Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-03-28
Virginia g.egEsHasure.

ESRAEse SLeSESHSsUHe.
SPEECH Of MIR. McCoMAs Of Uyihe, IN the Senate or
P"gn'd, an reply to that Of Mr.. Smith of Rana,cha.
on me conShutionality Of The Bank Of The United
MIR. McComas said, he regretted that he had
entered into the debate-but having done so he
considered 1T his duty make a short repv 10 the
gentleman from kanawha. The arguments of that
gentleman, he said, were able, bur TO his mind nor
conclusive. He acknowledged that his early inn,
pressions might have some influence upon his ;udo
heht, out that he was not conscious of it. It xvos
rue .lat ihe opinion that the Bank was uncons,itu
,2ha', mad, he might say, almost grown nm with
Htni nut !" the examination of this question he had
ehoeaVored to discard every prejudice and thnt he
was compelled to say, that the more he examined II
me DETER he satisfied with his former o,,;,,;
The very arguments resorted 10 bv renfJen,ar,
prove to my mind, beyond all doubt that unou thn
construction for which contend depend The Ehor
anu happiness OF the country; for the construc-
ton that viii give Congress the power ia INCOME
rate Bank, would change the whole pa,ure md
character OF The governmeD would sveep from
,,,,, '',,""h every enumerated power, and con-
centrate an legislative power i'm Congress
nc gentleman from Kanawha commences b;s
argument, by denying The right of anv man 90, co, 8
men 10 can IN question the power of Congress- To in
corporate Bank lie says, it is not am omen nuas-
uoh; that we are precluded from the examination of
~, because all the departments of the go,,orn
nave decided in favor of The exercise of ,ho
Does the gentleman intend to conteud that. hecousa
Wv t''",D"ts OIL ne government may decide
" n."sNV ~ ne CONSTITUTIONAL it is binding I'M
on the people aud the s;taes and that ,Lev n, 20 90,
me right To bring the government back m ,La c.
s"f"Hoh! II me gentleman be right then, indeed
mas me servant become the master. Does the zen
ueinan intend To contend, that The Governments snir
mas no rsht 10 retrncc its steps should it discover
that II had erred, that it had violated the Cons,;,u
tion?-Surely, ii will not be denied that the neo,da
ana the states have a right 10 control the govern
,'e', o. e ooi; ana That no decision is sacred
that they mny not scrutinizc and examine it,
contead, TINT upon constitutional questions
nhn more par"cnlarly npon questions affecting
me powers OF the government, neither the peo
PIE nor me states arc precIudcd, by the deci
sion of the departments of the ,oyern,,,a,', 60
compelling the government 10 retrace lis ste,s
were this not so, the acts of Congress the onn;nns
oi inc supreme Court, and the Proclamations of
ne Executive would soon take the place of the
Constitution To my mind the s,ranwcs, mar, IS III
gehtlelnah's argument is " that we are sworn Tn
support the decisions of the Supreme Conf ri;
uocIihe would, IN my opinion, swallow up all CON
s"'uuohai l.iheriy Ii would make the government
too strong for the States and the peone ,,;,ad :;
Wouid make lie government the Uncontrolled iudce
OF He extent oil IT'S own powers--it would place he
feoPe, me states, and every department of tbe no.
Verhment Itself, at the mercy of the Supreme Cor,
What reason can be assigned why we nre s,,,o,,
10 support the decisions of The Supreme Comp
INone unless 1t be contended that the decisions ne
ulut Nour', the moment they are pronounced ave in
grated on, ana become part Of the ConsI;tu,;on 7
VIII not suppose that any gentleman would conte,J
Tor such posllion-( had rather believe tbot !,
was mere assertion, without reflections; for If IL |
were true, neither Congress nor the Court. could
change it,-neiher Of them having the mower n oI
ter the Constitution. The Court itself has ,,non
several great constitutional questions CHANGED -;
OPINION lt cannot, therefore consider lis desions
as constituting part of the Constitution Do NOT The
. Judges oil tne supreme Court, as we'll as we swear
to support the Constitution? And if accorJ;po 70 !
the argument OF the gentleman il includes tho mi
mons of the Court itself by what auiIor;tv ddn
,hat court change its opinions? If the gentleman
Do rIghI every Judge OF The Court, when he pro !
nounces an opinion, Oh questions of cons,itn,;n,nI
law, differing from that lie and tbe Cone ,,,n
nave gwen, upon some former occasion vioIotes ~;
oath: Or does the gentleman intend to sa,, ,i", |
llle IeoPe' the states and every department of the
government arc slaves, and that the Supreme Comrt
alone, is free J.? "i'
IN the observations which / shall mike
shall only notice the arguments of the o,on,Io,no
rom hanawha. j hope that the gentleman from,
LOUISA VIII not, for q moment spnose tho, T ,I
his reply TO the observations which had liz 80. r
lew days since Of submitting TO the co,,,,;,ioo 90
unworthy Of consideration; but if has beer co GH
auu eoly answered by my friends from Cupeper ma
w Williamsburg, that it would f,e n useless ,.,d,
lime ot this committee for me IN o,,o, 80, " ue
hlng 10 What they have saiG-and Mr. CL;.y
'aId ihhntey better than can possibly saw IL
Inc 8entiehah from Kunawha Commences u
hs.oTy Oh me Bank under the old confederation
ynIcn' as ho3ody now believes that the old Con-
jress possessed any such power, and or ,Ln III; o'
ors and stockholders did not conido in !, L", ~
aiely ma protection in the Acknowledged o,J gu
doubted authority ola StoteI shall pass il bv Iii,
ut remark, and come to tho establishment r. "a
rst bank under the Constuon.-Up oD ibis ne, 10
pc government the gentleman places great reliance
ecause ne snyat was not decided bv n uor,y IL
as not, be tells you, any faith in fle Ieci5;nnSS 10
'oyernmept made in times Of great pnrtv eyci,e1
rent Does he forget that the party tLcu =, ,n',',
,oS me same ta' ~ ne Convention which formed
Ie Government Of The United Sates Po"1 w, v,
strip The states Of every ycstge Of soyerci"n o
lor'y-ahd who were then cndeavoring t - ~
&c government in practice what toy had Gi LIZ
lou G,. ~ nsory That il was the first great o9eS
hemseiR winch the parties distinctly deveInmoJ "
been pSS IL maybe said emphatjcaIlv 70 Gpoa u
nan that GeSgestion. will remind he oendo, =
iher Congress Wellington doubted to the los, VIZ
Jefferson, who wlSSsed ti'e power; ond that Mr.. d
him If ne donp'ed 70 The Bank, advised {,
yr JuuIciHy. ''y mo eject The 81