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

I'VE W tAN hihtN Va uttdSuIt. A le
time has passed away when il eau be ne
order To prove the Importance OF this i'll
Slrumeni as Il means Ia effect the legiti-
mate objects Of The government.
But were IT'S necessity less apparent.
none can deny lis benz. an appropriate
measure and ii il is, the degree OF It's
necessity, as has been very Justly obSery-
ed, Is TO be discussed IN anoiher place.
Should CongrseS. IN the execution OF It's
poNerS, adopt measures which are pro-
hibneI by tie constitutions or sbould
Congress, under the preleNi Of executing
IT'S powers, pass laws tor the accomplish
heht OF objects moi entrusted 10 the go
.ernmcnt; II would become the painful
altS o. Tins tribunal, should case re-
curing such decision come before IT.,
10 gay thai such an act MAS not the iaw oil
me ld;Ei. But where line law IL not pro-
ilbiied, and Is really calculated TO effect
any OF ihe uDlrciS entrusted TO the 90
NeriliheDt, 10 undertake here To enquire
into ihe degree oi lis necessity, wUuid be
10 pass heiiue WHICH cIrCumscrlDss The
Judiciai department, and 10 Tread on ie-
Sisiailve ground. ihIs court dISciauBs
All professions TO such d power.
Aiter tniS declaration n can scarcely
DE necessary 10 say that lIe existence of
Sla'e BANKS can have 80 possible lntiu-
ehce on iiie question. No trace is 10 be
found IN the constitution OF all intention
10 create dependence of The govern
ment OF The union OH those OF the STATES.
for the execution OF the great pow ers as
Signed 10 II. Its means are adeqraie TO
It's ends; and on those means alone was
II expected TO rely for The accomplish
meni OF lis emds. 10 impose en- il
tlo necessity OF ge>Or;iug 10 means which
IL cannot contrOuI, winch another 20
Vernment may furnish or withhold.
would render IT'S course precarious. HE
result of lis measures uncerlan and ere
ale dependence on other governments
which might diSappoimt lis I.ost inpor
iant designs. and Is Incompatible willl the
iahSu"ge OF that constitution. But were
II otherwise, The choice of means implies
a right 10 choose a national bank IN pre-
ference 10 state banks, and Congress
alone can make the elections.
Alter the most deliberate consideration
IL is HE unanimous aud decided opinion
oil ihlS court that the act 10 incorporate.
ne Bank of the United States, is a law
'hane IN pursuance of the constitution,
and Is a part oi The supreme law of The
llu
The branches proceeding from The same
STOCK, ana beng conducive 10 ihe CON.
piete accomplishment OF the object. are
equally constitutional. 1t would have
Deeh unwiSe 10 locate them in the char
Ter, and 1t would be unnecessarily neon
Vehienl 10 employ the Legislative power
III making those subordinate arrange
hehis. He great duties OF The bank are
prescribed those duties require branch
es ana Inc bank itself may, we think,
oe Safely trusted with the selection of
places where those branches shall he Il a.
ca reservlnS always TO the government
me right TO require that Il branch shall
DC iocated where II may be deemed ne
cessary. Ii being the opinion of The
court that The act Incorporating the bank
Is constitutional and that the power of
establishing a branch in Tie state OF
Maryian might be properly exercised bv
the bank itself, we proceed 10 enauire-
,. Whether the Stale of MARYLAND NAV.
Without violating the constitution, tax
thai branch?
hat the power of taxation is one of
vital Importance that il is retained by
The states d; that IL is not abridged by the
grant OF slaiilar power To the govern
mem OF the union that it is To BE con
carrehiiy exercised by The two govern.
menis; are truths which have never been
denied. But, such IL the paramount cha
factef OF The constitution, that It's capa-
city 10 Withdraw any subject from The
action OF even this power, is admitted.
The states are expressly forbidden TO law
any duties on imports or exports, except
what may be absolutely necessary for
executing Their inspection laws. II the
Obligation o! thus prohibition must be
concedeh-li II may restrain a state from
the exercise OF lis taxing power on i'm
ports anu exports, the same paramount
character %ould seem to restrain * n
certainly may restrain, d state from such
other exercise OF tins power as is in It's
nature incompatible with, and reDugpant
TO the constitutional laws of the Ijnion
a law absolutely reppgnani to another as
entirely repeats that other, as ifexpress
terms OF repeal were used.
On lhis ground The counsel fort bank
place lis claim TO be exempted from The
power oil state 10 tax lis operations
ihcre Is no express PROV siou for the
ease, but Tie claim has been sustained ON
a principie which so entirely peryades
the constitution, is so iniermlxed with
The materials which compose if. so irler.
woven with IFS web. so blended with IFS
texture, as to be incapable of being Sc
paraied from II, without rending il into
sHreds.
This great principle is, that the con.
SiiiuilOn aud the laws made i'm pursuance
thereof, are supreme HAT thev control
the constitution and laws of the respec-
tive siales, and cannot be controlled by
theta. From this. Which may be almost
Termed an axiom, other propositions are
deduced as corIolaries, ON The truth ar
error OF winch, and on their aDplication
to this case, the cause has been supposed
TO depend. These are--lst, that a pow