Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-08-17
this evidence should settle ,h

question sed by the Senator from Mississippi, incon
testably. We longer dependent the construc
non, though sufficiently ndIsputabe, that the power
to grant corporations proposed and rejected; and
mat such power necessarily involved that To create
Bank. We here have il established by the testimony
OF members Of the Convention and their coemporaries
Unit motion made specifically "to give Congress
power 10 establish National Bank, and that, alter
explanation and discussion at was eected.'
having such evidence to sustain the fact which had
oeeh conlroverted by the Senator from MISSISSIPPI
should excite no SURPRISE Mr. G. thought, that the OPP
ponens OF Bank had SO often re peated its assertion
ANA he could assure that Senator that it would con-
nue 10 be repeated and reiterated not only here but
throughout the Unlon-not only now, but on all occa-
SONS heeait r until this evidence destroyed, that
The Constitution neither coners nor was intended to
confer, the power 10 create National Bank but, on
the contrary, that the Convention which framed that in
strument repudiaed and rejected the proposition in
every form.
| Mr. HENDERSON said that Mr. Jeffersons note
had led 10 the whole MIR. Jefferson was not in
the Convention, being member of Gen. Washnglons
cabinet at the time.
MIR. CALHOUN said, if there was nothing else TO
repel the assault made by the Senator from Mississippi
their proceedings the extract read by the Senator
from Alabama from MIR. Madisons speech on the Bank
BILL in 1871 would be sufficient. 1T asserts that pro-
position made in the Convention to give Congress
the power 10 grant charters of Incorporation and that
it rejected. The only point, then, is, was it in
tended in the proposed grant OF power, TO comprehend
The right Of charerng Bank? The general term OF
the proposition IS, would suppose, suffice mt TO de-.
eide that; but if not the fact that he stated 1t, in
order 10 show that the Convention, by rejecting the
proposition, intended TO withhold the power OF charter
Bank, is decisive and fully Juses the assertion
in these proceedings that the power to grant the right
of cIiarterng Bank was refused by the Convention.
If confirmation of so clear deduction is wanting, it
would be found in the other authorities adduced by the
Senator from Alabama.
We on this side would have been glad to meet those
the other side of the chamber the broad question
Of the consiuonaty Of Bank; but understand
them declining The dscussion on the ground that II
settled by precedents and the decision OF the Su-
prone Court. We deny that IT has or can be settled
The precedents both wavs and the court declined
the decision Of the question by deciding that It be-
longed TO Congress 10 determine whether an act IS ne
cessary and proper 10 execute any Of the granted pow
ers. But take higher ground, and hold that had Tie
precedents been all one way and The decisIon of The
court directly on the point, they could not override the
Constitution. We hold that to be the paramount au-
thority which controls all others.
Mr. MOREHEA said he would like to see the au-
thorty from which the Senator concluded the PROPOSE
ton ola Bank had been referred to the Convention and
rejected.
Mr. CALHOUN, in answer, read the extracts from
Mr. Madison speech, above referred tn, accompanied
by remarks, going to show that fully sustained the
grounds he had taken.
Mr. MOREHEAD went into some details to show
that the question Of Bank not then tested
MIR. ARCHER would undertake to cay that no such
sentiment that Of repeal would be held by any large
respectable portion Of the people OF his State lie
utterly rcpudiacd such principle himself, and was
confident that il would be rcpudlatcd by the people of
Virginia.
MIR. CALHOUN sad that the Senator mstook the
resolution. 1t affirmed nothing, as 10 the opinion OF
the people Of Virginia The subject Of repeal III
simply asserted that the Bank unconstitutional,
mischevous and deadly hostile to liberty and that
regarding il as SUCH not only the right but the
duty of Congress to repeal the charter, when there
should be majority against it, lie (alr ~ concur
red in the opinion, although his regard Tor contracts
was equal to the Senator'S, any other member Of the
body But according to his opinion, the highest and
most sacred Of all contracts was that OF The tonsttu-
tion which formed the Unlon and from winch the uo'
vernmcnt itself derived its existence All contracts or
charters i'll violation of 1t were null ana voiu. onch
he believed to be that of the proposed Bank and so
believing, he regarded its repeal, not violation but
the UNFOLDING, the most solemn and binding OF Gil con-
tracts-the Constitution.
In asserting that this high remedy was applicable
to this case he did not wish to be understood that
was his opinion it ought 10 be applied 10 all questions
of doubtful consltutonaty for instance 10 these asI-
tated for the first time, passed without due notce
on the part OF the minority, of their intention to re.
peal. High considerations of expectancy woulo ioroo
resort to such remedy under such circumstances
but that was not this case This IL not new ques-
ton 1t has been agitated for half century between
the two parties which divide the country, and is the
most prominent of all the questions IN that system
of measures on which they have been divided just
at the moment when that system OF winch IL IS me
head had been overthrow, the party friendly TO me
system gained an accidental and temporary victory, py
causes not unnecessary explain at this time Dreadn
reaction, they called at this unsuitable season an es
traordnary session, before many oi the states aa eec
ed members for the present Congress, ana WINE Two
are still unrepesented in the other HOUSE. tnu o
Int half represented in this, in order TO restore IN
s;ngIe session. a system of measures which lad cost
half century of continued and strenuous efforts on
the part oc their opponents to overthrow 10 accom-"
psh their objects, the most despoc rules nave oeeh
adopted, and gag put on The liberty OF Gepa'e -
order 10 secure and give permanency TO Their victory
everv effort has been directed to force through BANK,
chartered for twenty years believing, and justly oe
y;n that if one could he adopted and continued Tor
so lonr a neriod it would carry IN ITS tram lot Tue
same time the whole system OF wh'cn Is .ne
debts tariffs taxes distribution, and wastetul expen
dtures Thus thinking, it was determined 10 forcs
the bill through at all events. 1t was found IL conu
No, n,ss in the form it was introduced thing called
n compromise patched up 10 reconciie d'n.
orcos that were in their nature rreconcilaDie %
,,ous wos lis character, that two members OF
iha marty could not vote for II under the h'gH's'
nroseure but who were induced to absent mem
selves. in order that minority might pass y. ES1'
then the thing called compromise was auop'eu a,a
;,Ie voie and the bill ordered 10 be engrosseo |
-, ,he anne Had the two absenting Senators attend
eJ Il would have been lost or had tennessee oes VI
" represented, would have shared the same H.,
/, s, then, clearly minority o',i p1sse smaop ,ha,
Se question: S' n Of the Bank issue at the lat late
Presidential election when is notorious Ina, IN Nn ma
49, r the States and among others, Virginia, Noi'h
~ " and Alabama it was not only explicitly de-
oes Sp h 1p party that constituted part Of the is
suc but positively asserted that Gen. Harrison and MIR
TYLER were both opposed to one
Such are the circumstances under which the bull has
,ossed this body, and those who have thus forced
t through know that we regard the bank as nn
Constitutional and fatal reedoln-hope TO frgnten
ne AGAINST the discharge of duty to the Consttu
tom and the country, by raising cry against repeal
and talking about the sacredness OF charters. iney
wnuId nush their doctrines far, as TO place every
contract or charter however unconstitutional wh'ch
an Administration party for The time might choose 10
make or grant, above the Constitution that u.s. IN .er
newborn zeal TO preserve contracts would Destroy as
he had said, the most binding and sacred OF all con
tracts the If their Of oereeoa Bank pH
h.,a n regulate and control the currency ana ous
ness of the country for ever, and Thus by single