Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1834-02-13


have paid as much respect to any opinion Of his
on a question Of law, delivered from his private
Office, 81 any man. But, broBght within the pes
tlcntiaI atmosphere of Washington, he must be
excused il he could not accord full credit TO his
public opinions. Mr. e.. hoped that the refer
ence would take place; and was satisfied that the
report .uting from it would show that the usur-
patton, Of which the President complained. hsd
been here, and not in Philadelphia, and that the
Bank, after full inquiry, be acquitted from this
as well as all other serious charges that had been
brought against il
Mr. WRIGHT said, he thought he was in
possession Of fact which would enable the SEN
ate 10 decide on this subject He would state
that the gentleman from Kentucky was mistaken
in what he said in relation 10 the powers given
70 the w ar Department on this subject. He (Mr.
w } would merely say, that the power claimed
by that Department as TO the pension law was
different; by that il has no reference whatever
either 70 the law Of 1873, which is commonly de q
nominated the "pension law" or the law Of
1882. The officer at present at the head Of the
/ War Department, is the same officer who cor
rectcd the decision Of his predecessor in that re-
spcct, having thought il was wrong that any pay
ment should BE- made in virtue Of the provisions
I Of the last act by the Bank Of the United States,
but that the payments should be made elsewher
than by the Bank. He mir. W. was sure
that the gentleman from Kentucky would not
go so far as to say that the officer would thus re-
verse his own opinion so palpably He thought
the Senator had not thoroughly examined the
subject, or he would have found very marked
difference between what he supposed to be the
facts in relation 10 this subject aud the real state
Of the case. When the gentleman should have
examined the matter, he was Of opinion that he
would be satisfied.
Mr. w. said that his feelings compelled him
to make a few remarks in reference 10 what had
been said by the gentleman from Kentucky in
relation TO the Attorney General, whom he had
-. Il
atmosphere in which he was at present moving.
He (Mr. W. would say, that the Attorney
General was not TO be affected by any such in
fuence, for he was man of integrity, truth
aud candor, and would not give opinion which
he did not, in his conscience, believe TO be right.
The motion was agreed to
MIR. WEBSTER's REMARKS,
In THE SENATE on THE lsT. INSTANT.
take the occasion (said Mr. WEBSTER 10
make a remark two in reply to the gentleman
from New York, the right of the Chair, not
now in his place, (Mr. TALLwApoE,) who sir
did not understand, or did not hear distinctly
the few observations which made in relation TO
the constitutional power OF Congress to establish
a Bank. did not go into argument, nor did
undertake TO prove, that Congress has the pow
er, but merely advefted TO the history OF the
country for the last forty years, from the year
81 10 this day, for the purpose Of showing that
all Congresses had admitted the power, as well
as all the Judicial tribunals.
The highest Judicial Court has admitted the
power after the most solemn discussion. Every
Executive has sanctioned the power, and none
more distinctly than the present President him
self, who, in Directing 10 Bank which Congress
may have to rc-chartcr, objected to il for parti.
cnlar reasons. He has told us that if he had been
applied to, he could have devised Bank thai
would have coniormed TO the Constitution. And
he has told us, ALSO another occasion, that 1
Bank of the United States would be useful ant
convenient TO the people. And, now, after al
this, are 10 be told that Congress does no
possess the power TO create Bank! As hav,
said, II is not my purpose to go into wide fielc
of discussions but shall endeavor TO present my
view ofthis subject, which is brought before m,
| in the opinions of the Secretary Of the Treasury
and all those who sustain him and il is this.
see no difference between the constitutional pow
or of Congress to create Bank agent Of its own
and TO use it, and the constitutional power O
| Congress TO adopt an institution its agent; in
other words, TO make agent out of the existing
institution. The gentlcman's perception may be
sharp enough TO see distinction between these
two cases, but il is too minute for my grasp.
If there were now a law pending before the
Senate TO affirm and sanction all that the SCcreta-
~ has done; TO adopt these State institutions as
the fiscal agents Of the Government where
would the gentleman find authority in the Con-
stitution to pass such a law? There are no ex-
press words giving il. He will find il in one
place, and one only, and that is the clause which
gives Congress the power TO pass any law neces-
sary to carry the granted powers into effect. No
where else. He must prove, if he were TO sup
port such law before Congress, that n bank
agency is such a thing is necessary and proper
for carrying on the Government, or they could
not pass law. Not being amCng the enumerated
powcrs-not being specially grantcd-it must be
found under thu general clause. j repeat, that
If such law were to be formed, the very first
thing would be 10 assume that bank agency is
M tn pn thaa
eminent. Well, on the other hand, there is no
express grant OF power 10 create Bank, and
there is no denial Of power. This power has
been exercised for the last forty years. and has
been always supposed to spring from the same
source: II Is power necessary TO carry into eff
feet other powers Of the Government. And gen
tlcmcn bound TO show strong ground TO sus-
tain their distinction, that, though Congress has
the power to adopt existing institution as lis
banking agcnt--for such banking agent is both
necessary and proper-yct it cannot create an
agent, though that agent may be admitted to be
both necessary and proper TO carry on the Gov
crnment.
| In both cases the operation Of the power oil
Congress is precisely the same. We create ;
bank, and by that very act create a fiscal agent
The sum and substance is, that we create a fisca
agent in the corporation. Here are corporation,
already existing, and we are called upon to ere
ate them into fiscal agency. The operation o
the power IS not only alike, but il is precisely
'''N"N''NA' ~ - power. the one case
to create fiscal agency, as, in the other by ere
atlnS Bank OF our own, or by making use of the
one already existing.
Sir, the honorable member from New Yorl
understood me in another sense. He saws that
argue, or express opinion, that a Bank of tn.
United States was one of the strongest bonds O
Union OF the States. That was not my remark
W hat did say was this-that the power of es
,ta5lishng uniform currency was one of the mos
essential powers of the Government bestowed OF
IT by the Constitution; and, that the proper exer
else and maintenance Of thatpower, as il was one
OF the most useful powers under the whole instru
ment, so IT was, in my judgment, one of the mos
important for the Union of the States And thi
IS my opinion speak it frankly. 1t is an opi
mon not formed to-day, and now expressed io
the first time; have entertained il long-I fee
its proof, deeply and sensibly. And, do believe
that when Congress shall have parted with il.
etiectual control over the money of the country
II viii have burst one Of the strongest social bonds
under which live.
1t appears TO me that the gentleman from, Nap