Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-08-24
FOR TIE ENQUIRER


.,, FOR TIE ENQUIRER.
To JONI TYLER, PreSidcdt Of The United STATES.
Sr-The authority to which you are required to sur.
render your judgment ofthe constitutionalty Of Bank
is that of the Supreme Cnurt of the u. s. Now, Sir,
if understand the judicial rescript for which an au-
horly is clamed paramount 10 that of the Constltu
ton, it amounts to this "1hat the words necessary
and proper precisely what the President and
Congress- for the time being, choose osay they mean.
nave never been convert to this doctrine, and mean
TO oppose It on all proper occasions But when con-
tenaihg with those vino maintain it, surely have a
,sht 10 all the advantage ii may give me against them
Mow IL IS the doctrine of adversares, and should
like 10 learn OF them how IL is that they deduce from
doctrine which sets you above the Constitution a
conclusion which deprives you of all liberty of judy
ment How IS It, That you, the Judge in the last resort
i0r the Supreme Court disclams all right to super
wise your declslon) of the practical meaning of the
words necessary and proper, must ne vertheess take
care that your judgment OH this point must conform TO
that Of ".he majority Of the Wing party, as expound
ed through their oracle, MIR. Clay.
| aware, that Mr.. Cay's modesty rejects this
ascrption of authority TO him, either as Henry Clay,
the spokesman Of the Wing party, and that he
chooses rather to rest his claim the mastery over
your conscience the authority Of your predecessors
Here again should be glad 10 learn how comes that
the powers of your office less than those which per.
tanned TO it, when held by Madison, by Jefferson
even by Washington. In their hands, in yours, they
were but what tie Constitution made them. What
has become oc them? We have heard much, Of late,
Of Executive nsurpaton, and II was certainly felt for
some Gears past. that the hand of Executive power was
daily heavier and heavier How It, that in this parti
cuar has los: all lis weight Is that the President
is at liberty to disregard tie Constitution but
liberty 10 respect it Or has The same right to inter
prpt that instrument heretofore exercised by your pre-
dccessors descended on you If not, this strange con-
sequence would follow-that each President would
have more power the future than the present
that each would receive his Office shnrn Of Of its
nrerooatives-untl, in process Of time It might come
10 pass that the President Of the United States would
have no power at all
frankly own Sir, that in saying this, have but at-
fec,ed to misunderstood the spirit Of my adversary $
ARGUMENT But am not addicted to that "uncandId
dulness" and have only chosen TO amuse myself with
some of the differences that must flow from his doc
,rine. however he may establish IT, What he con-
tends for is the authority Of con;emporanpous espos
tons: and he reasonably enough contends, that they
who were nearest to the time Of the adoption OF The
Constitution, most apt 10 know IFS true meaning.
Be ii So Did MIR. Clay, in lalI, hold himself bound
by the act Of Gen Washington who had chartered the
frs, Bank: No. lie relied then on the testimony Of
Mr. MADISON who had taken notes OF what passed IN
the Convention and who testified That the power to Gre
ale corporations oany sort had been denied TO Congress-
lest its exercise, il might lead to The establishment
Of Bank.
Bul MIR. Madison himself afterwards ratified the
charter Of the late Bank of the U. States What
then: Was Mr. Madison, in lolG, better qualified TO
iudae of the meaning Of the Constitution, than IN
1902 or in 79o; If 80, what becomes OF the superior
virtue of con:cmporaneous exposition:
Bul Mr. Madison was an older man, and wiser man
n lSj6 than in 1872 or I79S Be- it so. Was he
better informed Of the matter ." tact (cHjAS pms t
of which he testified the floor q! Congress IN l792,
and Of which he has left lie record to pnsierity Or
bed Inc but learned 10 think Of powe! 10 be exercised
han al he
exercised BY another Surely the grounds on which
the authority Of con;empoTaneous exposition IS claim
ed for the opinions OF any gentleman, IN favor oil Tue
conslutonalty Ct Bank, must fail, when We ind tie
earlier opinions of the same gentleman opposed 10 H.
Ru what respect can either party feel Tor the opinions
of Mr. Madison in his latter day, any question cons
nocted with banking, when it IS remembered that ne
vetoed one Bank, not because II was unconstitutional,
INT ieeause lie charter rtqnrtd the payment q rs notes
IN specie ? What could they say who press Mr. Ma
disor example upon you, II yon should veto Air
Claws bill, and be disngenuous enough TO put the
matter On that ground
This is said in no lnvdlous spirit Mr.. MADISON
was r00d and uiss man. possessing every qaisy lhal
enters into the character OF great man, except frin
ness But when any individual, however eminent,
b,s been a, different times, both sides Of any qucs
ton. hos can either party qnote him as an authority
in tier favor His arguments, Pr0 and con, are puo
lie property, and both may use them ne slrensh o"
m argument does not depend Tor It's convincing ehcacy
on the mind that conceived IT and, when IL Is quoieu
The author is fairly entitled to the credit OF It, Mr.
Madison arguments against the constlutionalty OF
Rank and against the political authority ut judicial
decisions are only TO be met by arga'Rentdttre an
sncrs The authority Of his opinions on one side IL
fairly balanced by his OpaionS on the other.
But the decisions III favor OF the consiisnionaty OF
Rank have been ratified hy the appreciation Of the
Peoole, low is that shown Mr.. Jefferson, who was
,rumnhantlv elected in SG1, and almost unanimously
IN lsoI had most solemnly and officially recorded ms
Indictment against it. Mr. Madison, the successor 70
his power and lis principles, and 10 whom meme bu'
nominal opposition ever offered, had marked hiS
onn;on on the subject by the most memorable acs OF
~, 10 D,cs any candid and well.lnlormed man be-
Ee-c tbat but for MIR. Madison speech against Tue
p,rL in 1872 and his report 11a III winch the I'M
constutonay Of Bank IS unresrrsedly Gec'areo, ne
,yould ever la ve been President OF lne u -, wheh
he nave his sanction to The charter "i 'e ae nc
believed tia. tie People were satisfied Of us consuu
,onI;,v he certainly did not find the evidence Of The
cao, IN he own election Mr.. Monroe, whose clam TO
Tho succession was hardly questioned, was never sup
noscd ,o b. favorable to Bank; and alr Adams, VINO
,s mt elected by the People IS the only fresdeht
who has come 10 the char VIII known ahu aee'u'u
onron in favor of one In the last election as ylu
have iuy said Sir the opposition party agreed among
themselves 10 waive the question: and leave II open 10
future discusslon mani;
fcsed their appreciation of Bank by their votes IN
Presidential elections, It IS 10 nc inferred rom '.e
a:cence in the decisions Of the Supreme Court OF inc
\ Eul we have already seen, that these eslaollsn
among other things your right TO decide Tor yourself
III ~ tho last resort whether that "neccssty ana pro-
a.;oty" can be predicaled Of Bank ofihe uS whch
NAV make i, constitutional: and beg y may ne re-
,nrmbefed that it ls against Inc Ct" 'u'i'''''' y 49,
rirht that AN now con.ehuns' ,. ~,
! %, 80 | ia nal feel The need IL this argpnthtnm M
ho,;n,,u and as never mean 10 acQuesc' III lhat au
'Sor;, beg leave 10 know what mcrvc Of sympathy