Page:Examiner, Journal of Political Economy, v2n13.djvu/6

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198
THE EXAMINER,


of the case the committee conceive that the State ought to be satisfied with effecting the objects for which the law was enacted.

"At this time the Bank can have no object in continuing its branches, except to maintain the point of Right—The State having refused to use the money collected, has no interest but that of character and the assertion of the right."

"The Committee recommend that a proposition of a compromise be made by law, making provision that upon the Bank discontinuing the suits prosecuted against the public officers, and giving assurances that the branches shall be withdrawn, and only an agency be left to settle its business and collect its debts, the amount collected for tax shall be paid without interest. But the Committee conceive that the General Assembly ought not to stop here. The Representative of the State has been assailed through the United States—and the nature of the controversy and her true course of conduct have all alike been very much misunderstood. It behoves the General Assembly, even if a compromise be effected, to take measures for vindicating the character of the State, and also for awakening the attention of the separate States to the consequences that may result from the doctrines of the Federal Courts upon the question that have arisen. And besides, as it is possible that the proposition of compromise may not be accepted, it is the duty of the General Assembly to take ulterior measures for asserting and maintaining the Rights of the State. For this purpose the Committee recommend that provision be made by law, forbidding the keepers of our jails from receiving persons committed at the suit of the Bank of the United States or for any injury done them—prohibiting any judicial officers from taking acknowledgment of conveyances, where the Bank is a party, or when made for their use, and our Recorders from receiving or recording such conveyances, forbidding our Courts, Justices of Peace, Judges and Grand Juries from taking cognizance of any wrong alleged to have been committed upon any species of property owned by the Bank, or upon any of its corporate rights of privileges, and prohibiting our Notaries Public from protesting any Notes or Bills held by the Bank or their Agents, or made payable to them."

"The adoption of these measures, will leave the Bank exclusively to the protection of the Federal Government; and its constitutional power to preserve it in the sense maintained by the Supreme Court may thus be fairly, peaceably, and constitutionally tested. The measures proposed, are peaceable and constitutional, conceived in no spirit of hostility to the Government of the Union, but intended to bring fairly before the nation great and important questions, which must be one day discussed, and which may now be very safely investigated."

In accordance with these recommendations, an Act was passed depriving the Bank of all protection from the State Laws, and of almost all civil rights.

And although this State afterwards consented to withdraw her restrictions upon the Bank and to allow of its existence, this does not at all effect the principle as at first asserted and enforced by her.

We have, in the above report, the practical effects of Nullification most admirably and satisfactorily explained. Indeed it is somewhat remarkable how perfectly the peaceful operation of this doctrine, as contended for by us at this time, was understood; and how ably set forth by the republicans of that day. With them we propose to enact laws of restriction and penalty, to arrest the progress of the evil," and when the severity of our laws shall be complained of, we will offer a compromise, (such as theirs,) of repealing the penalties upon the withdrawal of the obnoxious acts. With them, we solemnly declare, that we propose such measures in no spirit of hostility to the Union, but merely, in the event of refusal to annul the oppressive acts, to bring the question before the nation—that is a Convention of the States.