Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-08-18

H..
erot, hiitudn0rian or strict constrnctionSt wbis q
locoioco Not one aud yet even this proposals 10,
was not rejected. Ii was, as you have seen refer
rcd 10 committee; and. On the 22d August
The Honorable Mr.. Rutedse, from the comma,
tee tn whom sundry propositions were referred OF
the lS,h and 2u;h tnS,ant, informed the House tn,
the committee were prepared to report He thcI
read the report IN his plAcc."-(Pase 277O
will not read the report, MIR. Chaisman, for IN,
want OF time but he book is at any sertIema n,
service, and, II he ~i,l examine the repori he will
mo nothing coniHlred m II respecting charters oil
Incorporation, 50 that kl' proposition never " as yoi
ed on, aDd conScq GCnt,y never was rejected Butt
It had been, It would have been a very different
question from refusing To give Congress the mower
| 10 incorporate bank. And again: If they Rad n,
fused by dtrcc. vote to insert the speclfc po,yer
1t would not have proven that Congress had no
! power, because they had already given Consrcss
power 10 10 sn, u It was necessary and propcr and
II II IVES not necessary aud proper, then there was
no occasion for giving the direct power.
Here Mr. Bolts was interrupted by some gentle
mar, who said that Mr.. Madison had said i was
proposed and rejected
No, sir, continued Mr. Bots, Mir Madison. in his
speech on the bank bl,, IN 1884, confirms the Jour
nal nave it before me, aud will read il. | read
rom the Congressional debates OF the first Congress-
MIR. MAuIsoS said.
His impression might perhaps bc the stronger
because he well reco iccted shot a power to Grant
SnaI.etS OF incorporation mad been proposed IN the
Genesa! Convention, and rejected"
But, sig, suppose MIR Ma son had said So. teven
If II had oeen So, have shown that It wou!u prove
hoihl"S,l would you not sooner rely upon the Jour.
mai than upon Mr. Mads1n'S memory, or the me-
moFy o. any o'her individual You must be gov
efned oy The record. But, IN addition to that YOU
hau other authority, quite high as MIR Mad sons
You had the action Of the Father OF his Country
10 prove IT, He vas not only a member OF the
convention, out rs presiding officer; aud he as
President OF the CnUei States, decided that Goa
cTcss had the power, auJ signed the first hank bill
lie was no; the man 10 USurp or abuse power, or
suffer u 10 be abused, although the dlmagucucs of
me DAY enieavoE 70 hold 81. men Up enemies TO
wise msu thought
What more d,d MIR Madison say in that spccch2
WILL gave you few extracts worthy of particular
notice:
"Waere a meaning Is clear" says Mr. Madison.
'thc consequence, whatever they may be, are TO
De Admitted, where doubtful, Il IS fairly lriaU.e oy
It's conssqucUcCs'
This, az the least, mus, DO admitted as a doubtful
question: rs consequences have been tried, and
have proved to be beneficial.
in controversial eases, o.; meaning Of tic parties
10 the instrument # 10 he collected by reasonable
evidence, is % proper guide
The FSrUes n that instrumental mean a MAORI. /
~ OF tie I'D thirteen Safes standing on tuIs olss.
ton, al this time, zen 10 three, and Of the Iw ,nty-
SIX : acS nineteen 10 seyeu-hlyu declared m favor
o.. he power; ami OF the whole People, through 7
sHeir Representatives, you wi. find a majority of
ciaunS IN favor OF it.
Contemporary and concurrent expos.tions.~ cor. !
undeS Nr Madison, "aTc a reasonable evidence of
the meaning OF the parties"
THIS was said before the contemporary and con- .
current eTPosI'IonS were given by the frumers OF .
me Constitution, VINO Immediately after furnished .
N.elf exposition uy vote IN i1vUg OF the bank: 20
ihos MIR Mal!sUn's tests are a. 10 our favor
Sr, thus thought and thus acted our Rcvo VI ona-
~ s''s' Who themselves framed the Constitution, /
when 10 1871 Iacy established the frs Bank o.. the
q nigt states. On that occasion GTtugrl. Wash.
ns.on, VINO was always cautious, prudent, and wise
asked the opinions Of his Cabinet council; aud .
among o.he.s was That Of hlg Jefferson, waIch .
propose 10 advert 70.
Far, very far, De j, from me, Vi. Chairman. TO
speak IN terms uf ds!CspGct Of tina, lsiTious eli.
zen and distinguished statesman; but my respect
Tor MS memory s.I.. no: deter me from q fair and
cAnd % ex animation OF his opinions or an stt.nlst
TO sHo" inli be, whose great name has kept the
minds Ui lrge potion Of the politicians OF Viz
gina 800 state Of thra.agm ami ssGv.,y for the
osi 10 years, without the freedom 10 think and the
nerve % 1c', delivered an opinion on this occasion
m writing, 10 Gen. Washington that is no, entitled
20 ana cauuo. receive the resPe;; OF intelligent
mluls.
SIR, this vas q CONSTITUTIONS, power tina, was TO be
settled, and before read from Mc Jglters1a's Crin-
i"Gs .et me read clause OF the Constitution. The
On article, p Clause Declares
This Constitution and the avs OF the United
pursuance
ana all treaties made, " which shall be made under
The authoTl y Of the United Safes shall be the 81
preme slw OF the and and the Judges m every Stale
shall be bound thereby, any thing in the Con.
stiiuuon or avs OF any Safe to tLe contrary not
Now i1r Mr. Jelisrson's constitutional opioion.-|
He acgins:
The bill establishing bank undertakes, among
other things.
lst. To form the subscribers into a CORPORATION.
%. 10 enable lh=m.n their corporate. clpacl.ies
10 receive grants OF and; and far Is against the
glcs of mOrlma.n
81. To make alien subscribers capable of hold
ng rnis; and so 'ar Is against the lar Of aierare
b. 10 transmit these lands on tn daatl ola pro.
pretor to q certain lInc OF SUCCESSORS; anu so far
changes the course Of dgscHnts.
SIN. To put the lands CUT Of the reach Of forfeit.
,Ire and Cscuea and so far is a-ains: the Illes nj
forfeiture and escheaLn
Oh. To uarsml, personal cha,.els to successors
10 certain ,Imej aud so !lr is against the lIirs
Of distribution.
7th. To give them the sole and cxclus " rf-lt of
banking under the rl.ona. authority; and So far is
against the laws Of monopoly.
S.n. To communicate 20 them power % Ike avs
paramount 10 The avs Of tue Sites for so thew .
must be construed 10 protect the institution from The
.ou.ro. OF the STATE Legislatures, and so, probably,
hey viii Ug construed"
Now, sr, where is the constitutional difficulty
expressed Goo 0.i thrsi |, is put on the ground OF
iulAN'N OF certain olile laws. Wei, suppose ] .
= ere 20 reason here against the constitutional pow.
sr OF Congress TO pass the JI. because % violated
ome " Of Virginia, what would be thought OF
net III could fortunately show that 0, violated /.
'oms ordinance or law Of South Carolina, ,heu
nlok We could make pretty strong case for nu.
frruOn
Mr. Jefferson does no, stop here, i, is true. lie
then undertakes 90 snow, what every body will ad. I.
mi "thnt % IS not among the powers specially euu
me~1rcd."
"Nnr" ne says, doe It come within the power To .
I7y t7Nas." Nor does any body contend that 10 /
does; aud Doe then undertakes u sIcw that the term
necessary 300 the Constitution docs 40; mean cunyc.
uluurs, as' "lu..sFgu necessity" We'll, have {
already ouIgavOr,d 90 answer thpt most unrelsonl.
bile interpolation ct lhc Constitution. Fortunately I
for his fame, Sir, tie evidence nl his greatness doc,
not res. solely on this constitutional opinion; FOR, nj
IL DID, O. would be as reasonable to inaurr ,yhc,ber
be preferred Yankee cheese 20 dOuhio Gloucester.
rs whether .e VAS for 90 against bank. And vet,
rsm'GEa5olo aIy bis opinion the subjsr. Of Inc
bank ls mIrc ilgucnly alluded o., aud quo. ed as .
rI.ho-,v, tIsn any y..ar acr uf bis Ior. UIr. But,
% we look 10 o. pu', h.. us yus tD the whole, trI .
In iHa cuUc.ua ON o' hs opinion, 70 wholesome 7,I-
monitor rHy To-. fund.- for He 1erfra then "tp talk
like O. scholar and au auIIu1rau.' he slys:
"l' WY.t Boz added, how .yrr that unless ite Pee
slcuN5 mind, on view or every thing fInt IS ry.
iyr and against ilg 1., is lu.sra1y clear that Il
Unauthorized by he Cons Ifugru If the pro and con
hang So even as 20 balance brr 5.m-ul, iue, re.
sFer; for tho " siom of tie Legislature would M
t.m.y decide the balance iu favor of Their oa MON.
I'is chiefly i1r cases whore they clearly ris.cd
ny errors, AMBITION 20. interest," that the Corsti.u-
ton hos placed a check in The negative Of the Pre-
a.Irul"
SIR gg.tI tie ygr.yht Of ru,torsi,, tL,p and -,ys.