Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-07-27
EnR 1HE E.NpELRER.
THE oFIscaL AGENT No. Ill


The first onestion which propose 10 discuss is, has
CONGRESS the Constitutional power 10 charter Ma.
,ional Bank, in any form or upon any principles:
propose the question in that bold simple ana c"hpre
he nsve form, which at once involves the whoe en-
auiry does this power exist: That the Constitution
Of the IT, s is system Of delegated powers Gy which
the Federal Government is to direct and within winch
1t is 10 conin. its action, proposition, which, una
gIne, statesman prepared to conlrorert or deny.
The authority .om which the Con tutinn eaanaed,
me express Reservation o all powers No. erair--i,
enumerated and the action Of the Federal Government
since the adoption Of the Constitution all prove
this. IL, then, this proposition he true, ana that IS
shall take for granted, il necessarily follows thut
ess the power to chartt. corporation be t1preSS,
granted in the Constitution, or II be ''ntrcSSGfg and
''proper" auxiliary to some one Of the expressly dele
gated powers, Congress has no such authority Has
this power been expressly delegated Congress hy the
Constitution: ! would most respectfully enquire of
the most latitudnous construconis-thc most fast
dlous friend Of National Bank, in what article,
tion, clause, part of clause, in the Constitution,
does the word corporation cccur is most remote.
ly alluded IL. would ask him, in what article, Sec
tion clause, part Of clause, Bank or any OF lis
kindred tribe is alluded TO II the most distant manner
boldly and fcarles>ly challenge contradiction,
that there Is none nay, not the most distant anson 10
any thing Of the kind When il was proposed in the
Convention TO mpart 10 Congress the power TO charter
corporations in its appropriate name, and IN form
which every body understood, the proposition was
promptly and decslvely rejected was any excep-
ton made in favor Of any class any description Of
corporations. How, then, in the face Of this fact,
any man have the boldness to contend, that such n
power expressly delegated: If this power exists, by
express grant, be found in that class Of powers
impaired to the Legislative department of the Govern
ment All the powers impaired to that department Of
the Government, are enumerated in the Sh section OF
the lst article Of the Constitution. The following
clauses contain all the fiscal and monied powers
ferred npon Cnngress-to wit:
"To lay aud collect taxes, duties, imposts and rx-
cises, TO pay the debts, and provide for the common
defence and general welfare Of the u. s. hut all dn
ties, imposts and excuses shall be uniform throughout
the u S.
"To borrow money on the credit Of the u. S.
"ro coin money! regulate the value thereof, and of
foreign con and Xix the standard Of weights and mea
sures.
ITO provide for the punishment Of corntcrfetng the
securities and current coin OF the U. s..
These all the enumerated powers of Congress
in relation /" money revenue, and in Of these
mist be fudd the power to charter Bank, if i, exists
al all No", according 10 that polar principle Of
erpretation, the intention Of the trainers Of the Con-
sitution and the PLAIN, simple, and ordinary import
of English words; which OF these clauses this
great and vital power be found, from which can il
by any rule Of Interpretation be deduced call for
an answer. Do not tell me that General Washington
sanctioned, that Mr.. Madison yielded, or tha, Mr.
Crawford iavoured such institution. Go 10 this
fount-ihls sacred iuunt OF pnwers-the Constitution,
and point Oh; from what part of this poisonous stream
flows The words to "iey and "eoiiect' taxes, &c. IL
"borrom money" 10 "con money. and rega'ote the
value thereof, certainly cannot, hy The most extreme
lberal..v ri interpretation, be construed 10 10
charter Bank with the powers Of issue and crcula
tiou or a corporation Of any kind. The words have
totally different meaning. If these words do not
part this power, they clearly do not what words,
sentence, part of sentence, taken slngly, coec
lively, make the slightest reference TO such instu
ton None whatever
A National Bank having capital, stockholders, and
the power of issue and circulation must under the
authority Of charter-for, unless 1t has one II has no
legal existence whatever If Congress, then has the
power to charter National ,naEk, II has the same
power TO charter any corporation of any description
whatever, and thus may mould this whole nation into
Of arstocratlc corporations, 10 the utter ruin Of
our free Institutions and the destruction of the liber-
ties of the people IL has lis hands all the materials
build mp the fearful dcspntism that
tyrannzed over ruined oppressed, and rnslaved
people. ask my coun;rymen OF all parties, those who
are Republicans in heart and sentiment, 10 take calm
and dispassonae view OF lie dangers 10 which they
about to expose themselves their institutions and
their liberties, BY the introduction Of this newborn
Monster this recent scheme If power and corrup-
ton which is about to be inter- :ted upon the Consli.
luton for third time This "nest and unpretendinr
ou, fiery dragon. should be s. A.ed in its BIRTH while
yet is in the power of,he and no, permitted to
opposition and overcome all stance /, is the parr
If wisdom, in Republican people, 20 meet and rppel
III dangers at the Threshold, and resist all nnoyat
upon their principles at the beginning.
The principle of construction by which the express
delegation of the power to charter National Bank, is
irrv J, is of the most fatal tendency 10 the per
nanency and supremacy of Ike Constitution which the
vii Of man ever devised. II sars the very foundations
# the Constitution and exposes it to all the conse.
luences Of whimsical and caPrcious legislation. 1t
v be the foot ball of party AM the play thing of
'ton. It can be moulded 10 suit the purposes of fac
ION, the demands of ava.ice ana the ends Of ambition
There is safety to free Institutions, or security to
e liberty and property, except in the moral and legal
supremacy Of Tue Constitution, and its inYioabilty