nk on constitutional ground, then the assertion is wholly
incorrect, and against notorious fact. It is perfectly well known, that
many members, in both houses, voted against the bank in 1811, who had no
doubt at all of the constitutional power of Congress. They were entirely
governed by other reasons given at the time. I appeal, Sir, to the
honorable member from Maryland, who was then a member of the Senate, and
voted against the bank, whether he, and others who were on the same
side, did not give those votes on other well-known grounds, and not at
all on constitutional ground?

General Smith here rose, and said, that he voted against the bank
in 1811, but not at all on constitutional grounds, and had no doubt
such was the case with other members.

We all know, Sir, the fact to be as the gentleman from Maryland has
stated it. Every man who recollects, or who has read, the political
occurrences of that day, knows it. Therefore, if the message intends to
say, that in 1811 Congress denied the existence of any such
constitutional power, the declaration is unwarranted, and altogether at
variance with the facts. If, on the other hand, it only intends to say,
that Congress decided against the proposition then before it on some
other grounds, then it alleges that which is nothing at all to the
purpose. The argument, then, either assumes for truth that which is not
true, or else the whole statement is immaterial and futile.

But whatever value others may attach to this argument, the message
thinks so highly of it, that it proceeds to repeat it. "One Congress,"
it says, "in 1815, decided against a bank, another, in 1816, decided in
its favor. There is nothing in precedent, therefore, which, if its
authority were admitted, ought to weigh in favor of the act before me."
Now, Sir, since it is known to the whole country, one cannot but wonder
how it should remain unknown to the President, that Congress _did not_
decide against a bank in 1815. On the contrary, that very Congress
passed a bill for erecting a bank, by very large majorities. In one
form, it is true, the bill failed in the House of Representatives; but
the vote was reconsidered, the bill recommitted, and finally passed by a
vote of one hundred and twenty to thirty-nine. There is, therefore, not
only no solid ground, but not even any plausible pretence, for the
assertion, that Congress in 1815 decided against the bank. That very
Congress passed a bill to c