NATIONAL BANKS AND THE COURTS.
Mr. Graham's joint resolution [S. 2] coming up in oder, it was read the third time as follows:
Resolved, By the General Assembly of the State of Indiana, That our Senators in Congress be instructed, and our Representatives be requested, to use their influence to procure the repeal of so much of the acts of Congress as confer especial jurisdiction upon the Circuit and District Courts of the United States, of suits by, and against National Banks, resident of a State, without regard to the amount involved in such suits.
Mr. GRAHAM said if such a change of the laws can be procured, it will prove of great advantage to the people at large. The intention is not to attack the banking interest; but there is no good reason why such special powers should be conferred upon National Banks in distinction from other corporations.
Mr. CHAPMAN opposed the passage of the joint resolution, though not desirous of being considered as appearing here as a special advocate of National Banks. It may not be popular to support the rights of National Banks; but the joint resolution asks what no Government ought to do: that is, that the Government of the United States, which has created a class of corporations, shall close the doors of its junicial tribunal against the exclusive creatures of that creative power.
Mr. VIEHE thought National Banks ought to stand upon the same footing as other corporations. Were the sum limited to suits where above $500 was involved, he would not object. The principle announced by the Senator who has taken his seat may be correct, but now a National Bank can be sued in a State Court with no power to remove its case to the Federal Court, and thus the doors of the Federal Courts are closed against National Banks in such cases.
Mr. MENZIES stated the fact that these corporations live on the patronage of the community, claim the protection of Courts and officials, and only showed they have greater privileges in the Judicial Department of the Government than other citizens. He only regretted the resolution did not go to foreign corporations transacting business in this State, and yet refusing to yield to the jurisdiction of our Courts. It is a game of bluff to drag a citizen from his home and try to worry him out with a heavy bill of costs.
Mr. GRAHAM only desired to place National Bank corporations on a plane with other corporations in the State.
Mr. GARRIGUS could see no reason why National Banks should be allowed to bring citizens to the Federal Court in this city from distant Counties in order to collect their paper in small amounts.
The J. R. [S. 2] was passed by yeas, 44; nays, 2.
