Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1844-04-04


the right TO incorporate Bank, it would be I'M
wise and inpoliiic to restrict its operations within
such narrow limits as the District of Columbia
They apprehend no dangers from the exercise of
The powers which the people of the United States
have conhded to Congress but believe that in the
exercise OF these powers tha1 body will render |
themselves subservient to tho great purposes of
our national compact" The House on the same
day agreed to the report, and the following the
Senate concurred.
We have yet another authority entitled to equal
respect from all good Democrats. 1t is the voice
OF Pennsylvania--tho Keystone Of the Democrat
| tic Arch
! On the 9Th June 1882, the General Assembly
adopted the following resolution:
" That, connected as the prosperity of agrcul-
lure and manufactures is with the successful f.
nancial operations and sound currency of the
country, we view the speedy rechartering of the
Bank Of the United States with such alterations
as may secure the rights of the States, if any be
necessary, as OF vital importance to the public
welfare"
We have not the journal before us at this time,
and therefore cannot give the precise vote on the
adoption oil this resolution, but if our memory
serves us truly, the number Of dssenents did
not exceed four or five.
| We might add to this list the solemnly record
| ed opinions OF other States. But we are satisfied
with the sanction of Virginia, New Hampshire,
South Carolina and Pennsylvania, because they
GRAIN 10 be the true eNpounders of the Democratic
laith Their creed is before the public,-
and we turn them over to the Richmond Enquirer
LOT accommodation dissolution as NAV best
comport with the views of the great head of the
| Church
10 crown all we will add one quotation from
GENERAL JACKSON'S Veto Message in 1899.
lie says ga BANK Is CONSTITUTIONAL;
but it is the province of the Legislature to deter
mine whether this or that particular mower, prv-
iege, or exemption is Unnecessary and propcr'' to
enable the Bank TO discharge its duties to the CO.
vernment, and from their decision there is no APP
peal 10 the Courts Of juslice.''
Mark the language " A BANK is CONSTI-
IUllONAL:" what say you 10 that Mr. Ritchie?
In 1881, Mr. Madison, in his letter to c. j. In
gersoll, distinguished Democrat of Pa, now
member OF Congress, states his reasons for APP
proving the Bank of 1916, in the following
words:
" The act" he observed, " originally establish
Ing the Bank, had undergone ample discussions
In It's passage through the several branches of the
government 1t had been carried into execution
throughout period of twenty years, with annual
legislative recogntions; in instance, indeed,
with positive ratification of it into new State,
and with the entire acquiescence of all the local
authorities. as well the nation at large: TO all
OF which may be added decreasing prospect of /
any change In the public opinion adverse to the !
consutuilonality OF such an institution" AvETo
FROM THE EXECUTIVE, UNDER THESE cIRcuMsTAN-
cEs, WITH AN ADMISSION OF THE EXPEDIENcY AND
ALMOST NECESSITY OF THE MEASURE, WOULD HAVE
BEEN DEFIANCE OF ALL THE OBLIGATIONS DERIVED
FROM COURSE OF PRECEDENT5 AMOUNTING TO THE |,
REQUISITE EVIDENCE OF THE NATIONAL JUDGMENT |
AND INTENTION"
In 1872 the question Of the constitulionality of
The Bank OF the United States came up for adiu- |
dIca'ion in the of McCulloch VS.. the State of
Mary land. The cause was deliberately argued, |
ana received the most careful and profound con.
sIderatlon of the Court, over which JOHN MAR
SHALL then presided. That august tribunal
came TO the following conclusion, W hich was an.
nounced by the Chief Justice.
AFTER THE MOST MATURE DELIBERATIoN, 1T
is THE UNANIMOUS, AND DECIDED OPINION OF THE
COURT THAT THE Act INCORPORATE THE BANK
OF THE UNITED STATES is LAW MADE IN PUR-
sUANcE CT THE PROVISIONS OF THE CONSTITUTIONS
AND is A PART OF THE SUPREME LAW OF THE
LAND"
II human authority be worth any thing, where
can we find any entitled TO more consideration
and respect than the unanimous Judgment of such
tribunal, pronounced by JOHN MARSHALL!
But we may be met with the objection that all
me arguments we have adduccd in favour of a
Bank, derive their authority merely from prece-
dentS. Suppose we concede this TO be the fact
whence does the Executive derive the power to re-
move all federal officers from olfice-not OILY for
cause, but aOHhoat cause? Is it one of the emu.
merated powers in the constitution We defv
any man TO put his finger on ii! 1t is only a
constructive or incidental power, and it rests en-
clusIvey on a single decision of Congress in
1889, and the precedent there set has been acqui-
esced in TO this day. In other words, that ire
mendous power, in the hands of one man, rests
upon the authority Of single Legislative prece-
0enH And yet we are told that repeated re-
cognltions, under varied circumstances in acts of
Inc Legislative, Executive and judicial branches
OF the Government, accompanied by indications
In different modes of the concurrence of the gene
raj Will of the nation" afford no sufficient autho-
rity Tor regarding constitutional question set
tied
For our part, believe that the people, by
their appropriate agents, have tho power not only
10 mare constitution in the first place, but they
nave the power also TO determine, by agents Sc
ected Tor that purpose, ,ch0t IL means after it is
made. we believe the Contention was the agent
OF The people to frame the Constitutions and that
the J"d,cidyy in ordinary cases, is the agent of
me people TO interpret it. 1t would be strange
doctrine indeed, If the people who are the source
oil all political power, were held incompetent TO
appoint tribunal to decide constitutional questions
as well as to frame constitutional provisions = I
Upon what does the authority of the Constitution ,
OF the United States rest? On tie tciH of Tie
people expressed through the State Conventions a
VINO were their agents in adopting it, And on C
what does the authority Of decision of The Lee
gislative, Executive or judicial department resi-
On precisely the same basis--Me ,oiH IF lie DeoDle
eIprcsscd ~ their constitutional agents! By wha, |
authority then shall we say that the decision of o
one set oil agents is binding, and that of other n
agents equally accredited by the SOVEREIGN peo- =
pie. is OF no FORGET Verify! this is sort Of re-
PubIIcanlsIn, or democracy if you choose, which II
passeth onr comprehension ! "
Upon the authority Of Legislative and Judicial e
precedents, we refer our readers to Mr. Madison's #
eteT to Mr. ingersoll dated 25th June, 1881. 1t :.
IS too long for insertion here, and vet not a word
,ar hp nf,ftf tod fl,,,s -.