Thirty Years' View (Vol. 2 of 2): or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850Benton, Thomas Hart
History
Thirty Years' View (Vol. 2 of 2): or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850
Benton, Thomas Hart
United States -- Politics and government -- 1815-1861
its utter disregard of law. In this first return, it not only
proclaimed to the Legislature and people of Pennsylvania that
it had disregarded its trust as assignee of the old Bank, by
seizing upon the whole of the old circulation and converting it
to its own use, but that it had violated one of the fundamental
provisions of its new charter."
Mr. Calhoun spoke chiefly to the question of the _right_ of Congress
to pass a bill of the tenor proposed. Several senators denied that
right others supported it--among them Mr. Wright, Mr. Grundy, Mr.
William H. Roane, Mr. John M. Niles, Mr. Clay, of Alabama, and Mr.
Calhoun. Some passages from the speech of the latter are here given.
"He [Mr. Calhoun] held that the right proposed to be exercised
in this case rested on the general power of legislation
conferred on Congress, which embraces not only the power of
making, but that of repealing laws. It was, in fact, a portion
of the repealing power. No one could doubt the existence of the
right to do either, and that the right of repealing extends
as well to unconstitutional as constitutional laws. The case
as to the former was, in fact, stronger than the latter; for,
whether a constitutional law should be repealed or not, was a
question of expediency, which left us free to act according to
our discretion; while, in the case of an unconstitutional law,
it was a matter of obligation and duty, leaving no option; and
the more unconstitutional, the more imperious the obligation
and duty. Thus far, there could be no doubt nor diversity of
opinion. But there are many laws, the effects of which do not
cease with their repeal or expiration, and which require some
additional act on our part to arrest or undo them. Such, for
instance, is the one in question. The charter of the late bank
expired some time ago, but its notes are still in existence,
freely circulating from hand to hand, and reissued and banked
on by a bank chartered by the State of Pennsylvania, into whose
possession the notes of the old bank have passed. In a word,
our name and authority are used almost as freely for banking
purposes as they were before the expiration of the charter
of the late bank. Now, he held that the right of arresting
or undoing these after-effects rested on the same principle
as the right of repealing a law, and, like that, embraces
unconstitutional as well as constitutional acts, superadding, in
the case of the former, obligation and duty to right. We have an
illustration of the truth of this principle in the case of the
alien and sedition acts, which are now conceded on all sides to
have been unconstitutional. Like the act incorporating the late
bank, they expired by their own limitation; and, like it, also,
their effects continued after the period of their expiration.
Public-domain text, read in full here on John Shaqi.
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