make the impression that it was unconstitutional in its
inception. Now, although I am satisfied that an ample field may be found
within the pale of the resolution, at least for small game, yet, as
the gentleman has traveled out of it, I feel that I may, with all due
humility, venture to follow him. The gentleman has discovered that some
gentleman at Washington city has been upon the very eve of deciding our
Bank unconstitutional, and that he would probably have completed his
very authentic decision, had not some one of the Bank officers placed
his hand upon his mouth, and begged him to withhold it. The fact
that the individuals composing our Supreme Court have, in an official
capacity, decided in favor of the constitutionality of the Bank, would,
in my mind, seem a sufficient answer to this. It is a fact known to all,
that the members of the Supreme Court, together with the Governor, form
a Council of Revision, and that this Council approved this Bank charter.
I ask, then, if the extra-judicial decision not quite but almost made
by the gentleman at Washington, before whom, by the way, the question of
the constitutionality of our Bank never has, nor never can come--is to
be taken as paramount to a decision officially made by that tribunal,
by which, and which alone, the constitutionality of the Bank can ever be
settled? But, aside from this view of the subject, I would ask, if the
committee which this resolution proposes to appoint are to examine into
the Constitutionality of the Bank? Are they to be clothed with power to
send for persons and papers, for this object? And after they have found
the bank to be unconstitutional, and decided it so, how are they to
enforce their decision? What will their decision amount to? They cannot
compel the Bank to cease operations, or to change the course of its
operations. What good, then, can their labors result in? Certainly none.

The gentleman asks, if we, without an examination, shall, by giving the
State deposits to the Bank, and by taking the stock reserved for the
State, legalize its former misconduct. Now I do not pretend to possess
sufficient legal knowledge to decide whether a legislative enactment
proposing to, and accepting from, the Bank, certain terms, would have
the effect to legalize or wipe out its former errors, or not; but I can
assure the gentleman, if such should be the effect, he has already got
behind the settlement of accounts; for it is well known to all, that t