Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-07-14


Congress to establish .Natoasi Bank leo NOMINEE
within this District There is his famous letter e
Mr. Sherr0d Williams. Let gentlemen read il
aud make any thing else out OF It, il they can. L.
expressing hlS opinions on the question of the con
sIitutionsl poworof Congress TO establish y alton
al Bank, his uesation OF the power is inysr lbl,
made IN reference to the States. Adoptnc the Ian
guase Of his friend, Mo Butler, he SAYS "he hold
that Congress docs not possess the power To estab
lish National Bank "a any cfthe States Of ths Uni
on" ale is therefore, decidedly opposed TO the es
,a1lshn,ent OF National Bank in anu oCiLe Siaiss:'
and then adds "hc is also opposed to the establish
mcnl OF such Bank IN the District of Columbi,
| os unnecessary aud OBSERVATION-DISCLOSURES that IL
the District, II would be constitutional at least
No one fail TO perceive the marked contradis,inc
ton throug houi, IN his position to the establish
meut ola National Bank IN the States, and in "a
District, placing his opposition TO the former on ia,
ground Of want OF constitutional power, and tC
the latter, on considerations Of eNpcde ncy alone
Indeed, the very principle of the constitutional OBJ
lection, as stated hy him, and which he Justly say
WAS the main point OF Mr. JetieTSon's celebrate
opinion against the establishment Of the first Ma
tionHl Bank wit, "thdt the Constitution does no,
give Congress the power to erect corporations with
in the States" Of necessity excludes the Dsiric, o.
| Columbia for all must admit that Congress doe:
posses the power OF Incorporation in this District.
| The constitutional p0i16T OF Congress, then. 10
incorporate Bank IN this District foe the convent.
! ence and uses of the G1vernment If deemed expe.
dent, is a power wnlch has been recognised and
admitted 10y all parties, from birth OF the Consti
tuition down TO the present day. IL has bc, n in an
especial manner admitted, and in terms the mos,
uncqulvocr, 10y leading and distinguished men oil
| the Republican and Democratic parties, who have
been most sSn,llscd for the zeal and earncsness
well as ability, with which they have denied the
gdnSral power OF Congress 10 establish National
| Bank within the limits OF the States. After this
steady and unbroken current testimony and opin.
ION, flowing through the course of half century IL
would seem To he IN vain 10 call in question pow
] o. .I..-a / 4
Secretary OF the Treasury, then, for the ques.
ton OF constitutional poweriS involved ~ the incor-
poration Of Fiscal Bank OF the United States i'm
this District, may he safely assumed TO rest on in
| contes,ib,c ground.'
Mr. Rves then proceeded 20 consider the other
part Of the SccretaSy plan, which provided for the
assent OF the States 10 the establishment OF branches
OF the proposed Fiscal Bank within their respective
limits; principle which was rejected Ivy the Uill
| OF the Senator from Kentucky (Mr CAy,) but
which Mr. X. wished 10 restore 10y the amcndmen Mt
he had Just offered. IL is contendcd IN the report
| made by the honorable Senator, said Mr. Rives,
that this part OF the SecretaryS plan is founded
the false principle that the powers Of Congress can
be enluCed by the consent OF individual States,
without rtsorlins 70 tina, process Of amendment re-
curing the concurrence OF IhgcC-tOug hs Of all the
States, which the Constitution Itself provides. But
tins - entirely 10 niscoucevc the nature and cN cnt
ot the effect attributed the assent OF the STATE, by
the SCcretary'S plan. | fully and unhcSitalnsIv
subscribe, said MIR RivCS, 10 the doctrine laid down
Ivy Mr Madison IN his veto message on the Internal
Improvement bI.-that the general powers Of Con-
gresS cannot he enlarged beyond the boundaries
prescribed IN the Constitution, by the assent of IN
dvIina States. But, m this case, no effect OF that
sort IS claimed Tor the assent OF the States. The
assent OF the States to the establishment, within
their respective limits of branches Of the proposed
Fiscal Bank created here, does not, in any manner
wha'ever, enlarge the power OF Congress. The
power II Congress i fully eNcried IN the act a
creating the corporation here, and giving 1t the e
"a. attributes and faculties of an artificial being
That Congress has iull constitutional! power to do
this, has been already amply shown. The on'y ef.
feet o the proposed assent OF the States is to per-
nit this corporation, when thus lawfully and con-
StuiIonay created by Congress here, to extend It's
operations, 10y such branches agencies as It may
tnInk fit to constitute, within the limits OF their re-
spectlve sovereisulies.
And will any gentleman seriously contend that i,
is not competent for the States TO do thsl Suppose
| that the State Of New York should create b,nk
intended 10 promote her -ommc nj n,oTc1lr.e with
the other States of the Union, by dca.ing in domcs-
TIC exchanges indeed, the eNls'ng case o. the
Pennsylvania Bank OF the United Siales-will any
Senator srave,y tell me that It would not be COM
peen, Tor Virginia. IN the exercise OF her own sove-
relsniy, TO permit any such institution 10 estab2ha
I branch or agercy within her bordsrsl And could It
\ be pretended, IN sucn case, Ihlt the permission
thus given by Virginia, had, m any manner, enl,ry
| ed the legislative power OF New York or Pennsyl-
wanna, cNerted ~ creating corporation by the force
OF Their own aTs?-lf this can oe leei.imaeiy 10
with regard to Bank created by the nulhurly OF
State, or even of foreign country, for | Do not
doubt, said MIR r., that with the sovereign assent
4 OF State, branch OF the Bank of ENGLAND
might be established wi.hn its borders can il not he
as unpucsiIOnaOiy done with regard 10 bank crea.
ted by Congress in this District Todany IT, is not
10 question power OF Congress, bu, 10 assai! the
vital principle OF ate sovereignty itself
Ii the individual action Of the States is such IN
anomaly as gentlemen would represent iy-neyer to
be recognized, In any case, whatever ia tho opera
tons Of the General GOvernmcni-hoyv has II hap.
pened Mr. President, that particular States have,
from time 10 Tine surrendered their soil and iurs.
dciion- ceied large portions Of their territory, with
all the rights Of ownership and sovereignty attach
ed TO Ito the General Government | do not
speak here o. those purchases OF parcels Of land
made by the United States, with the consent of the
Legislatures OF the particular States IN which they
lie, for the erection Of forts, ursenas dock wards
&c, because they are provided for by speca |
clause IN the Constitution Nor do speak Of those
earlier ccsslons OF territory IN the Norhwes: made
by the proprietor StI'es, previous % the adopiop
OF the Constitution But speak OF those cesslons |
and compacls OF particular States, embracing large
domains, made long since the adoption Of the Con
situtOn; speak Of the Cess!oa OF her western ter.
FItoTy 10 the United States by Georgia n 1902, out
OF which two Oi the youthful S1tcs OF the South
west, Alabama and Mississippi, have grown 10: | !
speak Of the surrender 90 the United States of her
western reserve by the State Of Connecticut al n
still later period. Were these "nomira,ed in the
JOnu!' Gan gentlemen show me eny clause in the |
Constitution, which empowered these two States 10
make those large Concessions Of territory 10 the
Un.oh No, sir There Is mono such. They acted
each for itself and fom itself ~ virtue Of their
separate sovereignty, existing anterior to the Con
siltution, and still remaining, except where il has
been restrained or taken away by positive proyi.
sons Of the Constitution.
This principle Of State asseni in concurrence with
acts oi national authority, ought % 10 no novelty
70 the Honorable Senator from Kentucky, ut least.
His annual journey from Ashland TO Wasb,nrtoo
and from Washington to Ashland is paved with il.
over every foot Of the Cumbsrlrd road; fr the
Honorable Senator "il doubtless re,osct that, IN
the act Tor The establishment Of that great highway
ian act which bears the signature Of NIr Jefferson
rs President 0 the United Siltcs) the preyiou, as.
sent OF the three States,) OF Maryland, Pcunsyya.
MA aud Virginia was expressly required 10 be CIV.
On 90 the construction of the road within Their re-.
spcclIvc limits and that assent was actually given
by separate and formal acts Of the Legislatures Of
those States, before spade or pick.a1s was DIS.
played upon their soil.
But there IS moro recent net Of a character less
questioned, involving the same principle and in
which many Of us personally bore our Parts which
beg leave 20 recall. 20 the recollection of the SIN
ate. refer 70 the aw passed by Congress in 1896
Too dcppsNng the ssrpIgs revenue of the United
states iU tho Treasures OF tHe several States with
lEe assent Of The States first given TO the term. az
the deposit by acts Of their respective Legislatures
| No gentleman will contend th1t Congress could
nave o3irnd,d The Keeping Of any PARTON NJ the ma
uola treasure upon the States, or any OF them
without their sovereign assent separately and C,sr.
| iy gwen each orc acting for tseI; and, vet with
that assent. thus gwen, the legality and cars,i,y
/ fOnlIfy Of the urfHrysclfrf f,yy.r I.. l,..