Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-07-30

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upon them aud their children such M "dIous YNtu-
ton. No, SIR, death is not mare inevitable, than thai
the sudden and premature adoption OF THIS bill Con
gress will be TIE of nnumerab!e evils 10 The
country. We shall witness new agitat'ons Of punlc
opinion, and new Bank war, compared with which
Our history has yet presented no parallel. enreGi
you, gentlemen, to pause Wait at least for the fall
riec'inns-wait for the expression OF pubic opinion
and u 1t should demand a Bank, Why let Ddnk be
eslaoshrd IL may then hope 10 exist III peace Bni
II II should now be forced upon Us, ii viii ave hrn To
snch political convn!sinns III the country Us we have
never vel witnessed Bank established, III obedience
to the pubic Will, clearly expressed may become
good investment Tor lis stockholders; but tins political
Bank, should II be now established, will l,nger out u
sicky existence and 1t length fall beneath the strong
Of public opinion
Now, Sir, whatever may BE- said in regard TO the pro-
pretty OF repeating the chlr,cr-aEd Tor should
never adopt this measure unless driven 10 il in de-
fence Of he people against the asty and violent
due; Of The friends Of Bank presume there can be
Int te doubt the power, even ii Congress- ike the
States had been expressly prohibited BY The Constltu
tlon from passing any law impair ng the oher,ion Of
contracts. In the celebrated case ri Dartmouth Coz
lcyc the late Chief Justice Marshall, III delivering the
opinion of the Court plainly and broadly draws the
line dlStnciion between public and private corpora
tons. Whilst those Of a public character may be re-
pcacd, those Of private nature are invina5e. Hear
his own words "if The Gct 81 incorporation (o Dart
m0nh Coisgr) bca graH cf pofiheai porer; y Il RE
ate Girl institution 10 be emP!0gcd IN c 0dmtnistra-
tan nj c G0rtrnmcnt: II Tie funds CT The College
be public property Or if the State If New Hampshire
as Government bc alone interested IN lis transac-
tons the subject which the Legislature Of line
State may act according 10 us own Judgment, unre-
s'raincd hy any limitation OF lis power imposed By Tie
Constitution ii The L. >.
Bn, !, required no judicial decision 10 teach free
man this doctrine II could BIZ imagined for .
single moment, that the Constitution OF the I ; III.
tended Ia enable Congress Stale Legislature 10
transfer forever either 10 corporations or 10 individuals
these great and general powers If Government with
which they have been entrusted by the people. u
conurcss can drprve itself by coHtar; al any Of
these powers it may dispose Of them all aad that ire
vocaby; and the National Legislature might thus de-
slroy ITSELF and transfer all IL most impofant functions
10 corpora,ons Such idea cannot be tolerated Tor
moment
The only question, then, would BE-, Is tins fiscal agent
in the anua ge u the late Chez justice, "a civil IN
s,,uion, 10 he employed IN the administration Of the
Government" who can doub; IL. Its friends arow
that IL Is an institution necessary TOR lr collection
safe keeping transfer and disbursement o the pubic
money! and that il alone furnish sound ana uni-
form currency aud regulate The luregn and domestic
exchanges of the country. Nay, more; its advocates
admit that this corporation IS constitutional, only ne
cause i, can these great and important imam.
cal powers 1t Government. IL Will be as inuch
branch Of the Treasury Department ever tie lnde-
pendent Treasury was; and like H. and oil other acts
of Congress winch relate 10 the great public interests I"
The country will be liable 10 repeal. II the Govern
ment should think proper 81 call IN The aid Of private
individuals 10 establish Tins pubic fiscal corporation,
;brr private interest meyer para! y Tie arm "l
Congress prevent II iicn cseTcsiEE iis high leIsa-
tive discretion in repeating this aw and substitutn.
any other fiscal agent which might, in It's opinion, con
duce more 10 the interest of the country
speak safely d! linz question q power under Jnd'-
cia decisions: and merely glance at the subject Tor
the present In The vert repeal the private stock
holders such Bank may have al equitable clam Tor
indemnify IN Congress but nothing more. IL IS Wh"i'
Is un! r III" oia State bank charter granted 10 IN
dlvduals winch has been declared BY the judiciary 10
be private corporations
Yes. ST. "rrpeal" "rcpcal, will be the cry every
where should the bill pass; and the struggle VIII
never cease until the law shall be exPunged from
your statute hook, until the power Of money shall
have suhdu'c the free and manly sp;r Of the Ameri-
people.
The Committee express decided opinion that The
power Of Congress to establish National Bank sought
to be regarded a settled question: 1T IS settled,
at must be considered as settled. say all the rends
Of the Bank; and their arguments upon this SUBJECT
have heen urged for the purpose Of proving, not that
tins question oaght TO be, but that II settled IN their
iayor Now if It were not unparialncniary language.
and IT did not desire TO treat all my friends on TINS
side If the House with tile respect which feel Tor
for them, would say that the idea Of tins question
having been settled TO bind the consciences Of
members of Congress when voting on the present b!l,
is ridiculous and absurd. Before court oil law, IN
case involving private rights under either Of the OLD
charters, may Le considered as settled: but the pro-
position before Congress Is TO create 4 new Bank,
the two old Banks having lived out the allotted PERIOD
OF Their existence. The question IS now put 10 The
conscience Of each Senator, aud he i asked, 40 yo
possess the power under Tie Constitution IL create
this Bank" III al the indees and all the lawyers 10
Chrisendom had d"clded the Affirmative when NE
question is brought home 10 me a. legislator bound
q rh1
snpnort the Constitution, must exercise my own ludg
,arnt would with profound respect the argu-
m,nis and opinions Of Judges and constitutional Law
yers but IT, after all they failed to convince ne tha
The law was CONSTITUTIONAL should be guilty oil perjury
before high Heaven II | voted in is favor.
respect judicial decisions much rs any Senator
on this floor They put rest forever the controversy
Immediately before the court; and as general rn''
they govern all future OF the same character, but
even these decisions like all other human things, are
modified and changed by the experience OF t''nf anu
The liehts Of know ledge The law IS not now what II
vas tty wears ago. nor what will be fifty years here
after.
But how does the constitutional question stand al
the present moment, even upon the authority OF luoi
cia precedent; Have the Sapremc Court decided mat
any independent power exists IN me CONSTITUTION Su
,b5rzinr Congress 10 establish National Bank: Ao,
Sir no such thing because this would have been IN d.
rect opposition TO the well known vote ni Tie SohVeh
tion Itself refusing Congress the po@ef u granting
charters Of Incorporation There IS 10 inuicai pecc
dent in exs!ence which restrain, ever INTENDED 10
restrain the freedom Of members oi Congress III voting
on the question of Bank. Directly The reverse
Is ile truth The opinion II the Supreme Iohrl ~
Tho case of 81 Cull"ugh against The STATE OF Maryland
decides no such principle On the contrary expressly
refers the question back to Congress upon every ne"
,,,emn, 10 mass new Bank charter. THIS decision IS
founded upon Two clauses OF the Constitution; the one
conferrng On Congress the power Ito lay and coect
taxes dules mposis aud excuses for the purpose oil
the debts and providing for the common defence
and GENERAL welfare oite u s: and the other. ~" make
all laws which shall be necessary and proper Tor carry
mo into executinn the enumer rated powers The nniy
MONT decided u.s. that after Congress have determined
that the establishment OF bank is means necessary
and proper for the collection and disbursement OF lie
pubI,c revenue the Supreme Court will not reJudse
their Justice and declare that II not necessary agent
to accomplish these purposes. They say that II must
bc an extreme case indeed which would induce them
10 declare that the selected by Congress 10 car
~ into effect any express power, was not necessary
and proper 10 accomplish The purpose. They thus
expressly refer the question back to each Senator ana
called to act upon the subject and cast
Inn, IN. responsibility of deciding neither Bank