Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1841-09-18


pectively and unequvocally, affirmed the exis
tence Of power in Congress to establish Ma.
tional Bank to operate per Sc. We behold. then,
the concurrent opinion OF five different Congress
es on one side. And what Congress is there on
the opposite side! The Congress of 1911? |
was member Of the Senate in that year, when
it decided, by the casting vote of the Vice Pres.
dent against the renewal OF the charter OF the old
Bank Of the United States. And now here, in
my place, add to the testimony already before the
public, by declaring that it is within my certain
knowledge, that that decision Of the Senate did
not proceed from disbelief OF majority Of the
Senate in the power Of Congress to establish a
National Bank, but from combined considera.
tons Of expedency and constitutonality. A ma
jOrity of the Senate, on the contrary, as know,
entertained no doubt as to the power Of Congress.
Thus the account, as to Congresses stands five
for and not one, or, at most, not more than one,
against the power.
Let us now look into the state Of authority de.
rvable from the opinions OF Presidents Of the
United States. President Washington believed
in the power Of Congress, and approved bank
bill. President Jefferson approved acts to extend
branches into other parts Of the United States,
ard to punish counterleters Of the notes Of the
bank-acts which were devoid OF all Justification
whatever upon the assumption Of the uuconsttu.
tonality Of the bank. For how could branches
be extended or punishment be lawfully inflicted
upon the counterfeiters Of the paper Of corpora
ton which came into existence without any au.
thory, and in violation OF the Constitution OF the
land! James Madison, notwithstanding those
early scruples which he had entertained, and
which he probably still cherished, sanctioned and
signed bill to charter the late bank OF the Uni.
ted States. 1t is perfectly we'll known that Mr..
Monroe never did entertain any scruples or doubts
in regard to the power Of Congress. Here, then,
are four Presidents Of the United States who have
directly or collaterally borne official testimony
to the existence Of the bank power in Congress.
And what President is there that ever bore une-
quvocally opposite testimony-that disapproved
a bank charter in the sense intended by President
Tyler? Gen. Jackson, although he did apply the
veto power to the bill for recharterng the late
Bank Of the United States in 1882, it is within
the perfect recollection Of US all that he not only
testified to the utility Of Bank Of the United
States, but declared that if he had been applied
to by Congress, he could have furnished the plan
| OF such bank.
Thus, Mr.. President, we perceive that, in
reviewing the action of the Legislative and
|
there is vast preponderance of the weight
of authority maintaining the existence of
| the power in Congress. But President Ty-
Ter has. presume unintentionally, wholly
omitted to notice the jud gment and decis-
ions of the third coordinate department of
the Government upon this controverted
question-that department, whose interpre-
tations Of the Constitution, within its prop
err jurisdiction and sphere of action, are
binding upon all, and which, therefore, may
be considered, as exercising controlling
power over both of the other departments.
The Supreme Court of the United States,
with its late Chief Justice, the illustrious
Marshall, at its head, unanimously decided
that Congress possessed this bank power;
and this adj Indication was sustained and re-
affirmed whenever afterwards the question
arose before the court.
After recounting the occasions, during
his public career on which he had express
ed an opinion against the power of Con-
gress to charter Bank of the United States,
the President proceeds to say: "Entertain-
ing the opinions alluded to, and having Ia
ken the oath, the Senate and the country
will see that | could not give my sanction
to a measure of the character described
without surrendering all claim to the res
pect of honorable men-all confidence on
the part of the people-all self respectful
regard for moral and religious obligations;
without an observance of which no Gov
eminent can be prosperous, and no people
can be happy. 1t would be to commit a
crime which | would not wilfully commit
to gain any earthly reward, and which
would justly subject me to the ridicule and
scorn of all virtuous men,
Mr.. President, | must think, and hope |
may be allowed to say. with profound de-
ference to the Chief Magistrate, that it ap,
pears to me he has viewed with too lively
sensiblity the personal consequences to
himself of his approval of the bill; and that
surrendering himself to a vivid imagination
he has depicted them in much too glowing
, and exaggerated colors and that it woulc
have been most happy if he had looked more
to the deplorable consequences Of veto
upon the hopes, the interests, and the hap
e piness of his country. Does it follow tina
S a magistrate who yields his private judg
ment to the concurring authority of hume
. rous decisions, repeatedly and delberatel,
pronounced, after the lapse of long inter
= walls, by all the departments of Government
and by all parties, incurs the dreadful pen
" alties described by the President! Can an,
: : man be disgraced and dishonored wh'
" yields his private opinion to the judgmen
of the nation! In this case, the country, {
y mean majority0 Congress, and, accordin;
IN common fame an unanimous Coh;rat