Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-12-03

ann Wis HpL InGlueHl 10 titiST oil these
grants.
;" c"niid'm, was Mr. Madison, tha, CONGRESS Jul
'' possess 'sr power rs 4 result from III" power OF ex.
''">''f iesis!afi"n n The District, that he dad not con.
- maxi any allnsinn TO il. lie enumerated the
c''''S'' 81 Inc Constitution, from which he thought
'ie Trend, "i u Bank could pptisnd 10 derive The mower.
anu We have seen that the power of COMPRESS oyer .bp
Disinct is excluded ia the enumeration. The omission
IL inli of meaning.
vi. ames replied 10 Mr.. Madison in n LENGTHY spec H.
aIirs rhacayGred 10 prove, that the power In in.
coTPor tie a Hank Was implied ay several grants ri. ,or.
rr. aud among others, hy ih- power Of exclusive j,u,s.
ia'ion over the District. lie SAID, .Conrress nay cy.
'fci7c exclusive legislation, III all Cases whatsoever.
over the ten inilcs square, aud the places coded BIZ N.
States for aFsruals, lighi houses, docks. Ne. and II
COURSE u may ESTABLISH I Bank, III those places, with
corporate powers. II, instead Of principles, IL Concerns
WV places, what objection ~ there 10 the constitution.
i'"n'h"ri'y OF Congress to fS the Bank at Sandy Hook
OF ,.e''y Island, where we have light houses. and n
riSht Oh Sclnsrre l-glslatlon:' This is nearly the
m"o.e VI u" argument, ii argument il can be called.
~. VI, aower, and it is obvious from the brief
-, III "hic' he alluded 10 it, that Mr.. Ames did
not rely much upo. ,his around Of defence e.. H.. 49,
adjustment III the BIZ "Ss'
:. sa' VI n'iicihs rs branch Of MIR. Ames' mr..
IL ia s'., ~ WIS ass,"ishrd at the doctrine. II,
wnnld be equally Reasonable - Ma, -.
cause, within her own dominic. and o.a. !. e
property, she exercised exclusive lie '.,;an ~, :"
she had n right to l%egislalc for The wo; "'' y '""' "ehce
In the same debate, Mr.. Giles SAID, "lo .
Jurisdiction over the len miles square has bt I u.s.
10 By one gentleman Mr.. Amesl as "a spccifi, a'Nri,ed
riry, 10 which the one commended Tor, il suracsic,."' 'Io
incidental. lie has reasoned in this manner: Cone. $
possesses jurisdiction over the ten miles square, &c
Congress may, therefore, establish u Bank within The
ten miles square; aud, rs principle Is not Applicant,
10 place, Congress may exercise the same authority any
where else. This seems 10 me 10 be- an ingenious i'm
prcvrmcnt upon sophistical deduction. The gentle
man. however, should have reflected, that the 9roan,
upon which he built Tie right 10 exercise this nutliori
". was that Of exclusive jurisdiction: wiiIant tins, tin
basis Of his argument !nils, aud the s. pcfstfuc!urr, low
eyer beautiful, mus, follow; for. The primer t., Il :, Al
drduc,bie ltnn. tha, source, IS expressly confined 4
place. aud cannn, operate nryond IT," (Sec Doc. liz
tory Of Bank L. 5. p ~
have refe rrrd 10 the Cabinet opinions Of f.dWun,
X ~!Edolph and Thomas Jefferson, the Altorney-G Genera
and Secretary Of State. under Gen. Washington. Mr.
Randolph and Mr.. Jefferson examined and discussed The
various grounds upon which the advocates of lhe Bank
relied, and although they must have been aware thai
Fisher Ames had con,cnded for the power to create
Bank under the authority Of the Federal Government
over the District OF Columbia, these distinguished gen
ilcHirn treated Mr.. .Amcs' opinions with silent con
tempt. Even Alexander Hamilton in las lengthy ca.
binct opinion covering eighteen pages ct an octave
volume, gives a passing notice only I" Mr. Ames con.
ceit, and did not III my opinion concur IN Tie doctrine
advanced hy Mr. Anes.
'Snrely, SAID Hamilton, al can never b. believed,
that Congress, with exclusive power Of legislation, III
all cases whatsoe yer, cannot erect 4 corporation WITHIN
The Dis;rIc, which sh1l become the seat Of Govern
ment, far Me toR6r rtnaiatioD NJ its poiice; and yet
there is an unqualified denial Of the power 10 erect
corporations, In trrry case, on the part both OF the Sc
creiary Of State, and OF the Attorney General la
milton then contended. that under the POKER of exclu-
size legislation over the ten miles square, Congress
could erect, not a .raticaal Bank, to operate over the
Union, but a Bank for District purposes, or a corpora
t,on l.f,r RI. L.Urr rcuui1f;.D nj rs t,nEr, -
The power granted IN the Federal Government over
the len miles square was never intended 10 he uniinmt-
ed, but SIMPLY exclusive. The Constitution IL The L.
:. prohibits Virginia aud Maryland from l".isia!'n.
over the district; N other words, their legislation i
excluded, and whatever legislative authority can con.
sli,u.iorally be cxrrled over tic District a~ppsrta.ns %
Congress. This body possesses exclusive legislative
power over The District. For all purposes W. For
all constituiional purposes and no others. he CITIZENS
of the Dis,ric, have not forfeited their CLAIMS 10 the
protection Of the Government, because they happen I"
reside within the Ten miles square. Congress cannot
transcend the limits of the Constitution within the Dis
trci, any more than in the States. Can Congress take
away the trial by jury in the District OF Columoia> sup
press The liberty Of speech put down the press: or eS-
iaL.isl = national church, or take away private pro-
perry for public use without lust compensation II
canna, ID either. Nor has Congress constitutional All
,hori,y Ia REQUIRE excessive bal, irpcse excessive iines
or inlet cruel and rnIsga, punisiments wiilnn The
District There can he 10 greater ihiiacy than the
doctrine, winch | appreiend Is becoming prevalent III
certain q.aFtcr-. that tho poser Of The Fedora! io'ern-
lnent over lie District - imit,a only ~ ,ir discretion
Of Congress. ccu5; very much whether Congress
can cons,i,uiionallv create a Bank III the District Tor
any purposes whatsoever; and AM decidedly oi the
opinion. that il cannot establish q National Bank there
or else w,,hou, nsurpation CT power or an amend
ment OF the Constitution. If Congress can create any
Bank in The District, il must BE- only II iocdt Bunk, de-
SIGNED 10 advance me cnminPrclai Interests Of The c,iI-
7cns. and destitute OF all the elements ot naiiJhdfiy
Congress cannot establish a Bank in the District and
10 his RdRh the power 81 iofaftrH brancaes IN
ima several STATES upon any terms. The iramsrs at The
Constitution never contemplate, tha, the who.c mon
siinuli lie governed by yIrtnc al the i06ai p"F:r dele
Gated 10 Congress over line District Of Columbia.
: Dnrnr the Extra Session Of Congress, Mr.. Rive
delivered speech III liz Sanl:e, IN which he c"n'ended,
tba, under the power d ''cyclusive legislation over
The District, II vas within the constitutional authornS
of the Federal Government 10 establish Banks III 'hr
not only for local purposes, but tor "natinnal
Mr. Riycs, however, denies The power oil ION
oress 10 establish n National Bank in The States. Inc
authority of Congress over all the places reded ny inc
States. for the erection Of forts, magazines, arssnais,
dock wards, and other neediul buildings, 'scoextensi'e
,.;,h that possessed b. Congress over the District. AZ
cording, then. 10 Mr.. Ri.ess theory, th' Constitution
sbould be read in this way Congress sh"H hdrr Po'r'T
n ey,,bisa Il Bqak in The Distrirt ~ Cofnm6id T'f mn
f;o,,oj uses." anil FIR The His obilct, IN al PfneoS pr.
raased for taris, arSsaaiS, "G4f:!hfs, "ad ot"tf ntte-
mi h~uiidinr.. Tnis IS Tie l. -,iiaa;c result Of iIs m
,eror.tation IL lie powers Delegated 10 Congress over
the Ten miles square. II will puzzle The ingenuity OF
III. Riyrs 10 explain, shy Congress cannot under 'h'
no,er al "exclusive legislation &c, establish 4 Eank
r. un,,ioual uses ~ n fort, magazine, &c., a. con-
.,;,,,;nna,Iy rs within the District. Why did lie not
give the sane Interpretation % lie same w"fus' "he"
anpied 10 forts, &c, as when used III reference 10 'ie
D;,,rcts WHY b. q i,ti;udinaFian IN the beginning,
and a Unitarian in Tie conclusion Of The same sen