Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-12-25


the rights of the states. They readily
perceive, that questions OF great de-
ilcacy and Importance may arise be-
tween The parties To the compact, as
10 iher respective powers, which TO have
declded III manner, that will ensure
public confidence, and reconcile Earring
and conflicting interests, ought 10 be
referred To some tribunal, which not being
| appointed exclusively either by the states
or The federal government, may be exempt
from any feelings, which however honest,
may be untriendly to an uabiassed deci-
sion.-They are therefore of opinion, that
an amendment ought 10 be made TO the
constitution ofihe United States, creating
a tribunal of that description, which shall
! be appointed in a mode to secure IL as
saras possible from bias, either 10 The local
or general government, and with auihori-
~ to decide such questions, as may arise
and relate 10 the powers of the general
a'si state governments, under the COM
pact.
! The General Assembly therefore, in
! fiuenced by these considerations, (and
confident that subject so important, will
awaken your vigilance and engage all
your wlsdom,) Instruct you, as their Sena-
tors, and request the representatives from
TINS state in The Congress of tie United
States, TO use their. best efforts
| LIST To procure an amendment the c. nsti-
| tution OF the United States, creating a triba-
mai Tor the decision OF all questions, IN which
the powers and authorities of the General
Government and those of the States where
they arc IN conRict, shall be decided;
And 2nd. TO resist on ever, occasion all acts of
legislation III The Congress of the u. States.
winch attempt 10 exercise any power or au-
thority, which is not either expressly given
| to Congress by the Constitution, or whichis
| not necessary and proper" 10 carry into effect,
the powers so expressly given; or any other
| powers vested by the constitution in the CO.
Veinment of the United States, or any de-
| psrtment, or officer thereof; aud that i'm
constituting the words '' necessary and pro-
per- they be regulated by the. CONSTRUCTION
herein before put on them, and also that
given by the resolutions and repori adopted
by the General Assembly of Virginia. at
their sessions of i79S aud 1899 which have
been reconsidered, and are fully and entirely
approved of by this Assembly.
Resolved, That the Governor be desired to
| transmit copy of the foregoing Instructions
| TO the Executive authority of each of the
| other states; with request that the same NAV
! be communicated to the Legislature thereof
| and that copy he furnished TO each OF the Sc
majors and Representatives, representing this
state in the Congress of the U. States.
The following is copy of the Paper sub
| mltted by Mr.. ATther of Amelia, to the House
of Delegates on " edresday last and by Them
! referred 10 the Committee of the Whole and
| ordered 10 be printed
The General Assembly of Virginia, al
the time that the question of The grant of
a renewal OF The charter Of the first bank
incorporated by authority Of The Uniiet!
States under the federal constitution, was
the subject of discussion in the national
Legislature, IN thr exercise of the right ap-
pertaining TO II as representing one OF the
parties to the federal compact, ayailed
| Itself Of the oc' aston 10 express an opin.
ION, thai the government of The union
| could by no fal or reasonable coHsiruc-
| ton OF the nature and extent OF lis proper
powers, be considered as invested with
authority TO grant charter of incorpora.
| ton TO Bank OF the United States. With
the opinion Illus expressed, there can be
no doubt that III. views of this Assembly
have continued al all succeeding periods
To accord. Ii al the period of The eXer.
| clse OF the power In question, IN the in
corporation OF the existing Bank oil the
| Uniled States, no expression of opinion
or remonstrance was reSoried TO Oh The
part OF The General Assembly, the omis
sion is exclusively TO be ascrIbed 10 lie
persuasion that such a proceeding could
| ahd nothing 10 the nutorIeiy OF ITS seHti-
| meuis, aided by the Influence of dispo-
sitlon TO repress objection however valid,
| 10 ar act OF The constituted authorities OF
! tie union presenting itself under the in
| tangible form OF d contract, and limited
| by lis terms, 10 definite period of ope-
ration. From the continued indulgence
oil this disposition III relation 10 The act
| which has been adveried 10, this Assembly
could only have been induced by very
| lorcibie considerations 10 depart OF this
| description, Is The consideration presented
| bY the character of late adjudication of
| the Supreme Court of the United States.
| pronounced III case brought before this
| tribunal BY appeal from a Judgment of
| tie Federal District Court Of the State Of
| Maryiand, rendered IN suit commenced
| bJ authority of that state, against an of
| hcer OF the Branch Bank of the United
STATES established within lis limits, acting
| or behalf of that institution. In the
| statement which has been laid before the
| public, purporiing TO be report of tn
opinion OF The court, accompanying and
explaining ihe grounds of this adjudica
ton, the claim of right on the part OF
the government OF the Union, TO exercise
power of incorporation of national
bank, is not only directly affirmed, but
| the right is referred for its original, TO
sources of constructive and forced inter
probation OF the instrument asceriainlng
the federal authority, iucomparably mora
| important ~ their character aud the
etlec' Of their establishment, than ANY
single claim OF power, as tending i'm lie
opinion of this Assembly, TO tie introduc
| ton OF an essential and underlined mediti
Gallon OF The received operation of that
instrument, and enlargement Of The Just
| extent of that authority. The judiciary
department is known 10 arrogale and TO
| exercise ~ this country, power Of deeid-
| ing on the constitutional validity OF acts
| Of legislation. An act OF Tie federal legls-