Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-04-12


i'Ji, wascarred through Congress against The strong
lts' remnnsirence of Jefferson, Madison, Randolph
and mary more He k pit the bill TILL the last moment
aA'"td .? tue Constitution; and al his request Ma
uisoh prepared fa1 .hcssage, which is matter OF
history Bat the President yielded to the nd vice of
Alexander lamilton then Secretary of the Treasury
man VINO leaned t, Monarchy-who advocated eve
~ measure which could strengthen the General &C.
vernen' al The expense of the States and who per-
sna"ed Inc President that it the only way t, pre-
serve the ration, and discharge the heavy obligations
of tho Revolution
/ with rsspec, 10 ar. Madison, AFFIRM that he never
chahged nus opinions relative to the powers OF the Go.
verhmeht 10 create Bank. But little while before
he oea' ne declared t, his brother, Gen. WIN. MadI-
SON. thal his opinions against the consttuonaty Of
Inc BANK renamed unchanged For thus fact we ha We
the evidence Of his accomplished nephew JOHN Willie,
ESQ oil Orange who had it from tie lips Of General
manson hlmselt-and we have it also on Mr.. W s's
authority, That Mr.. Madison declared In HIM that he
had prepared Veto Message for Gen. Washington at
hs reques.-and that he then had the paper his pos
SESSION IL IS also sad, that Mr.. Madison had pre-
pared paper signed by his honest and venerable
hand IN which he asserts his uniform opinions about
the powers OF Inc Government, the lack of power
the Government to create a Bank and that he signed
The BANK OIL solely out of respect the decision and
nclinali"ns OF other departments of the Government.
IL was, perhaps, Virtuous weakness, which, looking
10 The distresses OF the country, mpeed his superior
Judgment to succumb to such tempting consdera-
tons.
Inc federass insist, however, that the interpeta-
tons OF The Federal Judiciary have settled and ap-
proved the authority Of the General Government 10
create bank. Yet there is nothing in the Constitution
nor III The nature Of the Government which implies
hs mighty governing superiority of the Judiciary over
The o'hei Two branches Of The Government. The Con-
siitu;ion designed That The ordinate branches of the
Government should be co-equa and indie pendent Of
each other, WITHIN their respective spheres Bat any
argument which the right of the Federal Judges
to decide wha. laws constitutional and binding
and what not not only for themselves within their
sphere OF acton but for the Legislative mad Executive
also, III their proper sphere, would make the judiciary
despoc and supreme.
ms supreme, arbitrary power Of the Court is sell
dom asserted even IN England where The politician
is often discerned, through the robes Of the Judge
Blackstone expressly atims, that "the opinion OF The
Judge and the law never convertible terms or one
and The same thing; since the Judge himself may mis-
take the Inv In this country, judicial decisions are
often reversed even by the very tribunals which pro.
nounce them; and have been checked and defeated by
t'- public Will, when plain and ilgran. nrocticns of
tie Constitution.
In The of Marbury agars; Madison. when the
Federal Court tired 10 GORGE commissions from the
Government President Jefferson said "The Const tn
ION intended TINT the three great branches of the
Government should be coordinate and independ
ecch other As to acts, therefore, which are 10 be done
~ either II has gwen ~ control to another brunch
When different branches have to act in their respective
hnes finally and without appeal, under any law, they
may give 10 It different ard opposite constructions
Th"s, IN the case OF William Smith, the House of Re-
p-esentat'ves determined H. citizen, ard in lhe
case OF William Duane (precisey the sane in every
material circumstance } The Judges determined he was
30 citizen In the cases Of Calender and others the
judges determined the sedon act was valid under the
Constitution, cad sentenced them 10 fine and Impri-
sonment Bn, the Executive determined Tia, tie Sc
di'ion art was nullity under the Constitution, and
exercised his regular power Of prohibiting the execu
ton OF the sentence. From these different coasiruc-
tons OF the same act by different branches, lees mis-
chief arises, than from giving any OF them con-
troll over the Others On this construction have ever
acted THIS shall ever act, and maintan il with the
powers OF the Government against any control which
may he attempted By The Judges, IN suhverslon Of the
independence Of the Executive and Legislature, within
, their peculiar departments
| place this clear and solid reasoning Of Mr. JeTer-
above all The arbitrary sophstry Of The Federal school,
and hope The people will revere The sacred paa-
dun Of their Liberties
You cannot be unmindful, Fellow-c,zens of the
wicked and oppressive experiments which The opposite
doctrine has enabled the Fedealiss practice your
dearest rights. mad and reckless Legislature pass
ed the Alien and Sedtion Laws, md gagged The ber-
t. Of speech and OF the press President fred with
passion and revenge approved those monstrous laws.
And the Federal Judiciary pronounced them valid, and
armed them with the terrors OF criminal justice. And
If Judges i)cats in he Constitution power which
that instrument excludes; If precedent can bege pre-
ceGent, and usage rpen into law, arbitrary Fede
raj power will dvest you of the blessings which
written Constitution designed to secure. In fact
all that would be necessary 1, usurp Liberties and
change the Constitution itself would be boldly make
the usurpationand 10 obtain the sanction of high
, toned and prejudced Judiciary. Thus temporary
. Congress and based judiciary would make sab
ssn,,ay Constitution for u.s. instead Of tic osc
which The States had proposed in General Conven-
ton and thea adopted with all the solemn sanctions
sovereign power.
a DISCIPLE OF JEFFERSON.
ADDENDUM.
Our reply 10 the disngenuous Bank Nos in the
Richmond Wing, has been postponed under The pres,
; sure &c various other communications winch more
2 Immediately connected will, the Spring Elections We
have the whole Samrer before u.s. and we mean 10
diss pate gross and miserable sophsry, cooy
and completely at our leisure Besides, The character
OF humbqg completely stamped upon the face OF
them the object of representing the Bank RepuL
, lean measure impuden and The Arguments, when
brounht the scrutiny of truth. flmsy, that
there is no necessity for hurrying ourselves in the
task Of reiulaon. And to tell the truth. we take no
pleasure i'll dssecling such trash. The Office is really
f productive Of species of 'gevnlsion which
us 10 turn 10 agreeable cmploymrnts.
: We intended however, to relute so much OF the Sd
No. in the Richmond Wing rs relates 10 the consttu.
tonal power establish Gankbu really the "D;sc
ple Of Jefferson has completely used up the Wing
scrbber that find il scarcely necessary TO expata.e
upon the theme. He has neatly exhausted the VIII de
subject and has hardly left spre of grass standing
npon the whole slubbleied. A few words, however,
5 by way of clinching the nail
The Wing writer suppresses nearly every material
frrt that is connected with this subject in the Pro
lcaednps Of the National Convention. lie has garbled
even the "Journa5 OF the Convention TO which he re
fers He confines himself to but proposition, fol-
r,anting tie power Of corPorationwhst, IA DIS
ci,e" proves attempted in three different forms
Had he also gone the Madison papers ard Jefferson
works instead of the mere "Journais of the Conven
ton" he would have the reasons which prompted
the rtcet;on the proposition The ere clear
" md candldy set forth in the above communication
rhsy were ced especially with the creation OF
Bank Thus, another writer proved IN the course Of
the last year: fhis power was proposed to be vested
in Congress, in the original plan repored by The Com
cit,ee of the Convention, among the enumeration oil
meyers which form the eighth section of the ii's
pr,cle-but after three days ardent debate on the spe
cia subject in that body, the power rejected a@'
stricken ou upoah Pr incple, hGl Tas pomerimPrope
10 he rested IN The General Gors'nmem Again: "lree
separate propositions made 10 give to Congress
the additional power grant charters Of Incorporation
two on the 9Th Of August, and another on the l4th
Sen,ebcr only three days before The Convention rose
and no where do this powe: inserted in the
MANS or in the Constitution, rs finally adopted. Or
fl.H