Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-07-23
NO. So

whom he charged with intentional de-
lay In printing the bill, and with de-
signedly printing it on an inconvenient
type, because his own opinions were
unfavorable to the measure; charges,
which that officer Indignantly repelled
in letter to the Speaker. It is pro-
per, to add, that the letter was put on
the journal, at Mr.. MERGERS own In
stance.
1t will be remarked, that the provis.
ions to prevent unauthorized banking,
were blended in the same bill with the
charters Of the new banks. That those
provisions were thus anonymously
blended with the charters, in order
that both might stand or fall together,
"a device too Common in legislation)
I Twill not undertake to affirm. But the
whole bill being rejected by the vote of
the 9th of February, Mr. Scott of York
on the 9TH, obtained leave to bring in
a bill, "more effectually to prevent the
circulation ofnotes emitted by unchar-
tered banks" Accordingly, bill for
that purpose, was reported on the 18th
The provisions of this bill Gas repoyfed)
related mainly to the contracts made
by unchartered banking companies; an
nulling the very contracts Of association
and all contracts made to such compan-
les, or for their benefit; and subjecting
the members, agents and officers Of
such companies, TO summary remedies,
on all notes or other securities they
might issue. do not remember, that
the bill, in its original form, denounced
any penalties of forfeiture and imprison-
ment, such as Mr.. MERGERS bill had de-
nounced, against the persons concerned
in such associations; lam very sure, it
only provided at the most, gerry moder-
ate pecuniary penalties against them;
such penalties, as were designed, and
therefore calculated, 10 be enforced.
Mr.. Mercer did indeed declaim against
this bill as "mons.rous and absurd"
But he did not object, that it was I'M
Constitutional: that had been too prepos-
ferrous: since as to the penalties on the
persons, he had himself proposed far
more grievous punishments; and, as to
the othe1 and the main provisions Of
the bill, they were only deelaratory ola
we'll known principle Of the common
law, as the Court ofAppeals has since
solemnly decided. His real objection
to the bill was, that it was loo efficient.
1t was passed by the House of Dele
gates on the 18th February, and sent
up to the Senate. 1t was returned, on
the oath with numerous amendments
in details, and one very important in
principle; an amendment providing that
all the capital stock of any private UNI
authorised banking company, should
be held in trust for the Commonwealth;
and making it the duty of the Attor-
ney General, to institute a suit in the
Superior Cour, Of Chancery Of Rich
mond, to recover such capital stock.
This Amendment was Amended by the
House of Delegates, so as very mate
rally to mitigate its severity. 1t was
in regard TO this principle introduced
by the Senate, and especially in regard
to the jurisdiction given 10 the Courof
Chancery, to try Gas was said) mis-
demeanor and pronounce sentence OF
forfeiture that Mr.. Doddridge and Mr..
| Mercer raised the constitutional objec-
ton.
In the same session OF lsl5-l6
and sometime before the suffocation
Of Mr.. MERGERS biII.full of banks, an
other bill had been introduced, to take
the sense of the people on the proprie-
ty of calling convention; and Mr..
Selden, i'll debate on that bill, had de-
livered speech on the right of suf-
frags, in which he had, most strenu-
ously and most satisfactorily, and Gas
Mr.. Mercer will perhaps even now
agree very ably, indicated the politi-
cal justice and the wisdom Of our
freehold qualification. There is a
strong impression on my memory,
that Mr.. Mercer did, on the floor Of the
house, pay just tribute of praise to
that argument, and express his full as
sent 10 the propositions it maintain
ed: but Mr.. Selden himself has no dis
tinct recollection that he made any
such remarks on the subject, in the
house. do not know what Mr.. Mer-
Ger regards as public expression Of
his sentiments: but I beg leave to ask
him, whether he does not remember,
that, in large company, Of which
many were almost strangers to each O.
ther, and where confidential converse
ton would have been absurd, Mr..
| Doddridge said he wished he could
1 get copy Of Mr.. Selden's speech,
that he might carry it home with him,
| in order. to shew his neighbours in
Pennsylvania, what sort Of a politician
1 aVirginia democrat was; and that MIR.
Mercer united warmly in the most un-
qualified appreciation Of every prinsi-
| IL xvhieh Mr. Selden had rnaintainedt