Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1841-09-06

at"f IRON kentucky. II formed no rule by which h,
was ,und 10 surrender his solemn convictions I,
The unronslitutionallly OF the bank.
But the Senator from Kentucky has told us that
Mf. Jefferson, IN various WAYS, recognised the con
sutnuonIny Of National Bank; and ~ ILLUSTRATION
OF this posllion. lac tells au.cdo,r. n passage
OF secret history, | know not what auth my
winch must say is but llo in consouancc wu
Mr., Jehersoo's hie aud opinions |, ,eprcsents h;m,
who never shrank from any responsibility, willing
to sink back under the fraudulent and X nom,nous
shelter held ou by pcvcrson Of the Ten days pro
VISION, IL screen himself from the duly of asscilng
hose glorious principles which had been the
ment Of long hir Until the positive testimony OF
responsible aud unmreachatlc witness to the fact
tSelj shall be produced, never can Weld my belief
to his brlna wiling 10 stand by PASSIVE accessory
To the violation OF the tousutut,un. Where the
occasion Tor his doing sol tie 10 70 on, OF office
IN tho M nth OF March, 1909, and the bank CHATTER
would not expire TIL ISL; and The record vail show
that, nier that nmc, lie renewed repeatedly. and IN
the most Solemn ioto. the expression oi h,s hostility
TO such an institution. do not mean To cast the
slightest inpnta u the statement OF the honora
bic Senator himself, 40 Ear kno" lrdge OF his
own Is concerned; bat an anecdaic oi such n char.
aeirr, coming 10 HIM nj second ~ th,d hand, aud
conradlced by the whole public lie Of Mr.. ltrson.
he viii pardon mo iot saying, does appea, TO my mnd
10 be einnenlly apocrypha Bu, tho Senator permit
ted himself 10 ittrr Ia two public Ufcal acts oil Mr..
Jefferson after ms own refusal many years ago, OF
+ the argument deduced from then; | mean las sign.
I lne a bill to establish branch ot he bank ut New
Ole Ds, and to punish the connteticillng 81 the
h,lls OF the bank Can | do better IN reply to ihs
argument than quote To the Senator hIs avn Ian
guag'! X 'ow, indeed. Ia. ,elut lance to have that
speech referred 10 Nj. CLAY. Not a, all; NIL.
remember the signal venee auee with "n.h one
OF the Senators VISITED ho yenlu,cd To quote IT,
aud therefore iclt some deea,y ieenlng 10 II
MYSELF
In the able aud rloqlcn speech made by the hon
"r"bc Senator against the consI'Io,'"na'uy "t Ma
ional BANK, IN lsll he used the following language:
"Gcntlr.ncn contend that the construction winch
tley give 10 the C"us ne,pn has been acqncsced in
by all p,tties aud nnj-r all Administrations; and
lhey rely particular, wmeh passed IN | s0I
Tor extending branch 10 New Orleans aud an. the,
&C, OF 1902 lor pnnsh,nR those who should forge
or nltei iu,ged paper Of the bank. With regard 10
the first law. passed no ianbi upon the tccommen-
ia non oi The Treasury Dep utment, ! would remark
that IT WAS The extension OF a branch To u Territory,
over which Congress possesses power oi Legislation
almost nnColfolled. and where. without any consH-
tutionat ,mpedimenr, charters Of Incorporation my
be er,nred !"
There is the answer-lhc iiiumphan', the con-
elusive answer. Tha, branch was 10 be established
IN Territory, where The Constitution expressly
gives 10 Congress general Discretionary legs awe
au horny. Tins bil on the contrary contcmplates
the establishment of branches within the hn"s OF
sovereign States, IN regard ~ which C"ng'rss has
none but specific powers. formal y cnunera ed aud
tfned. A. to the other bill, 10 punish counter
Senator also tell us IN 1871 These the won Dis:
AS 10 the other ACT II passed no less for the
ben,i vi the community than the bank protect
the ignorant and unwary from counterfeit paper,
pntpo,IIng 20 have been emitted by the bank.
When gentlemen are claiming the advantage sup.
posed 10 h" t~de":hlc from acqniescencc, let INC IN
quro what tho, would have had those TO have done
who believed the esabli,hmen OF tho bn.k an rn-
croachmcnl upon State rights We've lhey 10 have
resisted. aud ho" ! by force =!
The honorable Senator then proceeds to bear tho
following testimony. as an actor IN the scene 10 the
principle, upon winch both OF those Laws were pas
ed:
The acts of 1901 and 1907, relied pledges
for retharle,lug this company passed not only with
out any discussion whatever Of the constitutional
power of Congress 10 establish bank, but venture
10 say, without sing member having had his al.
ielton drawn 10 tins question. hal the honor Of
seat Ia the Senate when the latter law passed, and
probably voted Tor aud declne. with The utmost
sincerity, that never once thought oi thn point,
aad appeal confidently 10 I've y honorable nember
who was then present say II that WAS not his sit
ualipn.'
The Senator himself thus furnishes the tue ex
piana,Ion OF HE consdetaii"ns winch those acts
we've pass-d-an explanation The benefit Oi which lie
must III Justice extend 10 Mr.. } II rson, "hIie he
claims it Tor himself, aud has disposed OF his own
argument.
hold, Therefore, that, # President Tyler had
spect enhe, t. The sage views" the "evel-.lorI
Gus example oil the fathers OF the great Kepubli.
, school, he could have brought his mud
to the concusloD thai he was in du'y bound 10 give
his oficla Signature and approval TO such bill
We sent hlm.
! beg leave TO refer the honorable Senator from
/ Kentucky T. another passage IN the Inaugural J.
! dress o President fyIer. which he seems TO have
| wholly overlooked, and which ri lny ,niimai"s. as
appears 10 me, the determiDaion OF the President
to make tie Constitution, IN his own CONSCIENTIOUS
Interpretation Of II, the sole rule Of his conduct. ln
The opening Of that aJdress he makes the following
Impressive reference 10 tho solemn Obligation he
! had taken upon huns II in assuming the Office Of
| Chlof Magistrate My earnest payer" says he,
shall b. TO carry out understandIugly the principles
Of that Constitution which have nto protect,
preserve ana delcud'" Why tins emphatic ,eler
ence to tbs Constitution OF his country, connex-
ION with the solemn sanctions Of his oath Of office, II
he did intend make nude, all citcnu stances,
the primary aud uuhendlng rule Il his official con
duet! In the closing part Of the same address he
repeats, in the following language, just admonItioD
ar INST the exercise OF any pow, not clearly granted
I by the Constitution:
"fnose (snd he) who are charged with the ad-
mnistraiIon of the Government should care fully h.
stain from all attempts enlarge The range OF wers
thus granted the several Departments other than
by an appcat 10 The Peop'e Tor additional grants lest
rrluls and statesmen who ( AIMED The Consin.i /, u
designed to establish between the Fede'ai Govern
a. eut and the Siatts composing iiu .JaIon."
Surry with language like tr,s upon his lips, and
sentiments such as these ~ his heat HE Presided
could 10 be Justly expected to sign bill winch IN
his conscience he ttiIrved and had repeatedly
aud soiemnly d"clared to be contrary TO the Co0st
lutIon OF rs county.
Tbere being. then. nothing in The opinions Of the