The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-07-08

90, or not uncummitted ON the subject They coult
not come TO him, therefore he went to them. He sur
rendered no principle, but he acted ON this principle
he took the ess because he could not get the greater
good he seized the fruit within his reach, because he
could not pluck that above II, though faIer better
and more beautiful; and he would not permit the PEG
pie Of this country perish, whilst he was here aspir-
Ing 10 that which he thought he saw, was utterly IN
attainable
These were the general motives on this subject by
which he was governed and he would desire his no
norabe friend from Delaware, MIR. Bayard) to with
draw his amendment and let the vote be taken on The
amendment Of the Senator from Virginia, Mr.. Rses,
and then il that failed he would vote for the amend
ment Of his friend iiom Delaware.
The vote was then taken on the amendment OF Mr..
BAYARD, which was rejected by the following vote
YEAS-Messrs. Archer Bayard, Evans Graham,
Henderson Morehead Preniss, Southland, Whiie-9.
NAYS-Messrs Allen, Barrow, Bates, Benton,
Berrien Buchanan, Calhoun, Clay, of Ala, Clay OF
XIV. CLAYTON Dixon, FultoS Huntington, Kerr,
King Linn Mangum Merrlck, Miller, Mouton, Nj
cholson Phelps Porter Preston, RiNes, Sewer, Smith,
Of Connecticut Smith Of Indiana, Sturgeon, Tall
madge Walker, Williams Woodbridge Woodbury.,
Wright Ynung-36.
Mr.. PRENTlSS said that he had no intention TO
enter at all into The discussion. He had desire TO
argue any Of the points which had seen agiated IN
the course of the debate He wished merely TO state,
in word, the which would influence his vote
the particular question before the Senate and he
did this for no other purpose than to prevent any ms
conception or misrepresentation as to the grounds up
which his vote would be placed.
He said that after much consideration given TO
the subject, he inclined to support the amend
ment which had been offered by the Senator from
Virginia; and he should do this, not because he
agreed with the honorable Senator in the constitu-
tona doctrines he had advanced far otherwise, hut for
other and very different considerations No one en-
tertained stronger decided opinion in regard
To the power Of Congress TO establish bank or the
branches of bank the States without their assent
~ l.. a ~ "A ~.
the slightest doubt upon the subject and he was free
To say that, far as II concerned his individual OPT
Mons and wishes he preferred much preferred, the
proposition.whch the honorable Senator proposed to
strike out to the proposition he proposed to insert
He had hesitation in saying that the bill, IN
its present form embodied the sound the consti-
tutional principle But notwithstanding such was his
opinion, il was known, and well known, that a dihe
of opinion irreconclabe difference OF OPT
nion this point, whether well founded not was
immateral, existed among the friends of National
Bank, both in and out OF Congress and upon mea
of such Importance, of such deep interest q
the country he desired to all the unanmity which
spirit of compromise without any sacrifice OF primer
Pile might attain; he wished TO an individual vote
of the friends of the measure. He did not think II
was necessary to 90 to the extremity OF the Consttu
ton le did think that necessary TO give elf
cheney TO the institution, or for any other practical
purpose.
Looking, then, to the difference of opinion which
existed among the friends of bank, and deeming the
question: he did, of not much practical Importance
He was disposed to go for the amendment; to
yield to what policy and expediency in the present
peculiar state of things, appeared TO require. lie
wished to say, however, that he would by means
do this if the amendment could be regarded as sur
render of power the part of Congress But he
could not look upon 1t in that light What was the
amendment : 1t proposed to give 10 thecorporaton-
yes, TO the rporah0n-authoriiy to establish a
branch of the bank in any State with the assent OF the
State in other words, give the corporation not an
absolute but "a qualified power. II did not, even by
implication, deny the absolute power TO Congress 1t
merely withheld it from the corporation and that not
constitutional grounds but from prudential motives
Congress might hereafter at any time enlarge the
power of the corporation in this respect or 1t might
directly exercise the power itself
Such was shortly his view of the matter. He
did think that any thing surrendered or that
any thing wanting which essential to the cf-
fciency Of the bank and that being the case he felt
liberty to take the which sound policy, uuder
existing circumstances, seemed to him to dictate
Mr. DIXON said he should vote against the amend
for the purpose of retaining in the bill the power
of establishing branches in the States, with with
out the assent OF the States. Almost every Senator
who had spoken in favor of the amendment had admit
ted that they opposed to it in principle but
in favor oft on the ground ofcompromise Impressed
they with apprehension that the bill could
not pass without that compromise ALL or nearly all,
admitted that such power should be retained In the
bill And he believed without that power the in
stltutlOn would De worse tnan useleSb w Heu IL was
admitted that the amendment was wrong in point OF
principle it seemed him that its adoption would in
volve singular absurdty. He had supposed the best
rule of Legislative action for the Legislature TO act
up N it own conviction. What might meet the appro-
baton of others too uncertain matter for calcu-
lation Are we to give up well settled opinion and
in which have no doubt, because we conjecture
that others NAV be of different opinion What will
others think of the bill when put it forth marked
with own disapprobation2 Instead OF making
h,,,lr ltx laxp b..
believed should pass such bill think ought to
become law If those who make goods fol- public
use admit that they badly made, and of bad mate
rails, they pay poor compliment to the judgment and
taste of hers if they expect them to find favorable
market Is there any thing in this which re
qures strange departure from common legislative
usage Or is 1t to become the rule of action here In
future that in the enactment OF all future laws we are
to discard opinions and discretion, and egls-
late entirely upon what CONJECTURE may be the
views of Others 1t is said by honorable Senators
this is no abandonment of the power of establishing
branches But the bill itself will be its best exposi-
tor The bill itselfw show this power to be surren-
dereJ And when is it to be again asserted Never,
SIR Power conceded is rarely got back. Its course
is downward to its own destruction, while encroach-
ment rises and strengthens in the agitaons and con-
yulsions of the world.
Mr. WHITE had voted for the amendment of the
Senator from Delaware Mr.. Bayard on the princi-
Pile of urging the friends of the amendment now
nend,nr the argumentum dd dbsurdum, and showing
lha, It was proceeding dangerous innovation on
legislative action he wished it exposed in ITS true CO.
lors This the first time when it had been pro-
posed to perfect legislation by calling the people for
their assent and to borrow power most foreign and
unknown to the terms and provisions of the Federal
COM act lie asked the gentleman from Virginia If 1t
would not have been better il he had proposed to call
the people ofthe States to ray this act OF Govern
ment than to have made it dependent on their Legis-
latures III could vote for the amendment con-
templa,ng new feature in legislation. This was the
most important question that would present. itself dur
ing the session. and he pressed Senators on their ulii
mate responsibility, To oppose this measure. For his
part his hands were clear from doing any such Vo-
ence to the principles in which he had been educated