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

xpre among the powers ito lay taxes, 10 provide
tn, General welfare Of the U. s !" Ito borrow mo.
'V' - Ierula,e with foreign nations nor
nhs GENERAL phrase, ITO make all laws necessary and
u, Tor carrying into execution the enumerated pow
for, those powers can all be carried into execu.
i'o (sa,d he) the foundation Of the Consttu.
s laid on this gound that oil powers not delegated
W hs n By the Constitution, prohibited by it to
a. States are reserved to the States or TO the people
4, single step beyond The boundaries thus speci
ry drawn around the powers of Congress, is TO take
..s.sion of boundless field of power, longer
eesc,ble of any dehn'ii"n
rGmund Randolph then Attorney General Of the u
aid that in every aspect under which he could view
,,,,io Incorporate the Bank of the u s no was bound
- declare his opinion against its eonsti,utona,y
II The argument which Mr. Madison delivered in the
unnse Of representatives., in 1891, sgans, the U. s..
Rank he fatty denied Inc power OF Congress TO lncor-
,n-se iha, institution
The power. said he to incorporate Bank be
,dsred accessory subaern power, TO be deduced
:; medication as means of executing another power.
a. - in its nature. distinct, AID independent, and SUBJ
n,;al prernga,ire which, not beng enumerated in the
,ns,iu,ion could never have been meant 10 be incud.
4 in IL and, not being included, could never be right
,uly exercised
s. the bill condemned by the silence Of the Consti
,,on was condemned by the rule of Interpretation,
.i.;ng out Of the Constitution; was condemned BY its
ndencv 10 destroy the main characteristics of the Con-
u,;on was condemned BY the exposition Of the friends
: me Constitution, while depending before the public
condemned by the apparent intentions Of the parties
hch ratified the Constitution; was condemnedsby the
! e,nl,na,ory amendments proposed by Congress them
siv,s 10 the Constitutions; and he hoped the bill would
s,csiye lis final condemnation "
In ms second speech against the Bank BILL he said
she powers proposed to be given such do not
ct sn,ecedent 10 The existence Of the coporaton these
,xes are very extensive in their nature, and which
principle of perpetuity may be annexed The power
Il granting charters great and important power and
,up, moi 10 be exercised without we find ourselves
nessy authorised 10 grant them Incorporated societies
,,s powerful machine which has always been found
,cmpeen effect objects principles in great mea
sure independent OF the people.
He argued against the influence OF the precedent
he established BY the bill; for, though it has been said,
bs, the charter be granted only for Of years.
70, he commended that granting the powers or any prin
.pe is granting them IN perpetuuR- assuming this
rsh, on the part Of the Government involves the
Sumption Of every power whatever"
But, notwithstanding the wisdom Of this irrefutable
reasoning, the Bank bill OF 1871 incorporated; and
continued unmpeded for twenty yeaIs-at the
expiration Of which time not only the old and dangerous
grounds which the charter originally obtained,
!r The force of precedent and Of time also relied
an the Jealous advocates OF renewal OF the charter
n ISL
While the charter of 1871 iasted-whie this obec.
nsbe institution continued under color Of authority
md he forms Of the Constitutions the Republicans sub
r,sd with patriotic grace But after the questioned
md Questionable charter had expired by it's mi,e
In The Republicans could perceive no reason why
sr 10 whose auspices its revival vas commended, and
.uhou whose sanction il could not be revived should
Be- precluded from the common right, which their an.
,ors asserted and exercised, 10 scrutnze the charac-
Ter aud tendency of this dangerous msasure OF State
Among Inc public men who, in 1911, advocated the
sh, and duty of the people con,rover the power Of
The General Government to incorporate a National
Bsnk and who wholly denied and repudiaed the au
hvi,y o precedens ia The consideration Of constitu
,unsI question, The Hon. Henry Clay must be promi
nsn,y placed
Wblp then in the Senate of the u S. he said athis
v,usn, power to erect Bank after having wandered
,,roughou, the whole Constitution in quest of some
cnqrna spo, wheeon 10 asten, has at length been 10
CARD by the gentleman from Georgia that provision
which authorizes Congress to lay and collect taxes, DC
In l7gl The power referred TO one part Ut the Con
slu"n; in lcl, 10 another Sometimes u 10 alleged
be drducbie from The power to regulate commerce.
Hard pressed there disappears and shows itself IN
DER ,ha grant L, coin money. The ssgacous Secretary
Of he Treasury 1871, pursued the wisest course
h. has aken shelter behind general high sounding and
i mp,sing terms He has declared in The preamble OF
rh- act establishing The Bank that it will be very con-
! tacyp 10 The successful conducting Of the National Fl.
nsncss will lend to give facility TO the obtaining Of
4 loans; and viii be productive OF considerable advantage
10 trade and industry generally No aliusion IS made TO
The COLLECTION loans What is the nature ut tins Go
yernmPn. It IS emphatically Federal: vested with
sggegae specified powers for general purposes, con
ceded by existing soveregnties, who have themselves
retained what ID not conceded
1.-The powero charter companies IS mol specihed IN the
graft and Of not transferable by mere im
pNca,un II is Of the most exalted attributes OF
sovereignty 10 the esercise of this gigantic power,
q W have East India Company created, when
has carried dsmay desoatIon and deaih throughout one
Ct The argse. portions Of the hsbiiable globe com
psny which is itself sovereignty; which has subver'ed
empires and set up new tynasties; and has not only
made war, but against its legitimate sovereign
Under the ufurnce OF this power We nave seen
South Sea Company and Mississippi Company ARISE,
that distracted and convulsed all Euspe; and mebaced
total overthrow Of oil credit and confidence, and uni
ysrsa bankruptcy. Is. it TO be imagn that power
vast would have been le by the wisdom oil the 90
si,u,ion to doubtful inference.
when gentlemen" said Mr. Clay, "sttemPt to carry
THIS measure through the Senate on the ground oil &C
qscsnce ard precedent do they forget that We are not
IN Westminster HALF In Courts Of Justice, the utility
Of uniformity Of decision exacls Of the Judge contor
NIFTY 10 The adjudication Of his predecessor In the IN
,tiPrela!ion and administration of The law this Prac
ice is wise and proper; and without ii, every thing
c'pending the caprice Of the Judge, We should have
no security for deareet rights. 1t is far otherwise
when applied TO the source Of legislation. Here, no
rule exists but The Constitution; and to egls'ae upon
m ground merely that our predecessors ,hooght mem
ses authorised, under similar circumstances, 10 ie
gsa'e to anc,y error and 10 perPetuate usurPatlon
Inc doctrine Of preceden,s when applied to the Legs
Iature appears to TO be raught with the most mis-
ehevous consequences The great advantage OF our
system OF government all others, Is, that we nave
w'len Constitution defining its limits, and prescrb-
ing It's authorities and that however, for tme faction
nsy cohvuIse the nation, and passion ana parry p'eJu
oce sway It's unctionaries, the season OF renecon VIII
itcu when calmly reracing their deeds, all aoerfaoh
from fundamental principles will be corrected. But
once substitute practice for princpe the exposons OF
Inc Constitution for The text Of that instrument, and IN
VAN shall We look for the Constitution in the instrument
Nselt II will be dffused and intangible as The pre-
tended Constitution of England And ], must be sought
for the statute book in The fugitive journals OF Con
gess and in reports of the Secretary Of the Treasury
"hat would be condition, if were TO take the IN
corporations given 10 that sacred book, which IS, or
onght 10 be- The criterion of faith, for the book se
we should find the Holy Bible buried beneath the inter
pe'shons, CLOSES and comments of councils synoos'
dearned dvines which have produced sworms OF INTO
ssnt and furious sects partaking less OF the mldness
md neekness of their origin than Of vindctive spirit
hostility towards each other. They ought to afford
Gasau'ary warning to make the Constitution which
SshaVe sworn to support, our invariable guide :,
IN ieO6, when the proposition 10 re charter the ma
Honal Bank was before Conpress John Randolph oppos.