The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1841-07-31

ble benefits Of sound currency regulated exchanges
revived business, and restored prosperity
IN SENATE OF THE UNITED STATES.
jury %, Is4i.
The National Bank charter was taken up the
special order, and read the third time.
Mr.. BENTON moved the indefinite postponement,
to await Congress under the new census, which
would bring with the will Of the country should
represent.
He objected to the new amendment, as introducing
principles directly against the Constitution as ex
pounded by the Supreme Court in the case Of the late
Bank. The Court decided that Congress was alone
empowered TO declare when il necessary and pro-
per to establish Bank in the Union. This bill de-
wolves the right Tin certain cases) the State Legs
latuies to say whether the establishment Of Bank is
necessary and proper" This asking the assent OF
the States resigns the ground indicated by the Supreme
Court, that only from which the power TO charter
| National Bank can be imped-tbe authority Of Con-
gress to decide its necessity and propriey TO car
ry into effect the expressly granted powers ofthe Ge
Mr. BENTON quoted the following from the deci-
sion of the Supreme Court, TO show the ground on
which it placed the power Of Congress 70 charter q
Bank: 1& es
off certain means to carry into effect any OF the
powers expressly given by the Constitution to the Gov
eminent of the Union, be appropriate measure not
prohibited by the Constitution the degree Of neces.
sy is aques'ion Of legislative discretion not Of judi
Mr.. DIXON said it had not been his purpose to
delay the of the Senate by proracting debate on
the passage Of the BILL already so Lengthy and ably
discussed. But the remarks which have just fallen
/ from the honorable Senator fom Missouri (Mr Ben
ton,) were calculated, in some degree, TO awaken a
of responsibility awaiting the course ne had
adopted in relation this important matter-and 10
give him desire briefly to assign Of his reasons
TOR that course. For ii the honorable Senator was
correct in his position that the amendment introduced
i by the honorable Senator from Kentucky (Mr. Clay)
and yesterday adopted, had surrendered the branch
ing power of the Bank to the States he Mr.. ID, had
greatly mistaken its effect; and he must say, more
had been aware Of But with all Difference and re-
spect for the opinion of the honorable Senator he
must be allowed to say, that he deemed the opinion
entirely wrong. Mr.. d. said, he had recently voted
against the amendment offered by the honorable Sena-
tor from Virginia Mr.. Rives) because that amend
ment made the assent Of the States condition prece
dent to the establishment obranches in the States He
could vote for provision which he deemed fatal
to the independence and prosperity ofthc institution He
agreed with the Hon. Senator that asking of
the States to establish branches (f nothing more
said would be surrenderng the power TO the States
Yes sir, asking permission Of the States would i'm
ply want of power in Congress TO grant it; for il
is against the spirit Of independence to ask favor
what can otherwise be enjoyed while accepting and
using by courtesy is not the best way Of preserving
strengthening right 1t is said by Senators that the
Of the States in most Instances would be read
ly granted. II might be so-the assumption is not
without probability Yet might fail, since what we
have to ask for not always certain of getting
This appeal to the States would neither promote their
interest conduce their repose. 1t would start
questions for legal adjudication and increase the
subjects of popular agitation the places of location of
the branches might be disturbing matters and the
destructive in short, sir it would be casting apple
of dscord into every State. Some States might give
capricous refusal while others might object from
calculation Of interest The Atlantic States having
large commercial Cities where much ofthe revenue
received and kept, might choose TO have their own
State Banks the repositories of the public money He
would also agree with the honorable Senator from
Missouri that it never intended that the State
Legislatures should decide whether National Bank
was necessary and proper to Congress alone belongs
that power, and has the Supreme Court than
: once decided. But wha, is that power, and whence
has 1t Gomez The authority is not found in any Of
those expressed in the Constitution
as conferred Congress 1t exists only among the
incidental powers of the Government and comes only
OF That exgency ofthe Government and country which
J makes such an institution necessary and proper to
execute the express powers of Government conferred
n on Congress. General Harrison has suggested what
may be considered appropriate test of this question
lie he said II It was proved that National Bank was
II necessary to the execution of the express powers
conferred by the Constitution on Congress, he would
v sanction IT, Without that necessity, now or hereaf.
ter Bank other corporation be established
n with or without branches or within or without the
District Of CONTAMINATION this is not one of those sub
Wtnin PATE OF exclusive ieglsatlOn
3 gress for this District. A National Bank here with
branches could not be well endowed with faculties
for executing the great fiscal and commercial purposes
of the Government except for the disbursements Of il
n revenue But the Senator says, Congress, by this
: amendment, gives up the branching power to the
States. But Congress has not thereby put the power
beyond its reach; and is provision for the
future exercise Of il retention Of all the power tina,
could be exercisej7 Il is said the power is
sufficiently affirmed in the amendment But slight
3 words he thought, would assert and affirm RICH,
which had been for half century in possession II
did require TO be set forth with all the technically
of plea Of title to land, the formay of a bill Of
rights Il enough to provide for the execution OF
the power, whenever Congress had occasion to con-
slider The proof Of the exigency which the power
depended, and how, by this amendment, is Congress
to come 10 that consideration Il is by the latter pro-
vision ofthat amendment--for in Of consent, ex-
press or implied no issue Is necessary to be formed and
in that case power is TO be exerted And although
the manner of obtaining this implied consent has been
complained Of az arbitrary and compared to the pro-
cess Of judicial arragnment certainly involves
greater hardship than what is incident to all legisla
tive enacments, designed TO excite vigilance, and az
ford opportunity for seasonable assertion Of rights
For this purpose monion goes out, and II States
afterwards concluded BY their silence u will present
no nnius,ifabIe prvation Rights often barred by
acts Of limitation and the lapse Of time. But sir
with those States where assent 10 refused the issue is
formed and Congress has decide il, and upon find
ing the branches necessary execute the other pow
Of the Government, will order them TO be estab-
Ished.
This !. the difference, sir, between the two amend
ments alluded TO. which have been offered to this bill.
Both offered in spirit Of compromises lew have
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