Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-06-05
Voc. XAHX.---No. $.

Ilea, 'cos igt to he jury tcih a Favorable clGrge.
Bennt"gfed VS.. .lsbley Gro. EHs. III. Here ticn
Judge johnson declares that after very serious doubts
he was content TO unite with lis three brothers 10
make up majority against the Bank, because he
found in an CID Reporter Of AT the time of Queen Eli.
zSneth that The confession OF the quo amino Nhat is
oil the alleged but fictitious c0rt.pf 0cTe,,uc,f fY,I;,
Ga az a demurrer made that usury, which by the au-
thoy of the very book would not have been usurv
II the plaintiff had rceerSed the pea that is had denied
ana rendered in issue the pretended corrupt agreement r.
them thc Branch Lexington instead Of dc,mris baJ
aVefsed the plea OF the defendants, that H. if they had
denied the existence Of the corrupt agrecet averrc M
the Defendant, but which had never existed die SUI
prone Court would have decided that there was no surv
IN me case, and the defendants would have been com
PEELED TO perform their lawful engagement instead of cyoJ
ihE IL by sIiSmaisng themselves with corruption
The subscriber viii pursue further this ANALYSIS Of
he decision Of majority Of the Judges of tic Supreme
Court oil Tic United States In cases where ha veucln
le tribunal - at liberty 10 harnonze in judgment with
Inc award OF moral scnsibity there none 10 whose de-
sornle f and discrimination lac would bow with more
Itcsecuu ueerohcc But in the review OF Judicial de-
cons upon contracts avoided Ivy pleas orusury or statutes
Gi limitation there would be always found considerable,
ue','' oil au'horics in the English Reporters, traced
BACK even 10 the age Of Elizabeth in which the Cat Of Inc
Law has been in unison with the dictate of justice
in one OF the precedcnis cited by Judge johnson ,Lc
Court . said to have observed "fhtre nothing IMMORAL
an ms frGnsactio int is dgoisia proAiGifory sta
case cf the Bank of the United States a9aimst Ovens J
others O that transaction it could rot be said there was
nohng IN 1t Immoral. There something in il pro-
ounhiy immoral, though not the part OF the Bank
Even the violation of the pohbiicry statute was an infer
ence against the fact, from the confession implied in de-
/ y
OF just debt and then branded with usursy upon the ne
OF general derTec0t'on ond raie Of the notes of
the Bank Of Kentucky, when in fact there was NOT cent
of usury taken or even reserved W WIZ
me subscriber however, suppress his SURPRISE
mat ms case should have been selected and should NOW b
m as me head and front Of the offences of the
bank OF the o. States Not alone because upon toro,rh
examination OF the Facts as they appear upon the face OF the
report Is me settled con' ciioa OF his mind that throuoh
out the whole Of this Transaction tic Bank was the n5o
cent ana deeply injured paiiy-not alcne because Le
deems il would be the summit Of Injustice TO hold the RAM
for an mil do.
nrer PLEADED seven years ago in suit brought v the
cause, setting aside all those considerations nn1 socin
even the President and Drcc;"r- OF lie Parent Rouk cu
pNue oil an tue mistakes in pleading Of The Branch at Lex.
gton this transacions of years standing If usurv
there were, il was the usury of NJ Bidde and tbc D
reetof OF 1882 but of L. Cheves and the Directors Of 1922
the contract was made in May of that year. From the
endorsement upon the note then rodc by nm iiusrous
Glzen oil kentucky, and Of tie distinguished
lawyers OF the Cuion, (lr. Clay) il is clear that there
was houng m ms opinion in the transaction which could
expose IT to The charge Of usury The subscriber sees
no'lng IN II OF that nature now. 1t undoubtedly
considered ~ the same light by tho ;iicn President of the
Bank Mr. CheFes, 20 whose oin-~ upon other points re-
g"rdng the administration OF the affairs of The Bank so
uH difference Is shown in the report Of tie majority Of
The Committee, that the subscriber thinks lie niI wcl
nave been spared ibis imPu'aon Of bel accessory to
an nf"'lous contract OF Tie Branch AZ Iexipr,o and nc
having permitted tito be consCnmote,l without ceneue mr.
aninadverson
Inc next charge upon which The majority Of the Com
niuec nave deemed wi'hn their competency TO rcpor
II la' Gelang TO the Issuing OF the Branch drafts notes
GPon tlls subject, there nothing Of any moment for
l To Ill TI,a;.
existence I'VE causes in which they oginatcd and the
purposes which they attended 10 answer had All
Seen SS'osgd upon returns already made the Presi-
"h' me Bank TO inquiries instituted by t7 and the
9'her House OF Congress They had been Issued not
has.iY, hu after deliberate advscmcri with regard 10
'eit cS'hY, sanconcd By tic written opinions of ree
OF tie most eminent counsel, learned in The law In Tie
United States All the facts cas.ng 10 lust estimate Of
their cXpeGiency were vel! known They ,vere snL.G.
tcd for small notes signed hy tho Pre.ilent anJ O.
ShcF of the Parent Bank, of which it was innose for
mGla 10 supply sufficient numbers for hc necessary cir
he If A.
the Committee states much in detail, tic repeated and
earnest applications Of hePrcacut Directors OF tLe
Bank 10 Congress lee additional authority 10 the Prosi
dents and Cashiers of ic several Granohcs to sion te
notes issued Ivy those Branches docs ROT appcar tIot
This request was denied by Congress after debcrs
Select Committee of the House Of Representative in IA
yor o. The appointment designers 10 The notes Of tr RAM.
"l NE Sfiit Which in the ha is Of legislative power 80
often defeats y proCasnaicn that which il cannot rco
s'nao'y reject, had always succocded il arrestng the
aJuoI OF OonGFesS uron This proposal. But the power
WIN was adequate TO withhold tic means of rIrnisIno
IN TINS orm uniform currency FOR circulation could neither
supply s place, suppress the constantly RECURRING
want of it, in the intercourse Of business between The AZ
ieren Pnrs oihe country The solicited power Was me-
vcr denied, But was never granted: and tho si
to grant had The effect Of denial The want of cjrcuIa
ung currency, equivalent 10 specie continued with in
Ileo1g pressure upon ihe people, and especially tho
Iocabohs oil the Southern and Western Branches of tho
pAh" an cNpcdient was at last rcsortcd W ch With
out tran'cendng ue limits Of the charter, effected tho
same purposes Which would have been accomplished l,v
oc payaoIe al me branches under the signature their
Presidents ard Cashiers. it was that they shoul be
"u'oilN ny INC Directors Of The Parent Baul,
notes or drafts upon The Rauk, payable only there That
ths cNpedicn was warrnted 10y law has been settled bv
solemn decision in tic Circuit COur of the United States
ha' previously received The sanction of die Secretary
OF the Treasury An Obvious remark rpon II IA d., -
success depended upon The cxtcnsivcncs and urvcrsa
OF the credit OF The Bank Tho drafts though pav,lc on
~ at the Bank in Philadelphia, circulated as spec in eve
part OF the country. But for that credit u,ev could
Ol nave circulated ct all only Deprecated currency
hey nave answered an exceedingly useful purpose and
proved great public in the irausocon of
business and the circulation OF exchange thfougliouf e
Union. Jnder management always prudent md caufo,,s
10 serious Inconvenience would be Anticipated from tben
bu II - not 70 be disguised that they offer facilities and
temptations for imProyidcnt and excessive seucs Tbo
mI reported by the Committee of WAYS and Means for
re chareng The Bank Of The United States PROMISES 10
PoN he ls9ug OF these hrgnch drafts, but 10 authorize
INC PRESIDENTS and Cashiers Of The Branches 10 sgn s
payable at their respective Offices only The want If
circulating currency will rot be eccuay suppeJ b,,
i. process as By that in but will be more in
V'"by sale 10 The bank itself IT understood TO be
moro acceptable TO the President and Directors ard tho
aubFcnbcris willing dat - should be substituted for mc
practice now established; from which, however lc ocr-
ceye not that any serious public injury has vet resulted
mat IS Jusuiabc under he charter, he has no doubt
The nest charge adopted by the majority Of the Conn
nittcc rom The bin Of ndctmcniof The chairman is thar
tho President and Directors Of the Bank have been gull
y Of the crime Of receiving and paying Spanish dollars
and even orr own gold coins their intrinsic value which
IS higher than tha conferred upon them by statute The
objection iS, that these not technically called bullion.
dnd there seem 20 be argument In the report U,t In
give or receive moro Tor orci COIN domestic coined
gold than thrir yalue, established by law s unioGt
rms argument Tue suhscHber believes has ihc merit Of