The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1843-01-24
MR.. MARSHALL.


day. But still he will not reason He only
attims, asseverates, and denou ces. He as
sumss that the plan for an Exchequer is a plan
Tor a Government Bank, and then quotes abun
dainty from what MIR. Webster has written anC
spoken against a Government Bank. Now
the Exchequer is no Government Bank Ii
IFS general character IL is no Bank at ALL Is i
bank because il issues paper, which may
pass: as circulation? Then every act Of Con
sress authorizing the issue Of Treasury notes is
aBdnk, also. Is il Bank, because it may buy
bill OF exchange? Then all the Department,
OF Government, are Banks; for they all have
occasion, more or less frequently, and to greater
or less extent, 10 buy bills of exchanse--some Of
because it may sell bill Of exchange? For
merly the Post Office Department sold bills Of
exchange very frequently, and for aught we
know does The same thing now. And the Trea-
sury Department sells bills every day. If the
Secretary Of the Treasury wishes to have mo-
ney in this city, does he not draw for it on New
York or Boston, and dispose of hi, bill Tor cash
TO some institution or some individual here q
Indeed, the whole business of transferring funds
from one lace TO another, by the Treasury De-
partment, is carried on by the purchase and
sale of bills. Do these operations constitute
the Treasury Department Government Bank?
Mr. Marshall shuns, apparently with great care,
all clear definitions, and all precise statements.
n Ia w rISk off
course does not become him. Let him state
what he eoncrives Bank 10 be, according to
the general acceptation of the word, in this
country and let him prone if he can, and not
content himself with merely affirming that the
proposed Exchequer will be Bank.
AS little does Mr.. Marshall show that the ex-
ercse Of powers necessary 10 the carving on
OF the Government, is, in the plan proposed,
rendered subject TO the laws of the several
States, or made dependent on their assent
There is no such thing. Indeed, he makes no
attempt 10 show that there is. The assent of
the States is required, 10 the discount of private
bills, for the convenience of Northumberland for
nothing else. Now, Mr. Marshall will hardly
carrying on the Government. 1t may be very
useful power, and it may be very constitution
al power, if deemed necessary to carry other
powers into effect. All this may be granted
but still it by no means follows that Congress
can lawfully do nothing, in This respect, une,
II does all which ii has the power to do. CHEZ
Justice Marshall has decided, over and owe,
again, that the non-user Of a power, is not the
surrender Of it. There is a di creIjon with
Congress, within the extreme limits Of its con.
sutu'ional power; and if this principle were de
nied' ha lis legislation would be overturned.
The result is, then, that Mr.. Webster,
speeches abundantIy show that, in his opinion
Congress may consti!uIionally establish Bank
a Bank OF Circulation, and Bank of Discount,
1t may create Bank, with power of issuing
paper for circulation, for its opn use anil ne.
cessahes, as Government; it may connec,
with this power that Of private discounts. unde,
ITS general authority and duty, in regard to com
merce. And, no doubt, he has often said. tba
IN whatever relates to the exercise of its owr
necessary powers, Congress cannot make il.
laws dependent on the will Of the States.
But Mr.. Marshall cannot show that Mr.
w ebster has ever maintained, that in no case
and in regard 10 no subject, can a law of Con
gress require the assent of the States. Mr.
Marshall himself could not have been of ,ba
opinion, when he voted for the Distribution bill
Nor can he show that Mr.. Webster eve
maintained, that forbearing TO exercise know
power, on given occasion, amounted TO a re
hnquishment Of that power
Questions of this nature are somewhat com
plicated. They are not to be settled by decla
nation, personal commentator, or personal re
proach. If Mr.. Marshall would do honor to tb,
great name he bears, let him no, content him
self with raising storm, an agitation of tn,
elements, which, when ii subsidies, leaves eve
ry thing as it found it, except that the higi
roads are broken up, the banks of the river
washed away, and The landmarks oblIterated O
COMPOUNDED. Let him not be afraid to bring biz
opinions TO The test of logic, of learning, OF law
of precise IDEAS, and Of a thorough understand
ing Of the Constitution. These are The quail
ties which distinguished his immortal relative
and let not The world say,
".Stof nominis unbra."