The Washington union., 1857-11-21
THE WASH INGTON UNION. = Z gef2

enable Congress- TO exercise any specified in the con-
sttntion The advocates Of such corporation can
not agree upon the express power to which IT is ali
incident. Congress has power to lay and collect
taxes but corporation is not needed either in lay
ing or collecting. II can borrow money, but it is
absurd TO say that under it Congress can create a
lender, not Of money but a bad substitute 1t can
regulate commerce, but it cannot create corpora
ton and delegate to it the to do So TO use
it for any such purpose. Commerce may be "afiect-
ed" for good or for evil by bank operations~-expan-
sions, contractions, and ailuresbut il can be reg-
ulated" only by laws OF Congress. Congress can
declare and conduct war, but bank corporation is
not necessary or proper agent in doing either II
il could act at all it probably would be to dictate to
that body what it might do. The power to raise and
support armies and navies requires no such agency
for any purpose whatever A bank which manufac-
lures paper money is not necessary incident to the
power to coin money and regulate the value OF
current coin. In none of these cases is banking
corporation either necessary proper in executing
express power. @
But it is said that it is necessary and proper
s.lscal agent of the government. This is not SO.
The sub-treasury receives, keeps, and pays out
revenues and has more than answered the expecta-
tons of its friends, and its ancient enemies concede
that it is all that is desired. A bank is desired for
wholly different purposes, AS an incident to any
express power it is not needed 1t is conceded that
Congress may select and employ such agents as it
may reasonably be necessary to manage the affairs of
the government under the constitution But this
A., .,fa t,at
il may, after its creation be employed, and much
less that it may create and employ agents that
worse than useless fit create, under Of these
express powers, a corporation to manage public af-
fairs it can do under each of them. There can be
limit to the powers it may confer upon such agen
cy, BECAUSE under the theory that Congress judges
of the means to be used, it must determine the ex-
tent Of their nse. There is power in the constitu
ton authorizing Congress to create fiscal agent.
The government itself is, in fact the real fiscal agent
of the people and the President is the head of that
agency. If Congress can create fiscal agent and
other agencies under the incidental authority of
express power, then the government may be taken
out of the hands of its constitutional officers and
mitted to those who owe it no responsibility. If
fiscal agent Of this kind can be created it may
be done by Congress over the Presidents veto,
and the whole finances of the nation taken
from officers commissioned by him, and put
under the control of such persons tho stockhod-
ers of tho bank may appoint. Then the controlling
spirit of the "lscal agent" will be persons over.
whom neither the President Congress
ercise any possible control. The government agent
win be that person whom others will select, and
whom he will obey. A thousand statutes cannot re-
lieve from the difficulty This agent, having its
money, may set the government at defiance, well
in war as in peace, and no power on earth but bay
onet force can reach it, and even that might find
nothing but empty boxes instead Of money.
Persons appointed by the bank owners would not
be agents of tho government, nor officers under
the constitution Such contrivance would deprive
the President of tho appointing power expressly
conferred on him by the constitution, while he would
be held responsible for the consequences of all its
acts, however fatal they might prove. Except those
which may be vested in the courts or heads of de-
partments, or specially provided for in the consttu
ton, the President must appoint every officer of the
whole government, and the right to do 80 cannot be
taken from him and placed in other hands an i'm
cident to any other power. We think no one who
will read and reflect will doubt that national bank
cannot be created as fiscal or other agent under
the constitution, but that charter such as is desired
would be both unwse and unconstitutional Still, this
is the great cornerstone of the new antidemocraic
party.
LAUNCH OF THE UNITED STATES REVENUE CUT
TER HARRIET LANE
We copy the following from last Thursday eve
ming s edition of the New York Express:
According to previous announcement, the new steam
revenue cutter Harriet Lane (naned after Mr.. Bu-
chanan noce) was launched from the shipyard of VIM
xIr4l. rs.4 ctl IL. Vho