Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-10-30
TO TIE EDITOR or J,yYE =

From some publications which have lately appeared
in the Enquirer have been led 10 examine the ''prece
dents for and against the consttuonality Of the Bank
Of the u States Some Of these safe for the Bank
the greater part of these presidents very safe for tue
People In the prosecution of this enquiry, after balanc
ing in chronological order nearly my materials will
allow the prtccdentS Tor aud against have come across
some curious respecting this Bank, which have
been kept from the people until October, 1915
These had been published until after the decision
of the Supreme Court, in the of McCuloch against
the Stale of Maryland And, in presenting these
facts in the case, it will persuaded be matter
thy Of enquiry and Of most serious reflection, how far
these extraordinary and hitherto secret tucts, had they
been known al the time Of that decision, would not have
produced judgmcnt Of tie Supreme Cour. against Tie
constitutonaiity Of The Bank Of tic L. S And what is
OF infinitely greater importance, at M'S time, whether
these ne'o facts (new men" to the great body OF the
peope,) will not nO,0 have most powerful influence IN
settling the question in their minds and in the minds Of
many Of their public servants, to the power OF Con
gress to grant charter 10 this or any other body.
| After balancing the precedens, will then produce
these curious secres--not published to the people at
large until October 1919 and even since hen not pub.
| lished in the true sense oil tho word.
These facts will have strong influence in rerivng
for instrument drawn by the wiscst
heads and purest politicians that this country has
produced-l mean, the members of the Federal Conven
ton which framed the Constitution OF the U. Sand
will unquesonably have the tendency among the PeoPie
urge Of showing that the Federal Convention nercr
intended that Congress should exercise such power
And when all the persuasivcs and arguments used be
friends while inducing them TO adopt it, come 10 be ex
amned and coupled with The FACTS disclosed by the
journals Of the Federal Convention, not published until
after the decision Of the Supreme Court It will be diff
cult to believe, that had the Supreme Court been in pos
session of these facts, tic time Of the decision that
this celebrated decision would have been in favor OF the
power Of Congress 10 incorporate Bank-but directly
the reverse. And, 10 repeat what have said above,
what of infinitely greater importance, these nco facts,
(od should have said, but sly discosed) will have
the powerful influence the minds oil the people
at large in showing them, that the FcoPc Of the t. S.,
,ehcn they adapted their Constitution, dreamt that
power to create charter for q Bank, 10 be found
| in the paper proposed TO them for their adoption.
Before however, proceed to the facts themselves, let
! US look at the 'saie prcccdents:
| lat Presidents derived from The politicians of
! The political stage.
Cd Precsdenis derived from those now tic political
stage
! l. PEECEpESrs POLITICIANS NOW OFF THE STAGE.
Those Prcccdents safe for tic Bank
! LIST. Washington and Hamilton and small majority
enumerated powers Of Congress In The ability TO de-
errnine the consuonality Of law, there can he no
dispaagemcnt if say that Madison is, az least equal
to Washingon aud that Jefferson and Monroe are equal
TO Hamilton The difference between the ina or,y and
minority. when the Bank fist was incorporated small
indeed.
2diy We have the decisions Of the Judicial Power Of
the u S. in favor of The couslinonalIy OF the Bank;
and Of the power of Congress grant charters Of in
3dly In 1916 the bank was rccharered by Madison
who had oil his political life, up 10 the moment Of his
signature been constiuonay opposed TO the Bank OF
The U. s, and had been elected mainly for his manly
independence in separating from the great and good
| Washington, on this subject.
Here we have Madison, from 1871 up TO 1916, con.
stany and consliluonaIly opposed TO this power OF
granting charters 10 be weighed in the balance against
Madison in lSlG in favor. Meme, lcRe Iehe, CPhar.
sin!
Those Preeedsuts ehirh arc safe far the people OF large
! lst Jefferson, Madison, Monroe and large minority
Of Congress-Jcterson Washlngtons first Secretary
Of State, resigned mainly account Of the ncorpora
lion of the Bank of the u S. Madison made his great
speech against the right and power Of Congress TO excr
else this power OF interpretations and Monroe we see re-
turning iiom France minister and going into oppos
ton; These three old Virginia friends separating from
their old Virginia friend mainly on account OF the vital
stab given the Constitution Of the U. States in thus
increasing the powers of Congress. Placing themselves
on this basis they reached the Presidency The people
of the United States love Washington much. They
| love their Constitution No other proofs wanting
| than this short statement.
2dIy We have the decisions of the Judicial Power
of several of the States against the con.ullonay of
the Bank Of the u S.. and against the power OF the
| Congresssto grant any exclusive privileges
3dly. We have Jefferson opposed TO the bank on
| constitutional grounds. We the people eleciing
him We see The people again cleo, him. after he had
permitted The Bank TO expire If ! am wrong in say.
ing that he reelected by The people, after The exp
ration of the first charter, hope to be corrected Such
is my impression, aud have no materials TO test It's
accuracy.
4thly In 1911 we have the attempts 10 renew
the charter fail in Congress Tho whole history OF the
Republican party will justify the belief, that the belief
| Of its nationality forbad lis renewal
| 9th. Madsons constitutional scrupes were well
| known when he elected, by his great speech
against the power Of Congress 10 grant exclusive Prv
leges and when he went into opposition OF ASKING m
on this ground by his famous resnuons and letter oil IN
suclions TO Senators in 1900 for which he voted no
doubt by his continuing with Jefferson as his secretary
of State the bank charter had been refused IN lo
In imitation of Jefferson who resigned Secretary OF
State under Washington on account OF the charter, II
Madison was opposed TO the refusal 10 renew, he
ought to have followed that "Sgfe Precedent, when he
was Secretary of State: An example, which would
bay been we'll worthy Of imitation, when the doctrine
of "Satc Prccedcns first canonised by regular pro-
mitigation, from the chair OF State.
9th. Madison in 1873 vetoed the Bank Bill. Yes ne
was tyrant enough veto the Bank. Can this DC so
Yes verify
IN. Yet Madison in 1916 did sign the Bank Law
But let ever be remembered that in order to permit he
bill TO pass in the House of Representatives IN mat
House that ought speak the voice OF The People, some
of the members lift their seats TO permit te ut to pass
6f am wrong in this statement, MIR. Enquirer, please
correct me1 If these members had not finched from
their duty if they bad supported the Constitution OF the
U S according the best judgment with which Their
Creator had enducd them this incubus upon The oouy
polite most probably would never have been recharrreo
9Th On one occasion the attempt TO recheser faeu
by the casting vote of the usrous and Immortal Yin
on-whose words this occasion ought to be lnsclp.
ed in letters Of god put every door IN The Capi'1
and R[sT9d TO every IoP gd,or ni here em
"I cannot be doubted that Congress may pass all ne
cessay and proper laws for carrying into execution .e
mowers specifically granted TO the Government or oany
department. or officer thereof butt in doing So the means
must be suited and subordinate 10 The end The rover
to create corporations is not expressly granted II IS
high attribute of sovereignty; and in Its nature mol ac
cessoral or derivave by implication, but primary and
independent. cannot believe that this Interpretation
of the Constitution WILL in any degree, defeat the Pur'
noses for which it formed on the contrary, II does
sppear to me- that the opposite exposition has an neva
bic tendency consolidation, and just and serious