, 1841-08-28
CONSTITUTIONALITY OF A BANK.

TIE Federalists in end out Of Congress
appear to consider this question as no longer
open for argument OF discussion; and that it
hss been settled by frequent adiudications
Of the highest Judicial Tribunal, known 10
our Laws They affect to believe that the
decisions of the Supreg,e Court, are para.
mount to the constitution, and that each Of
the other departments Of the Government
must govern its action by the decisions Of
that Court, when once its opinion is Judicial.
ly expressed. We do not so understand it.
We admit that in its department the decisions
of the Supreme Court are paramount, and
that on inferior tribunal should shape its &C.
lion, and be governed in its decisions by
those Of the Supreme Court. But each oil
the departments, Of the Government, the
Legislative, Executive and Judicial, are CO.
ordinate, and in its particular Jurisdiction
each is Supreme and paramount. Blu, neither
can control the other, and the Legislative
department has by the constitution, rs much
authority over the Court, as the Court has
over the Legislature. This doctrine that
we are to be cut off from discussing a cen.
stitutional question because the Supreme
Court has decided it 10 particular way is
n Of the most dangerous, that can possibly
be imagined. 1t in effect takes the decision
Of such questions from the only proper tri-
bunal-,he people, and substitutes the oPin.
ions Of half q dozen judges, 10 place Of the
Constitution. The Supreme Court decided
the Alien and Sedition Law costiiutional.
According 10 these men Of precedents, if Mr..
Clay should order this odious act 10 be re.
vived it must be done, notwithstanding the
people have decided the other way. A more
fatal doctrine 10 the progress Of Liberty, has
yet to be broached. 1t makes precedent
every thing, and the Constitution and will Of
the people nothing.
But to orr minds it seems very question:.
BILE. whether the Court ever would have
made such a decision. with the light before
them that we now enjoy. At that time very
little was known concerning the opinions OF
the Convention, that framed the Cons,itu-
ton. Whatever were the vie ws Of those who
participated in its formation, would he enti-
tied to great weight, and If the Court had
known the fact, that the Madison Papers
disclose, it is hardly to be presumed tina,
they would have decided right in the teeth Of
Of the plain meaning and intent Of the fra.
mers of the Constitution.
In a speech Of Mr.. Clay Of Alabama. we
find the evidence of what were the opinions
Of the Convention collected and we beg the
readers attention to il. The debate that
follows grew out OF the presentation Of a
petition Of thecitizens of Cumberland Coun-
~ Va, on the subject Of a Bank:
Mr.. HENDERSON rose to notice one ex.
preston in this petition, which he Lad also
noticed in several others, which no Senator
had undertook to sustain by his ar eument--
It had become a hackneyed phrase in these
petitions-viz: the unconstifutionality of a
National Bank; and that the question of its
constitutionality was raised in the conven-
ton that framed the constitution. This as.
sertion he, denied, and should be ready TO
defend his position when the subject should
be discussed.
Nj. CLAY OF Alabama said he could NOT
consent 20 let the remarks which had jus,
fallen from the senator from Mississippi Mr..
HExDra.oSl PISS without notice and unc"n'
trover,ed. He slid he had with no little
surprise. heard that Senator deny that the
proposition had been made in the convention
which framed the Constitution. TO give Con
gress the power 10 create a National Bank
The Senator from Mississippi alleged thai
though it had been often asserted t'tst suct
a proposition had been made in the cGnven
ton and rcjecteded, no one had attempted
here to sustain the TACT by proof; and he in
sisted that the assertion must be unfounded.
Now he (Mr. c. had heard this declaration
with come establishment for, on a former oc.
c~asion, he had, himself, adverted to the sub
ject, and had adduced what he considered
very satisfactory evidence in support of the
proposition.
Here Mr.. HENpERsoN remarked that he
intended 10 be understood as snying. that nc
attemnt IN ~sustain the ~nosition had beer