Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-08-03
HednesdnyS Prorcediass.


SENATE.
The National Bank charter taken up as the spc-
cial order, and read the third time.
Mr. Benton moved the indefinite postponement, to
await Congress under The new census, which would
bring with il the will of the country II should repre-.
sent.
He objected to the amendment introducing
principles directly against the Constitution eSponnd
ed by the Supreme Court in the Of the late Bank
The Court decided that Congress alone empowered
declare when ii necessary aud proper to esab-
Ish Bank IN the Uni"n. This bill devolvcs the right
in certain cases) the State Legislatures say, whe
her the establishment of Bank is Z" necessary and
propcr This asking the assent Of the States, resigns
the ground indicated BY the Supreme Court, as that
only from which the power to charter National Bank
can be mplicd-ihc authority of Congress Ia decide
as to lis necessity and proprety 10 carry into effect
the expressly granted powers Of the General Govern
ment.
Mr. Benton quoted the following from the decision
of The Supreme Cnar, 10 show tho ground which II
placed the power Of Congress TO charter Bank:
"Ifa certain 10 carry into effect any the pow
ers expressly given by the Constitution to the Govern
ment Of the Unon be appropriate not pro-
hbilcd BY the Constitution, the degree Of lis necessity
is question Of Legislature discretion, not Of judicial
sognlzance.
Mcssrs Dixon AID White opposed in speechc. Of
considerable length, the grounds assumed by Mr. Ben.
ton They insisted that the amendment recognised
fully the power Of Congress to establish The Bank any
where, and only iponed its execution.
Mr.. Woodbury. in favor of the motion of the
member of Missouri. J. Because the bill now stood
no loan can be made in any State of the Union without
further legislation by Congress or the States. The
ney of the people of the IT, S. to be taken and embo-
died in capital which cannot be used but upon
tngency.
2 Because il was intended fiscal agent for the
whole Union; and yet il has not footing in any one
State without future legislation.
8 Because the Bank cannot be consttuonay esta-
bshed ALL unless there be absolute necessity for
it to carry the National Government.
If that necessity now exists, It IS incumbent on
Congress 10 execute lis power and not postpone upon
the suppositcn of necessity that may hereafter
| Nega;ivrd-uyes 81, nays ..
MIR. Henderson stated that lie TO make confes.
son-no speech. He said if he had been in the Sc
nate yesterday he would have voted against the amend
ment then engraed on the BILL with regard TO the as
sent Of the States. lie further said that he absented
himself because he did not wish to vote on the ques-
ton He would now, however, vote for the bill not
wthstanding the amendment but would not detaln the
Senate to assign his reasons.
| The question was then taken on the passage of the
BILL and decided in the aflirmalve-ayes 90, noes %
as follows:
Tas-Scssr Barrow, Bates Bayard Berrien, Choac Clay
Kentucky, Dixon Evans Graham Henderson, Huntington Kerr
Mangum Mck, Miller, Murehead, Phelps, Porter. Prentis,
Preston summons. smith Of Indiana, souhard' Ialmadge
Clay Of Ala, Fulton, King Linn, cioet. Mou'on Nicholson
Pierce Rse Sewer smith of Conn., Sturgeon appan, Walk
/
TIE HOUSE
/ Several petitions were presented to the House
among which presented by Mr.. Adams, from
snndry citizens of Wheeling, Virginia, praying Con
gress 10 buy up all the free negroes, send them
o! the country.
Mr. Adams offered this in obedience 10 the gloriou,
right Of petition; but he did not approve Of the prayer
of the petitioners.
Mr.. Sianly objected to its reception
Mr.. Fillmore now offered resolution to take III,
tariff bill out of committee Friday next at II m.
MIR Mckay moved TO amend the resolution by sub
sttutiug Saturday for FRIDAY, and
MIR. Fillmore moved the previous question befor.
Mr.. Mckay had yielded the floor
Mr.. Wise protested against choking Mr. Mckay of
in this unceremonious manner; but II was 90 Tn
! Speaker uas rght, matter of course.
The vote then taken on saturday" By yeas ant
nays, and stood-yeas 81 nays 10l.
The vote was then taken the resolution as oererd
and s,ond-yeas lib, nays Go
81 the tariff bill Will come out Of committee as otbe
important bills have al tins session. on black Friday
Mr. Marshall Of Kentucky said he had favor To ash
Of the House. He wished TO present petition for
ban krupt bill from Il large portion Of the citizens o
| Louisville, Kentucky; and he intended to vol,
against The bill, and as he should have other oppor
un,y do il, he thought II right 10 say So and to as
! the favor now.
Objections being made,
\ Mr. Marshall SAID he would do now what he had ne We
done before; that IS, bow the knee to mortal man. II
would ask the reporters to notice The fact that he ha
endeavcred 10 present the petition, and it had been oh
| ected to.
Mr.. Mckay moved to 20 into Committee of tn
Whole, and upon taking the question by telles, ther
were-yeas 100, nays 30
So the House went into committee, (Alr. Gushing il
the char.)
Mr.. J Irwin read speech Of grea. length. II
was for raising revenue, but would not raise one b
IN onerous lax upon the poor. Now, on the eve of
reduction of duties he could not consent to his
stltuents as proposed. He had an amendment, whic
he wished 10 offer, which would relieve the diisulie