Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-08-23

tnti.Tad
aud would not be dissensd from lsh ly, bu cay when
exp.ri-nee might prove that IL was caleutatsd 10
produce evil. Thi, proposition should no, be
tolerated; because Il tie wo d. o. the Con tvtou
doubtfos, and hreicr- doubts are enersiued VII ,her
the power proposed 10 be exer.i ed be granted that
itse ought 10 deero ns absciu ely sgsinst ,be
es Of the p,wsr. and u net %
pretext Tor The exercise OF the powkr
Now. however, the dacrine 4. pu hid sui farther.
L,ok 70 the history Of Inc 6t.' TX law aad w'ii b.
found that the opponeDt. OF tha law totally denied all
power 10 Congress 10 grsui the cbar,c They did no
consider II doubtful qn STOP IA, pe,f:c'ly clear iha
| no such power was gtanei. They ius ted ,ha IL hs
power wa. exercised ana held 10 be rsi inae ,here
wa' no st,ppng ron; 'ha wide oSr for me exert
81 implied powers was op d, and Corgres' nigh, 90.
YER the whole field OF eg,sia,i,u thai eIupsra'ed
power could jn''iiy The act, and u tolerated on he
ground that a. wa convenient or fui ips,rumeb
10 es,rying into efes any enumerated power, h pow.
ers OIL tn. Federal u yernns would I've ni q only
~ s discretion will, an,i 'buj limited Con,tu
ton W; uli bs converted into un'iIni ed one.-Bu'
the law passed. and WIS CART iu,o eH.ct un.l III
-Id o' he time limited Tor It's dura i'm. whou, OPPOSE
'ioo, fsr reasons men toned by NJ r.ou Ia letter
hereinafter re erred TO. Then fort was made 70
pose, AMI was jseied on The groand that Csnvres.
had no the Ccnsu,u'iscaf 10 c.srier Brk
The BnLk ceased TO ext and severI years p,,s.d by
wi;hon an aterHp, TO renew the charter Ia 1914. q
bill eg ain brought in 10 establish b ,nt, aud pa,
s,d, bu was rtj4cted by The Presdsn, Aher he war
when The currency OF h country war murh fersrg.d,
the suit CT was sgrn broush up, and in 1917 bill
passed bo'h Houses, which received h= ,anc ion o
The es.dsnt g ho had rejected he bill in 1914 and az
member OF the II 'nse o. Rep eisn,a iv.i nad. VIII.
| the bill Tor CT arieriug Tho Old B,ak was =, ndins
! htwn clearly 'h, h piwsr csuld not be exercised
hui under lAi'uds OF rcns'ruc ion witch would
der tie Glvernmen uDl mi,rd. Il ia raid that
his approval nf the ls' Law warranted by tbe hrs
pr ceicni, end The stquescsuse Of the people under
lax ,ins' r,is II behocves evety man who contends
that The Government IL a limited Gov. rnpeoi, 10 raise
biz voice and Avund the alarm 10 his countryHs". Ls
this be established and ihs parchm may
bs burn'--We shall in effect havs Cons'itu /; u.
Congress viii give hurdle OF pieceients for
rom
,roioa Congress-, hy win control and m Ike aud un.
make b. Constitution according to IN discretion Of he
whiS or Tory party, as the the other shall be
prefcminsn' II ,ben. !, is de siratls Ill adNi, TIA
he e ,ns,itun.t shouIi be OK ID aid known how can
q 20 reasonably in.'std 'ha prececen shall have
he force OF jns,iiying rep ton OF the same t.
give certainly TO The Constitution, are ADOPT ,he
authority Of prseedsns when i,is eppareu, that this
principle be acted upon, .hs Consiiiu jr far from
being sn.w finc uate continually; IN ,.bpe " in
he ser'aa but his, "tia, IL Will not be hs same ir-
,run eat any two yesr' 10 succession, 20 log the
Government exi''s"--u'urpa iol after u.npaoo wilt
continually change lie Consli poa, AID make i,
what the peops wilsd IL 20 n. hui new Government
" i he ers a,ed d;rscily against the will o. temsny
by the few ~ho ought % have heen The servant. and
| to have obeyci the Consii,u ioa
Fl nee preredsn,s, i.~h.ch all ,he Dsparne ais o.
The Glvetnmeutt ave con.urrel, ogh not an .ase
1, prevail over the Con itutioa. and hey may
have been mu plisi, still shoud slwsss recnr &c
the inslrumsD, 10 est he o. bs admin raivs su-
y tiiy thereby, and they in vost on Of il, rea,
Iie'n az he's o. usnfpa oo, restore the majesty of thu
C5nriuton. aud abolish The precedent A lulil tba,
be ihfea Departments ~ the Gov .fnment concsrred
~ the pninn ha the C1ugrefs had The iy 10 s:ar
ter ihe Did Back; hi, the law, whi n wa. ,.muorarv.
rad been subminedio, and hat The nj had hes
adopted wi.h out crespng any dssat.sson o. p,s-
ton. ct that could no. have enl eyed ih th
Congresa, or gle n 20 them h- right of sharieying
Oew Ii nk when The 70 xp.red even II The
great p'neip's Of libery wers MOI nve'vsd 10 The
rsits OF ,he power, spd no mpor,an, rig vic
laed by IL. But when tse great pine pies of Hbsrsy
are involved, in P'Fisu rich, Of he States vio e.d
ihs cedent opposed by tppo lie sions OF tha l.
A ~ -.
soun'ry 'gho loudly sonpainsd OF IL al The ,im as.
oevsr ceased 10 complain un u tie law expired ant
,ten by th lie ex4rii defeated ones pro
pc iiions 20 rrbart-r B.nk il appears to he uitsT-
iy UNIV arrau,able - Il w ,he lsAsi weight tuch
I In ths question great principles OF liberty were
deeply Involved since IL concerned the partition or dis
tribuhon OF important powers between The State and
Federal Governments; and need not stop shew that
on the proper distribution of powers between the two
sells OF Governments our liberties mainly depend since
at the adoption OF the Constitution with The great
bulk of the people OF the United States this proposton
is held 10 be perfectly clear. The grounds on which
this power exercised, would lead 10 the exercise of
unlimited power and thereby in the end. deprive ,he
states OF all their giiina;e authority. The right 10
regulate the domestic oil the Sta ca was as
sumed to great extent without any grant 10 that end
in the Constitution, and hence important rights of The
States violated whilst precedent was set for the
violation OF all their remaining rights and powers II
is wei known, that violent opposition 10 the old Rank
Law made on the floor OF ongress by many of
the most infeg mt members ia the House, and that
Mr.. Madison distinguished himself in the opposition
congress
no such power by the Constitution but demonstrated
that the principles assumed in publication Of the biI
would subyert the Constitu ion and render the Co
vernment Unlimited Two of the heads of deparf
ments concurred with Mr. Madison in opinion, and Mr.
Jeferson's official opinion the very question. demon
straies il to he not only gross but most dangerous
usurpaton utterly subversive of the fundamental laws
of the States twas warmly opposed also in the
Senate, and is fact notorious any other well
established historical TACT that the grea body Of the
wings in the United States very much dissatisfied
and never ceased to complain long the law coniin
ed in force And as has been before said the Con
gress rejected the bill wing the charter OF the Bank
Of the United states, and the authority of Mr.. JEFF
fcrson, In letter 10 Mr.. Eppes member OF the Sc
nate published in his memoirs under date of the 9th
day OF November, 1913, (G) and from various ether
circumstances, entirely persuaded that the great
ground opposition was, that the Congress had no such
power under the Constitution. The Legislature of
Virginia requested her representatives. and instructed
her Senators 10 vote against the bill on the precise
ground that il unconstitutional, notwithstanding
which of them voted for il. The ssme thing was
done by Pennsylvania and every where the TX Of the
Republicans denounced the Unconstitutional
In addition, In 1914, bill which brought in 10 char
ter bank was rejected by the veto OF Mr. NJ alison
II precedent could he relied upon in any case, TO
fix the ructon Of the Constitution, surely such
precedent is relied on TO justify tc charter
the present bank, ought TO have weight whatever.
TO concede that Legislative preceden's can
fix the construction of the Constitution as judicial pre-
tribunal such precedent this was cited in the con
struciion Of law, il would not weigh a leather but
| would be rilicued by every lawyer
| In oaffr