The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1843-01-24
MR.. MARSHALL.


day. But still he will not reason. He only
athrms, asseyerates, and denou ces. He as
sumes that the plan for an Exchequer is a plan
Tor u GOperRnleat Bank, and then quotes album
dainty from what Mr.. Webster has written and
spoken against a Government Bank. Now,
the Exchequer is no Government Bank. In
its general character IL IS no Bank az all l. ~
a Bank because il issues paper, which may
pass, as circulation Then every act OF Con
gress authorizing the issue of Treasury notes Is
aBank, also. Is il Rank, because il may buy
a bill of exchanged Then all the Departments
Of Government are Banks; for they all have
occasion, more or less frequently, aud 10 gr, alter
or less extent. TO buy bills of exchanse-some OF
them foreign as well as domestic. Is il Bank,
because it may sell bill of exchange? For
exchange very frequently, and for aught we
know does the same thing now. And the Trea-
sury Department sells bills every day Ii the
Secretary Of The Treasury wishes To have mo-
ney in this city, does he not draw for il on New
York or Boston, and dispose of his bill Tor cash
TO some institution some individual here r
Indeed, the whole business Of transferring funds
from one lace TO another, by the Treasury De-
parlmeni is carried on by the purchase and
sale Of bills, Do these operations constitute
Mr.. Marshall shuns, apparently with great care,
all clear definitions, and all precise statements
He will not risk himself on precise ideas. This
course does not become him. Lei him state
what he eonceives Bank TO be, according 10
the general acceplaion of the word, in this
country; and let him prore, if he can, and not
content himself with merely affirming that the
proposed Exchequer will be a Bank
As little does Mr.. Marshall show that the ex-
ercise Of powers necessary to the carrying on
OF the Government, is. in the plan proposed,
rendered subject 10 the laws Of the several
States, nr made dependent on their assent
There Is no such thing. Indeed, he makes no
attempt TO show that there is. The assent of
the States is required, TO the discount of private
bills, Tor the convenience of Northumberland for
nothing else. Now, Mr.. Marshall will hardly
contend that power of that kind is cs ,enlial to
carrying on the Government. 1t may be a very
useful power, and it may be very constitution
al power, if deemed necessary 10 carry other
powers into effect. All this may be granted ,
but still 1t by no means follows that Congress
can lawfully do nothing, in this respect, unle $
ii does all which it has the power to do. Chief
Justice Marshall has decided, over and over
again, that The non-user of power, is not the
surrender Of II. There is di erection with
Congress, within the extreme limit. of its con-
shtuuonal power; and if this principle were de-
MED, ha 1 lis legislation would be overturned
The result is, then, that Mr.. Webster's
speeches abundantly show that in his opinion.
Congress may constiluiionally establish Bank ::
Bank Of Circulation, aud Bank of Discount
II may create Bank, with power of issuing
paper for circulation, for its opn use anil ne
cessihes, as Government; it NAV connec,
with this power that Of private discounts, under
It's general authority and duty, in regard to COM
merce And, no doubt, he has often said, thai,
IN whatever relates to the exercise of its own
laws dependent on the will of the States.
Bat Mr.. Marshall cannot show that Mr.
T" .oster has ever maintained that in no case
and IN regard 10 no subject, can law of Con-
gress require the assent of the States Mr.
Marshall himself could not have been of thai
opinion, when he voted for the Distribution bill
Nor can he show that Mr.. Webster ever
that forbearing to exercise known
power, on given occasion, amounted to a re-
linqulshment Of that power.
Questions Of this nature are somewhat COM
plicated They are not to be settled nv decla.
nation personal commentator, or personal re-
proach If Mr.. Marshall would do honor TO the
great name he bears, let him not content him
self with raising storm, an agitation of the
elements, which, when it subsidies, leaves eve
~ Thing as II found it, except that the high
'oads are broken up, the banks of the rivers
washed away, and The landmarks oblteraled or
,onfounded. Let him moi be afraid to BRING his
opinions 10 The test of logic, of learning. OF law
II precise ideas, and Of thorough understand
nS OF the Constitution. These are the quail
les which distinguished his immortal relatv.
md let not the world say,
"Sfdt nOntinis uDibraD
NV