The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-08-31

tuition. do not to cast the slightest mpu,aton
on the statement OF the honorable Senator himself SO
iaf as any knowledge of his concerned bat an
anecdote of such character coming 10 him at second
or third hand, and contradicted by the whole public
fe OF Mr.. Jefferson, he will pardon me for saying,
does appear to my mind 10 he eminenty spocry phaI :
But the Senator permitted himself refer 10 two pub
Ic Official acts OF MIR. Jefferson after his refuta
many years ago, of the argument deduced from Them
mean his signing bill to establish branch Of the
Bank at New Orleans, and a bill TO punish the
tefieiiing OF the bills of the bank Can do better
m reply to this argumed,, than quote to the Senator
ms own iangoage3 know indeed, his reluctance
to have that speech referred to- FMr Clay. Not at
oil not at all remember the signal vengeance
with which one of the Senators visited who ven-
tuIed to quote H. and therefore felt deicacy in
referring 10 it myself .F8t4'
In the able and eloquent speech made by the honor
able Senator against the constuonality of Nation
al Bank, in 1911, he used the following language:
"Gentemcn contend that the construction which
they give to the Constitution has been acquiesced In
by all parties and under all Administrations and they
rely particularly on an act which possed in 1874 for
extending branch TO New Orleans, and another act
OF is07 for furnishing those who should forge
forged paper Of the bank With regard to the first
law, passed no doubt upon the Recommendation Of the
Treasury Department, would remark that il was
the extension OF branch TO Territory, over which
Congress possesses power of legislation almost
troiIed, and where without any mpedi
ment, charters Of incorporation may be granted"
There is the answer---the triumphant the conclu-
sive answer. That branch to be established in
Territory, where the Constitution expressly gives to
Congress general discretionary legislative authority.
MS bil on the contrary, contempates the establish
ment of branches within the limits OF States
IN regard to which Congress has none but specific
powers, formally enumerated and defined. As To the
other bi to punish counterfeters Of the bank paper
what did the honorable Sena or also tell US in 1911
These are his words
IL A..
Asto the other act, il passed no less for the
benefit OF the community than the bank-to protect
the Ignorant and unwary from counterfeit paper pur
porting TO have been emitted by the bank When gen.
tlemen are claiming the advantage supposed be de-
ducible from acquescence, let me inquire what they
would have had those to have done who believed the
establishment of the bank an encroachment upon
State rights Were they to have resisted and how2
BY FORGET"
The honorable Senator then proceeds to bear the
following testimony, actor in the scene TO the
principles upon which both Of those laws ere passed
The acts Of 1904 and 1907, relied on as pledges
for recharerng this company passed only without
any discussion whatever of the constitutional power Of
Congress TO establish bank, but, venture to say,
without single member having had his attention
drawn to this question. / had the honor of a seat in
the Senate when the latter law passed, and probably
voted for it and declare with the utmost sincerity
that never once thought Of that point, and l ap-
peal confidently to every honorable member who was
then present TO say if that not his situation"
The Senator himself thus furnishes the true expla-
nation OF the considerations which those
passed-an explanation the benefit Of which he must
In justice extend TO Mr.. Jefferson, while he claims it
for himself, and has disposed of his own argu-
ment.
hold, therefore, that, if President TYLER had re-
spect either TO the sage views or the fever glorious
example of the "fathers of the great Republican
school, he never could have brought his mind to the
conclusion that he in duty bound to give his off
cial signature and approval to such bill as sent
him.
beg leave to refer the honor able Senator from Ken
lucky to another passage in the inaugural Address of
President Tyler which he to have wholly over
looked and which plainly ntmates, it appears to
me, the determination OF the President to make the
Constitution, in his own conscientious Interpretation
Of il, the sole rule Of his conduct In the opening
OF that address he makes the following impressive
reference to the solemn obligation he had taken up
on himself in assuming the office of Chief Magis-
trate My earnest prayer" says he, " shall be to
carry out Understandings the principles Of that Con-
sfitution which have sworn to protect preserve
and Defend" Why this emphatic reference to the
Constitution of his country in connection with the
solemn sanctions Of his oath of Office if he did not
intend to make it, under all circumstances the pri-
mary and unbending rule of his official conduct In
the closing part OF the same address he repeats in
the following language, just admonition against the
exercise of any power not clearly granted by the Con-
stitution:
Those (said he) who are charged with the ad-
minisraton of the Government should carefully alb
ain from all attempts To enlarge the range powers
thus granted to the several Departments other than
by appeal TO the People for additional grants;
lest by doing they disturb that balance which the
patriots and statesmen who framed the Const tuition
designed TO establish between the Federal Govern
ment and the States composing the Union"
Surely, with language like this upon his lips, and
sentiments such these in his heart the President
could not be justly expected TO sign bill which in
his conscience he believed and had repeatedly and
solemnly declared be contrary to the Constitution
of his country
There being them nothing in the opinions of the
fathers and founders of the Republican school to in
duce President Tyler a consistent disciple of that
school for twenty five years past, and who had
over and expressed his conviction of The uncon
sttutonany OF Bans of The United Sta es 10
change that opinion, what course but that which he
has pursued left TO HIM when the bill for such
a bank was presented for his APPROVAL
The Senator from Kentucky tells US that the opin
ions of the individual nominated, by the patriotic and
enlightened Convention which assembled at Ha ris-
burg as candidate for the Vice Presidency on this
great and important subject, were but little thought
Of
MIR CLAY. The Senator has stated this very diff
ferently from the manner in which stated the fact
What said was, that the President thought his
opinions extensively known than they actually
were and that the less consequence attached to
them when they were known, because he was the
candidate for the second office only
acquiesce in the Senator'S explanation. But was
not this most extraordinary state Of things And
did il not, if il So hespeak the part of that
Conventions signal instance of reckessness and want
Of consideration The party, he says were intent on
the great object of old fashioned Bank of the
United States, and they knew that a bill charterng
such hank might be dependent for its fate on the
casting vote Of the Vice President in this body Gas i,
was when it was negalised by the potential voice Of
George Clnton) Surely it would have evinced a
most extraordinary want of foresight when such
were depending, TO select candidate for that oh air
without the most careful inquiry into his constitution
al opinions. Was John Tyler so insignificant cha
racer that they knew nothing of his past history
Where is the man. whether member spectator with
in these wallis TO whom his political principles and cha