Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-09-14
TwENrY-sEvENTH coNCREss.-lst Session.
SPEECH OF MIR. GILMER OF VlNclslA,

SPEECll MR.. GlLMER VIRGINIA,
on TIE FISCAL CORPORATION BILL.
Detrered IN The House IF Representatives, -4ngust 23
Mr. Chairman: slali not continue this debate in
an acrimonious spirit nor advert TO any Of the mere
personal illusions which have been made. wish, Sir,
10 c.. the attention Of the committee and the country
10 considerations of infinitely graver moment-consi
which appear to me, the present posture OF
10 demand the attention ofevery rejecting man
10 not intend, Sir, to discuss the general subject Of
oahhhg IL IS loo comprehensive TO Justify such an
a'einp III the bref space allotted debate here. In
lhs country, where the currency is 4 constant sub
Ject OF experiment with each of the States and with
lhs Government also, the details are numerous
and complex to be more than glanced at in their
rlous bearings on our social and political relations
Ii | had more time, should not be disclosed now TO
discuss subject which, for many years has been
50 fully and ably considered, that The opinions OF
men, for the most part have been made up with regard
10 H. aud they will not hi changed except by facts and
experience. Nor shall | attempt TO discuss the con.
stitulional question. That, TOO, has heen subject of
debate or less since the foundation OF the Go
vernneni; and am not aware that any new light has
been shed IT, unless it shall be thought that one Of
my colleagues (Nlr Botis) has discovered the long
sought Philosophers stone; that the labors Of The achy
INST may now cease since that gentleman informs US
that under Tie power money, you may convert
leather pruhca into gold or silver. Under this in
cIdenta power, We may, ! suppose, coin any thing,
the lava Of the BRAN, and It will pass current too.
strange and startling doctrine of political estoppel
has been advanced on tins floor, and, believe for the
first time. II is that neither Congress nor the Pr
dent have any right TO think, q believe quote accu.
ratey) when the Supreme Court has decided that all
the other iunctonarles Of Government must not only
bow with Difference, but conform their actions and
their opinions constitutional organs and coordinate
departments the spirit Of passive obedencr, and with
the silence of an nntomaton, 10 the imperial man.
dates Of that HIGH politlco judicial tribunal This doc
trine, Ike many we have heard here is pregnant with
the fate Of Republican Government ii deserves TO
be secuted at thr threshold. l.woud, indeed, clrcam
scribe our scheme Of Government within the narrow
rst bounds of a for 'nsic despotsm. The will OF seven
teen millions oi people would not only he eXpounded
and interpreted when ambguous!v expressed, bnt iet
tered and stitcd forever by the bubbles OF lawyers
and the cobwebs Of technical refinement. The char
acler Of your free institutions may depend on bill IN
chancery, and questions Of empire be settled
r!y as an action Of debt. The Legislative and E1ecn-
tive departments to be responsible, aud separate,
and think ng branches and have only 10 register aud
enforce the ciicis of the judiciary. Such doctrine
suhvers the frame and illustrates the great purposes Of
Government. 1T conrrs power On tie Judges not
only consrue The law az il IS written, and to decide
rights vested unGcr II, but 10 prescribe what laws
nav be debated here or vetoed hy the President Sir,
! Go not wish 10 teract any thing from te Just value
or respect Of the Judiciary. As branch VI The Co
vernment, il is invaluable ard Indispensable within It's
sphere, but that sphere IS not poca and, like the
other branches, becomes dangerous %hcn II anscends
its orbit and dls,urhs the equilibrium OF the system
The power 10 adjudrate-to think Tor the President
when he Is called to discharge the duty, under the
Constitution approving Or disappearing our measures
has never been CLAIMED Tor Tie Judiciary, except By
those who, hope, were impeiisd 10 only by The heat
of debate would ask the advocates Of THIS ertrnor
binary power whether they who maintain the autho-
ri,y here 10 create National Bank would acquiesce,
Of have Il President II acGniesce, Whatever hs own
convictions nigh, he If the Supreme Court should de-
eide agnns, the constitu;inaa!iiy Of a Bank;
We have heard II asserted that this question as to the
power Of Congress 70 incorporate 'at'onal BANK has
been settled hv The opinions Of and the former ac-
ton Of the Government itself This is the doctrine Of
esoppel by precedcn-and Tor what Sir, may not
precedent BIZ found in this or in any other Govern
men; 1t is strange that question involving the pow
crs of the Government under Constitution can be
settled in any other way Than By the Constitution It,
self 4 majority can enact a bull, bnl majority can
never change the Constitution. 4 President may ap-
prove the act Of majority, bat the concurrent acon
If all the departments the Government cannot amend
the Constitution, from which alone all their powers
are derived We are here 10 act and to think Of II
be not contempt Of court in Representative TO think
nj alb on our own responsibility under the solemn
sanction of our oaths Shall be told then, Sir that
our udgmets are cxoneraed, that obligations are
cancelled, because predecessors, under different
state OF instances, thought or acted III particn-
lar manner: The motto Of james Madison, whose au-
hnry has been so often appealed to- is the best anrwer
has been done without authority, in Government OF
prescribed powers, therefore it may be done again
Feritas non rerJa nla2str We should seek truth for
it's own sake and not follow its shadow, il may be re-
nected from the of others.
will not discuss the question Of political casuistry,
Mr. Chairman, which has been adyered to III rather
iesuiica spirit THIS floor-how far man invested
with the Chief Magstracy, any other high political
trust is hound to act out the character by when lie
was previously known to his countrymen which gained
for him their confidence, and which was distinctly as
crbrd TO him by his friends and his party S ms IS
question Of good faith, affecting national and nd'vl-
dual character, involving Obligations of fidelity in
All our social relations. will only say, with regard
IN IT, that when the convictions Of public men, Their
principles and their characters to change Ike the
hues OF the chameleon with the places they may occu
n.y. or with Inc caprice Of parties the days OF te i.ep"o
Inc will be- numbered and President like King, VIII
need a chancellor to keep his conscience Inc veto
power like very other conferred by the Constitution
while il NAV be abused nevertheless, orsIgneo iol
great and sautary purposes 1t IS TO De EXERCISED IKE
MI other powers, under due sense oil responsibility,
with caution VET on all proper occasions, With ifm-
noss One of the newspapers nf The city has asked
how far six PERSONS endowed by the Creator with The
HIGHEST intellectual powers, can be expected 10 regulate
all their thoughts by those OF any other mino w''n
which they happen 10 be brought IN contact anu
The old question as 10 the unity Of cabinets has arisen
from some real or supposed want OF harmony among
,ha official advisers Of tie President as to certain fun
dampntal principles of Administration In The present
instance appchrnd, ii not 50 much question now
much harmony will be required nut no" Ehc u'scofo
can he tolerated. where confidence and cooperation are
essential 10 The public interests CABINET should nci
iher BIZ a unit vulgar iractioh-
Tho question presented 10 US by the various bulls IN
,o,oiipy Bank under name or another, belongs
n ,ba, class Of incidental powers which always oa
I'D ,lwavs will divide political parties TO greater or
loss extent in this country. The mode OF consrung
the Constitution which creates government ~ OF the
essence of government ITSELF and furnishes the only
,n. los, Of parties Ii determines what the Govern
men, is, whether, according to its original design. It Is
simple but efficient means of general justice "na pro-
lection to all, possessing and exercising only those
pnwers delegated to it, or whether is to be an engine
Of unlimited power, TO be welded for good or Tor evil
according tie caprice the passions OF those VINO
NAV administer it, In the Convention which framed
this Government, there many disposed TO confer
on ii powers for which no preext IS 70 be iound :"
N. Constitutions and since lis organzaiion It has
heen the object of certain parties, assuming different
names a. different times, to increase ana extend 'e
,owers enumerated the Constitution by construction
THE circumstances in which the country was ionhu "