A Compilation of the Messages and Papers of the Presidents. Volume 2, part 3: Andrew Jackson, 1st term
History
A Compilation of the Messages and Papers of the Presidents. Volume 2, part 3: Andrew Jackson, 1st term
Jackson, Andrew, 1767-1845; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
If we must have a bank with private stockholders, every consideration of
sound policy and every impulse of American feeling admonishes that it
should be _purely American_. Its stockholders should be composed
exclusively of our own citizens, who at least ought to be friendly to
our Government and willing to support it in times of difficulty and
danger. So abundant is domestic capital that competition in subscribing
for the stock of local banks has recently led almost to riots. To a bank
exclusively of American stockholders, possessing the powers and
privileges granted by this act, subscriptions for $200,000,000 could be
readily obtained. Instead of sending abroad the stock of the bank in
which the Government must deposit its funds and on which it must rely to
sustain its credit in times of emergency, it would rather seem to be
expedient to prohibit its sale to aliens under penalty of absolute
forfeiture.
It is maintained by the advocates of the bank that its constitutionality
in all its features ought to be considered as settled by precedent and
by the decision of the Supreme Court. To this conclusion I can not
assent. Mere precedent is a dangerous source of authority, and should
not be regarded as deciding questions of constitutional power except
where the acquiescence of the people and the States can be considered as
well settled. So far from this being the case on this subject, an
argument against the bank might be based on precedent. One Congress, in
1791, decided in favor of a bank; another, in 1811, decided against it.
One Congress, in 1815, decided against a bank; another, in 1816, decided
in its favor. Prior to the present Congress, therefore, the precedents
drawn from that source were equal. If we resort to the States, the
expressions of legislative, judicial, and executive opinions against the
bank have been probably to those in its favor as 4 to 1. There is
nothing in precedent, therefore, which, if its authority were admitted,
ought to weigh in favor of the act before me.
Public-domain text, read in full here on John Shaqi.
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