is question first came up in Washington's Administration,
on the bill for establishing a National Bank. Seldom any
doubt is raised now as to the Constitutional power of the
National Government to accomplish and secure any of the great
results which we could not secure before the war, by reason
of what is called the doctrine of State Rights. Democrat
and Republican, men of the South and men of the North, now
agree in exercising without a scruple the power of Congress
to protect American interests by the tariff, to endow and
to subsidize railroads across the continent, and to build
an Oceanic canal.
I have in my possession, in Roger Sherman's and James Madison's
handwriting, a paper which contains the first statement of
a controversy which divided parties and sections, which inspired
Nullification, and which entered largely in the strife which
brought on the Civil War.
(In Roger Sherman's handwriting.) "You will admit that Congress
have power to provide by law for raising, depositing and applying
money for the purposes enumerated in the Constitution." X
(and generally of regulating the finances). "That they have
power so far as no particular rules are pointed out in the
Constitution to make such rules and regulations as they may
judge necessary and proper to effect these purposes. The
only question that remains is--Is a bank (a necessary and)
a proper measure for effecting these purposes? And is not
this a question of expediency rather than of right?"
(The following, on the same slip of paper, is in James Madison's
handwriting.) "Feb. 4, 1791. This handed to J. M. by Mr.
Sherman during the debate on the constitutionality of the
bill for a National bank. The line marked X given up by him
on the objection of J. M. The interlineation of 'a necessary
&' by J. M. to which he gave no other answer than a smile."
The other matter relates to the power of removal from office.
Upon that the Constitution is silent. In the beginning two
views were advocated. There was a great debate in 1789, which
Mr. Evarts declares, "decidedly the most important and best
considered debate in the history of Congress." The claim that
the power of removal is vested absolutely in the President
by the Constitution prevailed in the House of Representatives,
under the lead of Madison, by a majority of twelve, and by
the casting vote of John Adams in the Senate. Mr. Madison
said:
"The decision that is at this time made will become t
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