The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-06-21

Much therefore as respect the sent
ments OF the Legislature of Virginia, an,
much as distresses me to go in opposition
to them, believe / shall do so on the pre-
sent OCCASION With respect to the alarm
expressed by some gentlemen, from tn,
large states coming forward and instructins
congress. am satisfied that no sach insi
aious motives are justly attributable to the
legislature of the state which have the no
nor to represent / am satisfied that It's
motives were honorable, pure and patriotic
anu TINS measure is A testimony of the con
sistency OF the character of the state. When
the Charter of the bank of the u. S. was
nrst granted, the general sentiment of Vir-
sinla was that this law was contrary to the
| constitution OF the y. S. Under different
! state OF things, and under the domination of
different political party than at the pre-
sent time rules the affairs of this country,
she preserves consistency of character
believing the bank to be unconstitutiona
tnen, she now entertains the same sentiment
as when in the minority, and, with an homo
rabie consistency of character and anxiety
to preserve the constitution inviolate, she h as
sent forward instructions to her Senators in
Congress. Whilst, therefore appreciate
the motive which gave existence to these
instructions, and highly respect the source
whence they come and the high considerati
on to which they are entitled generally, I
DO not on the present occasion consider
them obligatory as to the vote am about to
give.
In considering this question, will take it
in threshold view.
LIST. Whether on the first PRONUNCIATION
ct the constitution of the U. S. a right
did appertain to Congress to establish a
bank
2diy. AS respects the constitutional cues
oHs
long. Practised on, ithas the same weight as
| it originate
3dly. Whether, admitting that at first
the bank was improper, because not ne
cessary, 1t be not now proper, if it can be
proved almost indispensably necessary
ihe hrst question, whether the general
government, when it first came into opera
ton, did not possess the power of creating
national bank, is the primary object OF
investigation. In objection to this it has
been said, that % carry into effect ar emu
| merated power is one thing, and the right
tolncorPorate a bank is a distinct power
At Is not sufficient, say they, to shew that it
IS convenient instrument to carry into cf-
| iecf an enumerated power, because lis an in
| dependent authority of itself, and the genius
! OF our government prohibits the deriva ION
OF any powers by implication with scrupu
lous limitation. 1t is true, sir, that our go
| Vernment, being an emanation from the
existing state governments. the ra,ionat
construction is that all power not given
way is retained to them or TO the people
II that construction does not result, then a
IPosltve amendment, which has been made
to the constitution, has Infused this principle
! into it
therefore admit in its fullest latitude
the construction that all powers not given
away are still retainedi yet still contend
tnat even IN government constituted like
ours, there are some resulting powers. Or
by what right do we create military
school We have right to raise armies
but we Can have an army without mi
| lItary school. Yetit is constitutional to Gre
| ate such an institution, because every given
power implies rights inferior appertaining
| TO the powers granted. We lay IN embar
go--ls there any clause in the constitution
| authorizing US to lay embargoest No, sir /:
we have right to regulate trade and
we have a right to lay embargocs to pro-
tect it. We have right to provide for
arming and disciplinng the militia. Under
, this authority we build armories. Is there
any provision in the constitution directing
tf We have erected forges and even pur-
chased ore banks These are interior
powers necessarily resulting from the great
empowers granted. But here gentlemen
find the great difficulty TIE creation of
corporation, say they, is an act of soyereign-
ty; 1t canDo; be used as a mean, because il
is a sovereign act Why. sir every law
passed is quo ad hoe a sovereign act. A
| aw Incorporating military school is as much
| an act of sovereignty as to the particular
subject to which il relates as an act incor-
porating bank. We create a military
| school-for what purpose! Because the
sovereign authority has power to establish
an army, and the power to create military
| school is inssparably connected with and
necessarily a?pertaining to it. We estab
lishi navy--we also establish marine
corps There is no clause in the CONSTITUTE
on giving that power, but we take it as in
separable from power to create navy,
because the exercise of the greater implies
every subordinate power necessarily con-
nected with it The great stumblngblo
however, is, that this is one of those indie
pendent original and substantive powers
which cannot be given by implication. e----
Blackstone says, municipal law, thus un
derstood, is properly defined to be rule
of civil conduct prescribed by the supreme
power in state, commanding what is right
and prohibiting what is wrong" Agreeably
to this definition, every law passed by a
deliberative body is an act of sovereignty as
to the subject to which it relates. The es
Enlistment OF Marine Corps is as much
an act OF sovereignty as an act ncorpora-
| ting the Rank Of the TI - The onIy o,,.,