Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-08-06

ny '.a;aned Il Yet he was the head aud leader OF
The narty who had previously been opposed 10 lne
pt who held as strong notions IN relation 70 ts un-
cons,itntionallly any OF those most opposed 10 "
- ;,nirr bin to establish branch OF the IN
.,,,,sor he virtually sanctioned the establishment OF
: an, Rank This i'll le0l. Previously, IN lou, ,
,h. Commissioned of the sinking iund, established
~ 40 n,vmeut of the National Debt, had been au-
thorzei to sell The stock oil the BANK lot "
,ho limited States the sale was made and the iu
- ~ The stock received inlo The Treasury.
,si1 The charter Of the first bank expired, and
60. ,hat time down To 1915, the financial affairs Of
the country had been state OF perfect coninson'
onnormnity had been afforded then, us now, 10 nh'V
-, 10 advuntaue of the Government and OF each
o,her ejaculation abounded, dealcations multiplied,
and AFFAIRS became worse from day to day. TIL then, as
80, lilo community cried out with one united voice,
81 let us have Bank of the United states. III.
for the charter of Bank was accordingly orou5h'
;nto CONGRESS- passed both Houses, and was sent 10
NJ M,dsson far his signature That great man had
moi only been opposed the incorporation OF the rst
hank but in that rs III all else he did, had signazeu
himself by the zeal and ability he dlsplayeu nc "1'
in fact one of the chief champions OF lhose :" no ia''
tanned the uncons,itulonaiy OF such an lhs'tu'oi'
more especiaIly after the adoption OF the memoia-
BILE resolutions Of 795 when he considered also
as a Waterman peculiarly commissioned to watch over
tho ,,nctity of what then 10 be known as the
Estate Rights cause. Mr. Madison returned the mn
with objections however to It's consiitutionaiy,
January 30, ISIS and in the following year Congress
passed Bank charter which removed his objections to
The expedrency and he signed the bill. Here then,
were the illustrous names Of Thomas Jefferson AMI
lanes Madison the one affirming the power OF Con-
uress to extend the powers Of bank already in exist
ence the other to establish bank. There they
stood in company with the name Of George Washington
on the records OF the Government as sanctoning lhe
power MIR s. stood upon The record NOR womb u
do tell him that the assent was extorted by necessity;
the moment any man resorted 10 mat argument, nc
ndcred the question OF unconsttutonaii IT the
charter was rendered constitutional by OF urgent
necessity then it was constitutional now, the necessity
only being shown TO exist.
Congress had again been called to vote on the ques-
ton in 1887 II had then more than glimpse OF that
urea substitute for all things called the Sub Treasury
or the pendent Treasury" To prepare the way
for that favoTte measure, the Chairman OF the Com
ui,tee Of WAYS and Means had brought IN resou.
ton declarlnn-what that 1t vas unconstitutional 10
establish Bank Of the U. s.: No-but that II was IN
erpcdienf hich must be construed TO mean that, as
the Sub Treasury would be- adequate TO the supply of
all the fiscal wants Of the Government, therefore Ma
tlona Bank would not be required. Would gentlemen
Tell him that under this allegation, VIZ: that TO create
Bank was xpedent, there was contained the propo-
sition that was unconstitutional Tins would be 10
atempt to do what less intellectually than ply
sically impossble make the less contain the great
or if The Bank was unconstitutional, then the ques-
ton OF It's expedency not OPEN u then The House
voted il 10 be nexpedent, they voted IN way which
implied that, if il had been expedient they would have
had right 10 grant charter.
This, Mr. S. said, hasty glance at the eglsla-
tive action in relation to the question: and without go
nG any further he might here stop and ask any can
did man would allege that National! Bank IS IN
itself unconstitutional:
lie mex, proceeded 10 look at the judicial rccogni.
lions Of It's constItutionay which had taken place-
They were, indeed, infinite numerousior particular
reference and in every variety oil form; but without re-
aardinr these Congress had two express and solemn
decisions the direct question, VIZ one IN The cele.
brated case of McCuoch the State Of Maryland, and
the other that of Osborne against the Bank ofte u >
What was the question: 1t was one which arose
under the Constitution and laws Of the L. 5; and what
was the jurisdiction of the Supreme Court on such
questions, Ii final and conclusive over all subor-
dina,e tribunals its decision settled the law In Tins
case its Jurisdiction exclusive and every citizen
minht 90 into court with its decision as beng oil hnal
authority against which objection would lie rs to
the unconstitutionality of the Bank What anomaly
would it be that that which declared by the supreme
tribunal of the country TO be constitutional law, ond.
ing on the whole land and every individual i'll il, should
be held not to be constitutional If man should be
sued by the Bank could he plead that The Bank was
not constitutional; Certainly not because lis constr
tutonaty was settled question.
lie did not indeed pretend that the authority OF such
a decision extended TO opInons-it was not necessary
TO insist on any such thing but II extended to rights
A man might retain the same opinion alter the deci
sion that he held before il, las happened IN all courts
every day) bu when the question as 10 the right
Of the country have what according to the language
OF the old Congress, "ndlspensabe TO IT, then no
Al liberty TO contforcrt their right any more
n than he would he III court
On this point Mr.. S would lay down modest and
reasonable proposition, which he hoped none would de
ny lie had referred to MIR. Jeiiersons signing bill
for the New Orleans branch in le04, and MIR. Madison
signing the charter of the bank 1916 after having
= hipct pu IN n he
sidrred the question Of consuonaty settled, no
only as 10 the existing bank, but the general ques
ton of the rights Of the People of the u s. 10 have
4 4 bank whenever they wished Il. Now, lie asked
whether, in signing that bill, Mr.. Madison had eve
been charged with contradiction: MIR. s. Ind neve
heard the charge from any quarter Dad these tw'
Presidents abandon their duty on signing these bills
Was il their duty, because they had originally enter
tanned the opinion that Bank unconstitutional
or because they might still entertain that their prl
yaie opinion, as Presidents Of the United States, Il
veto the bills submitted to them Was it 4 dereic
ton Of duty not do so MIR. S. insisted that when
in his official capacity, President was called upon, a
an act pertaining his office, 10 sign bull which hac
passed both Houses Of Congress, he was not bound L
adhere TO his private and personal OPINION, but
yield his judgment 10 the official settlement OF thu
question.
II might be thought by some that Mr.. S. should g
further, and say that in such case, President was
bound sanction the law but he did not choose to q
Magistrates to take the position that they were, as Pre-
sdens, left perfectly free TO do whatever they shonl'
Judge the e1igencrs Of the country TO require he
did not wish them be held slaves, FAST bound by
any previous private aud personal opinion, but as Pre-
sdcns feel themselves at perfect liberty 10 respond
as Mr. Madison had done, TO the call Of the People, II
cases where the constitutional question had been set
tied by all Of official decisions. The language o
Mr. Madison remarkable for nothing more than To-
its accuracy he was full-mnded man, but, nj th,
san mn n mos nEp and NrI III ,
never employed useless unmeanng words; nor dc
he leave the he intended 10 express doubtful
obscure. "Waiving the question OF ccnstlnlonailty.
1t might be asked, what right had President Of h'
United States 10 waive the question OF the constitution
atty Of any thing lie had none-none whatever
he bound by his oath to support the Constitution
the United States. What then was his meaning liz
waived the question because there no longer an,
{ question undecided the question had been settled
Although he might privately have thought otherwise
nay although he might still be Of the same opinion
yet when he cast his eyes the whole land and
Il filled with the monuments which proved the cues