Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-04-02
without hesitation pronounce that such
construction is inadmissbls

construction is inadmissble
The supreme court have remarked that
there may be cases in which . il would
become the painful duty OF that tribunal
10 say that an act Of Congress Was no:
the law OF the lanh." apprehens. his
can hardly ever be the case, where the act
is one which gives power 10 The federal
government. The latitude oftheir con-
struciion will render II unnecessary for
them to discharge duly so painful" 10
their feelings. Every dollar uf which
Congress authorizes the expenditure, and
every power which they assume, viii
contribute lii some way or other" "a pro-
mole the general welfare" or al ieas, will
be an useful, or convenient instrument,
or Will - conduce TO" some good end
which they may have in vicw. Congress
too, are the sole judges of HE necessity,
That Is, The convenience of aay imsir,.-
neDt, an,ito a,tempiio control their dis
erection, would be treating on legislative
ground.
The safety Of the staies will be found
IN their own iirmuess, their own yiui-
lam e, aud their Own wisdom.
| viii maxi no remarks OF the second
question decided by The supreme court.
II the Bank law be constitutional, or II
n be acquiesred III as such, it seems TO
follow That the siaiss cannot forbid The
establishment OF one in their territory,
nor cxpelit; and | think T.. conclusion
drawn by the court Is at least feasible,
that cannot he taxed The same course
OF reasoning however, which would prove
that The states cannot tax The bank, or
other institutions established by Con-
gress, would also prove that the Congress
cannot tax the banks or other institutions
established by the states.
The principal satisfactory reason WHY
The states cannot tax an Institution Of tie
United States Is, that the power of iaxa-
ton involves The power OF destruction
and thai zone government has not rig i
" 10 pull down, where there is al acknow-
" ledse,i right in another 10 build up
nor right III one government 10 des-
:" troy where there is Il right in another TO
preserve"
Now II is admitted that the states have
an undisputed right 10 incorporate com
panies for all purposes whatsoever. That
right is reserved 10 them i'm lis fullest
latitude. If the United States can lax
the operations OF state bank, or of a
canal company, or any other company
established by state, they may tax it so
high as 10 destroy II altogether; and il
would be impossible for any state insti-
imiiOn 10 continue lis operations without
the appreciation or permission of Con-
gress. Such a result would destroy the
sovereignty OF the states within that very
sphere in which il is admitted they may
act without control: il would render
them subordinate in every thing. II
then, the undisputed right Of the states
10 lay taxes be limited by the constitu-
tinnul rt,Iht nf ftnnarncc 10
institutions, such as custom houses, post
offices, the mint. Get necessarily fol-
lows that the right of Congress TO lay
taxes is also limited by the right of the
states 10 erect banking institutions, or
any other corporation. If the govern
rsents are Ia move OIL harmoniously, nei-
Tier ought TO attempt 10 pull down what
the other has right 10 build up. And
this duty is as Imperative OH the govern
meni OF the u. States, as il Is on those of
the several states.
I he conduct of our own state upon
the subj ct OF taxing The Bank of the
United States is worthy of praise. The
legislature of Virginia have always been
OF opinion that Congress had no right
to establish bank. They have remon-
siraied against the exercise of the DOW
err they instructed their senators To vote
against the measure, and most of our re-
representatives. have uniformly been oppo-
sed TO il. Yet in Virginia no tax has
been laid on the operations of the bank.
Her course is mere wise. When uncon-
stiiuiiOnal laws are passed, this state
calmly passes her resolutions To tha,
effect she endeavors TO convince the
public mind of the banelul effects of
usurped powers she endeavors to unite
and combine the moral force of the states
against usurpaiion, and sheDeverwill en-
ploy force 10 support her doctrines, till
other measures have entirely failed. Nav
this continue 10 be her policy, and may
| the other states follow her example |! /
do most ardently hope that this decision
ofiie supreme court will attract theatten-
lion OF the state legislatures, and that
Virginia will, as heretofore, do her duly.
- AMPHICTYON.
.Ou this proposition however have not
bestowed much rejection, and should be clad
10 the arguments of the counsel for the
State of Maryland on it.