequent obstructions arising from deep and rapid rivers, and from the great expense of milage, Justice cannot be extended to them either conveniently certainly or cheaply—In addition to those considerations, your petitioners respectfully represent that the expense and inconveniencies incident on the necessary attendance on Militia Regimental Musters, and Courts Martial, in the present state of the Counties must be oppressive as to expense, and self evident as to inconveniencys subjected then to those inconveniencys and privations, your Petitioners pray for the erection of a new County bounded by limits herein after mentioned The Northern boundary line to commence at a point upon the Mississippi river opposite the mouth of the Merrimack, from thence runing up the Merrimack river [to the mouth of Indian Creek.2] The South line to commence at a point on the Mississippi river opposite to the mouth of the river Isle a Bois. thence five miles up the Isle Bois, thence due west to Big river, thence down that river to the mouth of the mineral fork, thence ten or twelve miles westwardly upon the line dividing the Counties of Washington and St. Louis, the West line to commence at the point of Termination of the South line, thence a direct cource to the point of termination of the north line upon the river Merrimack, the East line to commence at the beginning point of the north line running down the Mississippi river to the beginning point of the South line. Those limits it is found will include a population sufficiently large at the present time to Justify this appeal for a division and will be found sufficiently large for a convenient County, not intended for future division, Your petitioners have heretofore felt solicitude for the removal of the inconveniences and privations which they have presented for consideration, but forbore to press them while their Country was involv'd in war and while more important matters (less local) seem'd to require legislative deliberation. Those claims upon the forbearance of your petitioners are happily remov'd, and they appeal with respectful confidence to their Representatives for redress.

S. Hammond Thomas Evans

Benjm Carter Richard Mattingly

William Brown John C. Benedict

Matthew McPake (?) J. Fendley

Adam Brown E. Ellis

Wm F. Roberts John Hapburn

John Lamb Elijah L. Ray


Aaron Guernsey by his order Wm Stewart

[A second copy of the petition bears the additional signatures:]

James Dowlin Alexr Starbuck

Robert Stewart Expedient Bouis

Cyrus Curtis Richard Lembesson

J. Findley W. Brown

Elias Bates

James Davis

Joab Strickland

J. Kendal

Joseph Andrews


[December, 1818?]

It is with the greatest diffidence I attempt to address the C. [Council?] on this subject it is [a] subject with [which] on a/c of its magnitude, of the numerous and important Interests and consequences which are imbraced by it involving in them the closest Interests and most esteemd and import [ant] previleges of every member of the Community Individually as wey as the aggregate welfare of the whole The Bill now under consideration contemplates a total and radical change in the Judiciary system of this Territory. Sir with what reverance, with what deliberation and with what caution should we approach the important subject? We are about to lay our hands on the most conspicuous and necessary part of that magnificent superstructure which is reared upon the constitution and should it be opperated upon and changed unskillfully and injudiciously the beauty and Harmony of the whole fabric will be defaced and disorganized, its intention and usefullness will be defeated and destroyed, for Sir a well regulated and lest [least] exceptionable judiciary system is unquestionably the main pillar and department of that structure of jurisprudence and Government which is reared upon the constitution and consequently should that material part be defective the beauty the usefullness and indeed the permanency of the whole will be disfigured defeated and endangered let us therefore Sir approach this subject with reverence and give the most mature and attentive investigation before we decide

The Bill now under consideration abolishes the present system of circuit Courts and imposes the whole judicial proceedings of the Territory upon the judges of the Superior Courts. The Circuit Courts have been established for about Three years sufficient time has been given to test their utility and to manifest their evils or objectionable traits and the first question therefore to investigate is whether experiance has proved that the present system is a good or a bad one and whether any change is necessary or not— What Sir are the objections to the present system I had presumed Sir that the advocates of this Bill were convinced that material defects existed in the present system, that material alterations were necessary, and Sir I have listened with the utmost care and attention to hear those defects pointed out and listened I am compelled to say in vain, that the Circuit system is a good one the very advocates and fathers of this Bill have admitted by continueing that system in the one they have offered. The objection therefore is not against the Circuit system and a single judge for in this Bill it is provided that a single Judge shall hold Circuit Courts—what then are the arguments in favour of this Bill—they are that the Sum of two thousand Dollars will be saved to the Territory and all the objects and advantages of the present circuit system can be accomplished by the one now proposed—let us consider these arguments and first let us test the correctness of the proposition that all the advantages which flow from the present system will equally flow from the one now offerd—

You are told that the Judge of the Superior Court can hold Circuit Courts as well as the present circuit court Judges—can administer Justice as well and can in fine bear upon their single shoulders the immense weight in the whole judicial and county Court proceedings of this Territory—Sir had I the strength I could as well shoulder this House and remove it as to do it by the agency of 500 Horses or yokes of oxen— I contend Sir that the burden would be too great for the superior Judges to bear. They could not devote that time care and attention to the duties of their office which would be required and also devote that time to study and the investigation of legal subjects which they ought to do and which they are in duty bound to do. We can not therefore expect that Judgements will be given with that uniform legal correctness that they ought to be and which we have a right to expect under the present system from the time which is allowed the Judges to investigate subjects under the present system we have the advantage of Court of Errors and appeals wholly and entirely distinct from the Circuit Courts and appeals are adjudicated by a Set of Judges who having never before judged the subject or compromited themselves by a decission in the Court below take up the appeals which are sent up there perfectly unbiassed and free from that influence which a prior decission must unavoidably leave upon their minds—This would not be the case under the system proposed by this Bill One of the Judges must always have prejudge [d] every subject which comes before them and would as is provided by this bill be incompetent to set on the tryal of any cause sent up from his Circuit. There would then be but two Judges on the Bench on every tryal and should those Judges disagree no decision could be had the cause would be continued from Court to Court untill one or both of [them] were removed from office and superceeded by others who would take a different view of the subject and agree in their judgement. And thus Sir numerous instances may occur where no decission can be had at all for years and suits on the decision of which perhaps the whole fortune and happiness of unfortunate litigants might depend would hang indefinitely suspended between the Court by the obstinacy of the Judges or their various conseptions of the subject, and decisions would be thus delayed and procrastinated untill ruin and dispair may have overwhelmed and prostrated the miserable litigants whose subsistance and truest hopes depended on the issue of the suit, and the decision when it finalty was obtained would be rather an agrivation than antidote to their sufferings as it could not perhaps relieve them but only serve to give them a slight taste of those comforts which the procrastination of the cause had incapacitated them to enjoy

This system therefore Sir I contend will not insure to the citizens of this Territory the same uniform and legally correct decisions in the Circuit Courts, it [will] not insure the same impartiality unbiased uninfluenced speedy and correct decisions in the Superior Court of appeals and therefore I contend is not as good a system as the present one and will not as fully answer the objects of adjudication as the present system does and therefore is not in any manner equal to it in point of expediency and utility, but Sir the main argument in support of this new system is that it will save the enormous sum of 2400 Dollars to the Territory, this Sir is the Colosial argument which is to look down all opposition to this Bill to prostrate the arguments which may b$ martialed against it and dispute and crush them beneath its weight and rear up the Bill tryumphant amid the ruins—Sir when this Territory shall have become so impoverished that it can not afford to defray the necessary expences of its Government, or the People shall have [become] so penurious so debased so lost to virtue as to slumber in the icy arms of Averice regardless of their political rights—regardless of those previleges and blessings which are guaranteed to them by the constitution, of that invaluable that heavenly patrimony which was earned by their fathers on the bloody fields of Saratoga and Yorktown, when I say the people shall have arrived at this stage of depression of degradation then Sir and not till then [will] such arguments have any weight when counterpoised by the best Interests of the people, for the paltry sum of two Thousand 400 Dolls, we are called upon to distroy a system to which the touch-stone of experience and of experiment has been successfully and satisfactor[il]y applied and to substitute in its place one which the plainest deductions of reason and of common sense must decided is not equal to it. One which will not insure those advantages which experience has proved are to be derived from the present one, I am Sir as great an advocate of Economy as any man and conceive it to be one of the first duties of Legislators to have the strictest eye to economy in administration of the Government, true and genuine economy Sir is one of the cardinal virtues in domestic as well [as] public life, but Sir there is species of miserly economy a hideous monster it may be justly termed which too often creeps into the cabinets of Republican Rulers and penetrates into the Hall of Legislators and infusing its subtle and deceptive poison into their Hearts through the medium of ambition and a thirst for popularity or bewildering their faculties and missleading their understanding [by] the plausibilty and pleasing sophistry of its theories involves them in error and confusion, blasts every measure in its bud which originates in liberal policy, and cloging and embarrassing the opperation of Government extends its baneful effects to every part of the system to the great inquiry and eminent danger of the whole—it is a species of Economy Sir which would force the occomplishment of great objects with little and inadequate means the sure consequence of which almost invariably is a total failure of success and a loss and waste of the means employed It is a Species of Economy Sir which would with hold from an object or system the necessary means of support and yet expect from it everything that the most ample means would enable it to accomplish—this Sir is the species of Economy which I dread and which I hope will never [enter] into the Bosoms of the rulers or Legislators of this Territory—let us consider Sir whether this 2400 Doll, [has] been or is likely to be a grevious burden upon the people—what Sir is the present State of the Treasury agreeably to the Auditors report, it is in funds Sir to pay off all the demands against it The Taxes therefore which are already imposed are sufficient to defray all the expences of government and those Taxes are not burdensome. I have never heard them eomplain'd of by the people as being at all burdensome they submitt to pay them freely and willingly—

I therefore do not conceive that the benefits which will result to the people by having their Taxes lessend will in any the smallest degree compensate them for the evils they must submit to by the change in the judiciary contemplated by this Bill among the evils and disadvantages which result from this change will be increasing the Jurisdiction of magistrates to one hundred dolls. Sir the Jurisdiction of magistrates is already too high in this Territory they have a Jurisdiction which is inexpedient and in my opinion unconstitutional for Sir the constitution guarantees the right of tryall by Jury in civil cases for all sums over 20 Dolls. And yet by this Bill you declare a Single magistrate a competent trybunal to give Judgement for 100 Dolls.

This Bill Sir imposes the whole duty of the Judicial and County Court business upon the Judges who are appointed by the United States to preside over the Judicial proceedings of this Territory There appointment as Superior Judges it may be contended contemplated that they should adjudicate upon judicial proceedings alone, well Sir if this construction is placed upon the Law under which they are appointed that part of this Bill which imposes upon them the County Court duties will not [be] obligatory and they will not act under it at all for Sir no one will pretend I presume that laying out roads levying Taxes taking care of the poor and other County Court business is strictly Judicial proceedings—Suppose then that the judges should declare that this Legislature had no right to impose the County Court duties upon them and refuse to act as a Couuty Court. Why Sir the County business would remain untouched for two years or the Governor would have to call a special meeting of the Legislature to create a new County Court—I have another objection to this Bill which to me appears insurmountable it has already been decided by the vote on the amendment which I offerd this day establishing County Courts, that this House would not agree to establish County Courts distinct from the circuit courts— All appeals therefore from Magistrates as well as all the county business must go to the circuit Court—but Sir this Circuit Court is held by one of the Superior Court judges and the organic law says that the Superior Court shall have original and appelate Jurisdiction in all cases over 100 Dolls, now Sir let me ask you where is the authority for those Judges to try an appeal on 20 Dolls, or any sum under 100 Doll, where is the Law Sir giving them jurisdiction in all sumb over 20 Dolls, the advocates of this Bill perhaps have discovered Law on this point which has escaped my knowledge and I hope they will point it out for I am under the impression that this Legislature have not the right to say that the Superior Judges shall have Jurisdiction under 200 Dolls, and therefore that the act if it passd giveing them that Jurusdiction would not be constitutional

Another objection to the Bill Sir is changeing the system so often the people scarcely become acquainted with a system of Judicial proceedings before it is changed and new modified etc if we changed it now it cannot remain permanent long for in a few years we may calculate to go into a State Govet. when everything will be new modified etc etc—