The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1840-11-12
From the National Iateliieencer.
PRESIDENT VAN BuREN's DEVOTION
TO STATE FIGHTS.

1, has been remarked OF General jackson
tina, he never proiessed a particular respect
for any political principle, in theory, vbich
he did not afterwards violate 10 Practice
Ii the same cannot be said of bis Successor,
i. is perhaps bccause MIR. Ven Buren, has,
with characteristic caution, much more sci
dom placed an unqualified opinion upon TO.
cord. OF the few, however, which can be
traced 10 him, there is one that involves him
/ in a contradiction which would do hsnor 10
the hap hazard Judgments Of his alusirious
and less calculating Predecessor. We re-
fer to Mr.. Van Buren's opinion, delivered
10 the Senate of the United States 10 1927,
den, - the conslitu,lonaliiy of applying
Federal statute OF bankruptcy to State in
corpora,ed institutions, and the opposite and
conflicting recommendation contained IN bis
message to Congress on the Alb OF Septem.
Der, 1887. To proven, mistake or cavlI,
We will state the two opinions TO which He
refer, in hls own exact words, which We
quote from the record.
During the session of 1867 there wes
a bankrupt bill before the Senate; and a
motion having been made BY M. Branch
TO include State Banks IN The provisions OF
the bill, Mr.. Van Buren, opposed The amend.
ment IN speech from which we exlrac, the
following passage:
Mr.. Van Buren, said il could not be denied
that the clause inter!ered with the regulations
which State Governments might have adopted
for the government of their State institutions,
which was an 0dIous exercise Of POtoSr no. grant
ed bg the Constitution. The anne d iInent has
this extent it directs the States as TO the man.
ner in which they shall exercise then sovereignty
in this particular, and points out what penalty
shall be inflicted in case the charters granted by
the States violated. In fact, 1t points out
what the privileges granted to the interpretations
shall be, by debating the forfeiture and directing
what the companies may and NAV not do. All
tins has hitherto been done BY tht States. They
have assumed the direction OF these matters as a
right, which they doubtless nave. And ia Inelud.
ing this subject Of corporations in the bill now
before the Senate, il will be taken entirely from
the States, and subjected to the power Of the bank
rupt system. This HereF done, and sercr AZ.
tempted, IN any country on The face Of the globe.
In England such provision was never dreamed
of, did he believe that, when the Constitution
YVES framed such an attribute was ina gined BY
those who authorized the establishment Of bank.
rupt law
Very sell to apply Federal Bankrupt
Law 10 Stale institutions was an odIous
exercise of power, not granted BY the Con
,liiutiou." Such vas Senator Van Buren's
judgment in 1927. Now lie, US look at The
opinion Of President Van Buren, 10 1881
an opinion clothed with the soIemnity of an
official communication to Congress.
From his message transmitted TO Con.
gress on the Ith Of September, 1897, q, the
extra session called for Inc especial pur
pose OF devIslug some measure OF relief for
the pubic distress, We quote as follows
at is our duty to provide all the remedies
against deprecated paper currency which the
\ Constitution enables us to afford, The Treasury
4 Department, on several former occasions, has
suggested the propriety and importance of q ami
fo5H iasc concerning bankruptcies If eorporafi0Hs
and other bankers. Through the instrunentali-
" Of sacn a law, salutary check msy doubtless
be imposed on the issues Of paper money and an
eifectual remedy given TO the citizen in way at
once equal IN all parts Of tie Union, and fully
authorised By The Coashtution,"
Here is n doctrine SO repugnaui is all
previously received notions Of State rights
aud Stale authority, that 40 should have as
signed 10 the President the exclusive claim
TO It, as the original inventor, had be not
referred TO the Treasury Department as
having on several former occasions suz.
gesied The notable idea bu, here or when
/ If the distinguished Secretary Of tba, De.
| parlment can himself tell, he IS be only mao
alive that can. As, however, the Presi.
dent yields 10 the Treasury Department, the
I palm Of originality IL The doctrine, We mus,
ourselves concede il 10 that teeming mint
/ Of brilliant concelis.
| But Notwithstanding so llus;rious al au.
ihOrIiy for the anomalous doctrine, our won.
der is how Mr.. Van Buren, came to fall into
the error Of recommending II 10 Congress,
with the knowledge (Which II may be sup
posed he possessed) that be had uttered 10
| public debate IN the Senate house, hu, few
wears before, doctrines diumelrIcaliy oppo
sne I! Dad Il proceed from lapse Of mono
! ry, or vas II haZarded IN the hope that the
contradiction would escape detection p
| Certain It IS tha, either has memory or his
accustomed sagachy failed him; and We
incline 10 link It wss the former for enter
tanning of the Presidents political ethics the
opinion that he concurs with the late Illus
trlous Prince Of BeneyeDto, tina, blunder
IS worse than crime," We presume he
would not have ventured the latter opinion
# be had remembered the FORMER.
Giving hun, then, the full benefit Of this
concession, the alternative CONCLUSION leaves
us 10 marvel at the muiabiIty Of his priuci
pies, and al the facliy with which they
can be moulded aud adapted 10 any imagined
eXigeucy. Nevertheless, the Pubic have
a right TO hold hrm 10 the doctrines which
he last asn"s, as proceeding from his most
maiuFed convictions. and TO try him by II
alone. From thus responsibility he canno,
escape, magician though he be and even
his friend, the Attorney for the Southern
District Of New York, can do nothing to
help hlm out Of II, unless il be to furnish him