Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1832-07-13

| ties to the Government, and from theil oe@'so"
there is no appeal to the courts Of justice. on'
der the decision Of the Supreme Court. therefore,
it is the exclusive province OF Congress ana the
President to decide, whether the particular iea'
lures Of this act are IS necessary and proper. IN
order to enable the bank to perform. convenient,
y and efficiently, the public duties assigned 10
as fiscal agent, and. therefore, CONSTITUTIONAL
or unnecessary and improper and, therefore, un'
constitutional. -.
Without commenting on the general principle
affirmed by the Supreme Court, let US examine
the details of this act, in accordance with the
rule of legislative action, which they have iaid
down. 1t will be found. that many OF the pow
ers and privileges conferred OIL ii, cannot be sup
posed necessary for the purpose tor which II Is
nroposed to be created, and are not, therefore,
means necessary to attain the end in view, and
consequently, not justified by the constitution.
| The original act Of incorporation, section 81.
enacts, - that no other bank shall be established
by any future law Of the United States, during
the continuance Of the corporation, hereby Great
ed, for which the faith OF the United States IS
hereby pledged: Provided, Congress may renew
existing charters for banks within the District OF
Columbia, not increasing the capital thereof,
and may, also, establish any other bank or banks
in said District, with capitals not exceeding, in
the whole, six millions OF dollars. it they shall
deem il expedient." This provision Is con,inu'
ed in force BY the act befure me, fifteen years
| from the Sd March. 1886.
If Congress possesses the power to estaolIsl
one bank, they had power to establish more than
one, if. in their opinion, two or more banks haa
been .. necessary to facilitate the execution Of
the powers delegated to them in the ConstItu-
ton. If they possessed the power to establish a
second bank, it was power derived from the
Constitution, to be exercised from time to time,
and at any time when the interests Of the coun-
try. or the emergencies Of the Government might
make it expetlient. 1t was possessed by one
Congress as we'll as another, and by all Con-
crosses alike, and alike at every session. But
the Congress of 1916 have taken it away from
their successors for twenty years, and the Con
gress Of 1852 proposes to abolish IT Tor hfteen
years more. 1t cannot be necessary OR 'Prop-
err" for Congress to barter away, or dIvest the,"'
selves of. any Of the powers vested in them by
the Constitution, to be exercised tor the public
good. 1t is not necessary to the efficiency OF
The bank, nor is it 'proper" in relation 10 them.
selves and their successors. They may property
use the discretion vested in them, but they may
not limit the discretion of their SUCCESSORS. -
This restriction Oh themselves, and grant OF mo-
nopoIy to the bank, is therefore unconstitutional.
In another point of view, this provision is a
palpable attempt to amend the Constitution by
an act of legislation. The Constitution declares
that ' the Congress shall have po~er'' to exer-
else exclusive legislation in all cases whatsoever.
over the District OF Columbia. Its constitution.
! al power, therefore, to establish banks in the
District of Columbia, and increase their capital
at will. is unlimited and uncomfortable by any
other power than that which give authority to the
n Vat the ~ 1aclarps hat Com
eress shall not increase the capital of existing
banks. nor create other banks with capitals ex.
ceeding in the whole six milions6f dollars
The Constitution declares, that Congress shall
have power to exercise exclusive legislation over
their district in all cases Whafsoerer. and this
act declares they shall not. Which is the su-
| preme law of the landi This provision cannot
be .necessary'' or ..prnper" constitutional
unless the absurdity be admitted, that whenever
| it be '.necessary and proper" in the opinion OF
| Congress, they have a right to barter away one
Dor ton of the pswers vested in them by the Con-
stitution as a means OF executing the rest.
On two subjects only does the constitution. re-
cognise in Congress the power to grant exclusive
privileges monopulies. 1t declares that
Congress shall have power to promote the pro-
gress of science and useful arts, by securing, for
limited times. to authors and inventors, the ex-
elusive right to their respective writings and dis.
coveries. Out Of this express delegation oil
power. have grown our laws of pateRts and copy
rights. AS the constitution expressly delegates
to Congress the power to grant exclusive privi
leges in these cases, as the means of execdtin9
the substantive power tn promote the progress
Of science and useful arts it is consistent with
the fair rules OF construction to conclude. tina,
such power was not intend 10 b. granted as Q
means of accomplishing any other end. On ev
cry other subject which comes within the scope
Of Congressional power. there IS an ever living
discretion in the use o! proper means. which can
not be restricted or abolished without an amend
ment of the constitution Every act Of Con
gress, therefore, which attempts, by grants o
monupolies, or sale of exclusive privileges for q
limited time, or time without limit, to res'ric
or extinguish its own discretion IN the choice o
means to execute its delegated powers. is equi
lent to a legislative amendment of the constitu
ton. and pa pably unconstitutional.
This act authorises and encourages transfers
of its stock to foreigners, and grants them ex
empion from all State and national taxation. -
So far from being "necessnry and proper" tina
the bank should possess this power. to make it {
safe and efficient agent Of the Government in 1t.