The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-08-28


rs against il IS if the form Of that power which had
been reported by the COMMITTEES were persisted In But
nevertheless did entertain the most ident hopes
and expectations that the bill would receive the sane
ton Of the PRESIDENT and this motive, although not
the immediate one, had great weight in the nroduc-
lion and adoption Of the compromise clause. ! kne"
that friends who would not vote for the Dill az re-
ported were actuate.i, as they ayowed by CONSIDERS
lions Of union and harmony. growing out OF suPls1I
views of the President, and presumed that ne wouiu
not fail To feel and appreciate their sacrifices but
deeply regret that were mistaken NORTHUMBERLAND
ing all our concessions made In genuine aho s'i.
cere spirit Of concaiion the sanction Of the rresuen
could not be obtained, and Inc Dill mas pee' iS'ui
by him with his objections. .
And | shall now proceed TO consider those ONES
lions with as much brevy as possible but win me
most perfect respect official and PERSONAL towards inc
Chief Magistrate.
Iish National Bank, TO operate per 50, has been
question from the origin OF the Govern
ment, the President remarks: Men most justly and
deservedy esteemed for their high intellectual endow-
ments their virtue and their patriotism, have IN re-
gard 10 H. different and conflicting opinions
Cong crosses have differed The approval OF one Piesi-
dent has been followed by the disapprosai OF an
other"
From this statement Of the il may be inferred
that the President considers the weight of authority,
pro and con- to be equal and balanced Bnt II he IN
Tended TO make such army Of tiff he intended 70
say that il in equilibrium must respectfully,
but most decidedly, dissent from him. think the
conjont testimony Of history, tradition, and the know
ledge Of living witnesses prove the contrary. How
stands the question the opinion of Congresses
The Congress of 1891, the Congress of lsl3-l4 the
Congress Of lS5-'l6, the Congress Of lS3l-32 and,
finally the present Congress, have all respectively and
unequivocaily, affirmed the existence OF power IN
Congress to establish National Bank TO operate per
SC. We behold, then, the concurrent opinion Of hve
different Congresses one side. And what Con-
gress is there the opposite side The Congress OF
1917 was a member of the Senate IN that year
when il decided by the casting vote OF the Vice Pre-
sdent against the renewal of the charter OF the Old
Bank Of the United States And now here, IN my
place. add the testimony already before the pubic
by declaring that it is within my certain knowledge
that that decision of the Senate did not proceed nom
disbelief Of majority Of the Senate in the power o.
Congress to establish National Bank, but from com
bine considerations Of expediency and constitution
atty majority Of the Senate, the contrary as
know, entertained doubt as to the power OF Con
| gress Thus the account, as 10 Congresses, stands
| five for and one or, at most not more than one
| against the power.
Let us now look into the state Of authority deriva-
bio from the opinions of Presidents OF the United
States President Washington believed in the power
Of Congress, and approved 2 bank oil. President
Jefferson approved acts extend branches into other
parts of the United States and to punish counterfeit
ers of the notes Of the bank acts which were devoid
of all just fcation whatever upon the assumption OF
the unconstitutionaty of the bank. For how could
iced upon the counterfeiters OF the paper OF cor
poraton which into existence without any au-
thoriiy, and in violation Of Constitution Of the land
James Madison notwithstanding those early scrupes
which he had entertained, and which he probably still
cherished sanctioned and signed bill 10 charter the
late Bank of the United States. 1t is perfectly well
known that Mr.. Monroe did entertain any scru-
Piles or doubts in regard to the power OF Congress
Here, then, four Presidents of the United States
who have directly coateray borne official testi-
/ haa IF tha kapk IN snp-
gress. And what President is there that ever bore
unequvocally opposite testimony-that dsapproved Q
bank charter in the intended by President Tylcrl
Gen. Jackson, although he did apply the veto power
TO the bill fol rechaIering the late Bank of the Uni
ted States in 1882 it is within the perfect recollection
Of US all that he not only testified TO the utility OF a
Bank Of the United States, but declared that, if he
had been applied TO by Congiess, he could have fur
nished The plan of such bank.
Thus, Mr.. President, perceive that, in review
ing the action Of the Legislative and Executive de
parments of the Government, there is vast prepon
derance Of the weight Of authority maintaining the
existence Of the power in Congress. But President
4 Tyler has, presume unintentionay, wholly omitted
to notice the Judgment and decisions of the third CO
ordinate department Of the Government upon THU
controverted queson-that department, whose inter
pretations Of the Constitution, within its proper jurls
diction and sphere of action binding upon all
and which, therefore, may be considered exercising
a controlling power over both the other departments
The Supreme Court of the United States, with it,
late Chief Justice, the illustrous Marshall, at it
head, unanimously decided that Congress possessed
this bank power; and this adjudication SUSTAINED
and re-affirmed whenever afterwards tho question
arose before the court.
A fter recounting the occasions, during his public
career, on which he had expressed opinion agans
the power of Congress to charter Bank OF the UNI
| ted States, the President proceeds TO say Enter
tanning the opinions alluded TO- and having taken thi
oath, the Senate and the country will that cou
not give my sanction TO measure of the characte
described without surrendsring all claim to The re
spect of honorable men-a confidence on the part o
the peopleal self respectnll regard for moral ant
religious obligations without observance Of whic
no Government can be prosperous and no people ca
be happy. II would be to commit crime which
would not wfuly commit to gain any earthly reward
and which would justly subject me to the ridcule an
scorn Of all virtuous men,"
Mr. President, must think, and hope | may be al
lowed TO say, with profound Difference TO the Chic
Magistrate, hatit appears 10 me he has viewed with to
lively sensibility the personal consequences to hin
self Of his approval of the bill and that, surrender
ing himself to vigid imagination, he has depicte
them in much too glowing and exaggerated color
and that it would have been most happy if he ha
looked TO the deplornbe consequences of vet
upon the hopes the interests and the happiness OF hi
country Does it follow that magistrate who yield
his private Judgment To the concuIrng authority
numerous decisions, repeatedly and deliberately pre-
nounced, after the lapse of long intervals, by all Tn
departments of Government, and by all parties ineu
the dreadful penalties described by the President 2
Can any man be dsgraced and dishonorcd who yIell
his private opinion to the Judgment ofthe nation
this case the country, Il mean majory) Congress
y and according TO common fame, unanimous Cab
net, were all united in favor of the bill Should an
, man feel himself humbled and degraded in yielding
the conjont force of such high authority Does an
man. who at period of his life shall have express
ed particular opinion, and at a subsequent perio
shall act upon the opposite opinion, exp himself
the terrible consequences which have been portraye
by the Presidentl How is il with the jadge, in ii
case by rare, who bows to the authority
repeated. presidents, settling particular question
D whilst in his private judgment the law was othe
: wise3 How is it with that numerous class of publ
men in this country and with the two great partie