Vandalia Whig and Illinois intelligencer. [volume] (Vandalia, Ill.) 1832-183?, 1832-08-01

six millions of dollars if they shall deem it eXpe
dent" This provision is continued in force. Nv
the act before me, fifteen years from the Sd OF
March, 1886.
If Congress possessed the power to establish
one Bank, they had power to establish more than
one, if, in their opinion, two or more Banks, had
been Unnecessary" to facilitate the execution of
the powers delegated to them IN the constitution.
If they possessed the power to establish a second
Bank it was power derived from the constitu-
ton, to be exercised from time to time. and at
any time when the interests of the country or the
emergencies Of the Government might make it
expedient. II was possessed by one congress as
well as another, and by all Congresses alike, and
alike at every session. But Congress of 1916
has taken it away from their successors for TWEEN
ty years, and the Congress of 1889 proposes to
abolish it for fifteen years more. 1t cannot be
''necessary" or "proper" for Congress to barter
away dvest themselves of any of the powers,
vested in them by the constitution, to be exercl-
sed for the public good 1t is not "necesssdry'
to the efficiency of the Bank, nor is it ''proper'
in relation to themselves and their successors.-|
They may properly use the discretion vested in
them; but they may not limit the discretion Of
their successors .'Fh& restriction on themselves
and grant off monopoly to the Bank, is, there
fore, unconstitutional.
pal pabe attempt to amend the constitution by an
act of legislation. The constitution declares
that the Congress shall have power to exercise
exclusive legislation in all cases whatsoever"
over the district of Columbia. Its constitutional
power, therefore, to establish Banks in the Dis.
trict Of Columbia, and increase their capital at
will, is unlimited and uncomfortable by any 9TH
or power than that which gave authority TO the
constitution. Yet this act declares that Con-
gress shall not increase the capital of existing
banks, nor create other banks with capitals ex-
ceedng in the whole six millions of dollars The
constitution declares, that Congress shall have
power TO exercise exclusive legislation over this
District, sin all cases phatsoerer;" and this act
declares they shuH not Which is the supreme
law off the land? This provision cannot he she
cesSGry," or s'proper,n constitutional" un-
less the absurdty be admitted, that whenever it
be Unnecessary and proper" in the opinion of
Congress, they have right to barter away one
portion Of the powers vested in them by the con-
stiu'ion as means ofexecuting the rest.
On two subjects does the constitution recog
Mise in Congress the power TO grant exclusive
privileges or monopolies 1t declares that "Con-
gress shall have power to promote the progress of
science and useful arts, by securing, for limited
times, to authors and inventors, the exclusive
right to their respective writings and dlscove-
Ties" Out of this express delegation of power,
have grown our laws Of patents and copyrights.
As the constitution expressly delegates to Con-
gress the power TO grant exclusive privileges in
these cases as the means of executing the sub
stantive power "to promote the progress of sci
ence and useful arts" it is consistent with the
falr rules of construction to conclude that such
power was not intended to be granted means
of accomplishing any other end. On every 9TH
ttos #
gressional power, there is an ever living dscre-
ton in the use of proper means which cannot be
restricted or abolished without an amendment of
the constitution. Every act of Congress, there
fore, which attempts by grants of monopoiies, or
sale OF exclusive privileges for limited time, or
time without limit, to restrict Or extinguish its
own discretion in the choice of means to execute
Its dciegated powers, is equivalent to Legislative
amendment of the constitution, and palpabiy I'M
constitutional.
This act authorizes and encourages transfers of
ITS stock to foreigners, and grants them an ex-
empu0ntrom all state and national taxation, 81
far from being necessary and proper" that the
bank should possess this power, to make 1t safe
and efficient agent OF the government in its fisca
operations, ii is calculated to convert the Bani
Of the United States into foreign bank, to i'm
poverlsh people in time of peace, to dissent
the repubiic-and in war, TO endanger our indie
pendelce
The several states reserved the power at tn,
formation OF the constitution, to regulate ane
control titles and transfers of real property. ant
most, If not all of them, have laws disuuaifvine
aliens from acquiring and holding lands within
their limits. But this act, in disregard of ,bt
undoubted right of the states to prescribe sucf
hIsquaiications. gives to aliens, stockholders If
this bank, an interest and title as members of the
corporation, to all the real property it NAV ac
quire within any of the states of this Union.-
Tbs privilege granted to aliens is not necessary
to enable the bank to perform its public duties
nor in any sense proper because it is vitalk
suhyersive of the rights of the states.
The government of the United States have n,
constitutional power to purchase lands within tn,
STATES except or the erection of forts, magazines
arsenals, dock yards, and other needful buildings
and even for these objects only ''by the consen
ct the LEGISLATURE of the state in which the same
shall be- By making themselves stockholders
sn the bank. and granting to the corporation tn,
power to purchase lands for other purposes, the,
assume power not granted in the constitution
and grant to others what they do not themselves
possess. 1t is not necessary to the receiving, SAFE