The Massachusetts spy. [volume] (Worcester [Mass.]) 1831-1858, 1832-07-25

the case before me, it takes away powers ex-
pressy granted to Congress, and rights scru,
pulously reserved TO the States, it becomes us
TO proceed in our legislation with the utmost !
caution. Though not directly, our own powers
and the rights Of the States NAV be indirectly |
legislated away in the use of means to execute /
substantive powers We may not enact that I
Congress shall not have the power of exclusive |
legislation over the District OF Columbia but |
we may pledge the faith of the United States
that, as a means of executing other powers, il |
shall not be exercised for twenty wears or for
ever. We may not pass act prohibiting the
States to tax The banking business carried on
within their limits, but we NAV, as a means of
executing our powers over other objects, place
that business in the hands of our agents. and
then declare it exempt from State taxation in
their hands. Thus may onr powers and the
rights of the States, which we cannot directly
curtail or evade, be fritte, ed away and extin-
guished in the use of means employed by us TO
execute other powers. That a Bank of the
United States, competent to all the duties
which may be required by the government,
might be SO organized as 10 infringe on our
own delegated powers, or the reserved rights
of the States, | do not entertain doubt Had
the Executive been called upon to furnish the
project of such an institution, the duty would
have been cheerfuly performed. In the alb
IL
that he should confne himself to pointing out
those prominent features in the act presented,
which, in his opinion, make it Incompatible
with the Constitution and sound policy. A
general discussion will now take place, elicit.
ing new light and settling important prncip pies;
and new Congress, elected in the midst Of
such discussion, and furnishing an equal repre-
sentation of the people, according to the last
census, will bear to the Capitol the verdict of
public opinion, and doubt got, bring this i'm.
portant question to a satisfactory result.
Under such circumstances, the Bank comes
forward and asks renewal of its charter for a
term of fifteen years, upon conditions which
not only operate as gratuity to the stock
holders of many millions of dollars, but will
sanction any abuses, and legaize any encroach-
ments.
Suspicious are entertained and charges are
made of gross abuse and violation OF its char.
ter. An investigation unwillngly conceded
and SO restricted in time necessarily to make
it incomplete and unsatisfactory diseloses
enough to excite suspicion and alarm.
In the practices of the principal Bank par
italy unveiled, in the absence of important wit.
nesses, and in numerous charges, confidently
made and as yet wholly uninvestigated, there
was enough to induce a majority of the com
mittee of investigation, committee which was
selected from :he most able and honorable
members Of the House of Representatives to
recommend a suspension of further action up.
on the bill, and prosecution of the inquiry
As the charter had yet four years TO run, and
as renewal now was not necessary to the sue
cessful prosecution of its business it was TO
have bosn expected that the Bank itself, con-
scous of its purity, aud proud of its character,
would have withdrawn its application for the
present, and demanded the severest scrutiny in.
to all its transactions. In their declining to do
so there seems TO be an additional reason why
the functonaries of the government should
proceed with less ha ste and moro caution in the
renewal of their monopoly.
The Bank is professedly established as an
agent ofthe Executive branches Of the govern
ment, and its consttutonality is maintained on
that ground. Neither upon the proprety of
present aclsn nor upon the provisions of this
act was the Executive consulted. II has had
no opportunity to say that it neither need |
nor wants an agent clothed with snch powers
and favored by such exemptions. There is not
thing in its legitimate functions which make it
necessary or proper. Whatever interest or in
auence, whether public or private, has given
birth to this act, it cannot be found either in the
wishes necessities Of the Executive Depart
ment by which present action is deemed pre-
mature, and the powers conferred upon its
agent not only unnecessary, but dangerous to
the government and country.
1t is to be regretted that the rich and power.
ful too often bend the acts of the government
TO their selfish purposes Distinctions in soci-
ETY. will always exist under any just govern.
ment. Equality of talents, of education, or of
wealth, cannot be produced by human institu-
tons. In the full enjoyment Of the gifts of
Heaven, and the fruits of superior industry
economy, and virtue. every man is equally en-
titled TO protection by law. But when the laws
RI 10 ia adj tn
vantages, artificial distinctions, to grant titles
gratuities and exclusive privileges, to make the
rich richer, and the potent more powerful, the
humble members of society, the farmers, me-
chanics and laborers, who have neither the
time nor the means of securing like favors to
themselves have right to complain Of the in
justice of their government. =.
There are no necessary evils in government
Its evils exist only in Its abuses If it would
confine itself to equal protection, and as iieav-
en- does its rains, shower its favors alike on the
high and the low, ;he rich and the poor, it
would be an unqualified blessing. In the act
before me, there seems TO be a wide and unne-
csssary departure from these Just principles
Nor is our government TO be maintained, or our
Union preserved by lnvasions of the rights and
powers of the sveral States. In thus ATTEMPT.
ing to make our general government strong,
we make it weak. It's true strength consists
in leaving individuals and States, az much as
possible, to tbemseves-in making itself felt,
not in its power, but in its benehcence, not in
its control, but in its projections not in binding
the States more closely to the centre, but Ieav-
ing each to move unrestricted in lis proper
orbit.
Experience should teach wisdom Most of
the difficulties our Government now encnun
tiers, and most of the dangers which mpend
over our Union have sprung from an abandon.
ment OF the legitimate objects of Government
by our national legislation, and the adoptits of
snch principles as are embodied in this act
Many of our rich men have not been content
with equal protection and equal benefits but
have besOught us to make them richer by act of
Congress. BY attempting to crafty their de-
sres, We have In the results of our legislation,
arrayed section against section, interest against
interest, and man against man, in fearful
co,nmotion which threatens to shake the loun- |
dation Of our Union. 1t is time to pause in our
career, to review our principles, and if possible |
revive that devoted patriotism and spirit Of
compromise which distinguished the sages of
the revolution and The fathers of our Union
II we cannot at once, IN Justice to interests
vested under improvident legislation, make our
government what il ought IN be, we can al
least take stand against all new grants of mo
nopolles, and exclusive privileges against any
prostitution OF our government. to the ad.
vancement of the few at the expence of The
many, and in favor Of compromise and gradual
reform in our code of laws and system Of DO.
litical economy.
have now done my duty to my country. If
by my fellow citizens, | shall be
grateful and happy; if not, shall find in the