hat whenever it be
"necessary and proper" in the opinion of Congress they have a right to
barter away one portion of the powers vested in them by the Constitution
as a means of executing the rest.

On two subjects only does the Constitution recognize in Congress the
power to grant exclusive privileges or monopolies. It declares that
"Congress shall have power to promote the progress of science and useful
arts by securing for limited times to authors and inventors the
exclusive right to their respective writings and discoveries." Out of
this express delegation of power have grown our laws of patents and
copyrights. As the Constitution expressly delegates to Congress the
power to grant exclusive privileges in these cases as the means of
executing the substantive power "to promote the progress of science and
useful arts," it is consistent with the fair rules of construction to
conclude that such a power was not intended to be granted as a means of
accomplishing any other end. On every other subject which comes within
the scope of Congressional power there is an ever-living discretion in
the use of proper means, which can not be restricted or abolished
without an amendment of the Constitution. Every act of Congress,
therefore, which attempts by grants of monopolies or sale of exclusive
privileges for a limited time, or a time without limit, to restrict or
extinguish its own discretion in the choice of means to execute its
delegated powers is equivalent to a legislative amendment of the
Constitution, and palpably unconstitutional.

This act authorizes and encourages transfers of its stock to foreigners
and grants them an exemption from all State and national taxation. So
far from being "_necessary and proper_" that the bank should possess
this power to make it a safe and efficient agent of the Government in
its fiscal operations, it is calculated to convert the Bank of the
United States into a foreign bank, to impoverish our people in time of
peace, to disseminate a foreign influence through every section of the
Republic, and in war to endanger our independence.

The several States reserved the power at the formation of the
Constitution to regulate and control titles and transfers of real
property, and most, if not all, of them have laws disqualifying aliens
from acquiring or holding lands within their limits. But this act, in
disregard of the undoubted right of the States to prescribe such
disqualifications, gives to ali