Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1841-06-05
For tie Dcm1craL)
4 NATIONAL BANK

MK. E.blI UE;-lA tAe l1s' "1''4oe- " y"1' %
7sr ,bste Is d communication under the caption Vi
"A National Bank" written BY y Wig
I, ao,ears 10 be the oljyc, Of the writer 10 show,
first, that National Bank, independent OF is
acting as fiscal agent for he Government, eau
no, be cons.ituiionally chartered. and secoad'!,.
% show that if Bank Is necessary, as hsc5. +
agent, Congress canno, make such Bank OF osaa'' /
as tina, power IS gwen 10 4 d.tis5en, department; /
Of the Government
10 both these positions, think he ia evidently
correct The first Bank Of the United States
was unconstitutional because i, was an iudePea'
dent Bank, and mol fiscal agent, unless Il chose
to be such.
The second vas unconstitutional because II
was made d fiscal agent by department oi The
/ Government not hayng the power TO do 81.
/ The idea, intended 10 be conveyed in the CON
muneatlon of"A Wing" are better expressed IN
tho following extracts which l make nom a
pamphlet published AT your Office IN the Fall Of
4 1889, entitled "An address TO the Why candid
u,es Of Mississippi"
This leads US to the discussion OF the constl'
tutonalIy Of United States Bank.
It's SAID that this question Is finally settled IN
favor ola National Bank, aud no longer debate
able. We have always been surprised, that At
ter the unanswerabie speech Of Henry Clay, de-
hyered IN the Senate Chamber IN 1911, lunan'
swetable and yet unanswered, even by himself :
IN opposition to such an Institution, the quesuua
should ever again have been raised. Here ne
b are met by the assertion, that the Supreme COuri
has decided for u Bank, ana that rou rs deci5
ion there IL no appeai-hat II Is binding Upon ms
LEGISLATOR, and the President when acting as sucl
We doubt whether tbs Supreme Cout. has eyet
made such decision, and admitting II has, We dc
uy rs binding efficacy on tho legislator.
No President OF late days has c0uteuded, al
has been frequently asserted, that he was no
bound In his Executive capacity, by law .
= Congress, although he might deem it unconstllu
uona. We admit that the President Is bound t.
execute any, uud every law Of Congress, whales
Ct may bg AIS private opinion OF lis constitutional
) ~; bit ii law, which he may deem unconstItu
uonal, expire, during his term, and bill, whlc
shall be an exact copy OF 1t, be passed thToug
both Houses of Congress, aud presented to hlI
for his approval, he would 10 hound 10 ueio IT,
whatever may have been the decisions, or puyal
opinions OF the Judges oil the ouptome Court,
OF former presidents. IN remji0n TO Ice deIunt
aw; tor III the exercise ul Ihg Uel9 power, III
VI President is acti0g N MS legislative capacity.
The advocates lola National Back lay dow
their first or tnajot proposition, that tCongre:
cUa make any law that shall be necessary ar
proper lot carrying INTO execution any power e!
press,y conlerred upon Il by the Constitution, al
any other power vested in the Government OF Il
Unted States, or IN any department or otlic
thereof, Then second, VI minor proposition,
that United States Bank IS necessary and pro
e. to enable Congress 10 carry into execution Il
power 10 lay aud collect taxes, Nc, III 9th
words. TO enable tho Treasury officers 10 eXecu
her duties. Granting lhen then PROMISES,
cannnl resist their CONCLUSION that II Dank Is co
aatulondl.
Ii has been commended by men Of great rsspa
-" liability Tor talcns and integrity, that 10 Iaw {
be CONSTITUTIONAL uader tho last clause Of the :
section Of the fist article OF the Constitutes,
which we have alluded ,uless It be G5solatsig
indlSpeaSa5y necessary unless Il DO oao a'
out Nu,cA Tic .Gosenrment could not c3cct
some power conferred upon It. Weave wiiI
20 abandon SthIs position a. datenable, IA SAT
we are Disposed 10 y!e,l 10 .4r opponents csc
position they advance "a eXp .0lalIon Vi IN II Ii
or major proposition We are wiling 10 read
as they insist We should, NE clause above clt
thus: "Congress shall hays power 10 make
laws that may DO Convenient, Ne, and thus
grant to Congress Me choice Of meaus. But
ell, deny the second proposition IN toto, 50 far
J. Iues 10 the first Bank VI the United States; NM
Is the constltuuonaIdy OF the Bank, that We h.
now under discussion.
Although we have admitted that the me
- which CougtesS may resort 10, IN order 10 Ell
.our cetlan ends, need nol be those only, with
IN which, the ends could not be effected, but ma,
. " sucL as are convenient merely, still We cont
n ~, thai, they must be necessarily convenient, o
,,, all tunes available Now this first Bank, i'd
ton ung that It was IA convene II auxiliary tothe Ii
ase suly Department, MAS not neceSSarliy 80, OF
man all times available There was nolnlng IN
ms to law charterng II, indicating that II was create
'sen effect any end whatever, except that OF mai
NV N.Y. money Tor lis Stockholders !Imlghl have
,nr,c the pubic money ior the Treasurer, and ii IN
rrer NOT, that Is. It might HIve refused. II might
il II assisted hn TO d,sDurse II, and Il might have
e ar fused. lis consilGaouahly was therefore
H. urgent Aud sadtI Ae eonsulullunaIly u d
.SN depend upon TIE whn caprice vi IA sci Q
,1 - responsible bauk aaecloisI here was yet
nd I, lher contingency, hAtnsy, Tue application 4
able, made 10 this Bank Tor ASSISTANCE ny Inc Irea
ssed. 81. la order.hat h., 3ank ml, BIT work IN
ltan- >lliutiona uaces, the Treasurer was irst to
ana his own consent 10 apply TO II tor assistance,
60 actually maze the application. aud the dIreC
'i.nr were TO give favorable answer aud actually
alI, INTO the harness.