Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1841-08-12


Rrmrsrnlaase'o TIE People. ~ TO what vas nasl
r necessary nn1 proper to curry thrsr enumerated
rawrrs tutp tnrct. - thought the trainers II the
CONSTITUTION, who. IN l79l, NJ the 6'st Congress
Il That et arr tho adoption Of the Constitution,
lhem'e'ecs passed the first Bank b,l What sad
MN "itsnn On his question Mr.. Il, having
quoitd ihf opinions 81 Mr.. Madison. (Which ek-
/ tact th" ksrauet has not htiofs hmA proceeded
10 ngne thAt ~ety general etrot retvadcd this
cnnntty, That \ propositions hal been submitted 10
tho Convention wlleh framed Tho Constitution. fiv-
IN The ro"ef 10 ten.rcss 10 iarotpofale Naeton-
al Bahk, aud that thu proposition va rtlrctch-~
lir bal hrRtd that opinion expressed BY almost ev
sfN gentleman who had spoken the 81. oste sfde
Of tia quesIIan. such, he asserted VS. MT III
act; ~ the h hr.l anthotfy which could br rlo-
dneed on this rrn,. he would - to the journal Of
The Convention u.Rlf. lie de6rd any gentleman to
Show htm when, whrre. aud Low such u pr .,oatfton
Va submitted. MI Il, read from the ! sutual aud
he ihrn proceeded In show that resolutions lad
heen introduced into that hodv. which proposed ~
eve tho power to ConR,,-' fr,ut e9alicrs a IN
corporation not tin power TO incorporate a Ma
nena Bank, but the rnWcr IN grant chnllrrs OF in
corporation generally universally. Those resolutions
"efr referred 10 "a COMMITTEE. "hch brought N fher
fcrntt. aud mol u wot1 wts sa4l. 50 that tho Con.
ytnaon did MI even rotc ou la question:. Now. he
would ask, whrtn VIA the man IA tils eaunuN aud
n tbs dts, hr hc tedealtsi anludmaan, a. What
lie might, WHO would como forward aud advocate
tefeonsttss pcnrta power Il giant ehatcrs 4 n
lpan to he found.
brrct c.pl,,a,ie rnsscd bctwean Mr.. Jehu
tampbrll and Mr. foas, 81 winch the Reporter
could hru nothing.
Nh -. proceeded. To repeated that no aach
rnpasuon as thli rivinp The pnwti In lnrorpotAIr
q national hunk had bern Introduced mo the I'm
venllou, General Washington, the pfrsidcur lhlt
Censtnrioa who un.l have knoNn II such Il prap8-
sillan hod hern submi0c1 and ,eIected, recognised
thu power aud signed ibc FIST shaitcr.
Nj Il, then went int uu examination of The opn-
IONS of Mr.. Jefferson On the qursliop oil coost1u-
uonaly winch he setuuuzed covelY. and many
tNfttels from which gut heioro the Reporter hr
tend Ia the committee. Nh /. believed th1t, a
the present ds m tin lare Of all lhr hah auihafi-
tea which could be brnuehtto hrnt IN livoI Of the
consituuouAluv ol.Hurh an Institution, NO man
could N hs Coincidence say rbu he was ol ar tha
Congress had pr saeh power. That question
had been decided oref and otfl again By every Gan-
etess before whnm II had been htuughf; II h,d bon
recognized, III soule INN % oiler, by eycty Pios-
dent We had ever hid; aud II had teen expressly
recognized by the supreme Coutt oi tho uated
S ttaos.
Mr. 4. then traced tho history of the Baul of tho
United Stulrs ltom tho expiration OF tho ehar-
ter IN the year lal 10 its te-ehaer 1910; shony
sobscqucn 10 lhls tme, the qneatoo came mp before
the supreme Eouu NJ the United Stura Some
ot his h,ehds denlrd the constitutional noNor OF tho
Supreme Count to decide tbs qpostion. Il Con
gress could hot dccldo Il, Nllo must do tol On
looking lnln the Constitution, he found u provided
''that the Judicial power shan extend Ia all cases an
lar anil tgHItg dtINtng RnGcr ms Constitution, fbe
idteI ~ Tho fpii,G Sfatos." DC Was there any
man here 40 bold rs To say that thsw WIS a question
MOI atistr under lhn constitution and tie LAWS ot
tho United Statca! Aud f II did arse under TIN
Coesuu'lon and mws, "nud my man say that tho
power was not cNpIcssl, gwen 10 the supreme Coun
10 decide such an s,oe! lie natuta ned not on.
" HAT the POWER was vested N the Supremp
Ceult, but that th4t WAS the only proper Tribunal
10 winch tins question could be raeucd, What
was the objection 10 ~ Tho Count was aud
to be 'hc creature oil the federal Government. MI
b. referred u the mauner 10 which thu Count VIVA
onslltuted 10 show the weakness OF tins Argument
and illustrated al sone eugrh h'a views to tho
Iatsd cuonal power Of the Sureme Couil over
,lls ease.
Tn gentleman from Pennsylvania Mr.. Ser.
Peaet) had taken the ground ttat the President Of
the Enued STATES Wa II liberty 10 cNefclso hs =
cielan on tins subject MIR. q. differed from tin,
ophion. II The President bad righ 10 administer
the Constitution as he understood II, WIS not every
officer NJ liberty tn administer II in tho samo way7
Mr.. SERGEAN / asked leave To- explain.
Mr. VOLTS would hs compelled, he sad, TO
deellne to yieid hs Door. lie had much 10 say
aud lilla tune 80 say II IN. Tho gentleman could
c : PLAIN VI nn ho Mr.. i took hs seat
Mr.. SERGEANT WIS understood 10 say; did
not say that the President oil the United 5utes
w1s or MT al hbouy 10 folio" oul his own
views.
Mr.. BOTTS continued He commended that if
the President II the United Stacs could administer
tho Constitution acrotdlrg 10 his understanding,
oyrly Judge and marshal aud custom house officer
could administer not only the Constitution bat The
laws accpflfng 10 his understanding. Ihn late
collector Of rhr port Of Now ! orl had furnished an
IlInstfIous example Of his. Ilo had administered
tue laws according Ia AIs understanding Of them,
a nd he hgd charged tic Government per cent.
upan all money collected. Mr.. 4. illustrated thls
pant OF h,s argument at sose longlh, contendpG
tl,at the supreme Count had been made Tho arbiier
by tho agfecu Of the States themselves in any
qaest' ons arising a, 10 the powers 10 be mutually
exercised, AID rha The States had no right to violate
that agreement lie contcnded ihar the p ,esdenrs
all them. for he spoke nut of the pcs Mt Tx
eculrvo particularly might entertain their own
pfyac opinions hut had 10 right TO talk upon thus
question oil eonsItullonaluy as public agents. The
SANE principle, he commended, applied To the courts
Relgulng 10 the decision gwen IN this case hy
the Supreme Count Mr.. i. asked what stronger
argument could tlcre DC oil the validity of the p0-
lac look hln The fact that every party through
out the country arqultsced III that decision! Nhn
disputed it! Who ataiencd ~ Who attempted
10 nullIfyl Who rel1scdto be bound by the deci
sIoul Nonr. Ivory man arqnlcsced.
Aucr rdrrfiug to The well-kuown opinions OF
General trksnn hiuselt and the causes which ore
Iated on hlm mnrnclng hostlliy against the
4 nix OF the United S1aits. Nj. Il. passed from The
constitutional argument 10 the question Of eSped-
eHry.
l. was enough. he said FOR rs, TO say that the
People had dc, Ided on lhls question. Genilcmta
might talk ob nj the issues which the last Ptesl
an l,duc ce on the result; but ii cannot be denied
tIi,f ptpat al aisbfbinp question