The Works of John C. Calhoun Volume 3 by John C. Calhoun

Author:John C. Calhoun [Calhoun, John C.]
Language: eng
Format: epub
Tags: Politikwissenschaft
Publisher: Jazzybee Verlag
Published: 2018-03-19T23:00:00+00:00

REMARKS On the Bill to prevent the reissue and circulation of the bills, notes, and securities of corporations created by Congress, whose charters have expired; made in the Senate, April 20th, 1838.

MR. CALHOUN said, that as the question was about to be put on the engrossment, he rose, not to discuss the subject at large, but simply to state the reasons which would govern his vote. The hour was late, and the Senate impatient to adjourn, and he would promise to detain them but a few minutes.

When the bill was taken up yesterday, he had never turned his attention seriously to the subject, and he listened attentively in order to make up his mind as to our power, and the expediency of passing the bill. The result was, that he found himself in precisely the same state of uncertainty in which the Senator from Virginia described himself to be, and was relieved when he (the Senator) moved an adjournment, with a view to obtain time for further deliberation.

Had he been forced to vote then, it would have been against the bill, as it was an invariable rule with him, when he doubted on constitutional questions, to vote in the negative.

Since then, he had calmly and deliberately investigated the subject, and the result was a thorough conviction that we possessed the power, and ought to exercise it, and he proposed now to assign his reasons.

He 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 the 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 The case as to the former was in fact stronger than the latter; for, whether a constitutional law should be repealed or not, was a question of expediency, which left us free to act according to our discretion: while in the case of an unconstitutional law, it was a matter of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

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