The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1841-09-16

/ Mr.. Madison says the obligatory force 0!
precedenls in interpreting the Constitution
aepeads, among other things, "on the
prospect which there may be OF change d
construction by the public or It's agent. -
The cousiilUtionalliy oil bank had, at the
time Of Mr.. Madisons action upon il, been
annually recognised, as he says, 70! twenty
years successigely the whole nation had
acqulesced 10 Il aud there was 10 prospect
of any change Of opinion. yield to no cue
( 10 profound respect for The principles and
! character OF air. Madison, aud have ever
been disposed to make every allowance for
the course ho felt il his duty to pursue
Let me read a sentence or two from his let
tor to Mr.. lngersoI:
"1ho act establishing a Bank of the United
States" says be, q had been carried into execu.
ton, throughout period Of twenty years, with
annual legislative recogntions-in oAo instance,
indeed, with positive rauidcstion Of it into a
new state, with the enira acgulescencc Of all the
/ local authorities, as VOL as he nation at large
10 all Of which may b. added decreasing pros.
poet Of any change ia the public opinion adverse
10 The constitntionali'y Of such an institution"
Now Will any man pretend 10 asser, that
tic same circumstances exist now Has
there been an annual recognition OF the con
siituironalIly Of the bank for tie last twenty
years Do the local authorities every
where acquiesce iuitl Aud is The opinion
10 favor OF the cous,iu,iouahty Of Nation.
! al Bank so universal md so confirmed that
there is no prospect Of any respectable body
OF public opinion beng atfayed aaaias, Il
No. Tx reverse Of all this Is true. Hat
the ualiou are arrayeG against both lis
causlitulioualtiv and lis expedicncy; the
local authorities Ia the several quarters are
10 open arms Of remonsitauce and threat.
ened resistance againyj il. So far from be-.
'ns no prospect Of any change By the Pub
lie or us agents IN the construction which
affirmed the consiiuiIonalily Of National
Bank, tina, CONSTRUCTION has already, 10 a
great extent, been reversed. These are
the circumstances under which President
Tyler has 10 decide on his course Of action
circumstances, IN every feature, striking
ly coDirasied w.ih the circumstances Of
Mr.. Madisou's time. Therefore, say that
#, 10 his inaugural, he had IL view tie CT.
ample Of Mr.. Madison, referred to by the
Senator from Kentucky, ii formed 90 rule
by which he was bound to surrender his 50
emn conviction us 10 the uuconsh,uuonali.
" 81 the bank.
Bu, the Seoa;or from Kentucky has told
% thu, Mr.. Jefferson, 10 various ways, re.
coEnised tho cnastit1uonatv of National
Bauk and, 10 illuslratian Of this position,
he tells us an ancrdote, passage Of secret
history, | know not on what authority,
which mus, say is but little 10 consoaance
wHb Mr.. JelIersons ile and opinions. Il,
represents him, wuo never shrauk from any
responsibility, as ~.lAag to siink back under
the fraudulent and iguominIous shelter held
cut By perYersi0n Of the Ten days provIs
,on, to screen himself from the duty of as
setijng those glorious principles winch had
been tic ornament Of a long life, Uut.i
the positive testimony Of a responsible and
unlwpeacAable witness 10 the fact isScif
shall be produced, never can yield my be.
liefto his being willing TO stand BY as
Constitution. here was the occasion
Tor tis doing So lie was to 90 cut Of Of
ace ~ the month Of March, 1900, aud the
bark charter would not expire I'LL 1871 !;
and the record viii show thar, after that
time, he renewed repeatedly. aud IN the
most solemn form, the expression Of his
hostility to such an institution. DO not
mean 10 cast the sllghies, imputa,iun on the
statement Of the honorable Senator himself,
SO far as any knowledge OF his own is con.
cerned ; but an anecdoie Of such charac.
ter, coming to him al second or third hand,
md coniradictcd BY the whole public life
Of Mr.. Jefferson, be viii pardon me for
saying, does appear to my mind 70 DO eu!.
gently apocryphal BuS the Senator per.
mltted himself to refer TO two public Official
acts Of Mr.. Jefferson, after his own retutal,
many years ago, Of the argument dcdJced
from them mean his signing bill to es
ia5hsh a braueh Of the bank at New Or.
leans, aud a bill TO punish the counterfeit.
iur of the bills of the bank. Can do bet.
ter, IN reply to this argument, than quote
to the Senator his own lunguage | know,
indeed, his reluctance 10 have tha, speech
referred to. hr. Clay. Not ut all not at
all | remember the signal vengeance
with which one Of the Senators was visited
who venturcd 10 quote it, and therefore
felt some deIicaey in referring to /! myself
L. the able and eloquent speech made
by the honorable Senator against the con
siituuonaity OF National Bank, in ISL
he used the following language;
Gentlemen contend that tho construction
which they give TO the Constitution has been &C.
quesced in by all parties and under all Admins
tratons and they rely particularly on an act
which PASSED in 1901 for extending branch to
New Orleans, and another act Of ISa7 for pun
ishing those who should forge or utter forged
paper Of the bank. With regard to the first law,
passed no doubt upon the Recommendation OF the
Treasury Department, would remark that it
was the extension Of branch to Territory
over which Congress possesses power OF iegis-
ation almost uncontrolled, and whore, without
any constitutional mpediment, characters Of in
corporation may be granted
There is the answcr-the triumphant,