Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1832-10-25


4 adents Peto the Bank Bin, Jnly iIM
!, 1892
\ CoNCLU DED.1
Il The President in his commentary o
} the details of the existing Bank Charter
undertakes to prove that one provision,
another provision, is not necessary AN,
proper; because, as he thinks the sam
objects, proposed to be accomplished b.
them, isht have been better aitaine
in another mode, and therefore sucl
! provisions are not necessary, and so no
warranted by the Constitution. Doe.
not this show, that according to his nw 1
mode of reasoning, his own scheme woul,
not be Constitutional, since anothcl
scheme, which probably most pcoIle
think better one might be substituted
for it! Perhaps, in any bank charter
there may be no provisions which may
be Justly regarded as absolutely indis-
pensable, since it is probable that for any
of them, some others might be substiiu-
ted. No Bank, therefore, can ever be
established, because there never has
been and never could be, any charter, Of
which every provision should appear to
be Indispensable, or necessary and prop
or, in the Judgment Of every individual.
To admit, therefore, that there may be
Constitutional Bank, and yet to contend
for such a mode Of Judging of its provis-
IONS and details, as the message adopts,
involves an absurditv. Any charter
which may be framed may be taken up,
and each power conferred by II success
siveIy denied, on the ground, that, in re-
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 can never
be necessary in the sense in which the
message understands that term, which ,
may be dispensed with; and il cannot be
said that any power may not be dispen-
might be substituted for it, and which
might accomplish the same end.
Therefore, no bank could ever be con-
'stitutiOnal, because none could be estab-
lished, which would not contain some
provisions, which might have been omit
ted, and their place supplied by others.
Mr. President, | have understood the
tried and well established doctrine to be,
that, after it has been decided, that it is
for Congress to establish
bank, then it follows, that it may create
such bank as it judges, in its discre-
ton, to be best, and invest it withal such
powers as it may deem fit and suitable;
with this limitation, always, that all is to
be done in the bona Edc execution OF the
power to create bank. If the granted
powers are appropriate to the prolessed
end, SO that the granting of them cannot
be regarded as usurpation of authority
Dv Congress, or an evasion of Constitu-
ional restrictions under color of csiab-
ishinS bank, then the charter is Con-
whether these powers be
hought Indispensable by others or not,
n whether even Congress itself deemed
hem absolutely Indispensable, or only
bought them fit and suitable; or whether {
hey are more or less appropriate to their {
nd. 1t is enough that they are appro- {
riate; it is enough that they are suited I
D produce the effects designed; and no !
Omparison is to be instituted, in order to
~ their constitutionality, between them 7
nd others which may be suggested. A c
ase analogous to the present, is found S
} the constit utional power Of Congress b
yer the mail. The constitution says no Il
'ore than that, Congress shall have G
over to establish post Offices and post o
,ads;" and in the general clause call s
overs necessary and proper" to give Il
lect to this. In the execution OF this. ly
over, Congress has protected the maiI, N
Y providing that robbery OF il should be ol
Inishcd with death. In this infiction III
capital punishment unconstitutional =
ertainly it is not, unless 1t be both I'd
roper aud nccessary'.-The President W
ay not think it necessary or proper; the 4
W, then, according to the system Of fr
asoning enforced in the message, is OF th
, binding force, and the President may S,
sobey it, and refuse TO sec it executed. u,
he truth is, Mr. President, that il the
,neral object, the subject matter, prop. Ia
ly belong to Congress, all its incidents b,
long to Congress also. Ii Congress- o,
to establish post Offices and post roads, re
nay for that end, adopt one set of reg be
atoms or another; and either would be tn
So the details of one ia
nix are as constitutional rs those OF a In
ther, it they nre confined fairly and SCI
nes'ly, to the purpose Of organizing the gr
titutlon, and rendering it useful. One er
nix is IA constitutional rs another ol
nix. If Congress possess the power to ",
Ike bank, it possesses the powo to res
Ike il efficient, aud competent to pro- to
&c the good derived by it. II may pa
the il with oil such powers and privi- ito