rposes.
The power which this act gives to establish two branches in any State,
without the injunction or request of the Government and for other than
public purposes, is not "_necessary_" to the due _execution_ of the
powers delegated to Congress.
The bonus which is exacted from the bank is a confession upon the face
of the act that the powers granted by it are greater than are
"_necessary_" to its character of a fiscal agent. The Government does
not tax its officers and agents for the privilege of serving it. The
bonus of a million and a half required by the original charter and that
of three millions proposed by this act are not exacted for the privilege
of giving "the necessary facilities for transferring the public funds
from place to place within the United States or the Territories thereof,
and for distributing the same in payment of the public creditors without
charging commission or claiming allowance on account of the difference
of exchange," as required by the act of incorporation, but for something
more beneficial to the stockholders. The original act declares that it
(the bonus) is granted "in consideration of the exclusive privileges and
benefits conferred by this act upon the said bank," and the act before
me declares it to be "in consideration of the exclusive benefits and
privileges continued by this act to the said corporation for fifteen
years, as aforesaid." It is therefore for "exclusive privileges and
benefits" conferred for their own use and emolument, and not for the
advantage of the Government, that a bonus is exacted. These surplus
powers for which the bank is required to pay can not surely be
"_necessary_" to make it the fiscal agent of the Treasury. If they were,
the exaction of a bonus for them would not be "_proper_."
It is maintained by some that the bank is a means of executing the
constitutional power "to coin money and regulate the value thereof."
Congress have established a mint to coin money and passed laws to
regulate the value thereof. The money so coined, with its value so
regulated, and such foreign coins as Congress may adopt are the only
currency known to the Constitution. But if they have other power to
regulate the currency, it was conferred to be exercised by themselves,
and not to be transferred to a corporation. If the bank be established
for that purpose, with a charter unalterable without its consent,
Congress have parted with their power for a term of years, during whi
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