The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-09-28

could DO shown that lie establishment was expressly
prohibited by the Constitution clearly neon
sstent with and destructive Of powers expressly vest
cd in the General Government. Il could not be de-
power 10 establish it not expressly granted,
upon the ground that lis establishment not
sary and proper
The absurdity would be in the opposite proposition
that decision by Congress to the erpediency
and constitulionalily of certain measure, or GER
tain exercise Of implied power would be equivalent
an express grant of power, to continue in force until
repealed by an amendmentto the Constitution Whe.
Their necessary and proper moi, that its exercise by
one Congress, would be constitutional because pre-
ceding Congress had exercised it, and because it
necessary and proper in ITSELF al the time of its
exercise.
The absurdity arises from considering the constitu-
tionality of the exercise Of an implied power
quality apart from lis necessity and proprety, and in
not considering that the necessity and proprety of any
measure must depend as matter Of course upon
events and circumstances, which may not be the same
to one Congress TO another The constitutionaliiy
Of express grant of power depends upon the force
Of the words in which the grant is couched the
stitutionality Of an implied power, not expressly
clearly prohibited depends upon the force of the cir
cumstanccs which render it necessary. The meaning
of words cannot change the force Of circumstances
may
There is nothing, therefore, in the decision of the
Supreme Court TO prevent the National Legislature,
any branch of il, from questioning the consti
tutonai,y of Bank Of the United States. If its
Il.
y itself depends circumstances which changea-
BILE and fuctuating
But another argument has lately been urged against
the consu,ionality Of an incorporated Bank of the
United States which adserted to in the decision
Of the Supreme Court, and which, unless there
concealed fallacy in it, would seem to have powariu
bearing the question: and might, if another ineor
porated National Bank created, induce the SUI
preme Court itself to modify its former decision.
This argument is drawn from grant decided by
the Supreme Court in the of the trustees Of Dart
mouth College Woodward.
The principle of that decision, far it is applca-
bic the present question: thus laid down by Judge
Story in his Commentaries on the Constitution (book
III, c. 34)
There is no doubt, as TO public corporations,
which exist only for public purposes, that the egsla
ture may change, modify enlarge ond restrain them
with this limitation, however that property held by
such corporations shall still be secured for the of
those for whom and at whose expense il has heen
quired The principle may be stated in more gene
raj form. II charter be mere grant Of political
power if it create civil institution, TO be employed
in the administration Of the Government, or if the
/ funds be public property alone and the Government
alone be interested in the management of them the
| Legislative power over such charter is not restrained
by the Constitution, but remains unlimited The
reason is that IL is only mode Of exercising public
rights and public poirers, for the promotion Of the ge
neral interest and therefore il must, from lis rery
nature, remain subject TO The Legislative lriH al
ways that private rights not infrnged trenched
upon"
This applies with still greater force to the
National Legislature which does not labor under the
same restriction the States, 10 laws mpairng the
obligation Of contracts.
/ The application of this decision to corporation
created by the General Government, opens
field Of debate. How far Congress ALLEVIATE its
power the public money or the currency, by de-
egang it for term Of years to corporation Should
| not fiscal agent of the Government always remain
subject 20 the will Of the National legislature Can
one Congress deprive its Of the power of
choosing fiscal agent? If bank, created by Con-
gress to operate the nion should by the will of
Congress, cease to be an agent Of the Government
would il not be reduced to mere private corporation
such Congress could not constitu'ionaly create to
operate over the Union If Congress delegate
one Of its powers fol term of years to corporation
could it moi delegate all
A FREE WING.