Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-09-07

powero al creating corporations which was
reiccted.~
The minds Of the people, OF this coun-
try, were considerably divided on this
subject. -. The republican party were
decidedly at opinion, that the bank WAS
unconstitutional This opinion conil-
nned 10 prevail, and still IL is believed.
prevails with the majority OF them. The
existence oft defeated any effort TO renew
The charter OF the first bank. !, is true
that the financial ems,arrassmeniS oi the
country, and The strong interest which
The administration took i'm this sub
lect, succeeded IN getting new bauk
law through congress. Ii dragged on
heavily, and passed with great rrlnc-
lance, and not as is believed with the
appreciation OF majority of those either
Ia "ront of Congress, who were opposed
tot upon great constitutional principles.
tfaviDg once passed III this way. n Ger
family becomes question of grea, deli
cacy. 10 fake any step destructive oflt.--
ihousands OF innocent persons have been
induced Ia MS, Their property IN Tins
institution, under tiIe faith uI congress,
AMI t;ie government. We are placed ia IA
sitpati"p Where 1t is as difficult IN 90
back as 10 GO iorn ard. Sound policy aud
Justice therefore would seem To demand
OF those who still think the lrank u,I-
constitutional, 10 acquiesce IN N whilst
Inc charter exists: but r. serving u them
selves right 10 oppose lis being con
Sidered as Il precedent, which will ,Lstiiy
or palilate, any similar iniraciioh of The
constitution. The very circumstance Of
HE necessity Of submitting, in the la
stance spOkeu of, makes IL tto,e i'm
pe'Iously a duty 10 endeavor TO have
the true principles of The constitution
settled aud understood. SO that ihe
general government on the one hand, and
HE states on the other, may move IN their
proper orbits.
In relation to The decisinn of The su-
preme court on the subject OF The back
II can only, according 10 The principles
which regulate judicial Interpretation, be
considered as deciding The question be-
fore them. 1t can only be considered az
decldiug, that the bank was 'nec.ssar,
and proper, within the constitutional sly
nihcatiOu of those words. Ii rauuui be
extended tOany other attempt of congress,
To exercise incidental powers. Each case
must stand on It's own basis. Brsldes,
The decision ct the supreme court Is uot
conclusive upon u case like the preseu,.
In relation 10 the distribution of powers,
amongst the departments of the govern
ment OF the United States itself, II NAV
ue rlal. But here Is a question of au-
lhorliy between the states OF the people.
aud the general government. In relation
10 The powers retained, the states are as
sovereign, as the general government Is,
Win respect 10 those Connected. The
states are parties To The. compact. This
must appear clearly 10 amy one who will
consider either The agency The state 20
vernmeniS had IN bringing The general
government into existence, or the rircum-
STANCE, that the state ovcrnneni, arr,
essential, and Indispensable to The exist
ence of the general government; that they
are recognized by II; that republican
form OF government Is guaranteed To each
state by the constitution. Would il not
be passing strange, that In ii compact. b,
which sovereign states are bound Ia each
other, and their powers defined. il should
heiong 10 one party 40 say when the com
pact was violated by itself The supreme
court, Is The court I'll the government OF
ihe Oviied S'aiesl appointed by, and
amenable TO 1t, aud though I, msy be
distinguished 10y t4leBis and patriotism
yet eau l, be considered as The proper
tribunal 10 decide IN the last resort,
whether particular power belongs 10 The
general or state governments: 4 AS we'll
might II be SAID that tie decision of the
state courts, is conclusive oil the general
Cove uncut. The truth is thai Whenever
qn silen arI es.hetweentyo STATES each
claia,ing 4 right under u federalive com
pact to exercise particular authority, i, is
d Question ofgreat delIcacy and frequent
Is dlHicnt;o be adjusted. Thr decision
OF neither pariYis conclusive on the Other.
no mare than would be the expression OF
the opinion of nne individual, about a
compact which he had with another.
90 into these enquiries 10 shew, that
the Bank Of the United States has come
INTO existence, under very unlavorabie
auspices. lls,leg !llnaey has been long, and
seriously doubled, andltis Oniy conSid
ered proPerto acQuieScc III II from The cir
cum >tances, unli' + which individuals NAV
have been tempted 10 vest their money IN
II, because general Infringement the f.
nanc'al uoni-d concerns OF The country
may result from lis destruction Blu,
that ANY of the advocates OF bank, thus
| created, having such doubts and Difficult.
ties 10 contend withdrawing, if
may so say, merely by federation,
should nov IIIsisi, or even intimate, that
II shall be considered tie only true
bank, that Ike AarOn's rod il shall sN allow
up all The rest 4; is all event not 10 have
been expected. THAT such an eject IN
cnnduce TO The power ana grandeur OF The
| Bank OF tie United States, may be true.
But II is equally clear that il wonld ena-
bile II to control the dtslinies Of this ma
| ton.
II shall be The object Of subsequent
| enquiry, to examine whether there is any
! thing III the constitution OF the United
States, prohibiting TO The states 10 iucor-
| pUralr banks and What would he size
| probable effect OF such prohibition.
| --- FABKICiUS.