Staunton spectator. [volume] (Staunton, Va.) 182?-183?, 1832-07-20

CURVE, when acting IN their legislative Ca
paciiies, but TO have only such influence as
the force Of their reasoning may deserve.
But in the case relied upon, the Supreme
Court have not decided that all the features
OF this corporation are compatible with the
constitution. 1t is true, that the court have
said, that the law Incorporating the bank, is
constitutional exercise of power by Con-
gress. But, taking into view the whole o.
pinion of the court, and the reasoning by
which they have come TO that conclusion, |
understand them to have decided that, mas
much as bank is an appropriate means for
carrying into effect the enumerated powers
OF the General Government, therefore, the
law Incorporating it is in accordance with
that provision OF the Constitution which de-
clares that Congress shall have power "to
make all laws which shall be necessary and
proper for carrying those powers into exc
cution Having satisfied themselves, that
The word necessary" in the constitution,
means 'needful," "requisite," essential"
"conducive to-" and that a "bank" is a con-
venient, useful, and essential instrument
in the prosecution of the Governments ifs
cal operations" they conclude that, 10 ''use
one must he within the discretion of Con-
gress;" and, that, "the act 10 incorporate the
Bank ofthe United States, is law made in
pursuance of the constitution" But"
say they, '',rhere the ia,o is not prohibited,
and really calculated to effect any ofthe OBJ
JecfS entrusted 10 the government, to under
take here to inquire into The degree OF
ats necessity, trouid be to pass the line trhich
circumscribes the judicial department, and to
tread on Legislative ground"
The principle here affirmed, is, that the
degree of It's necessity" involving all the
details ola banking institution, is question
exclusively for legislative consideration. A
| bank is constitutional; but il is the province
Of the Legislature 10 determine whether this
or that particular power, privilege or eX-
emption, is necessary & proper" 10 enable
the bank 10 discharge lis duties 10 the Gov
eminent, ard from their decision there is no
appeal 10 the courts oI Justice. Under the
decision ofthe Supreme Court, therefore, il
is the exclusive province of Congress and
the President to decide, whether the partic-
ular features of this act are necessary and
proper" in order to enable the bank to per-
form, conveniently and efficiently, the pub
lie duties assigned TO it as fiscal agent, and
therefore, constitutional or unnecessary
and Improper, and therefore, unconstitu-
tional.
Without commenting on the general princi-
pie affirmed by The Supreme Court, let US
examine the details of this act, in accordance
with the rule Of Legislative action, which
they have land down. 1t will he found that
many of the powers and privileges conferred
on IT, cannot he supposed necessary for the
purpose for which il is proposed 10 he created,
and are not, therefore, means 10 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 he
established by any future law of the United
States, during the continuance ofthe corpo-
ration, hereby created, for which the faith
OF the United 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 hanks in said
District, with capitals not exceeding, in the
whole, six millions OF dollars, if they shall
deem il eXpedient." This provision is con-
tinued in force by the act before me, fifteen
years from the Sd of March, 1886.
II Congress possesses the power TO estab-
lish one bank, they had power TO establish
more than one, if in their opinion, two or
more banks had been necessary" 10 facili-
tate the execution of the powers delegated 10
them in the Constitution. If they possess
ed the power to establish a second bank, il
was power derived from the Constitution,
10 be exercised from time 10 time, and at
any time when the interests Of the country
or the emergencies OF the Government might
make il eXpedient. 1t was possessed by
one Congress as well as another, and by all
Congresses alike, and alike at every session.
But the Congress Of 1916 have taken il away
from their successors for twenty years, and
the Congress of 1882 proposes TO abolish it
for hiteeL years more. Ii cannot be "neces-
sGry" or "prOper" for Congress 10 barter
away, or divest themselves of any of the
powers vested IN them by the Constitution,
10 be exercised for the public good. IL is
not necessary" in relation to themselves
and their successors. They may properlv
use the discretion vested in them, but they
may not limit the discretion in their success
ors. This restriction IN themselves, and
grant of a monopoly TO the bank, is therefore
unconstitutional.
10 another point OF view, this provision is
apalpable attempt to amend the Constitution
by an act of Legislation. The Constitution
declares that "the Congress shall have pow
or" TO exercise exclusive legislation in all
cases whatsoever, over the District OF Col
umbia It's constitutional pow err therefore
10 establish banks 10 the District Of Column
bia, and increase their capital at will. is I'M
limited and uncomfortable by any other Low
er than that which gave authority TO the
Constitution. Yet this act declares, that
Congress Shall not increase the capital of ex-
listing banks, nor create other banks with
capitals exceeding in the whole six millions
OF dollars. The Constitution declares. that
Congress shall have power TO exercise ex-
elusive Legislation over this district ain all
cases iUhGtSOeUeT," and this act declares fbev