Vandalia Whig and Illinois intelligencer. [volume] (Vandalia, Ill.) 1832-183?, 1832-08-01


es granted by This act, subscriptions for tvs IN
dred millions OF dollars, could be readily obtaneds
Instead OF sending abroad the stock of the 3 ak
!, In when the government must deposit its funds,
ana on which 1t must rel y to sustain its crt:d in
t times OF emergency, it would rather seem To DO
expediet to prohibit its sale to aliens under pen.
t atty ofabsolute forfeiture
u 1t is maintained by the advocates of the Bank
that Its censttutionay in all its features ought
5 to be considered as settled by precedent, and by
the decision of the Supreme Court. To this con.
+, cluson, cannot assent Mere preceden is d
} dangerous source ofauhority, and Shout npt 70
, regarded as deciding questions Unconstitutional
power, except where the acnuiescence of the peo.
,Iple and the States can he cefsic,ered well set.
tied 80 far from this being the case On this alb.
IJecf, an argument against the Bank might be sas
sed on precedent. One Congress in 1871 deci-
ded IN favor of Bank; another in 1911 decided
against It, One Congress in 1915, decided q"
lgalnst Bank, another in 1915 decided in its ia
vor. Prior to the present Congress, therefore,,
the precedents drawn from that source were equal
Ii we resort to the States, the expressions of LIE.
glsatlve, Judicial and Executive opinions against
the Bank, have been probably to those in its a.
yer, as four to one. There is nothing in precer
dent, therefore, which, if its authority were adj
mltted, ought to weigh in favor of the act before
me-
Ii the opinion of the Supreme Court covered
the whole ground of this act, it ought not to con
troll the coordinate authorities of this Govern.
ment. The Congress, the Executive and the
Court, must each for itself, be guided by Its own
opinion Of the Constitution. Each public Officer
who takes an oath to support the Constitution.
swears that he will support it as he undersiande
1t, and not as it is understood by others. Il is as
much the duty of the House of Represen ives.
|of the Senate, and of the President to decide up.
On the constitutionaIity Of any bill or reso ution
which may be presented to them for passage o.
j approval, as it is of the supreme judges when |.
may be brought before them for judicial decisoK
u The opinion Of the Judges has no more authority
'ver Congress than the opinion of Congress has
over the Judges, and on that point the President
Issupreme Court must not, therefore, be permitted
; 30 control the Congress or the Executive, when
acung IN their legislative capacities, but to have
Iony such Influence as the force of their reason
ling may deserve.
n But in the case relied upon, the Supreme
u Court have not decided that all the features Of
this corporation compatible with the Consti-
tuition. II is true that the court have said that
d the law incorporating the Flank is a constitutional
Exercise Of power by Congress-. But, taking in.
4 to view the whole opinion of the court, and the
reasoning by which they have come to that CON,
lclusion. understand them to have decided that.
, lnasmuch asa Bank is an appropriate means for
carrying into effect the enumerated powers of The
general Government, therefore, the law incorpd,
rating it is in accordance with that provision Of
the Constitution which declares that Congress
shall have power "to make all laws which shah
he necessary and proper for carrying those pow
ers into execution" Having satisfied them
selves, that the word necessary" in the Consti-
tuition, "needful," "requ,site," essential"
I'conducire to-" and that ga Bank'' is convent
ent, useful and essential instrument in the pros.
lecution of the Governments 'fiscal operations"
they conclude, that to "use one must be within
the discretion of Congress-" and that 'sthe ACT to
incorporate the Bank of the United States is .
law made IN pursuance of the Constitution:n
Shut" say they "here the la,o is not prohibited
and is really calculated to effect any of the Oh
jects entrusted to the Government, to undertake
here to enquire into the degree of its necessity,
avoald be to pass the line Which circumscribes the
Judicial Department and to tread on Legislatipe
ground"
Il The principle here affirmed is that "the degree
of its necessity" involving all the details of
Il Banking institutions is question exclusively for
legislative consideration A Bank is constitu-
tional; but it is the province ofthe Legislature to
!, determine whether this or that particular power,
privilege or exemption, is Unnecessary and properp
to enable the Bank to discharge its duties to the
| Government, and from their decision there is no
i, appeal to the courts Of Justice Under the decsr
ion ofthe Supreme Court, therefore, it is the exs
lclusive province of Congress and the President
to decide, whether the particular features OF this
act are Unnecessary and proper" in order to ena-
n BILE the Bank to perform conveniently and eff.
GENTLY the public duties assigned to 1t as fiscal
agent, and therefore constitutional, or unneces
$ sary and improper, and therefore unconstitu
e|tional.
e Without commenting on the general principle
l. 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.
+ 1t will be found that many of the powers and priv
e ileges conferred on it, cannot be supposed neces
sary for the purpose for which it is proposed to be
Icreated, and are not therefore means necessary
to attain the end in view, and consequently not
/ Justified by the constitution.
d The original act Of corporation section Fl, en-
acts shat no other Bank shall be established by
n any future law of the United States during the
r continuance of the corporation hereby created,
81 for which the faith of the United States is hereby
I pledged, Provided, Congress may renew existing