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

ven 10 Congress no authority to establish such an .nsti.
tniIon. They believe, moreover, tina. such an inslltu.
ton Is attended @:.h serious dangers, BY concentrating
III the hands "f 4 so:.le corporation, Il formidable mo.
nry"d power, winch imay 10 Gnrcted - purposes III.
grea, mischief, affecting hv;i the pecnniary pTusperlt,
and the liberties oi the county Bat 1t seems that
MIR. Rives has recently discovered, that these opinions
arc radically erroneous, and worlhy only Of the brain
Of some crazy Loco foco. did nu: purpose amr DIS.
cussiun OF tins gentleman's consistency, and ! there.
lore, must return 10 my subject.
II the Constitution authorizes the establishment al a
National Bank, the assent oil the States is wholly I'm
hecessarr-lf 1t does moi, such Assem-, cannot confer
The power, unless that assent be given in the moae nre.
scrlbed by the Constitution itself. That instrument,
SPECIFIES the cases in which he powers Of Congress or
the state Legislatures shall b. dependent upon caci!
other respectively. See Constitution L. :. tIt. l.
see. :, paragraph 10, and ari. |, SEC. 10, uaraprarh :.
and art. !, &c. ;, paragraph /. Where the Constltu.
ton - silent, The consen, Of neither can contribute
any thing towards :!c power claimed.
Il is the doctrine 81 the 9Th Article Of The Federal
Constitution, that Congress cannot part with, nor The
States take away, nor either add 10 the powers Of the
constitution, but ny the consent Of the Legislatures or
Conventions Of lhree-fourtlis of the States. That
consent IS without any effect, unless Congress has pro.
posed through a majority Of two-thirds OF each House
TO have conferred such powers; or a Convention called
al the instance oil two.thirds Of The States must have
made the like proposal. And these proposals could
have no effect, until ratified by three fourtlss Of the
States.
Suppose that Congress we're to establish in the Dis.
"et BANK Tor national uses, and authorize 1t |, To-
cafe a Branch III Richmond with the asscn Of the State
HOW IS the assent Of \ Virginia 10 h. manifested The
answer probably would be, that Tie LEGISLATURE was
authorized to grant tins assent. When did The Legs.
at"fe "i Virginia obtain the power 10 barter away the
fes'ffIa H2h;s .! the Commonwealth Arc State Con.
stiint"ns nothing: Have any Of them delegated to
Legislature In" authority TO part with the reserved
: = Of the people; The rights and powers reserved
r ~, h. states can only be granted away by Conys n,ions
:. i. =, = Ole of the States, and not by The separate lie.
. Admitting,
> H:ves have 1or ,nttr assent, what security would Mr..
m;.rb, H.. r.,,n =: Inability in that assent Assem-,
4 ami vi;,,L-,r., 49,. s-,on # The General Assembly.
, h fcga,det ~ ,mn,,I,hl md tl:is occurrence viii 10,
upon tho y,ciss.tui,s IL pariany one WHO "l! reflect
STATES would assent. and others : 80 come
ment OF branches Of the new Nat :" - = % - "'sH
then as the Bank IS concerned, there = ""nH' - lar
formity in The fiscal acton of the rede iid % no nni-
Til. Constitution conicrs upon the cil.s9. 'e'r''"
State a claim t. all the privileges and imGn"' e1en
citizens in The several States. 1t authorizes Coi,es Of
10 pass laws upon the subject Of bankruptcy ans !,
tnralizatlon, but it particularly requires that those law.
siia!! be uniform. The Constitution requires, that .'ali
duties, iInposts, and eacises, shall ne uniform through.
out tie United States /: and ! II not clearly the doc.
lrinc Of the Constitution, that the action Of the Federal
Government, in reference 10 is iisca! concerns, should
be aS uniform rs the duties, inpos!s, and cAcisas
No one who j. acquainted with the Constitutional ana
political history d. "nr country, and who's, Jndg,nf ~
i not warped by party attachments, will maintain that
The establishment Of 4 National Bank was one OF Tie
ends intended 20 be accomplished hy The grant 10 Con
gross of the power Of exclusive legislation over The ten
miles square yet every lawyer il oppr:zed, hat IS a
fundamental rule in the Interpretation Of all ins'rn.
ments, that they shall be construed according ~ the
sense Of the terms and Mc intention n HE parties
al, from the imperiection Of human language, there
should be any serious doubts respecting the extent Of
.pr r,,, ,n..ar M .JI,.ys far ,rLIrI n lrv UyrgU
should have great influence in The construction This
is the doctrine nf the Supreme Court. Apply Il 10 The
power Of exclusive legislation over tie District. Does
Il not decidedly r~rPndaie tie pretension, that under
the authority 10 lr1tsiatc Tor the District, Congress has
the RIGHT to establish . National Bank
W. haze heard ninch, of late YEAR,, about tie ~.
cease If Executive power and influence. There exists
far less cause 10 aIpTcicnd danger from the cncr"acli-
men,s OF the Executive than the Legislative Depart
meEt. There Is 4 strong propensity, IN pubic bodies,
Ia accumulate power in their own hands, 10 extend The
boundaries Of their own influence, and 10 absorb with
IN Their own circle the means and motives OF patronage.
Legislative assemblies, Ike private persons, are occa-
sonally under the influence Of strong passions and eX-
elements, and are irritable, impatient, and !mpetuous.
The hab., OF acting together, produces I esprit dm corps.
Certain popular leaders often acquire a great and pre-
pnnde rating influence by their talents, their eloqncncc
Or their cunning, their ingenuity or their n,risGes.-
Measures arc frequently introduced IN ! hurry, exam
med with lille caution, and debated with lees care.-
When a measure eGj 1ys 4 momen'nry favor, or hs o
plausible appearance, the mere rc-t!cssncss Of many
minds causes TN utter iinpns.ihli.ty of debating Il vain
much deiiteraiion. Legislative bodies are moi very
apt 10 mistrust their own powers, or the moderate e1eF.
risr Of those powers. And tie more numerous Tire DO.
dy, the weaker becomes the sense Of personal resPon.
sibility.
II was fo.cibly remarked BY Mr.. Madison in the Fe-
deralist.. that Gin Republican GoYernmentth the legislative
authority necessarily prcdominates, and that "h IS
against tie enferpris;ns nmhit.oa IF his department,
tint tie protts oaght IL indulge all Mrjr jea'omsy, ant
cIhauSt m thcir precautions HAMPDES.
PosrscRrrr-.C Congressional Lirf.on a spec'al cleo.
ton was held on Monday for \ Representative IN Con
cress from ii,is district. The following IS the sia,e d!
;hr poll al il- Fredericksburg precinct:
For Daniel +. Slaughter, tIVh'gJ III
" VIM. Smith, Dem ~;
" Linn Banks, Dem 80
JOHANNESBURG Herald