Democratic standard. [volume] (Georgetown, Brown County, Ohio) 1837-1850, 1841-08-10
From the Globe.
July %.
CONGRESSIONAL ANALYSIS.
From tho Globe.
SENATE.

SENATE.
The National Bank charter was taken
m as the special order, and read the third
time.
Az. Benton moved the indefinite post.
pouemen,, TO await Congress uneer the
new census, which would bring with Il
the will of the country il should represent.
He objected to the new amendment,
ss introducing principles directly against
the Constitution, as by the Supreme
Court in the case of the late Bank. The
Court decided that Congress was alone
empowered to declare when IT was nec-
essary and proper to establish Bank IN
The Union, This bill devolves the right
lin certain casss) on the State Leglsla-
lures to say, whether the establishment
Of bank is "necessary and propet." This
asking the assent of the States, resigns
the ground indicated by the Supreme
Court, as that only from which. the power
10 charter National Bank can be impli-
ed-ihe authority of Congress to decide
as to It's necessity and propriety TO carry
into effect the expressly granted powers
Of ihe General Government.
Mr.. Benton quoted The following from
the decision Of the Supreme Court, to
show the ground on which it placed the
power Of Congress 10 charter Bank:
81: certain means 10 carry into effect
any Of the powers expressly given by the
Constitution 10 the Government Of the
Union, be an appropriate measure moi
prohipited by the Constitution, the degree
of its necessity is a question Of iegisIGtiUt
discretion, not Of judicial cognizance,"
Messrs. Dixon and White opposed il
speeches Of considerable length, the
grounds assumed by Mr., Benton. They
insisted that the amendment recognised
fully the power Of Congress TO establish
the Bank any where, and only postpone
its execution.
Mr.. Woodbury. was in favor Of the mo
ton Of the member Of Missouri. L.
Because as the bill now stood, no loar
can be made in any State Of the Union
without further Legislation by Congress
or the States. The money Of the people
of the United States is to be taken anC
embodied in capital which cannot b'
used but upon contingency.
3. Because it was intended as a fsca
agent for the whole Union;an yet it ha
not footing in any legislation.
3 Because the Bank cannot be consti
tutionalIy established at all, unless Their
be an absolute necessity for ii to carr,
on the National Government.
II that necessity nov exists, IL is in
cumbeut on Congress 10 execute lis pow
or, and not posiPcne il upon The supposi
tion ofa necessity that may herealtc
RFise.
Negatived--ayes 81, nays 2S.
Mr.. Henderson stated that he roso Il
mako eORfession--not a speech. Ill
said if he had been in the Senate yester
daI, he would have voted against th'
amendment then ongra(ted on the bill
with regard to the assent OF the Slaiss.--
He further said that he absenied himsol
because he did not wish tU vote on the
question. lie would now, however, vote
for the bill notwithstanding the amend
ment bat would not detain the Senate Il
assign his reasons.
The question was then taken on tht
passage Of the bill, and decided in the Of
6rmaiive--ayes 20, noes 80 as follows:
YEAS-Messrs. Barrow, Bates, Bay
ard, Berrien, Choate, Clay of Kentucky
Dixon, Evan, Graham, Henderson, Hunt
ington, Ker, Mangum, Merrick, Miller
Morehead, Phelps, Porter, Prenliss, Pres
ton, Simmons, Smith Of oflndiana, SoulharC
TaIlmage, White, and Woodbride--26
NAYS-Messrs. Allen, Archer, Ben
ton, ,Bucahnan, Calhoun Clay Of Alabuma
Fulton, King, Linn, McRobertS, Mouion
Nicholson, Pierce, Rives, Sewer, Smill
Of C0nnecticut, Sturgeon, Tappan, Walk
or, Williams, Woodbury., Wright, anC
Young-2S.