The Ohio Democrat. [volume] (Canal Dover, Ohio) 1840-1900, 1841-06-24
Col. Henry Simpson, Philadelphia.
Communicated.

BY article sec. Of the Constitution Of the United
States, Congress is clothed with power "to make all
laws necessary aud proper for carrying ntU execution
''the powers vested by this constitution in the Govern
Of the United States or in any departments or
officer thereof: >by the same section Cong. has power
ito lay and collect taxes, duties. imLoss and excs
es to pay the debts sc. of the United States. to raise
and support armies, TO provide and mantanayieD nc.
For the purpose Of collecting taxes duties, inn
posts and excises' il would seem aud such has been
ever the practice, that Congress has the CONSTITUTIONS.
al right provide by law for the appointment If col>
ectors and other officers necessary and PROPER fer that
purpose aud to post or station such officers at whats
ever place such collections to be nale for IN.
stance Philadelphia ~ York, New Orleans, Buffalo,
CIeave and, Chicago,Sc. 'iA rtaf
Congress have also All undoubed right 10 establish
in similar the proper officers Al prope places
to distribute pay oul THE debts Of the United States
whether itbe to pensoners-to the army or navy. to
contractors for supplies of the army or navy or any
other object for which theNU. 8. may be indebted.
The rghto do this plain, every see its pro.
prey doubts it, and il being not only the right
but the duty Of Congress TO establish such ,posts or
places TO collect and pay out money, wherever needed
Il 10 not necessary to obtain the assent Of the State
Legislatures any of them for the State Legislatures
have nothing TO do with tie matter. These officers. 10
receive and pay out the public money are called the
"Fiscsl Agents" Of the Government Of the United
States. afss 8N.a ~ scr .rsa
In MI secretary Ewing pIolect OF q hank 10 ba
called the Fiscal Bank of the United States to be 10,
Gated at the city Of ofWastingtoh with 80 millions capi-
tai, which is to opeate throughout the Unitad States
as the "fscal agent for paying out the money or
debts Of the United States, he proposes that the bank
have authority to establish branches 10 the several States
''wh the assent oi the StaeS." Now If the Fiscal
bank" which he recommends were q machine or agsn-
cy necessary and proper for the Of the u s. Gov.
ernment,tobe employed in paying q debts &c. Con
gess alone has the 'power" TO direct branches to be
located wherever il may be thought necessary whether
'rhe assent of the States be obtained or not Tor as
has been shown the State Legislatures con have noths
ing to do with tbe matter. The State Legislatures
have no power eiher by s. Constitutions, nor BY the
Constitution Of the United States TO confer legislative
mower authority upon Congress excepting by amends
rnent Of the u, constitution. If the "FiscS bank"s
be consttuonaly chartered itcnn be doue without
the assent of the legislatures of any ofthe Sates Mr..
Ewing then by invoking the assent Of the several
States or any of them admits that Congress has no
right by the constitution Of the U. s. to auhorize such
an agont or machine" and as the Legislatures can do
nothing binding in the premises excepting BY an alter
iionof the " s. constitution, tho aSsenf can be Of
no binding validity. E w
Mr.. Ewing by invoking the assent Of the Sta,es''
slands before thecountry. IL the above conclusions
are true contesssdly an advocate Of an unconaiiiu-
ional measure, Of measure which il s out Of the
power Of Congress legally 20 adopt; else be would
not .have called for that ''usseni" The location
inhe District Of Columbia does not alter thS case for
although congress may egislae for the district YET they
have not, il i now universally conceded q fehtby
tuch local easlpiion lolnvove The n ihie1esl1 o.