Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1811-07-01
CONGRESS.
United States Bank.
(coNTrNuED.)

(CoNTINUED.)
The next point which remains to be inves-
ugated IS, whether the constitutionality OF the
OIL under consideration receives any support
from its principles having been sanctioned
by any former laws and measures OF the go
: vernment.
: Mr.. President, am ready to admit that
where measure obtains, that infcts vio-
iatlcn on our constitution that is unquestion-
able, Palpable and notorious, however fire.
quentiy and however soemnly this measure
had been sanctioned, however long it had
been submitted to and endured, would not be
considerations with me OF any Importance or
create one moment of doubt. Error, howe
Yer repeated, and submitted to, is error still,
and every occasion should be sought to get
fld OF 1t; but on an occasion in the origin of
which the constitutional question was doubt
fui, when men OF the purest integrity and
most iilumined intelligence might pause and
differ and doubt l should imagine that such
case once acted On should never again be
touched, unless considerations of irresistible
Importance lead to such a measure, and /
imagine that every man of candor and intel
hgence who weighs with due deliberation the
question under consideration, will at least
admit, II the measure is not certainly con-
stitutional, it is at least of that description of
character have last mentioned. In such an
instance as this, will it be said that after this
measure has been sanctioned by Congress on
full deliberation and debate after the bill es-
tablshing this bank had received the appro-
baton OF the President who reserved his sig
nature to it till the last moment permitted by
the constitution, and after he had viewed the
question with all its bearings in every atti-
tude it could be presented, after full consul
Wit cal ,at or,1 cfl,
of high intellectual character; after the law
thus sanctioned by the legislature and the
President has been acquiesced III and practis-
ed on for the space of 90 years, when it has
been considered inviolable, and corroboratng
laws passed during the administration and
legislation of different dominant political par
ties; when those laws have been sanctioned
by the solemn adjudication of ali our Judges
both of the general and state governments !;
to suppose that all these considerations are to
have no influence as to putting to rest con-
stitutional question which was doubtful in its
origin, is to be sceptcal and scrupulous be-
yond all reasonable bounds. If Congress had
no right to incorporate a bank, was it not an
act of usurpation in the President and Con-
gress to pass laws Furnishing individuals for
the forgery Of its paperl Nay, more, Mr..
President, when we inflict death for the sup
port of institutions Congress had not right to
create, and for the violation of laws the con-
stitution prohibits that body from enactng-
(and under the denomination of each of the
political sects into which this country is divi-
ded, agreeable TO the principles now contend
ed for by gentlemen, such laws have been
passed. not the Executive which sane
tions, the Congress which passed, and the
whole body of our judiciary both of the gene
raj and state governments which enfOrces
such unconstitutional measures, and under
their surreptitous authority inflicts death up
on our citizens, worse than usurpersI Are
they not murderers? Yes, Mr.. President, ]
reiterate, are they not murderersl And are
We prepared TO pronounce 50 heavy dcnun-
citation on our predecessors, on ourselves, and
the other great departments of our govern
rneDt4 Are we ready to inform the Amcri-
can people that this body and all their cOnsti-
tuted authorities have sported with the lives
and illegally shed the blood Of our citizens /!
My colleague was foreman Of the Try that
pronounced sentence or that found a verdict
on the famous or rather infamous Logwood
for forgery of the paper Of the bank Of the
United States. This verdict was confirmed
ny the judge Of tho court, and the criminal
punished agreeably to the judgment. Is a
measure Of such weighty and awful import,
so soiemnly and deliberately acted on and de-
NtuCtls ana ulNtllldItOllS DlileT oCCllOUS OF the
same description, to have no influence on the
decision we are about to gSve respecting the
constitutionaity Of establishing a national
bankI II they are not, tlien gentlemen view
the subject through very different medium
thar that through which it is presented TO
my vision Then, in my Judgment, MIR. Pre-
sident, cur situation is alarming indeed.
This vibrating constitutional doctrine, to
dayo thing, tomorrow another, as the do
mination CT one party or the other or the
passions Of thc moment shall prevail, Wi re-
duce orr Constitution to nothing, or render it
mere instrument for depraved men, If sucn
J should get into power, to accomplish their
wicked purposes and to destroy The liberties
and cypress the virtuous people CT this coun-
try. IL is a wise maxim + cur municipal
law that in novelty there Is danger, but an
tiquity Of law sanctiies error. IL this brinci-
lie is just, rs L respects municipal Law