The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-07-13

mons IN pursuance Of il, can be maintained.
haylng, then, the repeated decisions Of the
highest Judicial tribunal OF the nation, one Of
whose appropriate functions il is, TO put an end
10 all doubts upon the question OF power, assert
ing ana UNFOLDING II, we are bound, think, TO
consider their decisions as declaratory of the
true meaning OF the CONSTITUENCIES incorpo-
rated IN and made part of the Constitution it.
sei-and IN all cases 10 which they are properly
applicable, to be the supreme law Of the land.
might stop here, in reference To this subject,
and, think, confidently affirm, that in view OF
these solemn adjudcations, and these alone, the
question OF the consttutionality of Bank with
branches, IS no longer open to debate l pro-
pose, however, 10 make few other suggestions
connected with this point, and also in connexion
with the rest of the amendment now under the
consideration Of the Senate
II the power to establish branch in State
without lis consent, is not given to Congress by
the Constitution, how can il be conferred by the
action OF the States separately Does il make
the location OF branch any more lawful be-
cause the State consents TO its establishment?
How can a State confer power on Congress
| TO do an act which the Constitution prohibits il
from DOING The powers Of Congress grow out
of and depend upon the Constitution. They
exist because they are granted by that insttu-
ment, and for that reason alone Now, if a par
ticular power is withheld can il be conferred by
the action OF single State-or by the concur
rent action OF all The States excep. in the form
provided Tor IN the instrument, VIZ by an
amendment 10 il IL certainly would be novel
mode Of obtaining power. by attempting TO ex-
ercise il in the first instance, contrary TO the
Constitution, upon the contingency that one or
more Of the States assented TO il If Congress
have the power 10 establish Bank with branch
es, as being in lis judgment fit and proper and
N he nd al py M
It's other powers, that power must exist indepen-
dent OF and without reference TO the authority Of
the States-and if il does not possess such
power, if il is not conferred by the charter
which creates, defines, and limits its authority,
how can the States, except in one way-by an
amendment 10 the Consttution-conf il? A
striking illustration of the foregoing view of this
subject would be found in the following cases.
Tie Constitu ion prohibit, Congress from pass
ng any bill of attaindtr or expo>t facto law -
tr'm laying any capitalion or other direct tax,
unless IN proportion 10 the census-from laying
an export duly-ffom giving preference by any
regulation OF commerce or revenue 10 the ports
q one State, over hose of another Could the
power TO do any of these acts be conferred on
Congress, by the mere assent Of the States z
And would laws TO effect any of these objects be
constitutional, if provision was made that the
assent of the State should be first given2 And
if it were given, would the exercise of the pow
er be then and for that reason lawful?
Suppose Congress were inhibited from making
any thing but gold and silver coin tender 10
payment of debts due to the United States,
would the assent of State 10 an act of Con-
gress making bank notes legal tender give le-
gal efficacy TO such an enactment2 w ould ii
be constitutional law2 Is that clause in the
Constitution which provides that all laws of the
United States winch are made in pursuance of
il, shall be the supreme law of the land, binding
the Judges, in every State, to be so construed
that such laws are either 10 depend, for their obi
gatory force, upon their concurrence with the
constitution or laws of State, or are TO acquire
their binding efficacy by reason of an express or
Implied assent, 10 be given TO them, subsequent
ly, by State And vet the essential feature
of the present amendment is designed to obviate
a constitutional difficulty growing out of the
want OF power TO create branch In State, by
requiring its assent, and thus comforting power
by such assent, which, without il, has no exist
ence. 1t seems to me that if there be any such
impeachment, il is not removed by
the action of the States in the way contem
plated.
1t is also well worthy of consideration, whe-
Their the constitutional right to create bank at
all, which is TO operate out OF the limits OF the
District of Columbia, as this is certainly intend
ed 10 do, and as it must do or else II has neither
the form, nor the shape, nor the substance OF
National Bank, does not necessarily imply pow
er to create branches in the several States, II
Congress deem Them necessary and proper 10
carry into effect powers eXprt ssly granted. Who
is to Judge of this proprety and necessity
Certainly not the States. If Congress may
Judge in these particulars, does not the admis-
SION that il may create Bank for national pur-
poses, necessaril, admit the power OF establish
ing branches? Did the trainers of the Consti-
tuition intend that Congress might make Bank,
as being necessary 10 the proper management OF
the revenues by way of collection and dlsburse-
ment, and vet not to be at liberty TO place II
where il supposed these ends could be best ac
Might it make Bank, and yet
have no power TO locate it, or branches OF 1t, ex-
cepi in this District, the Territories, the dock
wards, the forts, or the arsenas OF the nation
The question may, then, with propriety, be re-
peated, If the power TO incorporate Bank, Tor
the purposes mentioned, be admitted, does II
not follow, as necessary consequence, that the
power to place ii where il will produce the de-
sired results, is also admitted And how can
one OF these powers exist without the other z
And is not the argument which asserts that the
from tho fact, that the incorporation OF Bank
of the United States is constitutional, a sound
argument?
1t may be added, further, on this point of con-
power, that the residue Of the amend
ment provides for acts to be done for and through
the instrumentality of, the Bank, which would
seem TO imply the existence of the power which
is derived-of establishing offices of dircount
and deposit. The Bank is authorized to employ
any agent or agents, or Bank or Banks, TO be APP
proved by the Secretary of the Treasury, at any
place or places the directors may deem safe and
proper, to manage and transact the business
proposed as aforesaid, other than for The pur
poses Of discount, &c, &c. &c. Now it is said
that these agencies can perform all the appro
pirate functions Of Bank, except that of dis
promissory notes. They can deal or
trade in bills of exchange, gold or silver coin, or
bullion, or goods or lands purchased on execu
IDh