The Arkansas banner., 1844-08-21

the Federal Government, upIsss gs sA9'ts
 pressly granted by the Constitnt;as I
 of all this, Iwould now enon;.a
 vocates of National Bank. whos &
 the power of Congress to cbaT,.. s
 institution? No one, who has ras1
 stitutlon, will venture to say that 'au a
 such grant of power, on the faca 's .a
 stfument, ill express terms. .sT u
 say, Git is not there, in express ,s..i s,a'
 attaches to some one of the graD,sa
 And here would, again, asf.~,o f h Iof the granted powers, does # att.,t. sSa question has been often asked. s.l
 swer has varied with almost eyer r4 has attempted it. More than 4 G: 0 ago, the difficulty of locating ,bi. %'pq tious power, had become notoriaa. ion in l8ll, in his famous aati-Bant s
 lCLAY contemptuously denomin,is, '''vagrant power" He might, ya'' have added that, with other yagrant.
 be banished from respectful con.a s' At one time, its advocates placed i, broad platform of "he geaerol Butwhen just appreciation of tb,, 3phrase proved its limitation, to ob;a'' ]sequently specified, the position ". ldoned, even by the most reckle,. \ anarians; and this "vagrant'' was m ! its travels, ill search of another rs,tn. Again it paused, and sought to re,t <. alimbs within that foreign mansion-ss| lmoaey." But the preposterous ab,n,a its pretensions to COIN paper non,n ! 1droye it from this retreat. Neyt.3 protection under the power "to rsgvId.l gmerce.0 Here, for a time, it deensi 3secure; fortified and defended, by y5s.l spowerlul, than subtle logic of DaBa sster. But even from this strongbo5sl been expelled by the irresistible god ] sof the people; which has detern1, gthe power to reguJate falls almost hi sshort of the power to create; ad sdeemed to be tautamount to the ds sbetween the power "to regulate conn aand the power to create Bank: h| 2 3point in Mir. Webster's argument, bss sthe regulation of commerce myolydl 3cessity of supplying it with means, a 8the creation of a Bank was the only Il sfrom which those means could be j this connexion, 1t may be interu 3remark, that the same Mir. Webster hsI sthen, pronounced the establishment stional Bank to be "an o5Soiele asG'l sother ground 1 will notice, upon Whui asomething of plauslbility, at least i ! ssound reason, the advocates of a NJ aBank have taken a stand. It is thehs eof the 9th Section, of the lst Artri sConstitution; giving to Congress tR I 8.To make all laws which shall be nd 5and proper for carrying into execuii
 sforegoing powers, and all other popsI Sby this Gonstitution in the goyena athe United States, or in any deparnI aoflicer thereof" Reliance upon thB l dis not of recent orgin. It was, su6si 1the ground upon which WAsHSGIa anine days hesitation, reluctantly sig. sBank bill of l791; and, also, aaf , which MADISON, after once vetoing il athe Bank bill of 1916. In beth ins1 3eonstituted the ground of aeeessitggF-aas (which, rising paramount to all othGa 4rations, controlled the action of thes ament, for the procurement of the onIgl 4then attainable, of carrying on the ! 4 sment, and paying debts which coulll E delayed. The history of those dnal { aestablishes the truth of these posiiiCls K Emitting, then, the full force of the q:
 X which may legitimately be drawnfns E facts, and 1t inevitably results that thsF ki ichartera National Bank is not aConsa #power, but is paramount to the Cont s1 and can be exercised only under thePts E ineXorable necessity; just as staFaai Z justify an individual in appropra9
 @lood within his reach, to the purposd @his life. Power of this characteras as K derived, can only be properly exercls1 gthe circumstances which give t ml Anecessarily, ceases with those circa' K kHowever necessary and proper, lhell' K Eereise of this power in 179l, and 2 Emo one will pretend that any suehn
 or propriety exists at the present az
 i5isequently, all the support which thes1
 3of this power might derive, from ihsl
 Sdents of extreme legislation, fails .a M the failure of the circumstance whf
 sthem origin. But,. apart from ih' Gmaxim that rules of action, under 2 # circumstances, must not be deducede Z
 #treme cases and independently d #soning, on the present occasioh
 5deemed to be conclusive; the histol S formation of the Constitution, esS Nbeyond all cavil or controversy,
 s framers of that instrument, not only z acontemplate or intend that CongIes 2 exercise the power to charter D'.
 actually decided that it should no
 any such power. To prove thls, VI U Unnecessary to refer to the proceednss, SConyention which formed the oon'g aand there 1t will be found that the Pop
 $, to give that power to Congress "a' a ', z gtroduced, and as often poslllVely z 8cisively rejected. Whatever olasl !. atherefore, latitudinarian consirucsOncc, r aclaim, by implication of what uls0 7, htion n,ay have intended, this power ~, %' aa Bank cannot be of the number, M
 sexpressly, and repeatedly, refused .l,.I { lthe legislative precedents, above z, anu ,,, 4the advocates of Bank rely wll'l s q, aparent, confidence upon precedent. %s x Skind-Judicial precedents, or lls$ aof the Supreme Court of the oa'siI N, Ia !. In raference to such authority as llDf' ,