659. BANK (National 1813), Unconstitutional.—
After the solemn decision of
Congress against the renewal of the charter of
the Bank of the United States, and the
grounds of that decision (the want of constitutional
power), I had imagined that question
at rest, and that no more applications
would be made to them for the incorporation
of banks. The opposition on that ground to
its first establishment, the small majority by
which it was overborne, and the means practiced
for obtaining it, cannot be already forgotten.
The law having passed, however, by
a majority, its opponents, true to the sacred
principle of submission to a majority, suffered
the law to flow through its term without obstruction.
During this, the nation had time
to consider the constitutional question, and
when the renewal was proposed, they condemned
it, not by their representatives in
Congress only, but by express instructions
from different organs of their will. Here
then we might stop, and consider the memorial
as answered. But, setting authority
apart, we will examine whether the Legislature
ought to comply with it, even if they
had the power.—
To J. W. Eppes. Washington ed. vi, 232.
Ford ed., ix, 406.
(M.
Nov. 1813)
