Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-04-22
Twcniy-third Congress. LIST sess.
MIR. LEIGH'S SPEECH,

In The Senate IF the United States, March ls.
After Mr.. Webster concluded
Mr. Leigh said, he hoped the Senate would indulge
him II he took this early opportunity Indicate frankly
and distinctly the opinion he entertained fis important
subject and the course he should pursue in regard to it,
Indeed, some remarks which had fallen from the gentle
man from Massachusetts,, il he tightly understood the al
usons they Imported seemed TO render such expsna
ton from him necessary.
IL is known TO the Senate said he, that among the
solutions adopted 10y the General Assembly Of Virginia.
during its last session. which have heretofore been laid
before both Houses OF Congress- there declaring
the opinion that the Federal Government had constu.
tonal authority TO incorporate National Bank con-
tains, indeed no positive instruction. 10 the Senators
presenting the State in this House, but it is deliberate
solemn expression OF the of the Legislature and
have no doubt OF the general OF the People OF Vr
gina on the suJec and this with reference the CUES.
ton OF the renewal OF the charter ct the present Bank
tho u States. 1t is known 10 the Senate, too that must
have accepted the trust which place in this body mpo-
ses, with lui knowledge OF the resolution which have
advered Under these MISUNDERSTANDING what
was expected OF whenl elected representing the
sovereignty OF the State aud informed am, OF her
opinion end her will even il entertained different opi
mon, should be incapable OF far her
as TO vote Tor re charter OF the Bank of the U. States
Tor any length OF Time however short, with any mod-
hcatons whatever. But in truth, concur in the opinion
Tiny constituents the constitutional question: and that
entirely and exactly have examined the arguments for
the constuhonahy oil snch corporation, and
again, deliberately, and, hope, impartially- think
understand them-and am quite that the opinion
have formed, Is the result oil best Judgment At the
same time, remembering that the opposite opinion has
been entertained by many enlightened men, by large
majority OF the states composing this Union and by a
large majority too, OF the People OF the United States
cannot say that the incorporation Of National Bank on
the principles which the present Bank has been fran
ed, isPapa6y unconstitutional; that would be degree
presumpona want OF respect for the opinions OF others
pretension TO infallibity, which am incapable Of
an say is, that heir reasoning has convinced me-
Without entering at large upon the topics eli argument
that belong TO the question, shall only remark
that the power such institution has been claim,
Cd as an Incidental power and chiefly incidental to the
power oil this Government to the currency of the
s., and to the power delegated levy taxes and TO
collect and disburse the Now as TO the 6rs the
Constitution contains no gran, otpower regulate the
rency only empowers Congress coin money and 10 re-
guaie the value thereof and OF foreign COINS TO which
cannot see how power 10 bank paper CURRENCY or
regulate bank paper currency created by the States
can be incidental AS 10 the other, easily understand
that National Bank may be, and has been made an
agent Tor ekeepng and distributing the public revenue
"a convenient agent-but the question with me- is whe
Their necessary and proper or all appropriate for the
purpose Among the various arguments against the con-
s'tulonaliy OF the Bank, there one which has had
much weight on my mind, and which do not rene mber
to have seen fairly met and answered Considering The
power TO incorporate National Bank incidental 10 the
power OF collecting and distributing the revenue, is OBJ
Vious That The hsca agency OF such institution,
which consists the execution OF the power is not only an
incidental effect OF the Bank The main purposes eff the
Bank TO create stock for the profit OF the
credit Tor the accommodation of individual dealers-a
bank paper currency OF universal crcula,on Tor the re.
neral use oil the country and such being the main pnr-
poses The sca agency OF the Bank in safe keepng and
distributing the public revenuc-ap agency wholly un-
connected with the main purposes of the institutions
required OF it, as part Though admi, very important
par oil The consideration pays for the privileges confer
red by Its charter. Ii this Government may do any
thing, which, though in the principal design purpose
and effect, has OF relation 20 the powers de-
legaed by The Constitution, incidentally have an
effect TO execute any oil thcm really see no Limitation
whatever 70 the incidental powers of this Government
suppose, Tor example, Congress should incorporate
company, with exclusive privilege transport all pas
sengers travelling through the country for its own emo
iumen upon condition that it should also transport the
mail free OF charge, and be responsible for all losses tina,
should occur 10 individuals the public through
accident, embezzemeni, robbery this might be We.
ny convenient method OF transporting the mall great
saving OF expense 10 the Government and TO the peope
and complete security rather an insurance of
ments by post and yet the monopoly of the transpora
non OF passengers would be the direct main purpose of
such an institution, while the transportation of the mail
would only be an ncidenta effect OF it, Would any one
maintain That such :n incorporation would be constitutions
al! IL Inns; not be supposed that put the case as one
exactly like the incorporation OF National Bank am
sensible OF the points OF dversty my only purpose
illustrate the propositions that The incidental effect of any
carry into execution OF the powers OF this
government, cannot render the constitutional so
far as ii affects the main design aud purpose II these be
Dowse reteTahc TO any OF the delegated powers. am
much more apprehensve OF the general mischief which
may flow from the admission of such principle of con.
s,rucon than am OF any particular mischief that cen
possibly flow from the application olt in question
the incorporation, namely, OF National Bank.
Blu! though the People OF Virginia DO entertain the OPT.
Mon, and have uniformly mantoined, and think upon
just grounds that this Government has constitutional
authority TO charter dtonal Bank, the developments of
the present year. in rapid progress may TO con-
vince them, that the the charter OF the presen,
Bank, with such notifications and for such term as ex
pcrence has shown shall dictate 10 be proper NAV be
the only means which human wisdom devise, 10 avert
10 correct measures far Unconstitutional, more alb
horent in principle from their opinions and more danger
aud bdleuI in their consequences The alternatives but
too likely to be presented TO US, indeed full.
1t may soon appear manifest TO all the world that the
natural death, or the violent destrucgoD OF the existing
Bank, which has been esssyed, is be only the pre-.
Jude to the scheme OF another National Bank con-
sTucted on tie same general principle, with as large
larger capital, and obnoxious the same cons,itu
tonal objections, the present Bank with these only
differences, that the mother Bank will be located in
put under the absolute coBsfO and dominion OF the Pre-
sdeD OF the United States The first nav serve TO con-
cilaIe powerful popular influence the support oil the
schemes the last will give the President far more OF real
substantial power man The whole patronage Of the Gov
erDme0 vested IN his hands (Which has given him
power enough and tco much already can be made
bic Of exortng power TO dispense the wealth Of The
naiOn-a power in their private aHsirs-a now
tempt consirga them INFO passive submission 10
the Executive wilt aware, tbst the present Chief
Magistrate i may credit the repers Of the Committee
that have waited on him the subject OF the depoes
the truth Of which cannot doubO has said that he will
consent renewal OF the charter OF the present
Bank or 10 the incorporation a another BaDk but theD
II understand the meaning o his wor9s, he has only
solved give his either OF these
until his experiment. OF making tie State Banks serve the
purposes Of the fiscal agency which the Bank OF The u
State has performed, shall have iaed aud spprehend
he may say, with perfect truth at any moment indeed al
the present moment, that the experiment has iailed
hope there within the power Of Congress
to ascertain the state Of the Treasury for my part
am expecting the disclosure with the utmost anxiety
Then, sir, cannot help remembering that the President
10 his veto message, told Congress aud the Nation hat II
he had been consulted he could have given such plan Of
aNationafBahk, as he would have approved Il speak from