The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-06-04
Gongres9.
IN SENaTE.
IN SENATE.
BANK OF THE UNITED STATES.
(Mr. GHes's Sneech continued.

Su"eht OF the oOilgation OF the contra CT
more formidable than either of the prece
o'ng 1t appears 20 me to be an argamen,
againt fact know it is SO, az it res.
poets myself / have been present when
most ot these acquiescing laws have been
passed, and have no recel'ecti n Of ha
wing been influenced in the votes gave in
their favor by vieN Of the sacred obiiga
! tons due 20 ceIirracts 5 nor do Ireconcct to
have heard this consideration urged by any
gentleman al the time of passing these Sc
vera! laws. In TACT. az the time of passing
the law for furnishing couuterfeiting the
bills of the BANK NJ the u s. ates. lIeco,
!ect no other consideration oue at ng on me
than the information, that cert;tin uuprin
cipied individuals were counte fei ing ills
In gen raj circulation. to he eat iniur,
OF ihe honest part Of the community I
thought such Conduct ought to be suppress
ed, and therefore voted for furnishing all
who should be engaged in it, without much
attention to the constitutional que stion res
pecting the bank law. cannot, witt on,
some violation tony feelings agree to have
anv OF my public Eonduct propped up by an
aztec thought NOT by any other cbns dera-'
ton than those which operated at the time.
These remarks, however, will certainly
not apply tn those gentlemen who voted un
der the suggested in pressrns The gene
raj principle operating with me, was This
that all laws passed by Congress mus, be
considered as constitutional until they ar,.
repealed Their unconstitutionalityi is good
reason, and the best re ason for their repeal ::
bnt so long as they remain in he statute
book nnrepealed, thsy must be considered
constitutional, and in my judgment no tribu
nal on earth can question their validity
nor can admit. that Trey are subiec, to
th @ oil -,
airy. ] am, therefore, disposed to adm, the
acquiescence in the bank law, and 10. give
the gentlemen in favor of renewal, ali the
advantage of the preceden,s quoted by them
Tor that object considered under all the
circumstances OF the case: and to what do
they amount! Will they 90 so far as 20
preclude the present Congress frcm exer-
cising its sound discretion upon the consti
tutional question, when brought direcry to
It's consideration? And when at the lime of
the several preceden's quoted, it was oniy
collaterally or inc'dentall, considered. #
considered at all Certainly not-snd ii in
exercising 'he right lot reviewing the cen
s'itution, the present Congress should b.,
convinced thai trner Congress had ex-
ceeded It's limits is it not bound wv every
conscientious considerable 70 correct the
errcr ond hr'ng he laws wi hin it whole
some provislocs' I, appear 10 me net on
ly to be .hs right 6u the md spenSable tr-
~ OF Cong ess 20 do so
viii nov proceed to animadvert upon
some mp rant Observati n made bv -.
gentlemen up n le right 81 Ike Il eislat
OF Tue respective states to ms ruct the Sc
nators of the t. Safes
Acting, rs | nCw am. Mr.. Pres. den nm
der fhe inf ence Of distractions frt.u the
Leg'ste are Of the STATE have the honor
To represe t J teei myselFim r ous.y cal
tee upon 70 tice 50 sc observati MS. i:icn
iel 'roT ne n n. gentleman ir IN Georgia
lNr. "a" 'ord and the hon. gentleman
trfm FeauSy.cauia CIR LIB, in relation
to thai subject
- The h n gentleman from Georgia fMr
I J ieelIn8'y con plains oftthe tendency of
instruct rs ,rom III, great states ~ mia
SIS The proc edings If his government. b,
giving an undue nias 20 the delberati,n
and restrain ing che free exercise OF opinion
in his honorable body, &c &c WithouJ
particularly adYcr ing 70 The empha is lad
ny ths honor c'e gen'l m ian upon The term
great states. L agree III general with the
gentleman IN n sopinions in ha, respect
bntr SIT, IN the p esent Case it may be OBJ
served mat the question # instructions to
Senators, vas first moved il MARYLAND
Now, sir, Maryland, although great in viz
tues and resources is not so preafin point
of population and extent of territory. as 70
nave 90, aiped the denomination of a great
5 aie' he proposition. then, however was
i0ecten by one vote. A similar moficn
am III rmed. is now depending before the
Legislature of New-Jersey. New-Jersev
"ke 'yIand, although great in viz ue and
resources, is not so great In point of popu
iA,ipn ana extent OF territory as TO have OBJ
famed the denomination of a "great sta q /"
Indeed. sir. the right to instruct Senators
mas not been exclusively acted upon by the
great states, generally so called during the
operations OF this government; but ad
NIT, has been more frequently resorted to
by them.
In gentleman from Pennsylvania (Mr.
Lelb,) af.er having read his instructions
informed the Senate. that he represented
one OF he great states which had given in
structionS, and that he felt himself Jbsolut e.
iy bound by hem in the vote he should give
on the present question; that he Consider
ed himself the representative OF the ieeis,a-
ture OF Pennsylvania that it was the prip-
cipai and he the agent, and was bound tn
carry into effect its Will, &c. &c. However
nigh may be the respect ] generally enter
tam tor the opinions Of the honorable gen
| tleman (Mr. ID ! am compelled to dissent
from him in these opinions. feel myself
compelled too, to express This dissent; lest
II might be supposed, that being similarly
Icircumstanced with that gentleman ON tine
present question. NY conduct might be IN.
huenced by similar couSlde rations.
| de- nos Consider myself he represeuta
tive of the legislature OF Virginia, although
i nngI nm tt.ftf r..A -