Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-03-23
[From TIE National Mteliisencer.

McCulIoh )W,it of error from
The State Of MARYLAND Of dse M Io%I, 90 Appeals
The CHIEF JUSTICE delivered the
Opinion of the Court.
In the case now TO be determined, the
defendant, sovereign state, denies the
obligation of a law enacted by the legisla-
fure ofthe union, and The plaintiff on his
part, contests The validity of an act which
has been passed by the legislature of thai
safe. The constitution of our country,
IN IFS most interesting and vital parts, Is
10 be considered I; the conflicting powers
of the government of the union, and of
its members, as marked in Tho. cousti,u-
Ton, are TO be discussed and AN opinion
ven, which may essentially Influence
the great operations of the government
No tribunal can approach such question
without deep sense of lis Importance,
and o! the awful responsibility involved
IN lis decision. But il mus: he decided
peace fully, or remain source Of hostile
Legislation, perhaps of hostility of still
more serious nature and ii II is To- be SO
decided, by this tribunal alone can HE de
cislon be made. On the Supreine Court
OF the Unii q States lasihe constitution
of our country dcvolved This important
duty.
The first question made in the causcis,
HasCongress power to incorporate bank
1t has been trulys said, that this can
scare ely be considered az an open gues-
'ioh, entirely unprecedented by The former
proceedings OF The nation respecting il !.
1 he principle now contested was intro
duced a, very early period of our i.to
ry, las been recognized bS mauv success
sive legislatures, ana has been acteti upon
by tie Judicial Department, in cases Of
peculiar delicacy, as a law of undoub:ed
Obligation
IL will not be denied, that bold and
daring usurpaiion might be resisted, after
an aequlesceDce still longer and more
complete than this. But il is conceived
mai doubtful question, one on which
numan reason may panse, and The human
Judgment be suspended, in the decision
OF which The great principles of liberty
are not concerned, but The respective
powers OF those who are equal, the rep
resenia'ives OF the people, to be adjusted,
IL moi pni al rest by The practice of The
government, ought 10 receive consider
able impression from that practice. An
exposition of The constitution, deliberate
ly established BIZ legislative acts, on the
FAITH oil which an immense property has
been advanced, ought moi TO be lightly
dIsr garded.
The power HOW contested was exercised
by The first Congress elrc,ed under the
present Constitution. The bill for incor-
peraiias tiie Bank Of ihe Tilted States
dId not steal upon an uBsusptciins legis-
lsdure and pass uisot,gerved. Its princJr!,
YEAS completely understood, and was OBJ
posed wi.'i eqHai zeal and ability. After
being resisted FIRST in The fair and open
IL ia of debate, and afiern ards in Tue ex-
erutive cabinet with as much pelsevering
talent as any measure has ever experien
ced, and being supported by arguments
which convinced minds as pure aud incl
ligcni as any this country can boast. i;
became law. The original ael was per
mltfed 10 expire, bura-siiori experience Of
Inc embarrdssmenis 10 which the refusal
10 revive II exposed The government, con
Vihcea those WHO we're most preludiccd
against the measure of lis necessity. and
induced The passage OF the present law.
IL would require no ordinary share Of IN
trepldlty 10 assert that a measure adopted
und tlifSe circumstances MAS bold and
pidin usurpaiion, 10 which the CoDstiiH-
Ton gave 40 cOuuienanCe
These observations belong TO fhe cause ::
but thev are MOI made under The impress
sion ihal, were The question entirely new,
ne ldw would be found irreconcI)eab!e
with the Constitution.
In discussing this question, lie coun-
sci Tor HE Stale OF Maryland have deeln-
ED II OF some Importance in The const,nc-
non OF the Constitution, 10 consider That
Instrument not a. eufanaing from the
people, bHt as the act of sovereign and
independent states. The powers of the
frfH 81 . .
nel gated by the states, WHO alone are
truly sovereign, and must be exercised i'm
suDofdInaiIOu 10 The states, who alone
possess supreme dominion.
II woald be difficult 10 sustain this pro-
position. Tie Convention which framed
ihe Constitution was indeed elected bI
ibe state legislatures. But the insiru.
heUi when II came from their hands, was
mere proposal, without obligation, or
pretenslons To- 1T. II was reported 10 the
tAen existing Congress OF the u. States,
WIN request that il might " he submit
ted ioa Convention of Delegates, chosen
IN each state 10y the people thereof, under
ihe recommendation OF IFS Legislature,
Tor theIr assent and ratification" This
mOd OF proceeding was adopted and
Dy ne Convention, by Congress, and by
me Stale glslatures, the instrument was
submitted TO Tie people. They acted
npon u III The Only manner in which they
eau act safely, effectively and wisely OH
such subject, by assembling in Conven-
ION. 1t IS true, they asse mbled in their
several siates-and where else should
They have assembled! No political dream
eF was eVerwild enough iOihlnk OF break
iug Gown the lines which separate STATES.
ana OF compounding the American people
iDiO one common mass. OF consequence,
when ihey ACT they act in their states =.
bui The measures they ADOPT do not. on