The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-07-10
WHOLE NO. or.

part oil the Secretary plan, Whch provided Tor the
OF the States TO the establishment at branches
Of the proposed Fiscal Bank within their respective
limits; principle which was rel, cited 10y the bill Of
the Senator from Kentucky MIR Cluy,) but which
Mr. X. wished TO restore by the amendment he had
ust offered. II is conendod IN the report made hy
the honorable SeIator said MIR Rlyes that tins part
Of the Secretays plan is founded on the false prlnci-
pie that The powers OF Congress can he enlarged by
the consent of individual States without TeSorng 10
that process Of amendment, requiring the concurrence
OF Three iourhs OF all the STATES, which the Cons
tuition itself provides, But this entirely 10 iscon
celye the nature and extent OF the effect attributed 10
The assent OF the States by the Secretary plan.
iuliy and unhesltatngly subscribe said Mr. Ryes, TO
the doctrine laid down 10y Mr.. Madison in his veto
message on the internal Improvement b--that the
general powers OF Congress cannot be enlarged be.
yond the boundaries prescribed IN the Constitution
ny the assent OF individual States but this case
effect OF that is claimed Tor the assent Of the
States. Tho assent OF the States 10 the establish
ment, within their respective limits of branches OF the
proposed Fiscal Bank created here does MT in any
manner whatever enlarge the power of Congress
The power Of Congress Is fully excred IN the act OF
creating the corporation here and giving II the legal
attributes and faculties of an artificial oelng Tint
Congress has full constitutional power To do This has
been already amply shown The only effect of the
proposed assent OF the States to permit this corpora
ton, when thus lawfully and conslitutionay created
ny Congress here, to extend It's operations by such
branches or agencies IL may think fit to consti-
ute, within the limits of their respective soyere gn-
lies.
And will any gentleman seriously contend that il is
not competent for the States To do tins Suppose that
the State OF New FORK should create a bank intended
to promote her commercial intercourse with the other
States OF the Union by dealing IN domestic ,X-
changes take indeed the existing case OF the Penn
sylNana Bank the United States will any Scna.
tor grayey tell me that II would not be- competent Tor
virginia, IN Inc exercise OF her own sovereignty 10
permit any such Institution to establish branch or
Ard II 10, "A
IN such case that the permission thus given by Vir.
gina, had, IN any manner enlarged the legislative
power of New York or Pennsylvania exerted in Gre
aling corporation by the force of their laws
IL tins can be egtimatey done with regard To Bank
created by the authority of State, or even of To-
reign country, ior do not doubt, said Mr. r., that
with the sovereign assent OF State, even branch
Of the Bank OF England might be established within
It's borders, can II not be unquestionahly done with
regard TO Bank created by Congress- IN this Dis
trict 70 deny II, is not TO question power of Con
grcss, but to assaii the vial principle Of State sove
rcignty itself.
If the individual action Of the States is such an
anomaly as gentlemen would represent tneyer 10 be
recognised IN any case whatever in the operations of
the General Government-how has it happened, Mr..
President, that particular States have, from time 10
time, surrendered their soil and jurIsdc,ion--ceded
large portions of their territory with all the rights OF
ownership and sovereignty attached 10 ito the Gre
neral Government | do not speak here OF those pur
chases of parcels OF land made by the u ned States
ruth The consent Of The Legislatures # the particular.
States IN mhich heyie, for the on of for =,
mails, dock yards &C., because they provided for
by special clause in the Constitution. Nor do /
speak OF those earlier cessloDs OF territory IN the
Northwest made by the proprietor States, previous to
the adoption of the Constitution. But | speak OF
those cessons and compacs of particular States EN-
hracing large domains, made long snce the adoption
of the Constitution ! speak OF the cession of her
western territory to the United States by Georgia in
nt w Inch fNyn ,f nj nt
Southwest, Alabama and Mississippi, have grown up;
speak of the surrender TO the United States OF her
western ress5reb by the State OF Connecticut at still
laer period We're these nominated IN the bond E
Can gentlemen show me any clause in the Constltu-
ton, which empowered these two States To make
those large concessions of territory 10 the Union.
no sir. There Is none such. They acted each one
for itself and from lsef in virtue of their separate
sovereignty existing anterior To the Constitution and
still remaining except where has been restrained
taken away by positive provisions of the Constitu-
ton.
This principle of State assent in concurrence with
acts Of national authority ought To be novelty 10
The Honorable Senator from Kentucky, al least His
annual journey from Ashland to Washington and
from Washington TO Ashland is pared with it, ovor
every foot OF the Cumberland road for the Honora-
bic Senator will doubtless recoec that in the act for
the establishment Of that great highway Tan act which
bears the signature of MIR. Jefferson President of
the United Stat 50 the previous assent of the three
States of Maryland, Pennsylvania and Virginia was
expressly required to be gwen 10 the construction of
the road within their respective limits and that assent
was actually given by separate and formal acts OF the
Legislatures OF those States before spade pick axe
was displayed upon their soil
But there is recent act of character less
questioned involving the same principle, and In which
many OF us personally bore our parts, which beg
leave to recall TO the recollection of the senate re
fer To the law passed by Congress in $50 for deposit
ing the surplus revenue of the United States in the
Treasures OF the several States with the assent OF the
States first given 10 The terms of the deposit by acts OF
their respective Legislatures. No gentleman will con
tend that Congress could have obtluded the keeping
OF any portion OF the national treasure upon the States
or any of them, without their sovereign assent, sepa
ratey and freely gwen each one acting Tor itself and
yet with that assent, thus gwen, the Legality and con
OF the arrangement never has been, and
never be questioned. The principle of il is ohvl
Gus. Congress- on lis part possesses the power to
provide, It's discretion for the satc-keering of the
public money. The States, their part, possess the
p To accept the custody and OF those funds, IT
rendered as they may think fit The concurrent ac-
ton of these two authorities each cXcrtng itself IN It's
own sphere aud without in any manner, adding to
the power of the other in its sphere prouuccs precisely
that practical result which Is contempt ted IN the pre-
sent from the of the States 10 the estab
ishment, lcttin their limits, of branches OF an nstl-
tuition, created by Congress nihih this District,
| might, said Mr. RIvEs, pursue this subject much
further: but forbear. will only mention, in pass
ing for the cicaon of those proiessed disciples of
strict construction, who are in the habit of leaning
on the vcnerated name of Mr. Jefferson an instance
in which that great Republican statesman attributed
to the ind vdua assent of the States an efficacy, ia
res ard to the distribution of power between the States
and the General Government far beyond any thing I
that is contemplated by the plan of the Secretary OF
the Treasury. Believing that final and adequate |
remedy could not be found for the disorders OF the
while the States possessed tic power of
ang banking institutions, he proposed IN a letter adj
dressed by hum, in June 1913, to Mr. Epprs then |
Chairman of the Comm ttce ol Ways and Means in |
the House of Representatives that the States should
be applied to- to transfer me right Of issuing crcula
ting paper to Congress erciSireiy IN pcrpeuum, II
possible, but during the at least with saving of
charter rights That this transfer according 10 his
plan was be made by the States not in The form of