The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-07-17


the honorable Senator will undoubtedly agree,
that la DONG this, have consented 10 overlook,
LOT the present, the fact, that the power 10 estab
llsh Bank has been exercised, with the excep-
ION oil two short intervals, by the National Go
VeTnlheht, ever since lis existence; and that no
such power was ever exercised by the States, as
Is proposed IN the amendments but, taking the
proposition as presented by himself, he will see
that y does not carry the parallel far enough TO
test the question involved in this debate. Ii only
reaches The position we at present occupy, and
apuy explains lt-that is, that the General Gov
eminent have undlsputed power 10 create Banks
IN tins District, and the States like power 10
do so within their limits; this does not reach
The question Of the power 10 establish offices
OF a National Bank within the States. That
power, like the jurisdiction of the territory,
IS not now exercised by any government; but
was very happy to hear the honorable Senator
from Virginia say that it ought 10 be exercised !;
that there was now necessity for Bank for the
use oil the Government, and for the benefit OF
the people. In this fully concur. And thought
convection that such an institution was neces-
sary ior the Government 10 carry into effect It's
expressly granted powers, would remove all the
scruples of the most fastdious.
But to return to the territory. The occupation of
il represents the exercise Of this questionable
power Let us continue the parallel. There is ne
eminent should adopt for that purpose measure
sinart he one proposed in this amendment, and
authorize company OF men TO occupy II, with the
assent OF the BRUSH authorities, and the men OBJ
tanned that assent; would ask under whose iurs-
dlction the territory would be after these proceed
ingsl The occupation is made byus 10 depend on
English authority, and the territory, by that act
goes under her jurisdiction. And let me tell the
honorable Senator that, in my judgment, there is
| M n American oh olonU tho WI
of our Northeastern line, who would deign to
cut log or trap a beaver upon that territory, un-
der any authority emanating from the British
Crown. He would instinctiyely feel that il was
surrender Of the right He would not care
nor do Ipretend to know, what the national law,
as laid down by Vatte mightbe in such case,
but we should all feel that this would be the law
OF nature
And, Mr.. President, such will be the judgment
OF the whole American people II you adopt this
amendment. They will say you have surren-
dered the power of this Governments the States
The common-sense view of the settlement of
question between soveregns involving the exer
else OF power Is, that the right passes 10 the one,
which, b. the acts of both, is allowed to exer-
else it. | would ask the honorable Senator
from Virginia, who enjoys a high reputation as
statesman, if he would consent, while this
question Of Jurisdiction was pending between
the two Governments that ours should do an act
like this, in reference TO that territory Would
II not in his Judgment, determine the question
against Us !? But suppose this Government had
been in possession, and exercised jurisdiction
over the disputed territory for forty years,as fully
as they have exercised this power TO establish
the offices of Bank, would he advise our Gov
eminent 10 give up the possession, and 10 retreat
within a line which nobody could dispute about,
as the best course to relieve the question from
embarrassment, and have it amicably settled2-
Or, would he regard the question as relieved
from all embarrassment and as settled by con-
tlnuing the same Jurisdiction over that territory
which we had exercised from the commence
ment of the Government 1t is perfectly plain,
in every aspect in which the question can be
viewed that instead of our merely torbearlng 10
exercise this power, or postponlng II, as the hon
orable Senator supposed, we should by the
adoption Of the amendment do all could
do TO surrender it. Such conclusion is ire
sistible. The only consideration, then, which
he presented 10 US, who preferred the bill as re-
ported, has failed; for the proposition itself
rested upon the ground, that the power should
not be gwen up or surrendered
But if we could do this, and could dlvest this
Government of this power and vest 1t in the
States, this amendment would not remove the
supposed constitutional difficulty; because the
amendment itself embraces provision TO en-
poy an agent, or to establish an agency, in any
State, without the assent of the State-whch
agent or agency is authorized TO transact all the
business of the Bank, except the business OF
discounting and il is urged that il may do every
thing but discount promlssory notes. Now, 1t
appears TO me perfectly clear that II would re-
qulre the same power to establish an agency to
receive deposits, circulate the notes OF the Bank,
and deal IN bills OF exchange, that II would TO
establish an office 10 do this, and include also
one other banking power, that is TO discount-a
power, too, which will give the most relief in most
of the States. To have power TO do the one
and not the other, is a distinction in the constl-
tutional powers of Government that, il does not
appear to me, the human mind can conceive or
comprehend
| commend to the honorable Senator the
views here taken of his argument upon the dis
puted territory, and upon the provision IN his
amendment authorizing agencies TO be estab
hshed and ask him If it is not clearly shown
that both the considerations upon which he
urged his motion have failed 7 The power
would be surrendered, and the constitutional
difficulty not removed.
also believe il would be found as difficult TO
carry out this plan in practise, as it has proved
to be TO defend II in argument.
The amendment proposes TO establish an in
stiutlon which would be mpractlcable--one to
do business in one State with an Office under
State authorty-and in another with an agency
under National authority. A Bank cannot exist
without both the authority and protection of Go
vernment; il must necessarily be under the ju-
rIsdcton OF one government or the other. 1t
cannot be under both. No such concurrent iu-
risdcton is given BY the Constitution over any
subject committed to the charge Of the General
or State Governments. Wemustmake either a To-.
cal or National Bank. If we make local Bank
for local purposes only, it can operate only where
we have right 10 exercise local legislation. If
we make National Bank for national purposes,
the national authority and protection must ne
cessarlly accompany 1t in its extended sphere of
duty and ne o cnnese A RAM u,;tL n nation Z