Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-07-19

National Bank, and thu, infectious oerpent cor
ruplion should coil around the cradle OF hi, fair infant
poison ills sweet breath, and turn the indignant frowns
OF the multitude upon il.
That formal proposition TO give to Congress Tho
power 10 incorporate National Bank directly ,s5
United the General Convention. and deliberately vod
down, is fact capable of distinct proof; and rests on
the recorded assertions of Of the emlDen,
members Of that conventional body.
In February 1901, Mr. Madison. in his able arpumep,
sgninst The United States Bank Bll-then It's pas,
sage through the House Of Representatives sa'd "he
had always denied The authority of Congress pass such
bill lie entertained This opinion from the date Of
the Constitution And HE Impressions were the stronger
because he wtu ree0ected that poerfo grant Charters
IF incorporation had been proposed in the General Con
ren,ion and reecfed.
Now for matter of fact-for distinct substantive
historical truth, what higher authority be needlu
than this
In February, 1871, Mr. Jefferson gave to PresiIen.
Washington his written official opinion agains, the con-
s,tutionalily Of the United States Bank; and stated
that 1.-The very power then proposed in the Bank bill as
means rejected end, by the Convention that
formed the Constitution proposition was made 10
the Convention TO authorize Congress TO open canals.
and amendatory one, TO empower them TO incorporate
But the whole was rejected.
Mr. Jefferson not only recanted this opinion
hut cherished firm, uniform and settled conviction in
the correctness of IT, up the latest period OF his life
His near and dearest relatives his confidential ,rt
death bed friends, Of IL! and his poslhumou,
! works make the assurance doubly sure.
when the Bank bill wos under discussion in the
House Of Representatives. (says Mr.. Jefferson Jnds.
! Wilson cume in, and standing by Baldwin Bald
win reminded him Of the following fact which passed in
the grand Convention. Among the enumerated powers
given 10 Congress- was one 10 erect corporations II
| was on debate, struck out Several particular powers
were then proposed Among Others Robert NorrI, pro-
posed 10 We Congress the power TO establish Na,or.
| Bank. GouverEeur Morris opposed il, observing han
was extremely doubtful whether the Constitution they
were framing could he passed at all by the Amer
| p,la hat IN Al haofr ha
should make it as palaobe possible and put nothing
into il very essential, which night up enemies
tina, he Robert Morrs) well knew that "a bank was IN
! their State (Pennsylvanis) the very wa'chwold Of
parly that bank had bee the great bone he
tween the parties Of The State from the establishment
of their Constitution having been erected pu, down and
erected again, as either party Pfedom'hasd that, there
fore to insert this power would virtually enlist ngaus,
| the whole instrument the whole OF the anti bank partr
! in Pennsylvania. Whereupon il rejected Wilson
agreed 10 the fact" [4lh Jefierson's Mem, 5OG.l
That Mr.. Jefferson thought The power 10 incorporate
! National Bank was plainly forbidden, and should ne
yer be conceded Congress- is obvious enough from
bis various correspondence, different periods n time
In letter which he wrote in 1903, TO Mr. GaIIalin
then Secretary of the Treasury, ne says: The S
Bank is an institution most deadly hostile to the prnc
| pies and form Of our Constitution. The nation is, at
this time strong and united in its sentiments that
cannot be shaken at this moment But suppose series
of untowad events should occur, sufficient to bring
| into doubt The competency OF a Republican Govern.
meet cfisls OF great n 10 thr
confidence of the people the pnbllc iunctioPares;
institution like this, penetrating by It's branches
par, of the Union, acting by command and IN phaIins
NAV, in q critical moment upset The Government |
deem Government safe which is under the vossaaee
of any sefconsltuied authorities or any other an,hn
rI,y Than that OF the nation What obstruction could
moi this Bank of the u. ) with all its branches b. in
time OF war? 1t might dictate TO US the peace should
| accepl.
The fact, therefore, tina, the Convention after rea
soned consideration Of the matter expressly refused
power 10 Congress to incorporate National Bank, vas
generally understood by the politicians OF The day; enc
was probably within The personal knowledge oil GeneIa!
| Hamilton himself, who was member OF The General!
Convention intimately conversant with Ills pr"cercnss,
and sudious every thing that related 10 bis
! iavorte PROJECT the National Bank.
But whether knowledge OF this important fact can
be established upon him no. IS only material to tue
I General 9 re- putaon public man. IL cannot con.
trover the certainty OF the fact, nor impair lis force
The question then formally raised and drbn'tt IN
the General Convention, shall the porer to nforp0r0
n National Bunk he gren TO the Congress ~ The 81
and decided in The negative Since then There has been
no conceivable constitutional enlargement OF the powers
\ Of Congress in relation 10 National Bank And ye'
in despite OF positive inconlroverli5e decision 10 The
negative have been employed 10 effect mat ihi.
rectly which could not be effected by any tar constu
tiona direct means The means employed 10 convert
this negative affirmative, and IN The process "i
conversion 10 Justify The Incorporation OF National
! Bank, present soec!sm in reason, phenomenon ~
politics, aud holiness in the asplIalions OF power.
! which, but for The Alien and Sedon Laws, would be
| without parallel in the history Of the IT,.
Ambition clogs the appetite it feeds; but daily
grows and feels increase of hunger from the s!mnIa'
ing alrment which il lives ill full grown tyranny
continually stealing from The people materials Tor The
horrid workbuds the iron cage OF despotIsm over The
liberties Of man.
It is not pretended, therefore, by the advocates Of
National Bank that the power TO incorporate such on
institution is expressly vested in the Congress OF he
u. S. The ptetenson would be idle. No ingenuity
however artfu sophls'ry however imposing. could
give the monstrous pretension even the colorado at
of fairness and truth. II is established clear,
doubted, relulable authorities that the attempt was
formally made in The General Convention 10 confer tia,
authority Congress, in express terms; and That aer
solemn argument and delIberailon IN tbe cunvenonal
body, the attempt totally failed.
But If il not soft the attempt had been
made STILL constitutional Government is one OF De-
fined and limited powers and was plainly intended 10
be SUCH we'll by the People as the States And even
without this positive and explicit refusal TO delegate to
Congress the power 10 incorporate National Bank, II
would be difficult TO find any provision in the Conslin
ton, any rational principle for The Interpretation OF
that instrument, that fairly Justify Congress in The
exercise of such power.
The anne ndments 10 the Constitution expressly de
clare, that the powers granted TO the Government shall
not be construed 10 dsparage the powers retained ant
that the powers not granted shall be considered and ad
Judged reserved 10 the States respectively, OF 10 lht
1; people.
| ''When the Constitution" says Mr.. Madison in his
Report on the Alien and Sedon Laws, "was unG'r
the discussion which preceded its ratification, II is well
known that great apprebensons were expressed by ma
ny, lest the omission Of some positive exec pton Ion
the powers delegated, Of certain rights, might expose
them to the danger Of being drawn by construction within
Of the powers vested in Congress; especially
of the power 10 make all laws necessary and proper or
carrying their other powers into execution. In repE
TO this objection pit invariably urged TO be Un.
damental land characteristic principle OF The Cons.
tuition, that all powers not given by it, reserved;
hat Pnu tnef
the Constitution, and such fairly incident TO
| them.
From this posture of the subject resulted the inter.
! estins question in many Of The Conventions, whe.
Their The doubts and dangers ascrbed to The Consltu'
,ion, should be removed by any amendments prfviors
The ratification be In that