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

Of any proposed measure OF The general anthos
ray, TO ahTiOgc the exercise "a a vte-eXistcnt
yl.,ht OF state forG,s criterion proper to be
regoried q tor aid IN determining the eonsti-
tut onait'N of that measure aud creates "a
strong presumption against it's constitutional
iiN. bnt tire right TO exercise concurrenily
with the federal government the power Of
establishing banking corporations. iSnot yet
dcnied 10 The stale governments by the tede-
raj authority, although il will not b. denied
thai 'hc beneficial exercise OF this r,ght by ihe
states rs greatly abridged il it will not he even
tuaily superseded, by the conflicting opera.
ton of ITS exercise by the general govern
ment. strong presumption" AT least,
arises therefore from the principles rPcogniz.
ed by the advocates of bank, against the
consiiiutionaiity Of the measure OF ITS mcor-
pOrStiOn.
The criterion OF most established aud fire.
qu"ni resort for determining the residence of
the respective powers OF the federal and state
authorities is tina, afforded BY the distinction
between such as are general, and those which
are local IN their Character, as respects the
geographical sphere OF their operation the
former bein. considered a. property reicIable
10 the federal, and the latter 10 the state gov
einments. II this criterion is 10 supply tie
resort tor decision in the instance Ut the con-
troveisy uuder discussion. there ought 10 lac
little difficulty, il is appreciated, IN eX.lad-
me the general government from the exercise
OF the powerin question, as Il bank, however
ITS iriiuenCe may be extended by artificial
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seem 10 be certainly local. az Iesi eCts the pro-
per sphere OF It's operation.
But the standard of all others the least liza
Bile to lallacy or exception. tor ascertaining
the reality OF the grant or reservation OF pow
er, Is That surnisheh by the result OF the euqnI-
ry, whether the pow Ell alleged TO be grant, d
is susceptible of exercise i'm q manner be-
nehciai to the supposed granting party, by
belng retained as lay being delegated Ii II be,
the inference is irresistible that the delegation
could never have been intended Tried by
tins standard the power of creating banking
establishment rs as uUquestiouably excluded
from the control of the general government as
~ Is u, the result ut every other 'ource of evil
uence winch has been explored aud oracle of
construction which has been Intercepted.
The unauthorized exercise, however, of the
power IN question Gas indeed would be the
case OF amy other single exercise OF pOwer) is
lar less important than the doctrine asserted
DN the Supiemc court in its vindicaton. IL
this d. ci'ine shonld ever succeed i'm obtaining
recognition. IL the porteatous claim should
ever be admitted, OF an unlimited control on
| the part OF the general government, over all
powers which may be IGuud available as con-
venicnt means III discharge OF its general
| trusts of power, no sasacity Is required 10
perCelNP that there rs an end to the supposed
restricted character of the grant OF power in
the constitution; and that this great bulwark,
| reared with such anxious Dor and relied ON
| with such earnest confidence, undermined BY
| the reptile spawn OF construction can no long
1
| arbitrary power Of such a consequence the
| General Assembly ofVirginia can never re-
main tame aud acqnescent spectator, rails
| ing no voice 10 announce, nor exerting any
! effort to avert il.
hesgired therefore, that this Assembly docs re-
| new the expression oil The opinion il has here
| tofore expressed that the government oi the
| United States Is invested with no rightfu au-
| thority TO grant charter of Incorporation TO
| Bank OF the United States.
ResOlrcd that this Assembly does eater its
| solemn protest against The assertion by or OH
| behalf of the government or any department
| of The government of the United States of 4
| right 10 the exercise of all powers, available "a,
| convenient means of execution oi It's declared
| powers, as doctrine Inconsistent with
| and its tendency subv; isive OF lie Irue cha.
| racter of the Federal Constitution
| Resoired, that the Governor be requested tC
| communicate copies OF the preceding pre-
| amble ana resolutions, to the executive authu
! rites of The several states, accompanied will
request that the same may be lad before theii
| respective Legislatures and that Copies he
| furnished TO each OF the Senator'S and repre
sentatiN' representing this state in the Con-
J gress of tue United States.