bank or
banks in said District with capitals not exceeding in the whole
$6,000,000 if they shall deem it expedient." This provision is continued
in force by the act before me fifteen years from the 3d of March, 1836.

If Congress possessed the power to establish one bank, they had power to
establish more than one if in their opinion two or more banks had been
"necessary" to facilitate the execution of the powers delegated to them
in the Constitution. If they possessed the power to establish a second
bank, it was a power derived from the Constitution to be exercised from
time to time, and at any time when the interests of the country or the
emergencies of the Government might make it expedient. It was possessed
by one Congress as well as another, and by all Congresses alike, and
alike at every session. But the Congress of 1816 have taken it away from
their successors for twenty years, and the Congress of 1832 proposes to
abolish it for fifteen years more. It can not be "_necessary_" or
"_proper_" for Congress to barter away or divest themselves of any of
the powers vested in them by the Constitution to be exercised for the
public good. It is not "_necessary_" to the efficiency of the bank, nor
is it "_proper_" in relation to themselves and their successors. They
may _properly_ use the discretion vested in them, but they may not limit
the discretion of their successors. This restriction on themselves and
grant of a monopoly to the bank is therefore unconstitutional.

In another point of view this provision is a palpable attempt to amend
the Constitution by an act of legislation. The Constitution declares
that "the Congress shall have power to exercise exclusive legislation in
all cases whatsoever" over the District of Columbia. Its constitutional
power, therefore, to establish banks in the District of Columbia and
increase their capital at will is unlimited and uncontrollable by any
other power than that which gave authority to the Constitution. Yet this
act declares that Congress shall _not_ increase the capital of existing
banks, nor create other banks with capitals exceeding in the whole
$6,000,000. The Constitution declares that Congress _shall_ have power
to exercise exclusive legislation over this District "_in all cases
whatsoever_," and this act declares they shall not. Which is the supreme
law of the land? This provision can not be "_necessary_" or "_proper_"
or _constitutional_ unless the absurdity be admitted t