The Massachusetts spy. [volume] (Worcester [Mass.]) 1831-1858, 1832-10-10

ment of the message will conduct its followers
Sir, in considering the authority of Congress 10
invest the Bank with the particular powers granted
to it, the inquiry is not, and can not be how appro-
pirate these powers are but whether they be al all
appropriate whether they come within the range
of inst and honest discretion whether Congress
may fairly esteem them to be necessary. The
question is not, they the ttcst MEANS the best
means, whether the Bank might not be estab-
lished without them. But the question is, are
they such Congress, bona fide, may have regard
ed as appropriate to the end. II any other rule
were to be adopted, nothing could ever be settled.
A law would be constitutional to-day, and uncon-
stitutiona Tomorrow. Its constitutlonality would
altogether depend upon individual opinion, on
matter of mere expedency. Indeed such case
that is now actually before MIR. Madison
deemed the powers given to the Bank in its pres
ent charter proper and necessary. He held the
Bank, therefore, to be constitutional. But the
present President, not acknowledging that the
power OF deciding on these points rests with Con-
gress nor with Congress and the then President,
but setting up his own opinions, as the standard,
declares the law, now in being, unconstitutional.
because the powers granted by it, are, in his est-
nation. not necessary and proper. pray to be
informed. sir whether, upon similar grounds of rea-
soning the Presidents own scheme for Bank, if
Congress should do unlikely thing as to adopt it,
wonlo not become unconstitutional also, if it
should so happen that his should hold his
Bank IN as light esteem as he holds those estab-
lIshed under the auspices of Washington and Badi-
son
If the reasoning Of the message be well founded
II Is clear that the charter Of the existing Bank is
not law. The Bank has no legal existence it
is not responsible to Government it has no author
ity to act; it is incapable of being all agent; the
President may treat it a nuty Tomorrow with
draw from it all the public deposes and set eaoat
all the existing national arrangements of revenue
and finance. 1t is enough to state these monstrous
consequences, to show that the doctrine princi-
pies, and pretensions of the message are entirely
inconsistent with a government Of laws. If that
which Congress has enacted be not the law of the
land, then the reign of the law has ceased, and the
reign OF individual opinion has already begun.
The President. in his commentary on the details
ot the existing Bank Charter undertakes to prove
that one provision, and another provision, is not
necessary and proper because, he thinks, the
same objects proposed to be accomplished by them
might have been better attained in another mode
and therefore such provisions not necessary and
so not warranted by the Constitution. Does not
this show, that according to his own mode of rea-
sonlng, his own scheme would not be constitution
al, since another scheme, which probably most
people would think better one, might be substi-
tuted for it Perhaps, in any Bank charter, there
may be no provisions which may be justly regarded
as absolutely indispensable; since i. is probable,
that Tor any Of them, some others might be substi
tuted No Bank, therefore, ever could be estab-
lished; because there never has been and never
could be, any charter of which every provision
should appear to be Indispensable, or necessary and
proper, In the judgment of every individual To
admit, therefore, that there may be constitution
al bank, and yet to contend for such mode of
Judging Of its provisions and details, the message
adopts, involves an absurdity. Any charter, which
may be framed may be taken up, and each power
conferred by it: successfully denied, on the ground
that, in regard to each, either no such power is
Z" necessary or proper" in bank, or which is the
same thing in effect. some other power, might be
substituted for it, and supply its place. That caA
never be necessary in the sense in which the PES
sage understands that term, which may be Opens
ed Nth, and cannot be said that any powerlay not
be dispensed tcit. if there be some ott1rs, which
might be substituted foi it, and whin would ac-
compllsh the same end. Therefor, no bank could
ever be constitutional because hone could be es-
tablished, which should not contain some provis-
ions, which might have been omitted, and their
place supplied b. others Mr., President, / have
Understood the true and we'll established oocrrIne
to be that, after it has been decided, that it is
petent for Congress to establish bank, then it fol-
lows, that it may create such bank il judges, in
its discretion, to be best and invest it with all such
power as 1t may deem fit and suitable with this
limitation, Always, that all is to be done in the
bona hde execution of the power to create Bank.
II the granted powers appropriate to the pro-
tessed end, that the granting of them cannot be
regarded as usnrpation of authority by Congress,
an evasion Unconstitutional restrictions under col
or of establishing bank, then the charter is con-
sttutional, whether these powers be thought Indis
pensable by others or not, or whether even Con-
gress deemed them absolutely indispensable, or
only thought them fit and suitable; whether they
are more or less appropriate to their end. 1t is
enough, that they are appropriate; it is enough
that they suited to produce the effects designed;
and comparison is to be instituted in order to try
their constituiionality, between them and others
which may be suggested. A analogous to the
present, is found in the constitutional power of
Congress over the mail. The constitution says no
more than that " Congress shall have power to es-
tablsh post Offices and post roads )" and in the
general clause, all powers necessary and proper"
to give effect to this In the execution of this pow
err, Congress has protected the mail, by providing
that robbery of it shall be punished with death. Is
this infection of capital punishment unconstitution-
all Certainly it is not unless it be both "proper
and necessary" The President may not think it
necessary proper the law, then, according to-
the sysi EN- of reasoning enforced in the message,
is of no binding force, and the President may diso
hey it, and refuse to it executed. The truth is,
Mr. President, that if the general object, the sub
ject-matter, properly belongs to Congress, all its
incidents belong to Congress also. If Congress is
to establish post Offices and post roads, it may, for
that end, adopt set of regulations or another ;
and either would be constitutional. So the details
of one bank are as constitutional as those f anotn-
er if they are confined, fairly and honestlO to the
purpose of organizing the institution, and ry ndering
1t useful. One bank is as constitutional aseanother
bank If Congress possess the power to makea
bank, it possesses the power to make it efficient
and competent to produce the good derived BY il.
II may cIotne IL win all sucn powers ana prVeg-
es, not otherwise inconsistent with the Constitu-
ton, as may be necessary in its own judgment, to
make 1t what Government deems it should be. 1t
may confer on it such immunities, as may induce
individuals to become stockholders and to furnish
the capital; and, since the extent OF these inmu-
mites and privileges is matter of discretion and
and matter of opinion, Congress only can decide
it, because Congress along frame, or grant the
charter. charter thus granted to individuals be-
comes contractwith them, upon their compliance
with its terms. The bank becomes an agent, bound
to perform cestain duties and entitled to certain
stipulated rights and privileges, in compensation
for the proper discharge of these duties, and all
their stipuatlons long they appropriate to
the object professed, and not repugnant to any 9th
or constitutional Injunction entirely within the
competency of Congress. And yet, sir, the mes
sage Of the President tolls through all the common
place topics of monopoly, the right of taxation the
suffering of the poor. and the arrogance of the rich
with as much painful effort, as if one or another
or all of them, had something to do with the con.
stitutona question.
What is called the monopoly" is made the sub
ject oirepeated rehearsal, in terms of special com
plant. BY this monopoly" suppose is under
stood the restriction contained in the charter, tina
Congress shall not, during the twenty years, Great,
another bank. Now, sir, let me ask, who woul,
think Of creating bank inviting stockholders int
II, with large Investments imposing upon it heay
duties, as connected with the Government; receiy
ing some millions Of dollars as a bonus or premium
and yet retaining the power Of granting, the nez
day, another charter, which would destroy IN
whole value of the first? Ii this be a unconstit,
tional restraint on Congress the Constitution mu
be strangely at variance with the dictates both
| good sense and sound morals. Did not the fir
bank OF the United States contain a similar restrit