Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-03-21
Virginia Legislature.
SPEECH OF MIR. SMITH, IN Senate Of prginia

virginia Legislature.
SPEECH OF MR. SMITH, IN Senate of Yiyr;n;o
Continued
Mr.. Chairman, in pursuing the order of cxamino
,'on we wi pass ON to the period when the present
bank was chartered BY reference to tho votes c;vo
ana the multiplied discussions of the question ),
WIN DE seen that this bank is democratic measure
Drought on and sustained by the distinguished mem
oe,s OF tat party In 1871, the federal party were
eXhibiunga paternal regard to this institution bur
were resisted and defeated by the same party. which
III iolo, taught by the difficulties of the country os
wen us ny experience, magnanimously gave nm
uen preJuu'ce, acknowledged their error, and i'm n
most laudable zeal to advance the interest of the
government and the people, united i'm givinu ey;s,
renee 10 that institution, which, i'm most rctnnrka
pic degree has answered all the purposes for which
II was created. The federal members of Congress
generally, and all those from VIRGINIA opnose1 H.
present Bank, because they thought the can;,j too
Iarge, and that too much power, by reason of the
nve directors appointed by the President was ell
trusted TO the Executive
James Barbour and Chief Jus,icc T,olor ,,oo
the distinguished advocates of the Bank on tho
noors OF Congress, in 1916. Calhoun Lowndes. and
forsytb, were among the foremost i'm the ranks of
~: S n,e a S"mes Pleasants Of Virginia. sustained
IL In lSl4-lo, when the bank received The executive
veto. Thus II appears that the Bank which l. Tho
suo!ect OF such violent maledction has been honor
Gu ny 'he conptenance and hearty support of all
parues ana ny all the executive heads of the eder-
al government No measure about which doub,
couid exist has received the popular or Legislative
sanction with greater unanmitv. e''''''''
III now remains to show the judicial simmons
wren inns institution has received from the Courts
oil the United States Although il is LeJ;oyoJ ,h
Circuit Courts have repeatedly affirmed ,I , Wv,
uonai powers of Congress TO charter Bank vet ne
the,f decisions are not final they will be dsregorded
anu anu .Hose only given which are made the supreme
law Oh the land, by the Constitution itself
The case of McCulloch ngo;nst ill.,, g.,
!ahu, reported IN 4h Wheaton, is the first in which
ne question Oh the constiiutonality of the B,nL NJ
Tue u .. was put directly in issue I'm tbot,cause
me best talents of the country were M, IN $3.50:
on' ana amer the most elaborate arguments nn
sue, ue supreme Court unanimously decided ,ha,
,e congress OF the uaitcd States has power to char
Ter bank, ana that the charter ertLe present hank
Is constitutional This discussion was made in 1910
Inc same questions were afterwards decided in
inc same way, in the case of Osborne opo;nst ,Jo
6 6ank OF the United States, appeal from the
Circult Court of the United States for The District
Ohio, &h Wheaton 73S. W. Va
III eacn case the opinion was delivered bv Chief
Jusnce Marshall regret that these opinions orc SO
nltle khownhy the people. They exhibit lucid and
aoo. Pioi1unu exposition of the Constitution, and
20 so clearly and conclusiveIy to establish the now
or Oh congress 10 incorporate Bank that il seams
~ me tiiey cannot be read without CARRYING convc
uon 10 The mind, however it may have been warned
p5 !op.i'ai prejudice or ensaved by education |
reJoce tna SO much intellectual light emanated from,
.he Oid Dominion. Wills queuch the fame which
Sues her 10 so proud station in the field of legal
intehgence' Will she struggle to pull down from
Of ,.
pes', Wiscs, and most patriotic sons 10 induIge in
sup'e theores aud political specuations from which
no Praclical good can be derived? Bit enouob
IL cannot DE necessary, here, in Richmond omongst
1ie ne'gmpors me intimate acquaintance of Chief
justice marshall, that j. humble citizen from, tho
mountain, should ask profound respect for his on;
mons. know your pride too we'll / know Won
would sooner submit to the severest privotion ,Io,
p"'t WIN ue hohor his transcendant talents has
won Tor your State. lie stands without rival in
judicial merit, by The unanimous consen, of ,J
American people. " "''
MIR. ChairmaD,-Did the gentleman from, Br,,ns
WICK, wheh ne declared the charter of the Bank of
Inc United States to be "a bold and daring ,surno
non, recollect that it had been sanctioned NV
washington, Marshall, Jefferson and Madison
under the solemn sanctity of an oath? I ,bouebt !,
uoiu anu oarng expression, aud heard it with sor-
row. DO not such declarations exhibit n reprehen
sible ignorance of the sanctions which The charter
mas so often received, very censurable ntrepi
my I'D the maintenance of individual opinion i'm TO-
tal dIsrespect Of the opinion of others?
Mr. ChaIrmaD,-From what Inns been soid Il &c
manifest that Congress- at various t;,nos 49,
PRESIDENT OF the United States and finally. The S,,,
Preine Court have sanctioned this institution as ,h
ipe'una'e OFFSPRING of the Constitution The peo
pie OF the Union, or n large majority of ,bon, -
always believed it TO be constitutional and iii -
acknowledged IFS great utility. Every consttutor
III department of the government has piveu II tbe;
uPProDaton III this does not settle The question. 7
pray gentlemen to tell me how any fundarnenta min
clple OF the Federal Government shall Inc so,.ipI "
Inc people arc as deeply concerned TO know and
understand fundamental law, as legislative act
nle thc people to be held in perpetual doub? Shall
ei"a NC lawful to-day which is highly penal to.mor
Iom' rest assured when the laws are of This nm
celtah character, the liberties of the peopIe are l.;
Inn'D'nehi hazard. The property the liberty. and
even inc hVes OF the citizens may Tins he ,nodc -
dePend on the within, caprice the poesions al
soIneuhes the FOLLY oflegisatiye assemblies. Vhcn
lhe laws are uncertain, no public or private cn,cr'
prize can exist. No man will adventure Ls c,,;,aI
or DIS laDor when the success Of his en,er,,r;. ,
DC made TO depend on the stability of an eycrL,y
ing law. The people should know what tho In, p
ana even though bad il is better being settled ,a
Jaw winch is ever uncertain. ''"
as early as the year 1871, Mr.. Giles though, this
Juesuoh settled. cannot forbear giving his words.
oy oIo directly to the question before us md come
I,om an INDIVIDUAL whose right TO n tnembersIi, in
"1 InuIGn Oh 'he true faith, cannot be disuufed
Ihe Following are his words; 81 find n,,sdicaniio,
upon to oppose law, on constitutional ,,,,I
winch has beenin existence for nearly t,ve,sy @
anu' during that period, i am compeIJod -, oai OF
mt mas been acquiesced in by the several IL ST.
governments rs well by the General Govn",,
In1 1 ana ITS republican administrations II =; 49,
oi rksome to me to question the constitn,iprn
uuy OF law which has been thus and so io,,, w.
aI W, because 1t tends to give the cbaracer
"'s.aOll'y to the laws generally; and in INV indo
ano1J .onos also, IN some degree TO n1uair the 90
'''' character OF the laws, and Of course to lessen