Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-08-06
l.. election Of Gen. Harrison as a candidate. re:

~. f,,rs lust when the State Banks preparing
,csume specie payments, had by its subsequent ex
,osous and contractons produced repeated CONNER
,l revusions, and plunged the community IN UNI,
,srs,l distress. In lS49, Mr. johnson OF Virginia
rad introduced resolution to take away ITS chsf-
,.r on this very ground. And here MIR. McCle
an quoted speech of Mr.. John Tyler IN support
Mr. Johnson's resolution and in opposition To the
e,nk policy generally Over this speech he exnlt-
y realty, declaring with much animation that If the
,s1t,ons there laid down were the Virginia aosrac'
ns Of which gentlemen spoke, he went tor them with
more than Eastern idoatry, embraced them with all
,,hers Affection and prepared to live upon them
he then referred to another commercial revulson IN
,.o; nassed some severe structures on Mr. Adams $
demonstrations so often held up the Augustus OF
American history, and insisted that, If not armed with
exorhiant power, the great monster Itself must then
have been tumhlcd into runs.
gul here his hour expiring Mr.. NJ resumed his seat
Mr. SAUNDERS, of North Carolina, said he was
not willing to suffer bill involving questions OF such
vital Importance to pass, without effort on his part
10 expose lis features and its alarming character
lie agreed with the gentleman from Pennsylvania, (r'
Sergcant) that all the preceding measures of the SEES
son would be comparatively insignificant, should tins
bill fail. Their effects might be temporary, ana an
the evils they occasioned easily remeded Dut Tue
effects of the bill the table were OF wider extent
and more enduring character 1t would not DO lot
~ advocates to maintain that the power to charter
. Bank was q settled question The question was
10 be settled now, and another feature was 70 oe su
.!rd 10 the Constitution never contemplated ny 'S M
mers but the contrary expressly rejected an this
vas to be done under the plea OF necessity some
other argument for must be gwen than that Tue qa's
ton was settled How settled: by whom: W no an'
thorzsd them 10 settle the question Tor U.s. 10 lhhn
fo MS, IL had been settled By legislators, Judges, and
Presidents, with whom we OF the present me haa no
hing 10 do In addition 10 which, It was sad TO have
lesn confirmed by public opinion also II, indeed, all
,1e alleged decisions could be established hgs case
Of authority might be made out; but closer eSamlna
ton would show that the power had been denied ana
- exercise repeatedly condemned. 1t was true that
Congress in 1891 did charter bank-that the ques-
lion of power had been diseussed-and that some
members of the Convention who framed the Constr.
tuition had also been members of that Congress
There were nine of them, and while five were fer the
bank four had been against It; the weight oil talent
being contessedlv with the latter Among the opponents
had been the llusrous Madison, whose speech on that
occasion read, admired and studied 10 this hour
Under all the circumstances, MIR. Saunders did mol
consider this act of Congress weighing so much IN
the argument it appeared to the gentleman from
PENNSYLVANIA (Nlr SergeanD to do. The Govern
nent just going into operation, and the bank was
an experiment. In 1911, Congress came to an I'M
portan decision, which the gentleman from Pennsyva
ma with his usual tact had entirely passed over. The
constitutional question had been raised and extensive
IL discussed. Could it be maintained that Jefferson
ana Madison considered the question as settled lhey
had majority in Congress in ISL, and yet IN that
Congress the question was raised and decided AGAINST
then the circumstances such that the consttu-
,ional question was not raised. The Bank was char
tered from necessity, and under duress Nothing was
then decided but the question OF expediency So IN
1882 when the Bank had yet four years 10 run Then
came the political revolution of 1887. The question OF
Bank or no Bank had been raised during the election
Of Gen Jackson, and again IN the canvass OF Mr van
Buren, and both times decided against the Bank by an
immense majority. This was an offset TO the authority
Of those decisions which were claimed on the other
SIDE. So much for the legislative action on the con-
sptutlonal question.
Then, as 10 the Executive decisions, the name Of
Washington had been used with great orce but lei 1t
no, be fora ,tten with how much hesitation that great
man had signed the first Bank bill. True, MIR. JEFF
i-rson had signed bill for the New Orleans branch,
but then the Bank already established, and the
opinions of his whole life had been expressly opposed
10 il It had been said that Mr.. Jefferson would
have signed Bank bill if presented to him But how
could this be known; it was mere conjecture. Mr.
Madison had also signed bill in 1916, but his argu-
inens in 1871 still remained unanswered and unan
swerable The elections of Jackson and Van Buren,
we're strong expressions of popular opinion against the
Bank And so, indeed that of General liarr
SON who had given an express opinion that Congress
had no power to charter Bank who had voted for
Nj yohnsons resolution to issue a scire tacidS, and
even 10 repeal the charter without It, And as to the
opinion of President Tyler, it was known to be decided
AGAINST the constitutional power of Congress to es
,.bish Bank. The weight OF Executive opinion,
therefore, lay the other side.
Mr. s next proceeded to examine the Judlcinl au-
,ority in favor Bank and he insisted that the de-
c,Sions nf the Supreme Court it's favor opera
IKE only during the continuance of It's charter, but
mad authority; and therefore Congress might
treat the question of charter no charter as an orig
MI question: The gentleman from Pennsy lyanla (hlr.
Srrreanu had said nothing of any decision IN the OPP
paste direction. He took notice Of the disclosures
IN the late Madison Papers as 10 what had passed IN
the Convention when the proposal to insert Bank
power in the Constitution was argued and rejected
Al. 49, h1,r nor NJ q
FOR Bank. This argument was every where urged
bit how it supported By the issues OF the late
eiections They were test, because in many OF the
States the Bank question was never raised. IL had
mol been raised in North Carolina; and Mr. Badger, IN
public speech had reued the assertion that General
Harrison was in favor Of Bank, and denounced 1t as
false charge. Mr. S. here quoted the speech OF MIR
Badger and then the address OF Wing Federal Com
m,tee WHICH dwelt the topics of extravaganza, OF
Standing army, and OF the public lands, but contained
MOI word about Bank. 1t could not therefore, be
inferred that the Wing vote for Harrison was vote
for a Bark Besides, when the Legislature of North
Carolina had become Wing, though resolutions were
introduced to instruct Senators and Representatives to
vote for Bank, they were not pressed, because the
party had not power TO carry them
Nj 5 insisted that whenever the question had been
directly PIT the People, they had always decided
against Bank. And even if public opinion were the
other way, il would not prove that members OF Con-
srrss had no power To think and act for themselves
Ii they had decided opinion the constitutional
question: they not to be allowed to express IT: II
was bold doctrine, not intended to operate within but
without the walls of Congress. Mr. >. INSISTED ne mao
perfect right to treat thus original question, and
10 act according to his opinion lie then entered
briefly into consideration of the constitutional ques-
ton; stated The distinction between specified and m-
piled powers, and insisted that the latter rested upon
their being necessary and indispensable to carry out the
former. Gentlemen were disposed to Judge Of the
Constitution, not much from its letter from
the they wish to carry under It's sancon.-
Even the alien and sedton laws had once been con-
sdered as CONSTITUTIONAL though none would now
ture TO expires such an opinion.
The gentleman from Pennsylvania had referred to
the decision in l79l and not to the powers in the Con
st,tnlon. Mr. S. here read extract from the speech
Of Mr. Clay in 1911, against the Bank The gentle,
from Pennsylvania, (Mr. Sergeant) with his usual
Tact, had referred 10 declaration by the old Congress
that Z INK ndspensaby necessary 10 carry on the
Government. But if they had been led to believe SO
By the results of the Revolution, why had they not ex-
pressed that opinion in the Constitution: II had been