The Clerk read, as follows: “The questionbeingon the amendment oTTeredby Mr. Moore, of Alabama, proposing. 1st that the bank shall notlestablishor continue anyoflicoofdis count or deposit, or branchbank, in any State, without the consent and approbation of theState: 2nd, that all such officesand branches shall be subject to taxation according to the amountof their loans and issues in like mannerasother banks or other property shall beliable to taxation: Mr. WEBSTER spokonsfollows; Now, sir, I doubt exceedinglyour powerto adopt this amendment, and I pray the clpliberateconsideration of the Senatein regardto this pomt. In the 1st ‘pluoo, let meask. what is the constitutional grouu on which Congress createdthis our poration, apd on which we now proposeto continue it? There is no express authority to createnbankor any other corporation given to usby the Constitution. The oweris orived by iniplication. Ithasbeen exercise, a deanbo exercised only on the ground of a just necessii. It is to be maintained, ifiit all. on the alle gation that the establishment of a national bank is a just and necessary means for carrying on tho Government and executing the powers conferred on Congress by the Constitution. On this ground Congress has established this bank, and on this it is npw proposed to be continued. It hss already boon judicially decided that Congress haying OSlHDllShQd E sink for these purposes, the Constitution prohibits the States from taxing it. Observe, sir, it is the Constitution, not the law, which lays this prohibition on the States. The charter of the bank does not declare that the State shall not tax it. It says not oneword on that subject. The restraint is imposed not by Congress, but ya higher authority. the Constitution. “Now, sir, ask hoivwecnn relievo the States from this constitutional prohibition. It is true that this prohibition is not imposed in express terms. but it results from the General provmons of the Constitution, and has been Judicially decided to existin full force. This is a protection, then. which the Constitution of the U.S., by its owu force, holds over this institution, which Congress has deemed necessary to becreatedin orderto carryon the Government. So soon as Congress, exercising its own judgment.has chosento create it, can we throw oi from this Government this constitutional protection? I think it clear we cannot. We cannot repeal the Constitution. Wo cnnnot say that every power.every branch ore institution and every law of this government sha l and all the protection awvhoaicllhtthheef Corocnes, taitllutthioensgaivnecstiito.n’,