Argument in the Case of the State Vs, the Bank of South Carolina
Excerpt from Argument in the Case of the State Vs, the Bank of South Carolina: Scire Facias to Repeal a Charter for Misuser in Suspending Specie Payments, May Term, 1843 Mr. Walker said, that he regarded the present case as the most important that had ever been submitted to the judiciary of this State. The pecuniary interests involved are, it is true, very great! but they are altogether forgotten when we consider the principles which it is proposed to establish. This is, too, a political prosecution, an exotic hitherto entirely unknown in our courts. It has been instituted to give form and pressure to a political idea, to invest the opinions of a party with the sanctity of law; and to endow our legislature with a power as unlimited as that of the parliament of England; an authority, which though often claimed by dominant parties, has been as often denied by the highest judicial tribunal of the union. To accomplish these purposes, your Honors are called upon to determine in favor of the State a question which, in the language of the Attorney General, is not a question of law nor of fact, and which, therefore, you cannot determine at all, without an usurpation of power, and having done that much, you are asked to go farther, and declare that a majority of the legislature have the right to prescribe the judgment which you shall pronounce upon all questions, touching what that majority may please to consider the political administration! of the State. And for what purpose? To make the opinions of the present dominant party on the currency the law of the land. Before this court assents to these propositions, and becomes the organ of popular opinion, although expressed by so respectable a body as the legislature, it would be well to consider, that the chief, if not the sole, motive in this country for making the tenure of your offices permanent and independent, is, that you may interpose the )?th ground of appeal. t3d Ibid. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.