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

CNsslonS, tllat a reliance on the iutcrposal
OF the state legislatures, and lis efficacy
III arresiing the exercise of power un-
grated by the constitutional charter,
operated as apowerful inducement TO The
adoption of that instrument, in The con-
veniion OF severa. OF the states from whom
II received lis ratification.
On the subject of The right Of these bo-
dies 10 the exercise OF the office of inter
posal here insisted on, this Assembly
will offer no discussion. 1t is principle
ot The Interpretation OF contracts TOO vel!
established in practice as well as reason.
10 be made subject of question, that in
relation 10 that class Of them, adiailting
from the peculiarly of their character, OF
no resort TO tribunal superior 10 the au-
'horlly OF the parties, The parties them.
selves are invested with the right of iudg.
ing IN The last resort of their observance
or violation; and I'm the event Of their
supposed or apprehended infringement, of
interposirg Tor The correction or proven
hon OF that infringement. Nor is il pro-
position admitting OF any greater degree
oil controversy, II the union of ire Ameri.
can States be allowed 10 compose a fedr-
ranve compact, that ihe bodies represent.
ing their sovereign characters and capacI-
y must be regarded as constituting, If moi
Tie exclusive, yet as certainly compre
Bonded III the number of the parties TO
that compact. THIS conclusion eau be
resisted, tits manifest, 40 otherwise than
by denial OF the proposition which is its
basis, namely, the decorative character
| OF The national compact; which cha acier
OF this compact is equally established
from consideration OF lis original, as de-
rived from body deputed by the legsa-
MI fNf et.,s r.
OF The mode OF lis ratification, which was
b. conventions OF the states; from con-
sideratlon OF the source OF appointment
of It's departments Of authority, which i'm
relation 10 part of the legislature and 10
The executive, is devolvcd directly or in
directly on the state legislatures from a
consideration OF the form of its authority.
| which describes not the absolute nature
OF sovereign, but belongs TO The qualii-
| ed character of tederailve government.
| And finally, from consideration of the
positive composition of the instrument as
certalnIng this compact, in relation 10 The
very important element OF the liability TO
ana mode OF lis amendment, a power over
which is vested expressly IN the legisla
| lures W The states, uncontrolled and in q.
| comfortable by the departments of the
general authority.
| As II appears, therefore, 10 be the i'm
con'rOveriibIe right OF the legislatures of
! the states, from the relation which they
sustain TO the constitution of the union,
so II must be considered as their equally
obvious duty, from the interest they par
lax. I'm his preservation, and from The es-
peclal facility and advantages they pos.
sess at acting as its ceniiDels and guards.
TO exert faithful and vigilanf activity in
! proclaIming The approach of danger 10 il,
| or III opposing resistance to invasion, a>
| danger Is apprehemded, or invasion con
ceived TO have heen realised. Nor, il the
existence and influence of this duty, un -.
der any circumstances he admitted, ca
case be conceived claiming more impe-
ratively lis discharge, than one i'm which
| there has been concurrence of all the
| departments of federal authority, in af-
| firmlng the validity Of an act of one of
them, involving in its performance, AN
exercise of undelegaied power. Such has
been the concurrence IN relation 10 the
act of the Congress of 1he United States
! incorporating bank, and such is the
character OF The exercise of power uIvolv
ed In The passage OF thar act, in the opiu,
| ION OF this Assembly. A developemeni al
large OF The grounds Of this opinion in this
place, as 1t Is not required by the design,
| so IT would prove Inconsistent with the
limits prescribed TO the investigation now
proposed. Such part OF them il will be
necessary and proper, however, TO state,
| as are conceived 10 have more immedi.
ate application, in obviating the reason
| ings which have been adduced i'm suppori
| OF The opinion opposed TO that which is
here maintained, in the document which
| has led 10 the present exposition.
1t is not denied by The reasonlngs of
thelopInion under review, that The govern
| ment of the United States is one of emu.
merated powers. II is not denied that
as such, ii can rightluliy exercise ONLY
the powers granted 10 ii. Ii is moi denied
| that the power of establishing bank is
not to be found among the enumerated
powers. But u Is commended that there
are implied as we'll as expressed powers
involved IN Tie grant OF power in the
constitution; that such an implication is
the necessary result of the inevitable
structure and character of that insIru
ment that power OF Incorporation, and
consequently a power OF establishing
bank, is as fair subject of implication
as any other of the incidental powers
| exercised without censure or question by
the government of the United States :;
and HAT such 2 power is therefore TO be
reckOned among the number of the legi
Ultimate and proper powers, appertaning
Ia that government.
The grounds on the basis of which
this proposition is maintained, are, that
The government Of the Union as result
OF MS general character and operation,
no less than of the express provision OF
The constitution ed clause 9Th sect. is 10
be considered as supremein relation TO the
| objects specified in Tie constitution that
grant OF supreme power necessarily
involves the grant OF an unlimited dis
erection in the use OF all means conducive
to the attainment of lis proper objects :;
| thai power of GRAZING a cnrnnfafinn