Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-08-30

4 PRECEDENT could not be obtained, and the bill la
: been returned by him with his objections.
And shall now proceed TO consider those oblec
} tons, with rs much bievi'v ~ possb'e, but VIII
the most perfect respect Official and persona, 10
wards the Chief Magistrate.
After stating that the power Of Congress to IS
tab ish national bank, to operate per So, has beet
a eontrcNerted question from the origin Of the Go
Netnment, the President remarks "Nien most Just
| ly and deservedy esteemed tor their high intelec
tuhl cndowments, their virtue and their patriotism
have IN regard TO IL entertained different and Goa
| fleeing opinions. Congresses have differed. Tn
approval Of one Pres dent has been followed 10y
the disapprovel ct another"
| From this statement Of the case il may bc infer
red that the President considers the weight OF au
thonty, pro and con, to be equal and balanced
But II he intended To make such array Oft
he intended to say that 1t was IN equilibrium
must respectfully, but most decidedly, dissent fron
hin:. think the conioint testimony OF history, ira
diuon, aud the know edge OF living Witnesses prove
the contrary. How stands the question rs TO the
opinion OF Congresses The Cong,ess OF 1921, ID,
Congress Of lSI3.lI, the Congress Of ISl5-I6 the
Congress ISSlS2, AMI finally, the present COngrcsS
have all respectfully and unequivochlly, affirmed III,
existence Of power IN Congress to establish Ma
tiontl Bank 10 operate pItSs. We behold, thcn tho
concurrent opinion OF hve different Congresses on
one side. And what Congress Is there the opposite
! s.del The Congress OF ISM | was a mcmbeI
OF the Senate IN that year, when II decided bY the
| casting vote of the Vice President, against the re
neNaI OF tne Chartcr OF the Old Bank Ol the United
States And now here, in my place, add 10 the
testimony already before the Public, by dec arng
that II IS within my certain know edge, that that
decision OF the Senate did proceed from diSbe
| lief OF majority Of the Senate in the power OF
Congress TO establish National Bank, but from
combined considerations OF eNpodiency and cons,I.
tutlonal'y. A majority Of tie Senate on the con-
trary IS know, cniertiined doubt the power
Of Congress. Thus the account, as To Congresses
stands five for and not one, At most not more than
one, against the power.
Let look into the state of authority dcr-
vaOe from the opinions OF Presidents oi the United
States President Washington believed IN the pow
er OF Congress, and approved a bank bull Presi
dent Jefferson approved acts to extend branches
into other paris OF the United States, and TO punish
coUnterieiiers Of the notes of the bank-ac which
were devoid OF all justification whatever upon the
assumption OF the unconslltutionalIty Of the bunk
For how could branches be ext.uded or pun shmeus
he lawfully indicted upon the coun .rteiters of the
paper of a cnrpor ton which came into existence
without any authority, and IN y0'aiiCn {. the Con-
S:itutiou OF the anil james Madison, notwith-
standing those early scrupleS which he had enter
tanned and which he probably still cherished sinc
toned and s!Sne' Uu. TO charter the late Bank of
the Unlei States. IL IS perfectly well known that
MIR Monroe never did entertain any Scrup.ss or
doubts m regard tn the power Of Congress. Here,
,hen four Presidents OF the United States who
have directly or cc'iaterly borne official testimony
To the existence . the bank power IN COnsreSS-
And what President is there that bore uncqui-
vocaly opposite lesilmony-ihat disl pproyed bank
charter IN the sense intended by President Tyier-
General Jackson, although he did apply the ye,a
power To the hIl for rechaTtering the late Bank OF
the United States IN 1882 It Is within the perfect
recollection Of US all that he not only testified the
utility of u Bank Of the United States, but declared
that Il he had been applied 10 by Congress, be
could have furnished the pan OF such bank,
Thus, Mr. President, we perceive that, IN review
ing the action OF the Legislative aud Executive De-
partmeuts Of the Government, there Is 4 vast pre-
FaH &c.,. HaN . .H....
the existence OF The power IN Congress. But Pre-
slten, Iy er has, presume urnlenuonal.y, who'll
w omitted 10 notice the judgment and decisions of
the third co .Crtlr0'e department ct the Govern
men UPON this c5ntroverled questiou-ghat dep1rt-
msni, who.e Iniyrp'epato Of the Constitution,
within its proper jurisdiction aud sphere OF action,
are binding upon ai'; and winch, therefore, may be
considered as exercising controlling power over
both the other departments. The Supreme Court
OF the United States, with rs !a;c Chief Justice the
Il'uSrious Marsha. 4 It's Geld, unanimously decli
ei that, Congress possessed this bank power; are
this adjudication was sustained and TCa filmed when
ever 81 C.yaTiS the question arose before the court.
Aier recounuus the occasions, daring lis public
clrcer, on wEch ne had expressed an opinion
gains, the power Of Congress 10 chlr.sr Bluk of
the United States, the President proceeds To say:
"Enteri,IlIng the opinions alluded 10, and having
taken this oath, the Senate AMI .Gc country vii
that could not give my sanction TO measure of
the Character described without Surrenl-rGs al.
claim 10 the respec. Of honorable men-aI conf
'dence on the part Of the Pcop.e-all setrespcct-
all regard for moral and religious obligations;
without an observance OF which no Government
can be prosperous, and no people can be happy Il
! would uc 10 commit a CRIME which would not
'w!u,y commit 10 gam any earthly reward, and
which would justly subject me 10 the rdlcu,e and
! 'scorn OF a.l vIr;uOus men"
MIR President must think, End hope may be
allowed 10 say, with profound difference 10 the Chief
| Magistrate that it appears 10 ne he has viewed
with too lively senso.IlY the personal consequent
ces 20 himself Of his approval OF the oil; end that
surrenderlns himself 10 vivid Imagination he has
depicted them IN much TOO glowing and exJggera.
TED cOloTs and nat u would nave been most happy
1t he had locked more TO the deporabe consequent
ces OF veto upon the hopes. The interests aud the
happiness of his country. Does it follow that a
magistrate who yields his private judgment 10 the
cOncurrng authority Of numerous decisions, repeat
eddy and deliberately pronounced, after the lapse OF
long intervals, by all the departments OF Govern
meni and 10y al! parties, incurs the dreadful penal.
| ties described 10y the President Can any man be
disgraced and dlshonorsd who yields his private
opinion 10 the judgment OF the naIOni In this case,
The country, Il mean a malo.iiy,l Congress, and,
according 10 common fame, an unanimous C1Jnsr,
q were all united in favor OF the bill. SiOud any
man fee, hmseI. humb.ed and degraded IN yIt.Ilug
TO the conIoul force OF sucR high euihOri.y2 Docs
any man, wn0 at one period OF his life sha have tx
pressed particular opinion, end alta subsequent pc
Rod shall act upon the opposite opinion, expose
himself 20 the terrible COnseq IuHcss hch have been
portrayed by The President How IS u with tie
Judge, 10 the case by no means rare, who bows 10
the authority Of repeated pcecedents settling par
tIcuar question, whilst Do hrs private indignant the
law was O,herwisci How Is 10 with tina. numcr
Gus class OF pubic men IN this country, and with
the two great parties that have divided i Who At
different periods, have maintained and acted on Op-
posre opinions in rcsPec. TO this very bank ques
tom
How is IL with James Madison, the Father OF the
Constitution that great man whose services to hs
country placed him only second 10 WILMINGTON
whose virtues and purity in private iIts-who.s
patriotism, intelligence, and wisdom IN public cOun-
ci.- stand unsurpassed lie was a member Of tne
Natona Convention that formed, and Of the Vir-
gina Convention that adopted, the Constitution
opposed n 1871 10 the establishment Of the Bank Ot
in 1916 be approved AMI signed the charter Of the
Bank Of the United States. IL is q part OF the Sc
CTei history connected with the first bank that Jas.
Madison had, az the instance Of Genera. Washing
ton, prepared veto for him in the contingency OF
his rejection Of the bill. Thus stood James Madison
when IN 1915, he applied he veto 70 ui' 20 char.
ter bank upon considerations of expectancy, but
with clear and express admlss N Of the existence
OF q constitutional power IN COu-r,se % charter
one. Ia 1916, the n which was then presented %
him bLIng free from the objections applicable, tutt
OF the previous year, he sanctioned end signed Il
bi JHmae Madison sur CUIcr call c1im 90 tre zee
spect 60. honorable men al. conf isrce Dn the gar,
Of the Pc0pIC-n.I sef-rcFpro.-1I. regard i0r mora
. and religious ODIgluous7" Did tire pure. the viz
,uuus, the gi'tCI James Madison, by his sanction
and -na'ure TO ,le charter Of the lito Bank OF the
. Jniteh states, comm. crime which Justly SUBJ