The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1832-07-24


or that particular power, privilege or exemp
ton. is .necessary and proper" to enable the
Bank TO discharge its duties to the Govern
ment, and from their decision there is no ap-
peal to the courts of justice. Under tho de
cision ofth Supreme Court, therefore, il is
the exclusive province Of Congress and the
President to decide, whether the particular
features this act are Unnecessary and pro.
per-" in order to enable the Bank to perform
conveniently and efficiently the public duties
assigned to it as fiscal agent, and therefore
Constitutional, or unnecessary and improper,
and therefore unconstitutional.
Without commenting on the general prin-
ciple affirmed by the Supreme Court, let US
examine the details Of this act in accordance
with the rule of Legislative action which
they have laid down. It will be found that
many Of the powers ard privileges conferred
on it, cannot be supposed necessary for the
purpose for which il is proposed to be created,
and are not therefore means necessary to at
tain the end in view, and consequently not
justified by the constitution. ~
The original act of corporation, section 81,
euacts "that no other Bank shall be establish
ed by any future law Of the United States
during the continuance of the corporation
hereby created, for which the faith Of the
United Ststes is hereby pledged, Provided,
Congress may renew existing charters for
Banks within the District Of Columbis, not
increasing the capital thereof, and may also
establish any other Bank or Banks in said
District, with capitals not exceeding in the
whole six millions of dollars ifthey shall deem
it expedient." This provision Is continued
in force, BY the act before me, fifteen years
from the 81 of March, 1886. -
If Congress possessed the power to estab.
lish one Bank, they hac power to establish
moro than one, IL, in their opinion, two or
more Banks, had been Unnecessary" to facili-
ate the execution ofthe powers delegated 10
them in the constitution. If they possessed
the power to establish second Bank, it was
Q power derived from the constitution, 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
IL exped,cnt. II was possessed by one Con-
gress as well as another, and by oil Con-
gresses alike, and alike at every session.
But ,he Congress Of 1916 has taken 1t away
from their successors for twenty years, and
the Congress of 1882 proposes to abolish 1t
fo- 6fteen years more. II cannot be '.rtces-
safa or "proper" for Congress to barter a.
way or divest themselves Of any Of the pow
o's,scs'eu :" 'no" W '"o So"s'.u,'o"' '.
exercised Tor the puohc goon; NOT ne
etssary'' to the eifciency OF me BANK nor Is
H'proper III roia.'on 10 themselves aug ',e''
successors iney msy properly use tue t's
Creuon Ves'eu "a 'nem' pu. hey may m. ~
limit tne discretioh OF tncir successors. AhiS
restr,ction on themselves anc grant OF mo
nopoy 10 'ne Dank' is' 'nereio'e' "nSo"s"'o
'ionat ).
IA anotnei pom. o' v'ew' 'nis provision 70
paIPao.e attempt 70 emeh9 ane cons.vu.on
Sy an act Q, 'egs,e'lon. Inc eonNuu.'on
oeciares tnat inc "Eongress shsil nave pow,
to exercise exclusive Legislation IN al
cases whatsoever over the D'strict OF Coi
nmbla: lie constitutional power, therefore,
70 estao"sn banks ID the n,sis.Se on, .; . ..n
V's, suu '"S..ass .a SnPsa' 10 ~ III, III" " ~ -.
''ln"ou a"u uuvos''oas ,:s ~ sy v"S.
=. .au '"a. w.'y. ~ s.sU sy S,y ~ sL 60
ou.uuon' :" ss:. ~ ,Ia;,., Is''a,S. " "S 80.
g.eIs sna' w. s.ss s.s ILL Wv Spme Ssp .';,, 80
::.g osnns, ~. Sieo ,t .s ILL., ' ,;,';a,s w pf
I Ss,,,. Tshas rau.s;,r,;o. mos ',n J.oI..ns that
C"nn. ss., ~. n",.. Sn.o;s, 90.
.,"s;.s s;sIa,;nn ovps,h;. ps n;.,s;o, u.s.
.s ,s ,'.s.. " .nS I Ia ~, da.,a.as
,ha.. 80 W. ~ !. 49,. ,.n,a,,,a \. =,
81 . ;.n,..J M: .:..:. ~ = "e ssp VnV L
s.,.w ~ a. p'on,oc '.,:,.',:.s, .o '',,,"ss
sy ,sS % phops =, ,ta, hanonas uu,e
ha ' avy oe eaum.'eu, 'aa. ~nenv n.;";" IS T
.." sSSs'%y ,n a"u p'op1.. ~ 's vp,"o" =,
ta,; ne, nsss s.gm !" Va.'y. 80 Wy
,h. ~n.,,.., "on =: ."e pow.'s sesseu :" M ~
,"s r.s, eo"'''''o" - ne'"' " 'Ae'u''"s '"'
q, % ,vo .,h;..,. o,,v ao.. N. consultation
VI" swo suIlec~ on'y uoes WIG So"ssS''
elusive privileges or monopolies. Itdeclares
that "Congress shall have to promote the
progress Of science and useful arts, by secur.
ing for limited times, 10 authors and inven-
tors, the exclusive right to their respective
writings and discoycries.n Out Of this ex.
rro.. 5olaga,;on of nowe, bss CROWN orr