Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-01-13

itseit ~ construction, nith a power, Under
Tue pretcAt ;hatit is Incident 10 one expressly
gwen. and eNef else il injuriously 10 the states
IN preference TO that competent Incidental
power, when might be iunOcentiy exercised,
ana tie exercise OF which AS an incidental
power convenient, and competent 10 ats end,
hdu been cOu>ecrdted bN the usage OF MA tons,
VITA out few, ana those unw waning exceptions,
throughout past ages. The territory aud the
people OF America belong 10 the states res
pecuveiy within whiCh they are. Each state
- the sovereign OF The people aud lie soil
within IT'S limits, as 40 all The Objects of intetiUr
sovereignty. The srIl, aud other taAaL;e sus-
lects WITHIN the states may he visited 10y The
hation, Tor the special purpose OF taxation, as
may Oe The people, on special occasions aud
lof special purposes. But the special rights OF
'he nation, as 10 either, IMPLY conciuaiv,iy the
general sovereignty aud pGOprietorshIp uf The
>taies as 10 both. Now in the case where one
man has d right of iugiess and rcgress Tor a
special purpose upon the lands OF another, the
law VIII con$t;aiu linn toeAercise the ii .ht ~
that, OF two, or more practicable modes
which shall be the least injurious to the pro-
prietor. Tie reason OF tins iuie must lie obvious
--ioi u the person possessing the right, ght
exercise II Ia any one mode, other than the one,
least injurious to the proprietor, he might exer-
cise u IN any, ~ every mode, the most injurious
10 the prOprte tor, To The destruction of his pro
prietary use oil the lands and hIs fee simple
therein. So IN the present. case, IT the nation
may adopt any mode of coll, citing aud trans
."'thbs hSI icNeuue, otHer tudn tldt, least III
FURIOUS, long used practicable mode, she NAV
adopt any, and every other, the most injurious
mode, 10 Tie utter prosiration of the states
where Is the liInii When sue has departed from
mat practicable mode, which is least injurious
10 The states May she not, as some govern
ments have done, farm her revenues that is,
sell out the revenue of the states for a sum i'm
gross, 10 be paid annually! Night il not be
thought convenient to do so, aud Invest the
vendee with The power of coiiec ting. and as
In sl..f.
sums; and might not the words ntceSslry aud
thorIty, at least, when taken, the former as
comparative word, and in iisurative sense
Inc care and Transmission of the revenue of
The nation IL now let 10 the Bank OF the United
States and IFS branches AT the price and upon
the terms contained IN its cliarter-miyht moi
the Banks 10y an extension OF the principle be
invested with the power, upon their purchase
Of the nations revenues of collecting II by
agents OF their own appointment Ii then The
uaton has not the power TO create Il located
Bank within the State OF Kentucky, and we
most solemn!y believe she does not possess
that power 1t follows that the state has
aiiSht 10 tax the Bank she has created
ana placed therein, as muSh as If II hid
Deen placed therein by France England In
eiiher OF the eases the Bank could exist within
Inc State but by Her permission. and that per
mission may be SraiuItous, or upon terms, al
her pleasure. But upon the suppOsiIIOn that
we are mistaken upon this pOini, and the ma
ton has right 10 create and locate this Bank
withh tins state, >, r. .'ains 10 enquire whether
the State may not tax ii capital stock
Opinion to be cOltiaUed.l