The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-10-12
FISCAL BANK OF THE UNITED STATES.
REMARKS OF MR.. WISE,
OF VIRGINIA.

IN Me rouse % Representatives., august U, lofi
On the bill TO incorporate the subscribers TO the
Fiscal Bank OF the United States, delivered in the
House of Representatives, in Committee Of the
Whole on the state of the MON.
Mr.. MARSHALL, of Kentucky, having concluded
his remarks the 10th section of the bill
Mr.. WISE rose and said: Mr.. Chairman, the main
part of my work is done, and done much better than
! could have done it myself The gentleman who
has Just conciuded--to the language Of his own
compliment to me on the Distribution blll-Las iaked
this compromise 10Th section from stem to stern ne
mas lett neither spars nor rigging nor hulk IL VIII
be hardly necessary for To survey the wreck OF that
part Of this bill which his argument has left behind
But have IN view other matter, and Will proceed 70
touch upon much oft Shrewsbury clock will al
low would give the per diem OF the week Tor tioo
hours instead OF one.
As TO the pooer Of Congress to incorporate Ma
tiona Bank have no scTuples. never had. AT the
very beginning of my public life met that question
without any, The least conceament, without reserve.
and without defeat. met il in district where the
issue at first doubtful, and in State which has
always been certainly opposed to my opinions. These
opinions have been expressed al various times, in pri-
waite and an public. in and out of season, and
particularly al the extra session of 1887 when the In
dependent Treasury bill was debated in Congress.
then took occasion to advocate both the constitution
atty and expediency of National Bank, and To
throw myself in advance upon the intelligence and
virtue OF the people whom represented.
The proofs upon which l relied history, con-
temporaneous exposition the experience of the coun-
try and the letter and spirit of the Constitution
Upon these l can now only touch In history IN ge-
neral have very little faith But the proofs Of the
history OF this question irretragabe The facts
are too recent and too well known be doubted or
misunderstood and the witnesses 10 them too high
and too sacred to be mpeached. We know what was
done before the Constitution formed, what was
done at Its formation, and what has occurred since
The Constitution Is in our han Is, and the who
made IT, wa made
first bank charter. They were not vi no said one
thing and meant another. They were no partisans,
but patriots. They were Washingons, Madisons,
and trankns-athers Of the country, fathers of the
Constitution, fathers of science and knowledge, TO
whom tho Father Of the Gods handed down from
Heaven the very lightDings OF his power firmly
ABIDE by the exposition OF such men--none OF whom
ever contradicted themselves this question except
those wo at first opposed and afterwards sanctioned
the exercise OF this power to charter Bank. And
their acts and construction of their works have
ever since been confirmed by all the sanctions of every
succeeding generation, by all the authorities of the
executive, legislative, and Judicial departments Go
vernment and by the uniform acquescrnce of the POI
polar will under the law. If the Constitution was
doubtful, this was enough for my conviction -
But never had any difficulty in deciding under the
Constitution itself.
In 1897, presented all the arguments, old and new,
upon the constitutional question. do not propose to
discuss them again now. Nothing new has ever been
added to the arguments of 1871, But one view of
reading clause in the Constitution, little differ
ent from, in being more comprehensive than that Of
others, will barely touch.
The old postulata are
LIST. Every poirer granted to Congress, and every
duly impos, d upon Congress, is specified. But the
to execute the poioers and to perform the duties
not specified. They undefned and left to the
sound discretion of Congress- restrained only by the
words necessary and proper" Congress Is left a
free opinion of mednsfree adopt the best adapted
rniI uran oil nUnr a.Ia 90 nr,ft IN
their accomplishment exercise, and "proper-that
u.s. uncongenal inconsistent with the nature and
form OF our Government And to give the word " ne
cessary" absolute indispensable meaning would
be TO destroy all option OF means whatever.
I'd. "A specific enumeration of was wisely
avoided or rather never vainly attempted. For such
an enumeration would have been infinite and would
have required Omnscence itself to embrace all the
TO suit all the ends and powers and duties of the
Government throughout all times aud emergencies,
and their endless vcissiludes.
81. As TO these means, too Congress was express
ly made Independent, or acknowledgements As far as
II was given any poicer far II made TO depend
upon the means OF It's creation to exert that power
4th. To incorporate National Bank is in it.
self substantive potoer, but is merely incl
dental TO great substantive powers and ends of legis
ation necessary and proper to their execution or
accomplishment.
The J,o,rers granted to Congress to which this
Of National Bank is usually made 10 attach
LIST. To lay and collect taxes, &c.
ID. To borrow money, &c.
Sd. 10 regulate commerce, &c.
4th. To coin money, regulate the value thereof, and
of foreign coin, &c.
And the chief duty of Congress to which it attaches
is, to make all duties, imposts, and excuses uniform
throughout the United States"
Such are the poirerS and duty of Congress. And
the clause of the Constitution winch read differently
from others is that which concludes the 9Th sec
ton of the LIST article
6 And to make all laws which shall be necessary
and proper for carrying execution the for egoing
powers"
Now, here, sir most gentlemt stop in their reading
and their argument, too, this question They ne
yer touch the subsequent and most important, least
studied and misunderstood par, OF the Constitu-
tIon-the part of this clause which follows and all
other powers vested by this Constitution in the Cor
eminent of the United States or in any department
or .6fce thereof" Mark this phra.eoogy throughout
-" and all other powers" There other powers
besides those of Congress- and besides the foregoin
powers, which are powers Of Congress. Again AN
other powers vested by this Constitution in the Cor
of the United States there is the generic
term or in any department'-here is the specific
term or office hereqt-"-and there is the individual
term
Then my argumen, is, that if Bank can be prov
Ell, "r has proved itself, necessary and proper
TO carry into execution the foregoing powers
Or any of" al other powers vested by the Constitution
In the GUrernment or in any department oI Office
thereof, it is constitutional 10 charter it,
i he powers OF Congress, OF the Government en-
ire of any department office thereof not all
enumerated. An instance Is, the power 10 recognise
a nation IF The earth. There is power result
ing from the very eristente of the Government IL Is
lodged in Congress 10y this clause. THERE'S the pow
er 10 keep and control The public money ], IS mo-
where expressly gwen yet it belongs 10 Congress 10
keep that power out Of the hands of The Executive
IN tni Inn Of he
could never think OF any other than coiporaon or
creature of some sort like National Bank. And
there he power to organize Treasury Department.
with It's various offices to which this of a Ma.
tional Bank seems most essentially necessary ahd
proper it may be made part OF the very organn \
ton Of such department and its offices w bat is
there 10 prevent No form of department ID gwen
In the Constitution But To the powers aud duties OF