The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1841-08-12


sixsn might 20 is,o room sIsh ~ deei-
,sou n beire al Ensl SIMILARITY, against
= hirh 10 olieclion wnlli lie - . tl'r
uneousu,usionsliiy 81 Ihe ksnk. Nha'
N snomsly would il be lhaii thai ~hieh y
DECLARED ~ he snrrrme fsban'l q ne
coun,ry 10 be . eousnl1linnal lsw, bind-
iae on de whole land and every inditld
Oh ID il. should b. hsld mol 20 be ron
ssilo,ionsl! II . man shuu'd b tafd by
lie bshk, could he lead that he bank
uas NOT eansliluliansli Certainly noi (;
because il conslilulionsiliy vas sel'ied
Qnrslion.
lie dad NOT indesd pEslfhd that The az
sh0riy of surh = dscisIon extended 70 OPT
nions-i, as ROT neeesssty 10 insist on
any such ,hing: bui il extended 10 tights.
A man night retain the same opininA e.
,cr lhe i. cisinn that lie held before y. Ia
happened ~ ali seUr,. every day;l hu,
hen The qussiinn Was - 20 The right 81
ihe rouniry 10 haseu hat. according q lie
lsngusee OF lie old congsess. VAS IN
dlsps nssbls" % i. then no one MS 81
liberty 70 coarsssrl their right any more
han Re uould b. IL ranri.
On lhis poinI Mr. s. would lay down
> modest md re.nnable proposition. which
he hoped none Wnuid deny. lie hadIe
leued 10 Mr. JsfTrrson's signing b.ll for
The New Orleans branch in 1904. aud Nc.
Madison's signing The charter q The bank
in 1916. sfieT having. in ISIS. given has
objections 10 in lllai case lie con,iJered
lheqneslion Of consllnlionaliy settled. not
only as 10 the existing bank. but 90 The &C.
neral question Of the rights 81 The TeaPle
of The United States Ia have bsnk MhFn-
ever they wished IL. Now, he asked Hhe.
iher. in signing thai bill. Mr.. Madison had
ever been charged with eonlfsJielionl Mr..
$. had neser Heard The charge from any
quarter. Didsihese Two Presidents ahan-
doa their duly on signing these bile!
Was il their duiy. b,cause they had orr
ginally entertained The opinion Ihai back
was unconstitutional. or btesuse they
might sill entertain that a. their ersonsl
opinion. as PItsldsnis Of the u. States,
10 veto The bills suhmined 10 lhemi Was
Is q dereliciion at duty nOtta do sol Mr..
s. insisted that when, in his official ca
psciiy, a President was called upon. as
an act perIsiuing TO his cfTire. 10 sign =
bill which had passed both houses ol
Congress, he Nss mol bound 10 adhere To
his own private and personal opinion. bul
To yirld his judgment to the official settle
menl of the question.
Il nigh, be lhaughI by some ihst Mr..
$. should 90 further. aud say that. in such
case. President was bound to sanction
the law; but he did moi choose TO GO fur
lher. He thought IL more respectful 10
the Chief Magistrates 20 iske The posi-
lion that they we're, as Presidents. lefI
perfectly free TO d. " hairver they should
Judge the exigeEeies Of the country to re-
quue. lie did M, wish them 10 be held
>. slaves, fast bound by ATTY previous phi
vale aud rersonsl opinion. but rs prcsi
dents 10 feel themselves At prefer liberty
tn respond. as Mr.. Madison had done. ia
the call # the people. ~ Eases where The
constitutional question had heen sei'lcd
hy all SORTS Of official decisions. The
language of Mr.. Madison was reniaIka
bic Cor norIhing more Than for il sccurs
CT; lie was . lull minded man. but al the
sane time most accurate thinker and
wrlier. lie never employed useless oI
uumeanirg words; nor did he leate ih'
sense he INTENDED to express doubtful OF
obscure. &" Waving the question Of con
stiIuronali,y." Il might BE- a.ket, VIA
right had President Of The United State,
TO waive the question of the eonsutu,lon
Iuy Of sny ,hingl lie had none; non,
Whatever; he was bound by his oath Il
support the constitution OF the u. States
VIA, ,hsn Was his meaning! Tie wsiyet
the question because there was no loagal
any question undecided; tie quesuuI
had been settled. Although he might pr
saltly have thought Otherwise. nay. al
though he might sii!l beuf The same o; in
ion, vet wlea he ca,I his eyes over the
whole land, aud saw Il I'll ri auh the mo-
nupents mhich pn,sd The question lr
have been decided IN tie leg sla,iye, the
judicial, aud the executive departments o
the gose1nnrnl. aud by tie 10, ( acquies
csnce oI the Probe, he came To ,he just
conclusion thai, a. Piesidrm ul lie Unit
ed States. he had no qirsIIon 30 settle.
On this ground he waived The question.
Ills words ~ere: ,.Wsislrg tie question
Of the CONSTITUTIONAL auIhuIly OF The lie
gIslaiule 10 establish an incorporated
bank. as icing PREcLuDED. in my iuag
nlenf, By repeated Iecogul,lons. uudcr Va
red clreum stsRces, OF the Validity oi surh
an InsIIluiion. in acts &c the legislative,
executive. and judiei4l branches Of tie gu.
Sernmen', accompanied By Indications 81
different modes Of a concurrence Of lht
general will OF the nal0n." lie waived
Il; yes; but " hat dad he NAVEL Ills owl
private opinion. il he still held II: or Ll,
furmsr nplnion, as mure openly express
I'd. There was no longer question lpl
u