Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-03-25
Virginia Legislature.
OF MIR. SMITH, in Senate of Virgin

SihAst 1-Ss hshsuaNFe.
SPEECH OF MIR. SMITH, IN Senate Of Virginia
{CoNCLuDEpl
Mr.. Chairman, l will conclude NV remarks on this
branch of the subject with general observa-
lions upon the history of Virginia Legislative reso-
lions. 1t is singular fact that resolutions were
ever adopted by her i'm opposition to any admins
tration measure, during the periods i'm which Wash
ington, Jefferson, Madison and Monroe presided
During The first Congress, Mir. Madison Introduced
bill which imposed taritfof duties foreign i'm
portaon, the preamble of which rectes that il il
among other objects, intended to support domestic
manufactures. In 1916 and 1924, like bill is pass
ed. MIR. Jefferson during his administration made
the purchase of Louisiana, which on constitutional
grounds is more questionable than any measure
which has ever received the sanction of any admit
nistration. In 1915 and 'I6 Congress pass a bank
bill, and Mr. Madison approves it in 1916.
Look at other iimes.-The famous resolutions of
l19S, and the argument of 1899. Then, us in 1926
the scepre had passed To distinguished men on the
north side of the Potomac. In the winter of 1895
d, commenced that grand series of theore,ic resou-
tons, which continued from year to year. and waxed
stronger and stronger, until the State was led to tie
very brink Of Notification. South Carolina taking
up the subject where Virginia had left ia, plunged
into the very abyss. need not state the result-it
is too fresh in the recollection of all. In 1911 the
party in power ressts the charter and Virginia re-
solves against it. In 1876 the Bank is chartered Inv
Mr.. Madison and the party in power, and Virginia.
not only does not resolve against il, but by her
agents. susainsit it. In 1902 Mr.. Jefferson had some
difficulty IN executing decision of the Supreme
Court, and Virginia came to his aid with her fvo-
rite weapon, resolutions. BY strange iniatuatiou
these resolutions of 1909 reversed by the reso-
lulions of 1929. Do not pray you, involve the
State in further difficulties, by conflicting resolutions
The honor and consistency of the State is Decessn
ry intrused to our bands-Let us be faithful and if
we cannot correct the folcs of former IepisIn-
lures, we should, at least not involve the State i'm
further embarassments.
Permit me, MIR. Chairman, to say a word ia via
llntIn fAtsr Il,
pressed my belefin the consrifutioDaHy orfbe bank
am entitled in the opinion of gentlemen n mem
bersllip in the black cockade party Whether the
party deservedy odious il is not material TO de-
termine-it was used in that sense-for myself
claim to he n republican. Born of republican, pa-
rents IN old Rockingham, the cradle of Democracy
1 was deeply imbned in early life, with an ardent
love Tor the Union and the institutions Of ray coun-
try. Ill am to be thrown out of church and spurn-
ed from the altar by unhedged meSnbers who have
usurped the keys and the tablets aln proud of the
honor it affords me- Of being associated with Madi-
son, Crawford, Tucker, Peasants, Barbour and ma
ny others equally worthy and distinguished Ii nj.
fords me at the same time particular pleasure to he
able TO assure You, that your present resistance to
the Bank, associates you with company of which
you ought to be proud, the federasts of 1916, and
who were then known as gentlemen who cxultinglv
wore the black cockade. hope the association NAV
he blessed with your political regeneration for The
good of the country loudly calls for it.
MIR. Chairman-I will now proceed to the discus
the Bank is constutiona by fair interpretation Of
The Constitution ITSELF independent of legislative
executive or Judicial decisions.
The gentleman from Wythe, who argued this
question with ability and great ingenuity, urges the
position that the power To- make an incorporation is
OF necessity, n sovereign power, and that all soye-
reign powers must be expressed, and cannot be i'm
piled. lie at the same time admits that many pow
rrs OF the federal government are implied, but un-
dertakes to attach peculiar distinction of sovereign
fy TO particular powers Either my intellect is TOO
obtise to appreciate this discrimination. or none
such exists. Every legislative act, passed by au-
thorlty OF the Constitution of the United States
IS equally sovereign, whether the power be de-
rived from express or implied grams. The first
question is, Has the power been granted, and If
so, 1t is sovereign, whether il be expressed or i'm
piled? Our State Constitution gives no express
powers, but merely specifics those which VIC shall
not exercise, from which we deduce or im.,lv tbe
right to exercise all powers not so withheld Under
this implied power we have been granting incorpo
rations without number, and no one has doubled
constitutional authority to do so, because it is de-
rived by implication.
But the power to grant an incorporates is no.
thing more than an incident apperfaininp 10 sove-
regnty. TO what portion is il incident? Should the
entire sovereignty of the people be vested in the bo
dy which grants them, is it sufficient tbat n mr.
ton OF 1t shall be vested IL the former then
neither the States nor the General Government
could grant an act Of Incorporation because the pco
PIE nave conicssedly granted some sovereign power
eKHtIlIe-tlp
power 10 declare and carry on a war Then il nav
DC an incident OF portion of soyereigbty unless
we deny TIE right of State to imcorporatc-a posi
non 100 absurd to need refutation What portion
Look to England, whence we derive most oCour lsorr
ing with respect to corporations There tIe K;ng
q mere branch Of the sovereign power of tLe renI,,
grants them. The very ground on whicI, we stand
was originally derived from the crown of EnoIand
by charter. The Parliament, another l,roneb of
the sovereign power Of England, also grants incor
poratlons The General Government, it is moi do
med by any one, that have heard, have power ,o
grant interpretations for the District of COLUMBIA
IL mas never been denied that Congress had power
10 establish corporations in the Territories The
very governments which she establishes in them nre
the most exalted species of incorporations These
undened powers Of the Federal Government arc
not only implied, but derived from single grants ~
power in the Constitution 1t follows tLen tho, ,o
power to grant interpretations is incident IN n sin
gle power OF sovereignty, well as to aII or nnv
given portion Of it. " my
The Constitution itself declares the soyereiontv nc
me powers granted by the Constitution ms 1ls1 NJ
vi Jaws made IN pursuance of &C.; for they are ali
"d ny 1t to he the supreme law of the lanJ
Jew ofthe subject, ! conclude that an in
mo such peculiar character Of sove-
'or its creation requires an express
r, that il is nothing moro ,I,a,, -