State Documents on Federal Relations/26
26. Resolutions of Pennsylvania against the Bank.
January 11, 1811.
The attempt to secure the renewal of the charter of the United States Bank in 1811, called out resolutions in opposition from the legislatures of Pennsylvania and Virginia. The following resolutions of the General Assembly of Pennsylvania are of especial interest in view of the state rights doctrines asserted in the Preamble. As first passed by the House the language of the Preamble was even stronger, and closely followed the text of the first resolve of the Kentucky Resolutions of 1798, but it was amended by the Senate by a vote of 20 to 8 and agreed to by the House in the form given below.
References: Text given in Pamphlet Laws of Penna., 1810–11, 268, 269, also in Amer. State Papers, Finance, II, 467. Text as passed by the House with action of the Senate, Senate Journal of Penna., 1810–11, 92, 93, 104, 105. McMaster, III, 386–389; Adams, V, 207, 328–337; Schouler, II, 316.
The people of the United States by the adoption of the federal constitution established a general government for special purposes, reserving to themselyes respectively, the rights and authorities not delegated in that instrument. To the compact thereby created, each state acceded in its character as a state, and is a party. The act of union thus entered into being to all intents and purposes a treaty between sovereign states, the general government by this treaty was not constituted the exclusive or final judge of the powers it was to exercise; for if it were so to judge then its judgment and not the constitution would be the measure of its authority.
Should the general government in any of its departments violate the provisions of the constitution, it rests with the states, and with the people, to apply suitable remedies.
With these impressions, the legislature of Pennsylvania, ever solicitious to secure an administration of the federal and state governments, conformably to the true spirit of their respective constitutions, feel it their duty to express their sentiments upon an important subject now before congress, viz., the continuance or establishment of a bank. From a careful review of the powers vested in the general government, they have the most positive conviction that the authority to grant charters of incorporation, within the jurisdiction of any state without the consent thereof is not recognized in that instrument, either expressly, or by a warrantable implication; Therefore,
Resolved, By the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met, That the senators of this state in the senate of the United States, be, and they are hereby instructed, and the representatives of this state in the house of representatives of the United States be, and they hereby are requested to use every exertion in their power, to prevent the charter of the bank of the United States from being renewed, or any other bank from being chartered by Congress, designed to have operation within the jurisdiction of any state, without first having obtained the consent of the legislature of such state.
Resolved, That the governor be, and he hereby is requested to forward a copy of the above preamble and resolution, to each of the senators and representatives of this state, in the Congress of the United States.