The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-07-13

once disputed constitutional law, can be consi-
dered as selled-as no longer operas closed 10
all doubt and dlspualion, II is that OF the power
Of Congress 10 establish a Bank of the United
States, with Offices of discount and deposit in
the several States, by force Of their own autho-
rlty. The Supreme Court of the United States
have, more than once, had this matterpresented
TO them Tor consideration and decision. The
point has not been before them, incidentally on
| ly. The opinions which they have expressed,
have not been extra-judicial. They have been
required TO consider the question involved
IN the cases before them. Ii has been neces-
sary TO decide il, that the justice between the
parties lligant before Them might be faithfully
and mpartially administered. Nor has the
question been merely, whether Bank OF the
United States could be created by Congress
but the very question, whether branches could
be established in the respective States, with
out the assent OF the States, has been the basis
of their adjudcations. This point has been
deliberately argued time has been taken for de-
liberation; every view which couldbe presented,
having bearing upon it, has been considered.
The giant intellect, the learning, the talents of
the great, distinguished and patriotic men, who
| composed the Supreme Court, have been put in
requsiton; and that court have come 10 re-
suit. They have declared what is the true in
depreciation of the Constitution as relates 10 the
present subject. Under all the sanctions of a
Judicial OATH of the high responsibility of their
station, of the great importance Of the subject
they have pronounced their decisions. They
have affirmed the existence Of the once disputed
power; and this, not by divided opinion of
the cour-not by any qualified expressions IN
dlcatlng possible doubt and uncertainty on the
point-but unanimously, explicitly, and firmly !;
and not once only, but repeatedly forminga Sc
| res OF precedents and decisions, which cannot
be shaken by any subsequent opposing deci-
4l.,,,t "A Il
ton, and pulling down one of the main pillars
on which the security OF the rights OF persons
and property depends. No question of power
under the Constitution, which has been doubted,
and which has been the subject of judicial in
vestlgatlon, has been more fully, entirely, and
irrevocably settled, by Judicial authority, than
the power to establish these offices of discount
and deposit In my opinion, il is not now an
open question. il the decisions of tribunal
| created, among other purposes for the very pur
pose Of settling these disputed questIons-deci-
SONS of repeated, uniform, deliberate, called for
and necessarily expressed-if such decisions
are not 10 be considered as having the force Of
law, II they have not put an end 10 all doubt
and dlsputation, no question OF constitutional
law can be considered as settled. We are st
afoat upon the broad ocean of uncertainty, and
every functionary under the Government is Il
be allowed TO interpret the Constitution fol
nlUlsel, anu 10 govern HltlStli, IN all MS actS
by such interpretation, and TO be protected in
them. Mr. President, the decisions of the SUI
preme Court, on this point, are now TO be consi-
dered as part of the Constitution, as much so
as II the doctrines contained in them, were eX-
pressed in words in the instrument. The inter
probation OF what is written, is given 10 US, by
authority, is permanent and binding. That au-
thorlty TO which we have agreed to yield our
obedience, has declared that the Constitution
th., l. IL,
offices of discount and deposit. 1t is now a
part of that sacred instrument, and, for myself
should feel under the same obligation TO consi-
der il as portion of the Constitution, as If il
was expr SLY asserted in so many words. A
refusal TO treat these interpretations as binding,
it seems 10 me, would be at war with the whole
genius and spirit OF our institutions, and give
unlicensed liberation to every exposition OF the
Constitution, which might be honestly made by
every citizen of this widely extended Union.
No question, open to any doubt, would evel be
closed. Every person would be at liberty e in
terpret the Constitution for himself and shield
himself from the cons quences which would or
might follow from such Interpretation. under the
plea that he was conscientious in the views he
entertained If these opinions TO prevail,
il would seem TO be of little Importance what
are the adludicatons OF the Supreme Court,
upon any matter OF constitutional law.
But the most serious consequences which
would result from permitting these adjudca-
tons to be dlsregardtd, and allowing the mat
tiers decided 10 be still open 10 discussion, have
not been mentioned. proceed 10 notice them
Under the decisions to which have referred,
(and they to be found in the records of the
court in this Capitol, and reported under our
authonty-l mean the cases in the Supreme
Court growing out of the attempt by the Legs-
latures Of Maryland and Ohio to impose tax
upon the Bank, through its branches, rights OF
property 10 a large amount have been declared
and confirmed. Indeed. most or certainly very
many Of the titles 10 property in this country,
may be said to depend, directly or indirectly,
upon the adludicatlons OF courts, declaring the
true and legal construction to be given to legs-
lative acts and to private contracts Upon the
implicit faith repoSed in these decisions and the
moral certainty which is felt that they will not
be disturbed neither doubted nor overruled-
are investments of capital 10 large amount,
and conscious security Is INDUCED IN their sta
billy and safety. Take away the shield which
public virtue and the principles of mmutabe
justice have thrown around the sanctty OF these
titles and investments, by the entire confidence
placed in the stability of the adjudicanres on
which they depend, and little is left OF security
for any rights OF person or property. Such is
the principle on which the vast amount OF pro-
perry acquired under the decisions OF the SUI
preme Court, declaring the act Incorporating the
Bank Of the United States to be constitution
al act, rests for lis support. Transfers of stock
were made, real and personal estate to an amount
which can hardly be computed, was purchased
upon the faith of their decisions. The titles TO
many houses farms and plantations rest with con
idence IN the invioability of judicial decisions.
The income of many widow and orphan, derlv-
ed from this mistaken conference.-the wealth OF
many of our citizens, the revenues of many per-
sons retired from active busness-and some
even of the property Of the nation, depend upon
the stability of the decisions OF this high ribu-
nal-the Supreme Court Of the United States.
And it is al this day, an open question, whether