The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-06-25

"a'e authority, 4 answer. they may also r.
ouse any other power they possess. The
oniy preservation, is the virtue OF our IL.
/ Sislature, and the vigilance of our people,
The next point which remains to be in-
vestiga'ed Is. whether the constitutionality
OF the bill under Consideration, recei ives a.
ny support from its principles having been
sanctioned by any former laws and measures
Of the government.
Mr.. President, I am ready to admit that
where measure obtains, that nfiicts VIZ
| citation on our constitution that is unuuesti-
enable, palpabIe and notorious. however
frequently and however soIemnly this mea-
sure mad been sanctioned. however long it
mad been submitted to and endured, would
NOT De considerations with NE of ana impor-
vance or create one moment of doubt. Err
TOT, however repeated, and subn tilted to
- error still, and every occasion should be
sought to get rid of it; but ON an occasion
10 .ne origin OF which the constitutional
question was doubtful, when men of the pu-
rest integrity and most illumined inteili.
Sence might pause and differ and doubt I
should imagine that such case once acted ON
snosid never again be touched, unless con-
sioerations OF irresistible importance lead to
such measure. and I imagine that every
man OF cahdor and teiiigence who eighs
with due elaboration the s9ues,ion under
consideration, will at least admit If the mca.
- ASs SSt toiuiy CCuSCltutiODal, NJ at
ieast OF that description of character have
last mentioned. In such an instance as
TINS, Will 1t be said that after this measure
mas been sanctioned by Congress on full
oehoeratlon and debate; after the bill esta.
oiishing this bank had received the appro-
baton OF the President who reserved bis
signature to it till the last momen, permit
Tea oy the constitution. and after he had
viewed me Question with all its bearings in
T.,
full consulta lon with his cabinet ministers
ano otners It high intellectual character
ai'er the law thus sanctioned by the iegis-
Iature and the President has been acouies-
Ced IN and pract'sed on for the space of
~ years, when 1t has been considered invi-t
oiaoie' and corroborating laws passed da.
Iing tie administration and legislation of
a'nerent dominant political parties; when
thoSe laws have been sanctioned bv the CO.
Tenn adjudication of all our Judges both Of
me general and state governments; to sup
pose enat all these considerations are to
nave no influence as TO putting to rest a
constitutional question which was doubtful
IN It's origin, is to be sceptical and scrupu.
ious beyond all reasonable bounds. II Con.
eress mad no right to incorporate bank.
was ie not an act of usurpation in the Presi-
oent anu congress to pass laws punishine
INDIVIDUALS for the forgery of its paper,
Nay. more, Mr.. President, when we infiict
oea'h TOT the suppori or institutions. Con- ,
8ress mad no RICH, to create, and for he vi.
oiation OF laws, the constitution prohibits
thas body from enactihg-{and under the
domination ofeach of the political sects in
10 whlch TINS country is divided, agreeable
20 the principles now commended for by gen.
eemsH' such laws have been passed)-are
NOV me executive which sanctions, the con-
eress winch pas ed, and the whole BODY of
our Judiciary both of the general and state
which enforces such unconst;.
tu.iohai measures, aud under ,hei, snrr,n.
'iuous authority infiicts death upon on, ci
hzens, worse than usurpers Are thew nor
mnrderers Yes, Mr.. President. / reite.
rate, are they not murderers And are we
prepared 10 pronounce SO heavy denupci.
au"" Oh our predece ssors, ON ourselves, and
'he o'ner &: eat departments of our govern
ment Are We ready to inorm the
mercan people that this body and al! their
constituted authorities hsve spcrted with
ne lives aud Illegally shed the blood of
cur citizens! My colleague was foreman
u the jury that pronounced sentesce or that
round verdici on the famous or rather in,
famous Logwo God for forgery of the paper
OF the bank OF the u. S. This verdict was
Iohironeo oy the Judge OF the court, and
judgment. INC
Is a measure of such weighty and awful
import SO soemnly and deliberately acted
on and decided, and multifariou other de-
cislons OF the same description, to have no
influence on the decision we are about 80
give respecting the constitu,ionality of es,a
bllshing national bankl II thew are No,
then gentlemen view the subject thrnnpb q
very different medium than that tbro' wb;ch
II is pre- scented to my vision. Then. in INV
Judgment, MIR. President, oar situation IA q.
farming INDEED.
This vibrating CONSTITUTIONAL doctrine to-
Gay one thing, 10 m rrow another, "a the
domination OF one party or the ohtr or the
passions OF the moment shall prevail will
reduce our constitution TO nothing. rrender
1t mere instrument for deprav.d men ;r
such should get into power, 10 accomni;sh
their wicked purposes and TO destroy the
liberties and Cypress the virthous peo,ni. of
TINS country. /, is a wise maxir, ~ or
municipal law that in novelty ,here ie a..
ger, but antiquity of law sanct6es error
ii TINS principle is just, as i; rcspects mn.
nicipai iaw-(aDd Of this, in my iuoymentl
there can be no doubt)--it is ip6n,teIo ~
SO when applied TO funda mental and -
s Hut'onai principles, which, when ),
hxed, on all questions of "A doubtful Ia, see
Shouid never agaiD be agitated Che ;.ae'
ehce winch the decision of the jv d;n o,u-
may nave on settling the con,ttn, ;orIs.ly
OF the law incorporating the bank of 10y
- Is not intended Pr, H.. a - tuC "