MARCH 3, 1834.]

Newcastle Memorial.

[H. of R.

deposites may be restored to the Bank of the United States. present crisis; I witness that which could only have been Before moving the reference of this paper, I will beg effected by some great revolution in public sentiment; I leave (said Mr. M.) so far to imitate the usage which has perceive something which approaches to an amalgamation obtained here, as to say a few words in relation to its con- of parties. The petitioners themselves disclaim all party tents. But while I follow the example of other gentle-object in this proceeding; and I believe them. I see men in this particular, I will endeavor to avoid a violation here, it is true, those who raised their warning voices of those rules of order, the salutary influence of which, in against the elevation of the present Chief Magistrate, and guarding the rights of minorities, was so happily alluded predicted many of the very evils under which the country to the other day by my honorable friend from Pennsylva-is now groaning; but I see, in juxtaposition with them, nia, [Mr. BINNEY, jwhen in the discharge of a similar duty. men who, from the outset, were among his firmest supI shall not, therefore, at this time, go into an argument on porters, and, in a moment of mistaken gratitude for his the general question, which so lately occupied our atten- military services, contributed their aid to lift him into tion, and which, by a sort of parliamentary coup de power. I rejoice at this indication of returning harmony; grace, was transferred to the safe-keeping of the Com- it proves that a spirit of enlightened patriotism is awakenmittee of Ways and Means. Whenever that committee ing among the people, and that love of country, when shall do us the favor to report, and the subject is again strongly excited by impending danger, can triumph over fairly before the House, I may possibly then feel con- the despotism of party. strained, by the interest which my constituents, in com. And what, sir, do these individuals, thus composed of all mon with the whole country, take in this measure, to classes, of all pursuits, of all grades of wealth, and of all throw aside the character of listener, in which I have parties, tell us? They state that they are suffering under hitherto been contented to appear, and embark in the dis- a pecuniary embarrassment which is almost without a cussion. At present, my object is briefly to indicate the parallel; they state that this difficulty has come upon them source from whence this petition comes, and to bear my within the last three months; that it has overtaken every testimony to the respectability, standing, and moral worth species of business; that it has palsied industry-arrested of those who have affixed their signatures to it. the arm of enterprise-locked up capital-destroyed conIn the first place, then, (said Mr. M.,) it comes from fidence-banished credit-depressed the price of prowhat hitherto has been one of the most flourishing manu- duce--carried misery and want into abodes where, before, facturing districts in the United States; indebted, perhaps, contentment and plenty reigned; and, unless a speedy in part, for its success, to its unrivalled water power and remedy be applied, will soon overwhelm them in one units vicinity to navigation, but mainly to the skill, enter- distinguishable ruin. Yes, sir, if the present state of things prise, and capital of its citizens. It comes from a district continue much longer, the farmer must abandon his plough, which is also highly agricultural, possessing but little if for he will have no market for his productions; the manuany foreign commerce, and which, after supplying its own facturer must stop his spindles, and turn the key of his wants, sends nearly all of its surplus productions to Balti-mill, for he cannot raise money to pay his workmen; the more, New York, or Philadelphia; and, of course, what- merchant must dismantle his ships, for there will be no ever affects the money concerns of these commercial em- freights to transport; the laborer must starve, or depend poriums, affects it. In the next place, sir, it is signed by upon charity, for the sources of employment will be dried upwards of sixteen hundred inhabitants; which number up; the mechanic and trader must close their concerns, constitutes a decided majority of all the voters in the for, without money, people can neither buy nor sell. County where the petitioners reside.

In looking around them for the cause of this sudden and From what, I fear, will be considered a misplaced par- wide-spread disaster, the petitioners declare that they can tiality, my fellow-citizens have been pleased to assign me find none which, in their judgments, so adequately ac a trust which, of necessity, brings me into very general counts for it as the removal of the public deposites from intercourse with the community alluded to. Accordingly, the Bank of the United States, where they were safe and I recognise, appended to this memorial now offered to the available, to a place or places of doubtful security, and House, the names of very many individuals with whom I where they are of no use to any one. In illustration of am personally well acquainted; of others, again, whom 1 this fact, they state (and, according to my apprehension, know but partially; and of some few who are known to they state truly,) that, up to the time when this blow was me only by report. But I think I may safely affirm of struck by the hand of arbitrary power, all was prosperous them all, that, for sagacity in the pursuit of business, for and well-capital abundant and actively employed-enteractivity, enterprise, public spirit, and general intelligence, prise everywhere beckoning to labor; and that, when they may challenge a comparison with the same number money was not to be obtained, they had that at least which, in any part of the United States. They are men, sir, in times of prosperity, is equivalent to money-credit. But, whose character for honor and probity was never stained sir, the whole picture is now reversed: credit, confidence, with a suspicion, and who would shrink in public, as they money, have all disappeared, as if by the order of a mawould in private, from the utterance of what they did not gician. And when they see it following so immediately believe to be true. They belong to every calling, pro- upon the late act of the Executive, can you wonder they fession, and pursuit-farmers, manufacturers, merchants, ascribe it to that cause? For myself, I do not entertain a lawyers, traders, mechanics, laborers, and citizens who doubt as to the correctness of their opinion. The cause have retired from all participation in any active business. is fully competent to produce the effect; but I cannot, at They consist of men of all degrees of wealth—from those this time, without overstepping the boundaries I promised who, so far as it relates to property, were supposed al-to observe, and without subjecting myself to the just remost beyond the reach of accident; to those who, under prehension of the Chair, attempt to illustrate and enforce the universal penalty pronounced on fallen man, "earn its truth, and shall therefore be content with simply detheir daily bread by the sweat of their brow;" men, sir, claring my unqualified conviction of it.

give me leave to say, of honest hearts, though of hard The memorialists having thus stated affirmatively what hands-who have constituted in all times past, and must they believe to be the true cause of the distress, next asconstitute in all times to come, the largest and most im-sume a negative position. They deny that it has proceeded portant portion of society, and who, in this free country, with them, as it has been alleged with regard to other possessing a knowledge of their rights, mean to stand by places, from the fault of over-trading: they are essentially them to the last. But, above all, Mr. Speaker, in run-a manufacturing and farming people, who sell more than ning my eye over this paper, I perceive a still more re- they buy. They deny that it has proceeded from any exmarkable feature, and one which speaks volumes at the tension of credits beyond what was justified by the nature

H. OF R.]

Baltimore Memorials-Virginia Resolutions.

[MARCH 3, 1834.

BALTIMORE MEMORIALS.

of their business. They deny that it has grown out of any In conclusion, sir, keeping the objects I have just indiimproper action or want of solvency in the local banks in cated in view, I am ready to join in the support of any their vicinity; and, in connexion with this subject, they measure which will have a tendency to afford relief to the assert a fact which comes within the range of my own per- country, to cicatrize the wounds inflicted on the public sonal observation, viz: that the banking institutions in weal, and restore tranquillity to the public mind. I now Delaware are as sound as any in the Union. They might move that the memorial, together with the proceedings of have added, that their affairs are as prudently conducted, the county meeting where it was adopted, be read, referand that their issues have been as moderate, in proportion red to the Committee of Ways and Means, and printed. to their capital. But they have added, what is a very ma- The motion was agreed to. terial fact to be known, that the curtailment in their discounts, which they have lately been compelled to make, has not been occasioned by an undue pressure of the Bank Mr. McKIM rose and said: I am requested to present of the United States upon them, but has originated solely two memorials, signed by 3,624 citizens of Baltimore, from the general destruction of confidence in the trading stating that they approve of the course of the administracommunity, which, creating a universal panic, began by tion in relation to the Bank of the United States, and making men doubt their own solvency, and ended in ren- praying that the charter of said bank may not be renewed. dering them skeptical as to that of every one else. I shall not, Mr. Speaker, trespass on the time of this House Finally, sir, conscious that they are suffering very great by detailing the various trades and professions of the signers embarrassment in their pecuniary affairs, and believing to this memorial; it is sufficient for my purpose to say they that the withdrawal of the public deposites from the Bank are American freemen, and, as such, entitled to be heard, of the United States, after the manner in which they were and to have equal weight and consideration, in proportion withdrawn, is a cause, if not the sole cause, they come to their numbers, with any memorial yet presented to this to this House, the proper guardian of the rights of the House. people, and firmly, but respectfully, petition for relief. On motion of Mr. McK., the memorial was read, ordered That relief, in their opinion, can be obtained by imme- to be printed, and referred to the Committee of Ways and diately retracing the false step which has been taken; in Means. other words, by restoring the public money to that custody to which the public law had confided it. But while they ask this course, they, at the same time, leave it to the following resolutions of the Legislature of Virginia: Mr. GORDON, of Virginia, presented to the House your superior wisdom to adopt any other which, in your judgment, you think calculated to fit the exigency of the Virginia, that the power to levy taxes, to appropriate money, and case. They come to this House, and not to the executive to control the public revenue, should be made to abide, in pracbranch of the Government, for aid; because, independently tice, where alone it has been confided by our constitution-in the of the edict which has gone forth, that an experiment immediate representatives of the people; and whereas all expemust be first tried before this controller of the public des-rience of the actual operations of Governments demonstrates tinies will vouchsafe to listen to a suffering people, my that the assumption and exercise by them of unauthorized powconstituents have been nurtured in a different reading of ers become precedents, if silently acquiesced in, for progressive the constitution. Looking to the provisions of that great and still greater encroachment: charter of our freedom, they conceive that the whole power over the currency and the fiscal concerns of this Government is a legislative power, and has been intrusted exclusively to Congress. They believe, in the language of that much abused and neglected instrument, that Congress alone has power to coin money and regulate the value thereof;" and, consequently, when the monetary system of the country is assailed and deranged, it is through that organ alone that they look for an adjustment of the difficulty.

VIRGINIA RESOLUTIONS.

Whereas it is deemed essential by the General Assembly of

the United States, exerting a control over the Federal revenue, by Therefore, Resolved, That the recent act of the President of causing the same to be removed, on his own responsibility, from the United States Bank, where it had been deposited under authority of an act of Congress, is, in the opinion of this General Assembly, an unauthorized assumption, and a dangerous exercise of executive power.

tain the President of the United States in the exercise of such Resolved, That while this General Assembly will ever sustheless contemplates with anxiety and dismay the disposition powers as the constitution has clearly confided to him, it neverevinced of late to extend those powers beyond the proper limitations of that instrument; a disposition clearly evinced in the reGovernment to Executive control, in the exercise of an important discretion, for which it was made solely responsible to Congress. illegal and unconstitutional, and firmly persuaded that no nation Deploring, as this General Assembly does, that interference as can long maintain its freedom, which surrenders to, or permits to be grasped by the same hand, a power over the purse and the sword:

And, sir, alive, as I hope I ever shall be, to every thing which touches their interests, and sympathizing, as I sin-cent subjugation of the Treasury Department of the Federal cerely do, in their present embarrassment and distress, so long as I am honored by them with a seat upon this floor I will endeavor to sustain their appeal. I will exert my feeble aid to resist the assaults upon the constitution, and, through it, upon the liberty of my country, come from what quarter they may. I will do all in my power to break down this odious and new-fangled doctrine of Executive "re- Resolved, That our Senators be instructed, and our Representsponsibility," in matters that do not rightfully appertain to atives be requested, to adopt prompt and efficient measures to vinhis office. I will combat, likewise, that political empiri-dicate the constitution, and to redress the evils occasioned by the cism which seeks to introduce what is called a hard money late unauthorized assumption of power by the President over the system, in place of that system of paper credit founded public moneys of the United States. upon a specie or a metallic basis, and which, I firmly be:tion the power which has been claimed by Congress to establish Resolved, That the General Assembly of Virginia cannot sanclieve, was the very soul and life-blood of our past financial a United States Bank, the power not being given to Congress by prosperity. the constitution of the United States, as has been frequently and The idea of driving an intelligent community of free-solemnly decided by the General Assembly of Virginia. men into the condition of Russian serfs, or Italian lazaroni, Resolved, That the General Assembly does not intend, by the who, from the circumstance of not knowing how to read declaration of its opinion in regard to the constitutionality of the or write, require a hard money currency, is too prepos- the force of its disapprobation of the removal of the deposites. Bank of the United States, to qualify, or in any manner to impair, terous to be maintained. It does not suit our hemisphere. Resolved, That the Governor of the Commonwealth be reWe are essentially a commercial people, who live and quested to transmit a copy of these resolutions to each of the Senbreathe by paper and credit; and, although we may suf-ators and Representatives of Virginia in the Congress of the Unifer loss by it occasionally, yet, in the main, we are a whole ted States.

century in advance of what we should be without it.

In offering these resolutions

MARCH 3, 1834.]

Virginia Resolutions.

[H. OF R.

Mr. GORDON said he rose for the purpose of pre- it be, whenever they are surrendered into the hands of any senting to the House resolutions passed by the General Executive Magistrate. He has no direct authority either Assembly of the Commonwealth of Virginia, on the sub-to raise, appropriate, or in any manner to dispose of or use ject of the removal of the public treasure from its de- the public revenue.

pository, the Bank of the United States, where it had The General Assembly do not deny, nor did he, (Mr. been placed by law. The General Assembly of Virginia G.,) the power of the President, under the law, to rehave been deeply impressed with the importance of the move from office an unworthy officer; but they do deny principles involved in this question; and, after the most to the President the right to remove a faithful officer, to deliberate consideration, have come to resolutions con- effect that which he had no rightful authority to effect in demning the course of the President of the United States, any way. This abuse of the power of removal, and asinstructing their Senators, and requesting the Represent-sumption of power over the treasure of the country, was atives from the State of Virginia, to use their efforts to a dangerous enlargement of the power and patronage of restore the deposites to the Bank of the United States. the President, already endangering the purity and indeThe General Assembly have considered this as a question pendence of the other departments of the Government, of liberty, in which the principles of a limited constitu- and calculated to enable the Executive Magistrate suction have been violated, by the practice of the Chief cessfully to appeal to the worst passions of his partisans, Magistrate, in assuming authority properly to be exer- instead of a reliance on the purity and wisdom of his adcised by other departments of the Government. The ministration.

General Assembly of Virginia, and the people of Vir- The patronage of this Government, wielded by one man, ginia, have heretofore yielded to no portion of this con- with the power of putting in and putting out, at his will federacy in respect and affection for the present Chief and pleasure, some forty thousand officers and agents, Magistrate of the United States; but the General Assem-great and small, to whom the immense revenues of this bly and the people, standing on their long-cherished and country are distributed, is a power, in his (Mr. G.'s) oft-defended ground of constitutional construction, and view, utterly inconsistent with the genius of a free contheir own estimation of the principles and practices of stitution.

government best calculated to secure the blessings of Men are not angels. "Lead us not into temptation," freedom, have spoken on this occasion in a language not was the wise and meek prayer taught by the Redeemer to be misunderstood. The General Assembly consider to fallen man. Human virtue is too frail to withstand the the removal of the deposites from the Bank of the Uni- temptations and influence which an ambitious and reckted States, in the manner it has been effected, on the re-less Chief Magistrate might wield; and the Executive sponsibility of the President, as a "dangerous and alarm- Department of the Government, absorbing all the vital ing assumption of authority," tending to concentrate in and essential powers of the other departments, would rethat officer all the powers of Government. The legisla- duce us, in fact, with the forms of a free constitution, in tive functions of Congress, and the judicial authority of effect, to a simple monarchy. the courts, have both been invaded. The province of There is already a fearful proclivity of power towards the courts, patiently to examine and correctly to ascer- the Executive Magistrate; and if a construction be given tain facts, and the consecrated trial by jury, have been ut- to the constitution by which the President would have terly disregarded; and the Chief Executive officer of this the power to appoint and displace, at his mere will, or Government, although directed by law, if he deemed under the pretext of seeing that the laws are faithfully there had been an infraction of the bank charter, to di- executed, I should feel that the power given to the Lerect a scire facias to issue, in order to a trial by a court gislative Department of the Government was absorbed in and jury, has himself adjudged the question, on ex parte the pretended execution of the laws, and the representatestimony, and determined that the bank has forfeited its tives of the people had as well depart to their idle homes. charter--thus, in his own person, deciding the question He did not admit that the power of removal gave a right of the violation of the charter, involving high penalties to the President to control all the functionaries of the on the part of the bank, without sending it for adjudica- Government, in the estimate which they might make of tion to the tribunals marked out by the constitution and their duties under the law; nor did a faithful execution laws. The first clause of the constitution declares that of the law mean, in all cases, that there should be a wise "all legislative powers herein granted shall be vested in administration of the law. A judge may make a faithful a Congress of the United States, which shall consist of a execution of his office, and so may a Secretary of the Senate and House of Representatives." This legislative Treasury, without carrying any great degree of wisdom power had vested in the Secretary of the Treasury an into their administrations. Indeed, with a few illustrious important discretion, to remove the deposites from the exceptions, if a contrary doctrine is to prevail, the officers Bank of the United States. The President, consulting of all our Governments, State and Federal, might tremble with his then Secretary of the Treasury, found that the for their places. Would a judge be dismissed who gave Secretary did not think there was any good cause for the an erroneous but conscientious judgment? Would the removal of the deposites from the Bank of the United Legislature of Virginia, two-thirds of which have the right States; and, notwithstanding a divided cabinet on the sub-to remove a judge, exercise that high power, because he ject, dismissed the Secretary of the Treasury from office, had pronounced a judgment at variance with their own? and replaced him by one whose opinions were known to If this new version of the President's power be admitted, concur with his will on this subject-thus abusing his then, indeed, he may be considered as holding in his hand, power of removal, and interfering, injuriously, with that and exhibiting to the people and functionaries of the discretion which the law had confided to the Secretary of Government, a golden ladder of preferment, with forty the Treasury. By these assumptions and indirections, thousand rounds, to which so many climbers up are perthe President has done what he had no power to do di-petually turning their anxious and longing eyes, the ele rectly, under the constitution and laws of the country. vation or disgrace of each depending on the will of the There is not a man in America who will not deny to President, from the minister who represents this great the President the power directly to control the public confederacy in foreign courts, down to the most inconsid revenue, unless he derives his authority from appropria-erable postmaster. With such an appeal to the hopes tions made by law. and fears and interests of our citizens, used to effect any We, the representatives of the people, hold in our purpose on which the President is intent, all opposition, hands the pursestrings of the people's money; and fatal in the nature of things, must be fruitless, unless the peoto their rights, and interests, and freedom-most fatal-will ple can be aroused to redeem their institutions from the

H. OF R.]

Virginia Resolutions.

[MARCH 3, 1834.

exercise of a power inconsistent with their freedom and Mr. G. said he claimed, as a representative of the peace. The power of appointment and removal, even people-of those who gave him public leave to speak in when most discreetly and forbearingly used, is a fearful in their behalf-to act as sentinel over the public treadiscretion to confide to any one man. sure; a post he would never yield, so long as he was

Mr. G. said he did not himself believe the President of worthy to speak in the name of those who sent him. He the United States had an intention to usurp the liberties greatly regretted it; he considered it one of the evil omens of his country, but he did believe his present course of ac- of the times; and high as was his respect for the distintion would be recorded as a monument, and some future guished body of. which he was a member, he could not man of ambition might become, by his example, master of but deeply lament that, on such a question-on a questhe confederacy. tion of taxation-of liberty-a majority of the immediate The General Assembly of Virginia have considered it representatives of the people are seen rallying on the as a question involving the separation of the powers of a side of power. He was deeply mortified that the Confree constitution, and not as a question of bank or no bank.

The constitution of Virginia contains a provision, that the Executive, Legislative, and Judicial Departments of Government should be kept separate and distinct, so that neither should exercise the powers properly appertaining to the other. In the Federal constitution, the demarcations of the several departments are distinctly made. The legislative, executive, and judicial powers are assigned to their appropriate organs.

gress of the United States had not, unanimously, instantly reproved this perversion of executive authority; and although he had no intention to make any illiberal imputation on the members of Congress, who were, he doubted not, as honorable a body, as could any where be found, yet he would say that, if the people of the country sustained their representatives in yielding to this overwhelming executive power, he should consider that the liberties attempted to be secured by this constitution were gone

forever.

The legislative power is vested in Congress-there was Mr. G. said the occasion was a fit one to take a rapid none given to the President. He is not a representative glance at the past course of the ancient Commonwealth of of the people; he is the executive officer, appointed by Virginia in relation to this Government. She had ever the people. His power of veto is not a legislative power; contended for a strict construction and faithful execution it ought to be, as it is, a mere negative. No money shall of the limited, though extensive, powers delegated by the be drawn from the treasury without an appropriation by compact to Federal functionaries. Jealous of power every law; and the question was submitted to the House, as where, diffusing and limiting it in her own Government, the guardian of the treasury—if large sums of the public she has looked always with apprehension on its too great money have not been withdrawn from the bank without accumulation in any of the departments of this Governan appropriation made by law? It seemed to be con-ment. Her warning voice has often been heard on this tended by those who justify the course of the President, floor in reproof of undelegated authority in the Legislative that he, and the officers under him, had the right to use Department of Government. During the administration the money of the public as they pleased, in the interval immediately preceding this, she thought she perceived in between the time of its collection and the time of its the assertion of powers in this Government by the then appropriation; that they can place it where they will, Chief Magistrate an alarming tendency to consolidation of and loan or deposite it to whom they will; and contract all the powers of the States in this Federal head; and, what those receiving it shall do in return. Let us put although these assertions of authority were not carried this to the test of ordinary transactions in private life. An out into action, she rallied in opposition to their bare asagent has power to collect money for his principal; does sertion, and gave her support to the present Chief Mait, therefore, follow that he has the power to use it for his gistrate, under the confident hope that he would administer own purposes, lend it out, or make contracts on it? Has he the Government in a spirit of moderation, according to the any other power than to collect and keep it, and pay it constitution, and bear himself with a meekness and simover to his principal as soon as possible? Try the Pres-plicity in his high office congenial to the spirit of our inident by this simple test, and it will be found he has used stitutions, and thus adorn the high military reputation millions of the public treasure in a manner not sanctioned by which he had attracted the admiration of his countryby the authority under which he acts. The public rev-men. By her powerful aid, the present Chief Magistrate enue, on deposite, I suppose usually amounts to between was elected; and, for the first years of his administration, $7,000,000 and $8,000,000, and the fair interest for its use she stood almost in solid phalanx, supporting all his great is worth nearly half a million of dollars annually. Can measures.

any one be so blind as not to see the influence and power But it has been with feeling of deep mortification that which such a use of the revenues of the country must add she perceived, after the second election of the present to the already too extensive patronage of the President? Chief Magistrate, in which she so heartily co-operated, a Is it deemed that the President, or those who surround disposition to enlarge his authority, and to administer the him, have a right to remove the revenue from the places powers conferred on him in a harsh and overstrained appointed by law, except in a manner prescribed by law? manner. In this whole matter the President has no direct authority

to act.

Those of us who stood here last year well remember the universal satisfaction which the message of the Chief Mr. G. said there was another great principle of free- Magistrate, at the opening of the session, diffused over dom invaded, which he never would surrender. Ile the entire South. It conformed, more than almost any claimed, as a freeman—as a citizen of Virginia, one of the paper ever sent to this House, with the feeling of modemembers of this great confederated Union-either by ration and principles of government always cherished by himself, or his representative, to tax himself. It was a the Commonwealth of Virginia. In some of its recomgreat principle of English liberty, that taxes were the mendations, it recognised the principles of the nullification free gift and grant of the Commons: and he believed, if of South Carolina, the ultima thule of State rights. It the King of England should at any time invade or impair was calculated to destroy nullification itself, by curing all this right, he would hear from his indignant subjects those evils for which its advocates contended it was the that no more taxes would be paid until there was a re- rightful remedy. form. He insisted that, as Congress only could raise revenue, so also could they alone direct every thing appertaining to the revenue, both as to its preservation and distribution.

But what are mortal hopes? The smoothness produced in our affairs by this message in six short days was ruffled by the storm engendered by that fatal proclamation, so [hateful to all lovers of a free confederacy of the States;

MARCH 3, 1834.]

Virginia Resolutions.

[H. or R.

denouncing as traitors those who professed and paid alle- its exercise he could control all the officers of Government giance to the laws of the State that gave them birth, when in the discharge of their duties under the law, and that in contact with the Federal authority; and that proclama- a difference of opinion with him is a just cause of removal tion followed up by a special and argumentative message, from office, all the other departments of the Government claiming for this Government of delegated and limited must fade away under the gigantic powers given to the authority unlimited power over the States, as parties de- President, and the people awake from their dream of legating that authority; and this message sustained and liberty, and find that, instead of an association of free and ratified by the Legislative Department, by a grant of the confederated States, they had, in fact, erected a despotism, whole military and naval and fiscal power of the Govern- whose horrid features had not been visible until the veil ment, to prostrate a gallant and talented State of this was withdrawn by the President. confederacy, who had dared to stand for the restoration of But it cannot be; the power of removal does not long lost rights, and remonstrate against unconstitutional rightfully imply a power of control and direction; othertaxation! When we saw a majority of this House and the wise, the President, to all intents and purposes, would be other voting that declaration of war against all the States, the Government; and there is no effective limit to his which throws the sword before the judgment of the courts, authority, either under the law or the constitution. He and subjects this once free confederacy to martial law at knew that the advocates of power were never at a loss the will of the President and his collectors, the Common- for precedents; they are an inclined plane, down which wealth of Virginia, whose constitution consecrates the every Government has slid into despotism; and it was trial by jury, by declaring that it should be held sacred; the duty of Congress to inquire whether this power of when we saw and felt these things, it was impossible not removal was a power conferred by the constitution, or to recoil from them; and now, after having compromised, implied, and given by the Legislative Department; and, in and, for a time, settled the conflicts of interest and opin- either case, to curb and keep it within strict limits. Mr. ion which gave rise to these hateful measures, and the G. trusted that good would arise out of evil; that this country had become, in a great degree, composed and rash and inconsiderate conduct, on the part of the Pres at peace, the President of the United States, in the wan-ident, would ultimately tend to place the Government on tonness of power, has struck a blow on the financial affairs surer and safer foundations; and when it was found, of this country, the fearful vibrations of which are heard in practice, that there had been an unequal share in the and felt to the extremities of the confederacy. He had distribution of the powers of this Government given to, given the death-blow to the Bank of the United States by or assumed by, the President, that those for whom the his veto; it would have died-it must have died-because Government was established will, in either case, apply the President's tenure of office was longer than that of the remedy. Mr. G. said that, in regard to the present the charter of the bank. But the President, sixty days expediency and wisdom of the course of the administrabefore the meeting of Congress, without any public ne- tion, there would, amongst all those who would extend cessity, had done a deed of fearful note. In a commu- their view to the whole circle of our affairs, be but one nity of five hundred banks, with a paper circulation in-opinion. In this young and growing country, compreterwoven with every interest of society, and affording the hending a territory as large as Europe, in rapid career of actual currency of the whole confederacy; carrying on advancement, deficient in nothing but capital and labor, all the exchanges, foreign and domestic, of this great con- and the efforts to increase both have eventuated in giv tinent of States; ministering to the commercial, manufac-ing to the United States that most extended system of turing, and agricultural industry and enterprise of the banks and paper circulation, said to amount to five huncountry-over the varied and complicated strings of such dred banks, and nearly one hundred millions of paper an instrument he has thrown his gigantic but unskilful circulation; and the credit of these banks and this curhands; and the dissonant and jarring sounds which he has rency, dependant entirely upon public confidence, was produced return upon his ear, and discompose the nerves as delicate as the sensitive plant, and had shrunk from of the whole community. the rude touch of the hand of unauthorized power. The President had destroyed the public confidence in the public currency; and the consequence was, universal clamor and almost universal despondency.

These resolutions of the General Assembly deny to Congress the constitutional power to make a Bank of the United States: in which he entirely concurred; for on a former occasion he had voted against rechartering the He said he felt proud of the position which the Combank, and at the last session he had voted against the re-monwealth of Virginia occupied; he trusted her continued solution in reference to the safety of the deposites in the efforts in the cause of constitutional liberty would reBank of the United States; not because he considered dound to the peace and honor of this confederacy; askthem unsafe, but because he had no opportunity, from ing nothing for herself, her most fervent wish was to see the late period of the session, to examine the subject; this part of the Government guided according to those and he feared the resolution would aid the bank in a fu- constitutional landmarks, in the establishment of which ture effort for a charter: on his part, that was a mere ne- she had some agency; and, in conclusion, he trusted that gative vote. He felt that, on presenting these resolutions, he might be permitted, without offence to any, to say that and delivering his own views of the powers of this Gov- the Commonwealth of Virginia was happy in the purity of ernment, he was performing no very acceptable service her own principles and purposes, sufficiently rich in the to a very large party in this House. He believed the ques- spontaneous gratitude which, on all great occasions, she tion of bank or no bank must arise before the session ter- had excited in her sisters of the confederacy, and glori minates, and, when it does, he would be found standing ous in being the disinterested creditor of mankind, in the by his native State, on the narrow isthmus which she oc- large advances and generous examples she has made in cupied, in strenuous though unavailing efforts to roll back the cause of freedom.

the waves of legislative or executive encroachment on

When Mr. G. had concluded

the constitution and liberties of his country. But whilst Mr. PATTON, of Virginia, rose and said, that, by one he believed that Congress had no constitutional power to of the resolutions, the Governor of the Cominonwealth of incorporate a bank, it should not, and does not, mitigate Virginia was "requested to transmit a copy of these resolu the conduct of the President for an unconstitutional violations to each of our Senators and Representatives in the tion of its chartered and vested rights. He confessed that Congress of the United States." That the Governor, in the doctrines and practices of the Chief Magistrate had compliance with this request, had sent to him a copy of greatly alarmed his mind; he believed that, if the President these resolutions, accompanied by a letter. He believed had properly construed his right of removal, and that by a similar letter, addressed to his honorable colleague and