Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-10-25


guide, aud could consider nothing but the principle,
oil the charter under consider alton. He was then
der the exclusive control OF his own Judgment When
he signed the present Bank charter, President Of the
United States CT, cumstances differ Congress
had twice. by decisive ao',ie., decided the cons,i,u
al question, "a had tho Supreme curt, co ordinate
branch OF the government With these before
him, and the admitted urgent n-ces lie. oi the country
bankrupt in funds aud credit, with heavy debt to
provide or what d'd duty aud paho'i.m require a" The
hands OF Mr. NJ ad,son! Holding merely the ruive
power OF the government, ('nd obtaining some doubts
growing out OF decisions OF s"d the Supreme
CourtJ he determined waive his 'cr"pl,s and to
sign the bill. In this act, MIR a.on pail high respect
to the repeatedly express opinions OF The co ordinate
branches OF the go,e'nneW. particularly TIA, branch
which directly from the people. added this,
there had ben proposition TO charter bank 1t the pre-
ceiling session. which taied The cleo ions were
had with the ul knowledge 4 ut this qu-s ion would be
again brought up a, the next Congress; and the lac, tina,
the OF the repr scntaves in that Congress ere
in favor OF the charter was clear ndicst The sen.
meni OF The people These the ct rurs 'snces un
der which MIR. Madison acted the ea.ons which die.
taed his conre; and surely II ever public officer
jusuhabe in waving his own opnio,,s tor the be nett
OF the county, Mr. Madison az i,. III .bIe upon
cas,on Mr. Jefferson said, aud truly that "ihe negative
oil the e'den Is the shield provided by the Consu-
ton, TO protect again. the nvasions OF ;hc Legislatures
L. the rgh's OF the Executive; 81 OF the Judiciary; 3D.
OF the atcs and State Legislatures" Now this bill in
vadc neither and there nothing in the principles the
Executive veto whic, requires is inerPnson upon all
questions where the Executive differs with the Legisls
upon constitutional points. There must sometimes
be ssions to the other. When General ash.
ingon was considering the charter OF the old Bank Mr.
Jefferson gave, as member OF his cabinet the following
ADVICE cit must be added, however, that unless the
Presidents mind view Of every thing which is urg.
ed for and against this biil is toierG6y sear that i. u
authorized by the Constitu,on-it the p,o and the ram
hang even AS 10 balance his Judgment, just respect
tor the Disdom Of the Legislature would naturally de-
eide the bal snce in favor OF their opinion It is chiefly
Tor cases where they clearly msled by error dm6i
fon or interest," that the Constitution has placed check
in the negative OF the President" This reasoning pre.
much strongly does the reasoning OF Mr. JeAvr.on
apply TO the case of Mr.. Madison. Among the leading
Republicans OF that day there much diversity OF OPT.
mon upon tHis question. William II. Crawford, whom
Republican Vrgnd afterwards voted for as Pre- si,cnt
was the decided advocate OF the Bank charter. James
nate by a Republican Legislature, was its advocate
How, then, Mr. Madison be accused OF
when he yielded his own opinion to the wishes of many
OF his leading republican friends and the obvious good Of
his country! Mu,us has certainly failed to make good
his charge upon this point Secondly, to the Federal
Judiciary. Mr. Madison urged the power Of the Fede.
raj Judiciary decide upon the boundary Of jurisdiction
between the State and Federal the Fede
rais before the Constitution adop,ed and in 1880
he expressed the same opinion The question this:
tween those periods did he any inconsistent sen
ment "Muu," quotes the three following paragraph.
from the Report OF $500 TO prove that he did:
Extracts from the Report Of '9s-IsOO.
However true may be, that the Judicial Department
is in all questions submitted TO by the forms the Con-
stuon TO decide in the last resort, this resort must ne
cessary he deemed the last in relation the authorities
OF the other departments OF the Government; in rela-
ton to the rights OF the parties to the COM
pact from which the judicial well the other depart
ments hold their delegated trusts On any other bypobe
SIS the delegation OF judicial power would annul The au.
thory deegaung u; and the OF this
mcnt with the others in usurped powers, might
forever, and beyond the possible reach any rghtiu
remedy, The very Constitution, which all instituted
to preserve.
Ii appears to your committee, to be plain principle
founded in common sense, illustrated by pracice
and essential TO the nature OF coupacts, that
can be had 10 tribunal superior the authority of the
parties the parties themselves must be the ghIfu judges
In The last resort whether the bargi made has been pr-
sued violated The States being the parties 10 the CON
suional compact, and in their sovereign capacity fol-
lows oil necessity, that there can be tribunal above
their authority 10 decide in the last resort whether the
compact made by them be violated and, conseuuen
that as parties it, they must themselves decide in the
last resort, such questions may be OF sufficient nsgn
tude TO require their interpositon.
IL the deliberate exercise Of dange powers paIpa-
bly, withheld by the Constitution, could Justify the
parties TO IT, III inerpo>ng far the pro
gress OF the evil aud thereby preserve the
ITSELF well as 10 provide Tor the safety of the parties 10
it, there would be end to all relief from usurped power
and direct suoverson OF the rights specified recog
nized under all the State Constitutions well as a plain
denial OF the fundamental principle on which our indie.
pendence was declared.
The authority OF Constitutions over Governments and
OF The sovereignty OF the people Constitutions. are
truths, which are all times necessary TO be kent in
NINA anu al ITO tme perhaps more necessary than the
present"
Extracts from Nh hadiso"s letter to The Editor of the
Worth .finericon Reuieto, dated August, 1880
While vindcaung the supremacy the Federal Court
Mr. Madison referred 10 the 39ih No of the
OF 80 r'''
IL is true, that in controversies relating TO the boun
Diary between The two jurisct TONS the tribunal ich is
ultimately 10 decide Is 10 be established under the Gene
raj Government But this docs change the prncple
OF the The decision is be mpariay made ac
cordng the rules of the Constitutions and all the
and most efecua precautions taken secure This i'm
Partially Some such tribunal is clearly essential to pJe.
vent appeal 10 the sword aud dissolution OF the COM
pact and that ought TO be established under the Gene
rail- rather than under The local Cove or TO sneak
more properly that it could be safely established under
the first alone, is position likely to be combard -
Having quoted the above from the Federalist Mr. adj
son proceeded and remarked that the Constitution is
compact that its text TO be expounded &C cordns to the
provisions Tor expounding itmaking part OF the COM
pact: and that none OF the parties rghtuy renounce
tile expounng provision than any other part When
such right accrues, as may accrue grow out of
the abuses oil the compact releasing the sufferers from
their feay to it,
"In the event of the failure Of every constitutional re-
Sort and accumulation of usurpatios and abuses
derDg passive obedience and resistance greater evil
than resistance and revolution there be bur one re
The last OF all; an appeal from the cancelled obig atoms of
the constitutional compact 10 original rights the law
OF preservation This the ultima alto under all Co
vernments.'
deny the conclusion. TIE ascertain the true be airing
OF any reasoning, reference be had the subject 10
which that reasoning applies. "Mutius has strung TO-
gether three paragraphs from different parts the report
having different connections for the purpose of proving
that Mr. Madison denied the Federal Judiciary the pow
ers which he claimed for il in The Federals" Tho first
paragraph only has reference 10 the power the J
dietary, and II distinctly admits the power, while il asserts
hatI is not TO be whmsicay caprcously
but that it must be exercised according TO the
principles OF the Constitution, aud within its limits
The second and third paragraphs quoted have reference
TO the right oil The State, TO judge when the otg atoms
OF the compact ranccIled by ,pablc, dang erous
and violent breaches by any department of the govern