Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1841-07-31

any other authority than that which gave exis
tence TO the Constitution.
Mr.. Van Buren,, his Amounted successor a:
Head Of the modern Democratic party, in like
manner, une1uivocally admitted the constitution
al po,oeT Of Congress TO establish a National
Bank leo nomine) within this District. There
is his famous letter To Mr.. Sherrod Wiliams.-
Let gentlemen read il, and make any thing
else OF it, if they can. In expressing his opin.
ions on the question Of the constitutional power
Of Congress to establish National Bank, his
negation OF the power is invariably made in ref.
erence to the States. Adopting The language Of
his friend, Mr.. Butler he says: che holds that
Congress does not possess the power to establish
a National Bank in any Of the States Of the
Union" "He is, therefore, decidedly opposed
to the establishment OF National Bank in any
of the States" and then adds, she is also op
posed TO the establishment OF such Bank in the
District OF Columbia as unnecessary and ine1.
pedient" Implying that in the District, it would
be constitutional at least. No one can fail to
perceive this marked contradistinction through.
ought, in his position as to the establishment OF
National Bank in The States and in the Dis.
tric, placing his opposition to the former on the
ground Of want OF Constitutional power, and
to the latter, on considerations Of e1pediency
alone. Indeed, the very principle Of the con.
stitutional objection as stated BY him, and which
he Justly says was the main point Of Mr.. Jeffer.
sons celebrated opinion against the establishment
of the first National Bank, to.wit that the
Constitution does not giue Congress the po,cer to
erect corporations within the States" OF necess
ty excludes the District Of Columbia; for all
must admit that Congress does possess the power
of incorporation in this District.
The constitutional po,cer OF Congress, then. to
incorporate Bank in this District for the con.
venience and uses OF the Government, if deem.
ed eIpedient, is power which has been recog.
nized and admitted by all parties, from the birth
OF the Constitution down to the present day. 1t
has been, in an especial manner, admitted, and
in terms the most unequivocal, by leading and
distinguished men of the Republican and Demo.
cratic parties, who have been most signalized for
the zeal and earnestness, as well as ability, with
which they have denied the general power OF
Congress to establish National Bank within
the limits OF the States. After this steady and
unbroken current Of testimony and opinion,
flowing through the course OF half century, it
would seem to be in vain to call in question a
power thus vouched and sustained. The plan OF
the Secretary Of the Treasury, then, so far as the
question Of constitutional power is involved in
the incorporation Of Fiscal Bank OF the United
States in this District, may be safely assumed TO
rest on incontestible ground+
Mr.. RlvEs then proceeded to consider the
other part Of the Secretary's plan, which provi.
ded for the assent of the States to the establish.
ment Of branches Of the proposed FISCAL Bank
within their respective limits; principle which
was rejected by the bill of the Senator from
Kentucky (Mr. Clay,) but which Mr. R. wished
to restore by the amendment just offered. ], /,
contended in the report made by the honorable
Senator, said Mr.. Rives, that this part of the
Secretary's plan is founded on the false princi.
pie that the powers OF Congress can be enlarged
by the consent Of individual States, without re.
sorting to that process Of amendment, requiring
the concurrence Of hree-fourths Of all the States
which the Constitution itself provides. But thi:
is entirely to misconceve the nature and extern
Of the effect attributed to the assent Of the States
by the Secretary's plan. fully and unhesita
tngly subscribe, said Mr.. Rives, to the doctrine
laid down by Mr.. Madison in his veto messag,
on the internal improvement bill--that the gen
eral powers Of Congress cannot be enlarged be
yond the boundaries prescribed in the Constitu
ton, by the assent OF individual States. But, r
this case no effect OF that sort is claimed for the
assent of the States. The assent Of the State!
to the establishment, within their respective
limits, OF branches Of the proposed Fiscal Bank
created here does not, in any manner whatever
enlarge the power Of Congress. The power OF
Congress is fully exerted in the act OF creating
the corporation here, and giving it the legal at
tributes and faculties Of an artificial being Tha
Congress has full constitutions al power to do this
has been already amply shown. The only effec
OF the proposed assent OF the States is to permi
this corporation, when thus lawfully and consti
tutionally created by Congress here, to extend i,
operations, by such branches or agencies as
may think fit to constitute, within the limits 0
their respective sovereignties.
And will any gentleman seriously contend tina
it is not competent for the States to do this. Sup
pose that the State Of New York should create ,
bank intended to promote her commercial inter
course with the other States OF the Union, by
dealing in domestic exchanges stake, indeed III
existing case OF the Pennsylvania Bank OF tn
United States-will any Senator gravely tell M
that it would not be competent for Virginia, il
the exercise Of her own sovereignty, to perni
any such institution to establish brach or agen
cy within her borders. And could it be pre-
tended, in such a case, that the permission thu
given by Virginia, had, in any manner, enlarge,
ITO this list Of Republican authorities. may b
added the following pregnant letter uf that sterin
Republican and patriot Judge White of Tennessee,
KNOXVILLE, July Gath, 1887.
DEAR SIR: Your favor, dated 18th ult., vas re
ceived by the mail which arrived here on yes.erda
and with pleasure, ! send you an immediate al
r swer:
Your recollection of the contents OF ms lett,
to Mr.. kincahnon is correct. | then stated, ar
yet believe, Congress has not The po,rer tn churer