Delaware gazette and American watchman. [volume] (Wilmington, Del.) 1828-1837, 1832-07-13

garded deciding questions of constitutional
power, except where the acquiescence of the peo-
pie and the States can be considered as we'll set
tied So far this being the case on this subject
an argument against the Bank might be based on
precedent One Congress in 1871 decided in ia
YOUR Of the Bank another in 1911 decided against
it. One Congress in 1916, decided against Bank,
another in 1915 decided in its favor Prior to the
present Congress, therefore, the presidents drawn
from that source were equal. If we resort to the
States, the expressions of Legislative, Judicial and
Executive opinions against the Bank, have been
probably to those in its favor four to one. There
is nothing in precedent, therefore, which, if its
authority were admitted, ought to weigh in favor
of the act before me.
If the opinion of the Supreme Court covered the whole
ground Of this it ought not control the coordinate auo
rites of this Government The Congress- the Executive and
the Court must each for ITSELF be guided by its opinion
ofthe Constitution Each public officer who takes oath to
support the Constitution, that he will support he
understands it, and not it understood by others Il is
much the duty ofthe House of Representatives of the Senate
and of the President TO decide upon the costtuonay of
any bill resolution which may be presented to them for
passage approval il is of the supreme Judges when
may be brought before them for judicial decision The OPP
non of the Judges has authority Congress than
the opinion of Congress has the Judges and that
point the President is independent oboth The authority Of
the Supreme Court must not therefore, be permitted to
troll the Congress the Executive, when acting in their
Legislative capacities but to have only such influence the
force of their reasoning may deserve.
But in the relied upon the Supreme Court have not
decided that all the features Of this corporation compatible
with the Constitution is true that the court have said that
the law incorporating the Bank constitutional exercise of
power by Congress- But taking into view the whole opinion
of the court and the reasoning by which they have come
that conclusion understand them to have decided that mas
much Bank is appropriate means for carrying into
effect the enumerated powers general Government there
fore the law in cooperating is in accordance with that pro-
vision of the Constitution which declares that Congress shall
have power ito make all laws which shall be necessary and
proper for carrying those powers into execution" Having
satisfied themselves that the word necessary in the Cons
tuition, "needf" "regtse" Essential" "conducpe
TO- and that ga Bank convenient useful and essential
instrument in the prosecution ofhe Governments "sca OPP
eraton" they conclude, hato fuse must be within the
discretion of Congress- and that he act incorporate the
Bank of the United States is law made of the
Constitutions shut" say they "ohere e lao is prOhb
tied aud is really calculated to effect any erust
ed 10 the Government to undertake here to enquire into the de-
gree Of its necessity could be pass the line hch crc
seri6es the judicial Department and to tread on Legislative
grounds.
The principle here affirmed that the degree of its ne
cessiy involving all the details of Banking institution
question exclusively for legislative consideration. Bank
constitutional but the province othe Legislature TO de-
termne whether this that particular power, privilege
exemption necessary and proper to enable the Bank
discharge its duties to the Government and from their de-
cson there appeal to the courts of justice Under the
decision of the Supreme Court therefore, is the exclusive
province of Congress and the President decide whether the
particular features of this act necessary and proper in
order TO enable the Bank operorm conveniently and efficient
y the public duties assigned fiscal agent and there
fore constitutional or unnecessary and improper and therefore
unconstitutional.
the Supreme Court, let examine the details Of this act in
accordance with the rule ofegisave action which they have
laid down. 1t will be found that many OF the powers and
privileges conferred on it, cannot be supposed necessary for
the purpose for which it is proposed TO be created and not
therefore necessary TO attain the end in view and
sequently not justified by the constitution.
The original act of corporation section 81 enacts a no
other Bank shall be established by any future law the United
States during the continuance othe corporation hereby
ed for which the faith of the United States hereby pledged
Prouidd Congress may existing charters for Banks
within the District Of Columbia not increasing the capital
thereof and may also establish any other Bank Banks in
said District with capitals exceeding in the whole six
millions of dollars if they shall deem it expedient" This
provision continued in force by the act before me, fifteen
years from the Sd ofMarch, 1885,
II Congress possessed the power to establish Bank
they had power TO establish than one their opinion
two more Banks had been Unnecessary" to facilitate the ex
ecuon of the powers delegated to them in the constitution
they possessed the power to establish second Bank
was power derived from the constitution be exercised
from time to time when the interests fte country the en-
ergencles OF the Government might make expedient 1t
was possessed by Congress well another by all
Congresses alike and alike at every session. But the Con-
gessof 1916 has taken away from their for TWEEN
years. and the Congress ofle32 proposes to abolish for
een years more 1t cannot be Unnecessary "proper for
Congress to barter away dves themselves OF any ofthe
powers vested in them by the constitution be exercised for
the public good II is necessary to the efficiency othe
Bank nor is it poper in relation to themselves and their
successors They may properly the discretion vested in
tem but they maynot limit the discretion ofther
This restriction themselves and grant monopoly the
Bank, is, therefore, unconstitutional.
In another point of view this provision papabe attempt
to amend the constitution by act of legislation The
stuon declares that the Congress shall have power to
ercise exclusive Legislation in all whatsoever over the
District of Columbia. It's constitutional power therefore,
establish Banks in the District of Columbia and increase their
capital at will is unlimited and uncomfortable by any other
power than that which gave authority the constitution Yet
this act declares that Congress shall increase the capital of
existing banks create other banks with capitals exceeding
in the whole six millions of dollars The constitution declares
that Congress shall have power to exercise exclusive ega
ton this District "in all ohasoeUer and this act
declares they shall not Which is the supreme law of the andl
This provision cannot be necessary "proper or con-
sttuiORd unless the absurdy be admitted that whenever il
necessary and prope in the opinion of Congress- they
have right to barter away portion of the powers vested
in them by the constitution of executing the
On two subjects only does the constitution recognise
in Congress the power to grant exclusive privileges or
monopolies. 1t declares that Congress shall have
power to promote the progress of science and useful
arts by securing, for limited times 20 authors and in
ventors the exclusive right to their respective writ
ings and discoveries" Out of this express delegation
of power have grown laws Of patents and copy
tights. As the constitution expressly delegates to
Congress the power to grant exclusive privileges in
these the means of executing the substantive
power o promote the progress of science and useful
arts is constant with the fair rules of construction
Al