The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-07-13
In SENATE,
Tursn.y JuIv & 1871

being on Mr. RlvEs amendment, requiring the ASSEM-
Of the States to the establish ment Of branches
! Mr. WHITE, Of Indiana, said: Before the vote is
taken will claim the indulgence Of the Senate for
few moments not TO re argue the bank question, but
TO adduce very briefly some considerations connected
with the new issue now presented-in form an AMIGA
Bile issue, but involving If the affirmative shall prevail
a wide departure from the true principles OF the w hg
party and dangerous innovation upon the forms OF
legislation and upon the constitutional action OF the
Federal Government. | voted, sir TO substitute the
amendment of the Senator from Delaware MIR Bay
ard) for that proposed by the Senator from Virginia,
because, If change to be made, preferred that
1t should be IN that form. The amendment Of the
| Senator from Delaware holds up the mirror 10 the
| proposition before the Senate, and reflects It's
image before the country in its most Objectionable and
repusiye form. The most effective mode of argu-
mcnt which be adopted agains, that proposition
the drgumentum al abSurdum. use the term IN It's
logical sense, and with the most respectful considera-
ton towards the author and friends the proposition
and certainly no words of mine urge the amend
men to It's selfdestroying results apy and concu-
svely as the paraphrase which found IN the subst
| tute offered by The Senator from Delaware. That
amendment substitute and employs the
power OF Congress TO establish branches IN the States
with all the usual banking powers except the one Of
| ilscounting promssory notts--a provision virtually
contained IN the amendment OF the Senator from Viz
gina and presumes the assent Of the States TO the
exercise OF that power also unbidden by legislative
enactment at the first OF their respective legis
lailres after the passage of this act This statement
OF the question, by aslnge view OF solitary result
exhibits at the demands Of the whole subject up
on he power and capacities of Congress, and the Ia
appropriateness, not TO say inadmsslbity, OF the
amendment OF the Senator from Virginia.
That amendment contemplates a new feature IN our
legislation. If 1t shall succeed, this will be proud
day for the Senator from South Carolina, MI Cal
houn and for the school of politicians OF which he is
the distinguished leader 1t will be the triumph OF
those who say that the Government we represent was
compact OF the states, and not OF the people OF the
/ States and those whose canon Of constitutional CON
structon is that the Federal Government not State
and that the States the Government But, sir, il
practical confirmation be given To such doctrine by
this high tribunal another great constitutional states
man VIII be stripped OF his laurels need not say to
whom allude. When declare that adopt his the
DRY of the Constitution, you have The assurance that
am unwilling to his honors, won in such field,
tarnished.
I Within my short experience of public affairs, have
not Witnessed so dangerous an innovation upon the
harmony of our Federal system the proposed.
u The General Government, cnarglng the circle OF its
power by borrowing from the States IN manner I'M
known 10 the Constitution From the States in their
corporate capacity, and from such of them only as
may grant the boon Setting up its authority over
Il onehaf the nion and acknow lodging It's impotence
IN the other half This is appeal 10 the authority
of the States in amatter where they have urisdic
ton, and their assent does give color to our
night OF occupancy of their territory by Federal ma
chinery Ii 1t were So where are the guarantees OF
the Constitution and where the limits of power 7
Is the asserting State the only that is interested in
the exercise of such power2 Every confederate
State has a right to demand that Congress shall not
j transcend lis powers within the limits of any her
State. The harmony and perfection of our system is
found in the stability of our Constitution, and in the
derivation of every power directly from its authority.
Mr. Preston, IN his place, here suggested the de-
post act OF 1886, as ecedent where the assent OF
estates was required,h
That was contract with the States in the nature
of grant Other contracts have been made with
particular States, for their benefit for the mutual
behef of both Governments, In the minds of some,
peihaps even those were questionable powers, 1t Is
needless here to advert TO those arguments of high
! stae necessity or of political equity which demanded
the restoration - the people and States for whom 1t
WIS raised of unexpected surplus OF revenue, and
some adjustment of the domain lying within the urs-
dicion of sovereign States The not analo-
go,s with the present. Here is act of pure pre-
rogtlve-a matter which relates to the administration
OF This Government III It's most vital parts finances.
Tosupply the faculties supposed 10 be needed, we do
not refer even 10 our proper constituency That con
slit nenoy Is the people, numbered to be sure, not In
mass, but by classes OF States and upon fixed ratio,
Now, put 1t to the Senator from Virginia whether
II would not better conpoIt with the theory of our Go
vernmen to refer To the ultimate Sovereignty the peo-
pie, rather than TO the communities OF the States who
are in soveregnsl For although all
powers expressly granted reserved by the Fede
raj Constitution TO the people ana 10 The States it
the people who reserved those powers and not the
States. There is theory in this amendment which
would lead to the widest extremes 1t inculcates,
with the mos, admonitory philosophy, the truth that
our functions derived entirely from the Consitu.
ton, where the people have spoken and for all
The rrcgularIty oil the proposed system is apparent
from the quotations made by the Senator from Geor
gia Mr Berrien) from the Constitut of several
the States inhlbng then Legislatures from establish
ing any other than State Bank. Such inhhi-
non is found in the Constitution of Indiana and il is
doubted by some of her best nancers and ablest law
yers, whether the Legislature of that State could
compstibIy with her Constitution authorize the loca-
ton of branch of any foreign bank within her limits
1t for this reason among others, that the PEOPLE OF
Indiana invoke the authority of Congress establish
a National Bank there
shall not pause however TO urge the Thousand
views which present themselves, illustrative If the
onesdedness and decreptude of the proposed scheme,
1t is the erratic and dangerous principle 10 which Oh.
ject the infusion OF eaven of incalc uabe mischief
into our legislation the threatened destruction OF ma
tonal and State balances; the surrender of benef-
cent power, which derives s quality of usefulness
manly from the fact that is supreme and lndspu-
table. In the existing condition OF the country, we
could not have been asked TO make this ndet
on grGver occasion than the present Coming from
the Northwest, could not record my humble
vote agalnot It in sience-that Northwest which has
been the sheet unchor of the bank question, il j.
orthodox upon most other great questions OF public
policy now made triumphant, iondly hope, by The
succession of Wing Administration ln,he elevated
and honorable rank borne 10y the Northwestern States
in the prosecution OF that great system of reform
Dictated by the election OF our late ramented Chief NJ
gIs,rate and his virtuous and honor,d colleague we
felt something like personal pride added those
emotions of patriotism with which we contemplated a
renovation of our institutions and reform of 20.
Icy. hat sentiment attached itsc to the person OF
venerated chle who had guided our infant councils
through half century, and gave TO US oftbe West
kind of secure and domestic confidence IN the aus
pces Of cause under which had embarked.
Grevlou. indeed, will he the disappointment OF our
people Il that cause shall mscarfy. Can II be that
there is any maformailon OF lis elemental parts that
will the political edlfce happily reared To