The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-07-31
IN SENATE OF THE UNITED STATES
JrLY Is, 1871.

IN SENATE OF THE UNITED STATES.
JULY IS, 1871.
The National Bank charter taken up the
special order and read the third time
Mr. BENTON moved the indefinite postponement
to await Il Congress under the census, which
would bring with il the will OF the country It should
represent.
He objected to the new amendment, as introducing
principles directly against the Constitution, as ex-
pounded BY the Supreme Court in the OF the late
Bank. The Court decided that Congress was alone
empowered To declare when IL necessary and pro-
per to establish a Bank in the Union. This bill de-
wolves the right Gin certain cascs) the State Legis
latues to 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 10 charter
National Bank can be mplied-the authority of Con
gress 10 decide 10 its necessity and popriey to
ry into effect the expressly granted powers of the Ge
| neral Government
Mr.. BENTON quoted the following from the dec
sion of the Supreme Court TO show the ground on
which it placed the power OF Congress to charter a
Bank
If a certain means 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 iegree'of its
sy is question of legislative dscre,on not of judi
cal cognizance."
Mr.. DIXON said it had not been his purpose to
delay the vote of the Senate by protracting debate,
the passage of the bill already lengthy and ably
discussed. But the remarks which have just fallen
from the honorable Senator fom Missouri (Mr Ben
ton were calculated in degree, TO awaken a
of responsibility awaiting the course he had
adopted in relation to this important matter-and TO
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
by the honorable Senator from Kentucky (Mr Clay
and yesterday adopted, had surrendered the branch
l,,f, ntt ba he ha n had
| greatly mistaken its effect; and he must say,
| and much more had been conceded thereby, than he
| had been 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. ID. said he had recently voted
against the amendment Offered by the honorable Sena
tor from Virginia Mr.. Rves, because that amend
ment made the assent of the States a condition prece
dent to the establishment ofbranches in the States He
could not vote for provision which he deemed fatal
To the independence and prosperity oftheinsttutoD He
agreed with the Hon Senator, that asking consent of
the States to establish branches (f nothing
said would be surrendering the power to the States
Yes sir, asking permission of the States would i'm
ply want of power in Congress to grant for it
against the spirit of independence to ask favor
what can otherwise be enjoyed accepting and
using by courtesy is not the best way of preserving or
strengthening right. II said by Senators that the
assent of the States in most Instances would be read
| ly granted 1t might be so-the assumption is not
without probability. Yet it might fail what
have to ask for not always certain of getting
This appeal to the States would neither promote their
interest conduce TO their repose Ii would start
new questions for legal adjudication and increase the
subjects of popular agitation the places of location of
the branches might be disturbing matters and the con-
dnions prescribed for their reception onerous, if not
destructive; in short, sir it would be casting apple
of discord into every State. Some States might give
caprlcious REFUSAL while others might object from
calculation of interest. The Atlantic States having
large commercial cities where much Of the revenue
is received and kept might choose to have their own
State Banks the repositories OF the pubic money. He
would also agree with the honorable Senator from
Missouri, that was never intended that the State
Legislatures should decide whether a National Bank
was necessary and proper to Congress alone belongs
| that power and so has the Supreme Court than
once decided But what is that power, and whence
has It come The authority is not found in any OF
those Substantive powers Expressed in the Constitution
as conferred on Congress 1t exists only among the
incidental powers Of the Government and comes only
of that eSigenry ofthe Government and country which
makes such institution necessary and proper to
execute the express powers of Government conferred
on Congress. General Harrison has suggested what
may be considered an appropriate test of this question
He said if il was proved that National Bank was
necessary to the execution of the express powers
conferred by the Constitution Congress- he would
sanction IT, Without that necessity or hereaf-
ter, no Bank other corporation can be established
/ with or without branches, within or without the
District of Columbia-for this is not of those sub
ects within the pale of exclusive legislation Of Con
gross for this District A National Bank here with
out branches could not be well endowed with faculties
for executing the great fiscal and commercial purposes
of the Government except for the disluIsc of its
revenue But the Senator saws, Congress, by this
amendment, gives up the branching power TO the
States. But Conge-s has not thereby put the power
1 beyond It's own REACH and s not provision for the
future exercise of it retention of all the power that
could now be excrcisedl 1t is said the power is not
sufficiently affirmed in the amendment But slight
words he thought, would assert and affirm right
! II L-.lI - l.
did not require to be forth with all the technically
of plea of title to land or the formaity of bill Of
rights. 1t was enough 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 Ii is by the latter pro.
vision ofthat amendment-foI in case of consent ex.
press implied no issue Is to be formed and
in that case no power is TO be exersd A nd although
the manner Of obtaining this implied consent has been
complained OF as arbitrary, and compared to the pro.
cess of judicial arraignment it certainly involves no
greater hardship than what is incident all episla
tive enactments designed Ia excite vigilance, and at
ford opportunity for seasonable assertion of rights -
For this purpose monton goes out and If States nre
afterwards concluded by th,r silence il will present
no nnustifablc prvaton. Rights are often barred by
acts OF limitation and the lapse Of time. But sir
with those States where assent is refused the issue is
formed and Congress has to decide It, and upon find.
Ing the branches necessary to execute the other pow
Of the Government will order them TO be estab-
! shed.
This is The difference sir, between the two amend
ments allud, to, which have been offered TO this bill
Both offered in spult Of compromse-and few have