Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-08-17
TWENTY-sEvENTH coNGREss--lst Session
DEBATE on the Cumbcriand "a, Resoiuttons
IS SENATE OF THE U. STATES.
4unmsi =
.VNHUHY,
The following petitions and memorials were present

Mr. KING from citizens Of Alabama, intending 10
migrate to the Oregon Territory. The memorlaists
desire to 90 by the Ishmus the best route and ask
that gemens may be made by the Government 10
protect them under the laws of the U. b when tney
reach there. Mr.. G.. said many of the memorlaIsts
were personally known TO him, and were men OF worth
He did think that any action could be had on the
memorial at this session, but early al the next session
he would feel it his duty 10 take the matter up.
MIR. LINN was glad to hear the remarks of the Sc
nator from Alabama. There were now upwards OF
thousand American citizens in the Territory of Oregon,
subjected entirely to the laws of the Hudson Bay Com
pany. lie (Mr. h. had lately seen gentleman from
that region who gave him glorious account OF The
settlement lis prosperous and happy condition, &c. The
memorial was laid the table.
Mr., CALHOUN presented the proceedings of
large and respectable portion OF the Democratic c-
zens of Cumberland county, Virginia, held at the court
house of said county, July 90 lo1l at which Colonel
lsbell was appointed charman, and Samuel Hobson
secretary. committee, consisting OF Robert Hen
derson, John W. Wilson. John {. Rage, BENJAMIN
| Allen, John p. Wilson, VIM. B. Crowder and John
CARROT, Esqs, were appointed to draft resolutions
which were unanimously adopted The resolutions as
sert that is the right and duty of the people, when
measures proposed involving the public veal,
| 10 express their sentiments thereon. lhey regard
the incorporation of a National Bank act OF
usurpaton by Congress- unsanconed by the Constl'u-
tion-a proposition TO confer the power having been
twice rejected by the Constitution. That they regard
| a National Bank an institution OF deadly hostility 10
the principles Of our Government, and mischevous 10
the interests of cur country. That soemny impressed
with the conviction of the unconsttutonaiiy and nju-
rious tendency of National Bank, should one he es-
tablshed by Inc present any future Congress, no
| matter by what name where located they hold II
to be the right and bounden duty of any succeeding
Congress, whenever the people shall have given Il the
power TO 'cear away The rubbish and TO establish
in its place system compatible with the provisions
of the Constitution and with the spirit Of our Republic
can institutions. In a word, they 60 decidedly Tor
In ID nf,t all rhpvd don that m
election of General Harrison the people decided in IA
vor of National Bank, as in Virginia both General
Harrison and MIR. Tyler supported on the grounds
Of their hostility TO that institution. They utterly DIS.
approve and condemn The proposition to distribute the
proceeds Of the sales of the public lands, measure
unwarranted by the Constitution, and insdIousy de-
signed entering wedge of system combining an
indirect assumption of the Debts of the States with
protective Tariff against both Of which they enter their
solemn protest and remonstrance. They express their
opinion that the present extra session OF Congress was
entirely uncaled-for by the public interest
Mr. C. said lie heartily concurred in the sentiments
expressed in these resolutions. lie considered the
Bank charter of this Extra Session nothing less than
the entering wedge Of the American system. 1t was
not his intention TO accompany these resolutions with
any lengthy remarks of his 1t had hecn asserted
with seeming confidence, as if undenaae, from The
very beginning of this Extra Session. that the people
of the u s. had at the late Presidential Election de-
ciled the question of National Bank. This he wholly
denied: the people of Virginia, North Carolina, and Sc
veral other States, denied it, The great body of the
people of the IT, $. not in favor of any National
Bank in many of the States, there is violent OPPOSE
ton to any measure of the kind.
MIR. HENDERSON TO notice one expression
in this petition which he had also noticed in several
others, which Senator had undertook to sustain by
his argument-it had become hackneycd phrase in
these petons-vlz the unconstltutionalily Of Ma
tlona Bank and that the question Of lis constitution
atty was raised in the Convention that framed the
n ctit Denied.
be ready defend his position when the subject should
be discussed.
MIR. CLAY Of Alabama said he could not consent TO
let the remarks which had just fallen from the Senator
from Mississippi mir Henderson pass altogether with
out notice and uncontrovered. lie said he had with
little surprise, heard that Senator deny that the pro-
position had been made in the Convention which framed
the Constitution, TO give Congress the power 10 create
| National Bank. The Senator from Mississippi al
legged that though it had been often asserted that such
proposition had been made in the Convention and
iected had attempted here 10 sustain the fact
by proof and he insisted that the assertion must be
founded. Now he (Mr. c. had heard this declaration
with some asonishment; for, former occasion, he
had himself adverted to the subject, and had adduccd
what he considered very satisfactory evidence in sup
port of the proposition
There Mr. Henderson remarked that he intended 10
be understood saying, that attempt TO sustain the
position had been made in the course Of the debate
The Bank bll which had passed the Senate al tie pre-
sent session.
Mr. c. remarked that it was by no means necessary
to show that any such proposition had been made and
rejected in the Convention, to establish the unconsti
nationality of National Bank. He said it sui.
Gent for those who were opposed to such nslitu-
ton 10 maintain that such power was expressly
granted 10 Congress by the Constitution; and in con-
nection TO rely on that article which expressly de-
cares that the powers not delegated by that insru
ment were reserved to the States respectively,
the People The opponents of Bank might in vain
call its friends TO show any clause of The Consu
ton which granted the power in question; and they
might riumphantly defy them to show that the
ercise of such power was necessary and proper 10
carry into effect those which delegated lie said
experience had abundantly proved that National
Bank indispensable to give effect TO the grant
ed powers and that The true meaning Of the term
| Unnecessary.
But Mr. G. said, to come more Immediately to the
point made by the Senator from Mississippi could be
easily shown that it had been at least twice proposed
in the Convention by Mr. Madison to give Congress the
power corporations, and that il failed each
occasion.
the power to create corporation would not include the
power to create Bank
Mr. c. asked him if Bank could be established with
out an act of Incorporation:
| Mr. HENDERSON replied it could.
| Mr. CLAY replied, though there mi ht be private
bankers, private tanking companies, without act
of incorporation, that he had never known public in
sttuton of the kind which not corporation. That
the understanding of the whole country now, and
il was equally SO when the Constitution was adopted
as would sufficiently appear by portion of its history,
which he would presently bring 10 the notice of the Sc
nate He said tie Bank established in 1884, was
poration-so was that which was established in 1916
and the bill which had passed the Senate the other day.
also created corporation, to be called the "Fisca
Bank of the United States" Indeed, every attempt
heretofore made TO establish National Bank had been
by acts of ncorporation-no other plan, far as he
DIR c. was advised had been attempted by Congress
| in more than half century.
Mr. c. said Mr. Madison had, in the first place sub
mted proposition, in the Convention, to give Con
gress the power TO create corporations, amongst va
and now composed parts Of the Constitution but the
Committee whom the subject was referred, had re-
pudiated the power in question, and refused to give 1t
their sanction At subsequent stage of the session,
the same gentleman moved 10 grant the power by
way of amendment, to motion which had been made
by Dr. Franklin; and as the subject one of deep
and pervadng interest, Mr. C. said he would detan the
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