Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-04-20
u STATES RANK

u. STATES BANK.
FRANKFORT, (ky.) April 2.--Wc have
received The opinion ofthe Supreme Court
al length on the cons.ituiionalily of the
u. States Bank, and tile right of the
States TO lax it. Ii is very long but The
subject possesses such degree of inter-
Isl, That We shall insert il i'll the Argus as
soon as possible.
The general principles assumed by
the court are. thai The national govern
ment has a right 10 adopt any means
which may be- g coapenient" for carrying
ihe'speclfied powers of the constitution
into effect; that Il National Bank l. con
venieat for the collection and distribu-
ton OF the revenue, aud therefore IL is
constitutional that in the adoption OF
means 10 carry into effect the specified
powers OF thu constitution, the national
government IL supreme that a rigli, III
the states 10 TAX those means would be
Inconsistent with TINS supreme power, as
the right TO Tax may be exerted III such "a
way as TO destroy; that The bank is the
means adopted by The government Tor
the collection and distribution of the re-
venue, and, therefore, the states have no
right to tax it or its branches. The
Court admit the right of the states To TAX
The real property of the Bank and the
stock therein, owned by their respective
cltlZens.
The broad ground assumed In this OPT
MON must be truly alarming 10 all those
who hold sacred the reserved powers Of
The states and the people. Ii amounts
TO iliis-that If Congress think il " COME
fneRt' 10 cloihe the citizens of tie states
with corporate powers for the collec ton
OF the revenue, for The regulation of CON
merce, or tie execution of any other
power mentioned III the constitution, tlIey
are entirely above the control of The
states. In fine, whatever is thought con-
ueniem' by Congress becomes perfectly
constitutional. Some excuse, some pre-
fence OF convenlenGy IN carving into eff
feet specified powers, may be found TO
justify The incorporation of companies
with monopoly OF trade, of individuals
for the purpose of farming out the re-
venue, oil companies Tor The purchase Of
public lands, and perhaps even of "a matt
onal church, 10 correct and maintain
morality among the pc ople without whic
none OF lie specified powers Of The con-
siilution could be carried into effect.
With respect TO tie right of taxation
by the states the court appear TO con-
tradict their own principles.
They say, the states have no right 10
tax The Branches or rather the amount of
capital used within their respective juris
GictionS-and why Because tile right
10 tax implies the right to destroy, and is
therefore, inconsistent with the supre-
macy of the u States. But they admit
the right OF The states 10 tax the stock
OF the Bank OWHed within their respective
jurisdictions. 1t weuld take men more
learned than even the JUICES Of the Sn-
preme Court TO explain the difference
IN principle or effect, be,xeen right
OF the states 10 tax stock oiOned within
their jurisdiction or used within it.
IT every state had the right 10 impose
an unlimited tax on the stock used with
IN IT, or IN other words on the Bank aud
his Branches, the institution itself might
be destroyed or driven into the District
OF Columbia, by lax similar 10 that
lately imposed by the state of Kentucky.
Ills, say the court, would destroy the
supremacy of the general government.
II every state has The right to tax the
stock owned by lis citizens, they NAV
lay such tax as would render The stock
worse than worthless, and mol even the
District of Columbia could project the
Bank from destruction. " hat then would
become oil national Supremacy? The right
admitted by the CourI is, il possible. more
destructive TO the supremacy of tie Uni
on,tlaD the right denied by them. On
tie principle admitted, The Bank might.
by q concert between lie states, be Giier-
~ destroyed, whereas OH the princiDIe
de,'ied by them she might exist ia lie
District of Columbia.
Bui we lave no! room for further COM
NJ NJ. The principles assumed I'm this
decision ntusl raise an alarm throughout
our widely extended empire. They strike
az HE root OF stale rights and state So
verel@njy. Tie people must rouss from
Tic lap Of Deiilah and prepare TO meet
the PlIiisiines The natnndl govern
meui is again cncroaclIing on The rights
OF Nv states and the people. There must
lie fixed. determined resistance 30
these cncro3cluents, not OF arms, but of
lie moral 'nergy Ola free people. The
power OF Congress tO establish a Nation
al bduh IS alarming bur no mind can
compass the extent Oi encrOW lment upon
state and individual rights which may
take splacc ander The principles Of this
dcrisl,u
We can bear tie present usurpaiion
during tie continuance Of The bank
But lei It not be repeated or
exiended-'ihe constitution must be
amended, aud this should be lhe sub
stance Of such amendment.
CongreSs shaH hape no poccr to esfaJiish
n co,Poratj0n oTcept 'cithm the DiStJTd oC
COinmbia.
TlHs would cut up The evil BIS Tie roots.
No bank Of other corporation could then
be- esiablIehed except by state authority.
As soon ~ possible we vii publish TIC
Opinion, and IS our convenience will per-
lii, examine it minuicly.
BANK OF KENTUCKY.
Two attempts have been made during