, 1841-06-26

Porauc U Ndtl0nAl Bank, IL can
ON. % carried on BY an incorporated company. The
N9nAtuouon contains no grant of power TO establish
aoank--on the contrary the journals of the Couvsn.
ton which framed the Constitution. shsw,
for and refused:
Lhasa power to grant charters Of incorporation was
asked for and refused:
And this proposition though varied in many ways
enG oiten repeated, was - often defeated-indeed so
lsalousiy was the power of incorporation regarded, that
IN refusing 1t for canals and Internal improvements,
mr.. Jefferson tells us it was from a fear that such cor.
Porstions would be converted into banks.
Inc power to make a Bank, and powe: to create any
corporation, being thus repeatedly refused 10 the Con.
stltutlon, can the General Government assume il BIZ
indirect mesns--by implication and construction7 Iii
claimed as necessary and proper to carry into effect the
!oIo~ing enumerated powers: to collect taxes, duties,
imports and excises: to borrow money on the credit of
Tho Sat- coin money, and to regulate commerce.
III necessary and proper to effect these great ends,
wny "asthe power to establish a bank absolutely re.
fused by the Convention? 1t cannot by pretended in
answer 10 this question that the Convention was ipno.
rant OF tho use Of Banks. Besides the Bank of Eng
land. and that of New York. in New York. and Of
Massachusetts,, in Boston, then in existence, the Bauk
OF North America was at that very time in successful
operation in the very city where the Convention was de.
liberating. Ii was therefore with a very full, kn,wl.
edge at allthe advantages which their agency promised,
or the agency of q National Bank could afford, tina, the
Convention forbore to avail itself of the former and
utterly refused to incorporate the latter. Considering il
neither necessary or proper, they refused TO allow il an
existence. II is no reply TO a constitutional argument
10 say That circumstances have charged ana make
that now necessary and proper which was not so then;
tnat would make the Constitution the creature of cir
cunstances, changing and varying with every huctua.
ton in our condition. Instead OF being a fundamen.
tai law controlling all others, an organic rule, recula.
ting aud restoring The inferior agencies employed in sd-
ministerlng the Government, IL would itself become sub
jeci to their control and be sha ped at their will
Nor do we regard the repeated exercise of this pow.
e'. no. the repeated decisions. of the Supreme Court
IN It's favor as settling the question in favor of its con-
stitutlonalIty. Questions Of Constitutional right and
liberty are always open to the people. No length of
time and no repetition of it can sInctify usurpation into
a right. Il belongs not TO the past, but TO the present,
and we must judge for ourselves and may at all times
rectIfy the mistakes of our ancestors. The constitution
Is solder, and stronger, more binding and more sacred
than any error, and it is al all times our right and our
duty to restore, and vindlcate its true construction. If
II have defects in this particular il should be amended
in the mode provided by itself. ANY other m.de of
amendment, however sanctioned BY time, by repetition
and by the judgments of the Courts is bu, the interpola.
tion Of precedent, and should be regarded as of no blu-
ding authority on the people
On the Distribution of the Proceeds Of the
Public Lands-taat Evil Of EviIs-that most
unjust, ilItimed, impolilic and nconstitu,ion
al measure, the report is equally cogent, and
powerful. We call the readers attention 10
the following comprehensive extract:
At the head OF the measures. which il is
understood will be pressed upon Congress. is
the Distribution OF the Proceeds OF the Sales
OF the Public Lands amongst the Slates.-
These amount on an average to about So,
100000 annually. 1.-THE very time this
proposition is made Ia take out of the public
Treasury $4,000 900, and to divide it as Il
gItt amongst the States, they declare that
the Treasury is not able 20 pay the ordinary
expenses of the Governments; and that they
must saddle on the Country Il public debt. bv
borrowing al least $4,000 900. for imme-
date exiLencIeS. and also tnat they must al
nuaIly raise several millions more. beyond
the IS 100000 thus distracted. by increas-
ing the taxation on the people through the
Tariff. And 1T the same time. be it remem-
bered. we are almost on the point OF war
with England, The most powerful nation OF
the Globe. upon questions of boundary and
national law of the greatest importance and
dIfficuIty-whiIe we are unprepared--our
towns and coasts being almost without torti-
fications--our forts without soldiers or arms
our arsenaIs but indiierentlv supplied with
munitions and military stores-and our Ma
w, inferior In numbers, and behind their con-
temp1rarIeS IN equipments OF the improved
implements OF modern warfare. If the pub
lie service require money, this should be u.s.
ed for that service-if it be not needed.
there is no excuse for increasing the burih-
ems of the country, by raising the Tariff. If
they increase taxation on the people 10 raise
money 10 give back to the States, we should
see little TO admire at in the scheme, but its
stupidity and folly. Unfortunately, howev-
er, there is more which, so far as we are con-
cerned, makes it wantonly oppressive, be-
cause it will tax our people more than five
dollars for every one il gives back to our
Stale; it uses the treasure of the nation as a
bride to degrade the States into miserable
dependencies on Federal patronage, and tax
es Us. the people to make up the deficiency
thus created in the Treasury-it is IN uncnn-
stitutional AMI debasing use OF the public
monev-it goes to destroy the independence
of the Stites-it stimulates them to reckless
expenditures, and imparts a spirit OF extrava-
gance subve.sive Of those maxims of econo-
my which are the best securities Of Repub.
lican Governmental is the entering wedge
of assuminu the debts OF the Siatps-and is