The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-12-29
SDo1ne6ttc.
PH1LApELpH1A. Dec. IL. 181o,

lions land before the n use oil keDresrn
tativ>s OF Pennsylya by Colonel Hoi
gaze
The States composing the U. S. by the
adoption OF the federal constitution, esta-
biished general government for spccial
purposes. which purposes are seated in the
constitution. each state reserving TO itself
and its CITIZENS all the rights and authori
ties mot delegated" to the general Gov
eminent. Io tnio compact each state acce-
ded IN ITS Character as a State, Sc is apart
the other states forming as to It. the other
party. The written agreement thus enter
ed into. being to all intcnts and purposes
treaty between sovereign powers. The &c
neral government by this treaty was moi
constituted the exclusive or final Judge Of the
powers 1t was to exercise ii 1T were so 10
judge, then its judgment ard discretion. and
not the constitution, would be the measure
of its authority
The Interpretation Of that instrument was.
as In all other cases of compact. between
parties having no common umpire, each par
~ having an equal right to determine for
itself, not only as to intractious of the com
pact, but as O the kind of redress to which
1t would resort, and having at all times. and
under all circumstances an indubitable right
TO express is opinions and use its influence
III the National Councils, and with it's sis
ter states to prevent any apprehended in.
traction of the general compact. ShouId
the general g vernment in any of its de
partments, violate any of the provisions of
the constitution. rests with The states 20
apply constitutional remedies and embrace
the earliest occasion to provide against fu
ture violations. Coutormably TO these prin
cipIes the Legislature of Pennsylvania feel
II To be their duty, to their constituents and
the y. >. frankly TO make known it's opInl
oi$ upon an Important subject, which has
agitatcd. and soon must again agitate the
councils OF eIe union
The Charter of the Bank of the u s will
expire by its own limitation, on the 4th of
March 1911 as the Directors of the insti-
tutioh nave applied tor a renewal of their
charter, as proposition for an increase
OF It's capital, thirty Millions, and a
proportion of a National Bank, have all
been submitted TO Congress, the Legs
iature OF Pennsy lvania feel it incumbent
on them To declare, that they do not be
iieVe mat congress ought to sanction any
Oh those propositions, nor upon any &C.
casion or pretence, grant a charter of In
corporation. the powers of which are to he
exercised within the territory of any state,
no riSht to grant such charters being YES
ted IN the general government This cues
ton. deeply involving the rights and sove
legislature are bound 10 use tn cir best ex
eruons 30 prevent those rights and thar SC
vereignty from being infrnged or invaded !;
toI these purposes they are induced briefly
u STATE some of the reasons which imDel
lem 10 the adoption of the Resolutions
hereun, annexed.
From the time that the proposal to incor.
porate a Bank WAS first submitted TO con-
gresS to the present hour, the wisest and
pest men IN The union have uuhesitatinglv
declared 1t to be unconstitutional. Upon
| 'nis ground 1t was mantully resisted by the
! present President of the u >. and other
Distinguished statesmen. So fearful were
tIe frlcnds of he measure of the effects the
arguments adduced against it would pro
duce; SO conscious we're they of the lender
ness and delicacy of the ground they occu
pied, and SO anxious were they 70 commit
congress that the act TO incorporate the
oauk OF u. .! was hurried through he lie
gislature with such PrecipItancy and alarm,
| and in so imperfect a state, that IL was
found necessary to introduce a supplement,
before the act itself had become a iaw.--
| 1t was on the 18th February 1871. that
the act to incorporate the Bsnk of u. S,
passed both houses of congress on the
23d, an act supplementary to the &C; of in
corporation, had been read . third time &
was not until the Path of the same month
that the then president of the u = Gene
raj Washington, could be prevailed upon to
sign the act OF incorporation and return i.
20 Congress. These facts which are rrcor
ded III the Journals of the first Congress e.
vince the opposition which was then made
to the granting the first, the last and only
act OF incorporation ever granted by Con
gress, except within their constitutions
d.main the district Of Columbia. NJ fact
then stated nor aigument then urged has
lost aOy thing OF It's force however ii NAV
have been strengthened by experience.
| those who are most decidedly in fnvcr of
allowing Congress to grant charters Of 10
corporation. do Mt pretend hat the right
to grant them IS expressly given by the le
deral constitution, and IL IS notorious that
such right was not intended 70 hc given by
the Convention who trained it. This facr
which ought never to he lost sight Of, vas
powerfully urged by Mr.. Madison in 1921
when on the floor vt the house of represen
tatves of the u $. he declared that .the
power to grant Charters of Incnrunra,ians
was ir the original plan reported nv the
/ Committee TO the Convention among the e.
numerated powers granted to congress by
the 9th sect. OF the 1st. Art of the Ccusti
tuition, but that after three daya c3ns.derr
tim ana ardent debate IN MAJ b,dv. il mus
stricken DHt---as POWER IMPROPER
TO BIZ VESTED IN THE GENERAL GOV
IERNMENT"
! II being coded by the friends If the rnrq
sure, that the right to grant charters of in
corporation by Congress is no where &C