The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-08-05
REMARKS OF MIR. RINEs.
On the amendment, proposed by Mr.. Cla,

the Bank Blu, on the 27M Juiy, lS4l.
Mr.. RlVES said it would be matter Of sincere
satisfaction to him. if he could find il at all practicable
consistently with the principles he had invariably held,
and frankly avowed this floor to assent to the pro-
position made by the Senator from Kentucky
The honorable Senator has told US that this pro.
position has been offered in spirit of compromise and
Cancellation do all honor said Mr.. r. to that spirit
on every occasion, and particularly when manifested
by the Senator from Kentucky. But think he must
perceive that in regard TO those who stand in the po
si'ion in which stand in reference this question,
there Is nothing Of compromise, nothing of conces
sion in this amendment. What was the principle
avowed in the projet Of the Secretary of the Trea
sury, which he Mi r., submitted to the Senate as an
| amendment to the bill reported by the SENATOR Ii
was the absolute and unqualified Of the States
as condt IN precedent 10 the establishment OF
branches within the limits OF any State. w lille this
proposilion its face, recognize this princ
pie, 1t afterwards completely obliterates it. He knew
that the honorable Senator and those who cooperate
with him, are incapable of intentionally "paiering
in double sense but | ask him if this proposition
does mol, Whiie II seems 10 Keep the promise 10 the
ear break it TO the hope" 1t sets out with proyil.
ing that branches OF this corporation shall be estab
lished in the States, with the assent OF the States
but this is Immediately followed up with two auafca
tons which utterly annhIlnte and blot out the prlnc-
pie. The first Of these qualifications is that these
sovereign States which, in the of their soye
regny, 10 decide whether they will or will not admit
branches OF this corporation, to be tied down
particular period within some three or four months
after the arrangements commenced for the organ-
cation OF this institution, to dissent and If
they do Internationally assent or dissent at the
first meeting of the Legislature after the passage of
this thing which may be ply sicaly and morally
impossible If the two branches oil the legislature should
happen to differ IN opinion then in the very teeth of
this nonassent, their assent is to be arbitrarily pre-
sumed
The fundamental principle Of those who objected
constitutional grounds 10 the original form of the
bill is that the concurrence Of the wills Of both the
State sovereignties and Of the General Government
was necessary TO the extension of this institution be-
yond the limits OF the District of Columbia and can
you say that you are To presume tacIt
against sovereign Staesn the teeth of the positive
proof which they may present at the next ensuing
session of their legislatures of their dissent; and by
this bull you 10 hold them irrevocably bound for
the remaining period Of the charter Il respectfully
submit to the honorable Senator from Kentucky and
my honorable and patriotic friends cooperating with
him, whether is consistent with the respect due to
any sovereignty, to say to it, g give you some three
four months to say whether you will have branch
or moi and II you do not cannot decide within
that space, will hold you perpeually bound not.
wthsandlng your dissent, which may be subsequently,
made known"
The honorable Senator from Kentucky must see
that gentlemen who have constitutional objections
the original form OF his bill and who stand on the
ground haze occupied in this matter can find moth.
ing 10 their objections the proposition he
has brought forward. There is nothing whatever in
it that in the slightest degree obvlates the difficulty
with one who beileves that branch of hi, nstiiu-
ton cannot be introduced within the limits of the
States without their previous assent-a provision dis
tlncily made by the projet OF the Secretary of the
Treasury.
But the honorable Senator has told us also that there
is concession on his part and that Of my honorable
friends who cooperate with him, in bringing forward
this proposition, to this eXtent-tha they allow that
the positive dissent oithe States declared at the frs
of their Legislatures after the passage Of this
act, shall prevent the establishment of the branches
But, even that poor boon is not granted for suisse
quen proyiso expressly declares that though State
should positively dissent, yet if Congress- in the exer-
else of its judgment, shall believe il necessary and
proper TO establish branch, they may forward
and, by virtue Of their SJrereign authority las the
honorable Senator calls it. overruc the decision of
the States. Certainly the Senator from Kentucky
will see, that is the consequencc--the intended
sequence of the provisions of his amendment. We
all know very well that il is the opinion at this mo-
ment, of the friends of National Bank in both
Houses Of Congress- that the establishment Of Offices
of discount and deposit in the States is already so
necessary and proper" that Congress might provide
for them forthwith without the assent of the States
The plain EngtSh of this proposition. then, is that
the States may declare their dissent yet their dissent
when declared shall be ovcrrdden and trodden under
foot, by the sorereiga fiat Of the Congress of the
United States
! am sure the honorable Senator and ysef do not
differ about the import, in at least, of the
language often quoted from the Consituon-''ne-
cessary and proper" He does not believe that 1t is an
occasional momon,ary, luctuating necessity that may
be supposed to exist to-day but tomorrow which
can make a measure constitutional | know that the
enlightened understanding of that honorable Senator
would reject such an Interpretation, which would
make the Constitution thing to-day another to-
morrow. The sort of necessity which the Constitu-
ton recognizes the standard of necessary and
proper measures, (unlike that necessity which is
the tyrant's plea, - must be necessity existing in
the general and permanent relations of things. !
think may answer for the Senator from Kentucky
that that Is his view, well as mine lie will ex-
cuse me, then, for declining To give my sanction to
any proposition which would seem to refer the pow
OF the Constitution different and perpetually
huctuang standard,
Then the result is this. announce twith sincere
regret cannot vote for the proposition of the hon
orabie Senator from Kentucky, as a compromise be-
cause IT is, IN my humble Judgment entirely delu-
sye and while II proposes to concede its only eff
feet TO nysly and embarrass and finally TO assert
the obnoxious power IN the most offensive form |
think the honorable Senator and ms friends general
", must see, that If ] mean TO act out as man. the
principles have ayowed on this floor cannot con-
cur in such proposition.
| (Here Mr.. CLAY shook his head
| The honorable Senator from Kentucky continued
| Mr.. RnEs) indicates his dissent BY shake of the
head 1t is sufficient for me that the dictates Of my