Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-08-10
FOX TIE E.SR ClRER
aTUE FISCAL tGENTn-lSu VII

support all who are of wavering faith as TO its exped
ency, the friends of this scheme propose 10 Locale
il IN the District of Columbia urging that there is
doub, about the power of Congress to establish Bank
there This is invention well worthy The genius OF
the age and one which, if successful will make the
District Of Columbia the grand reservoir of all -gisla
tive powers constitutional or not ard from which their
influence can he radlated over the whole Union
What are the legislative powers of Congress over the
District Of Co!umbia are they unlimited and limita
bile: How and by what its powers defined: III
they are not by the Constitution, they arc by nothing
1t in matter Congress can exceed the powers OF
the Constitution, in ALL and there no limitation
10 it. The argument by which this principle is
tanned would make the District Of Columbia central
espotisn, and the States mere subordinate provinces
When power to tyrannze over the States and sub
iect them To the domination of federal authority cannot
be found in the Constitution, it will be found III The
District Of Columbia, and from that centre exercised
over the whole Unon-A line of canals, OF railroads,
central Judiciary embracing local jurisdiction, and
central every thing else may be formed and extended
into every State of the Union. AS much as have been
alarmed the progress of the doctrines OF "ttTencc
and latudinaran,sm, have been infinitely more 50,
at this effort 10 make the District of Columbia the great
central reservoir OF all power For, b. the same argu
ment this bank power is at: any other may be,
and there is no limit il The power of "e1efnstrc
legislation does not embrace unlimited legislation: If it
does then Congress stretch lis dcspotic arm INTO
every State Of this Union, where 1t has fort, arsenal
navy yard &c, &c. for in the clause, and IN the
same words power Of exclusive legislation u gsen
these, that IS given over the District Z" COLUMBIA.
There is no difference. Can il be supposed that the
trainers Of the Constitution when for the security OF
The operations Of the Government and the protection
of ITS property endowed Congress with the exclusive
power of Legislation the District of COLUMBIA,
which may have been bu; half, and could not exceed
ten miles sGnare forts arsenas, Nc, dcs Gned 10 I'M
part power which would override all the reserved
powers of The States and The people, Certainly not,
and yet, according 10 this claim of power, they
unwtingy did so; and thus every barrier between re-
dera and Stale power utterly Frustrated. What pro-
lection have the States againstany the mos; tyrannca
and oppressive exercise Of power by the Federal Go
vernmen,: What defence 10 the rights of the people:
The Constitution-that must give way To the omnpo-
ence Of the District Of Columbia Ifthis will not avail
what Will Nothing; and We are left the hopeless VIC
tins Of an odous and unrestricted despotism
But suppose | were 10 cnncrdc that Congress mas
the constitutional power, which, BY no means intend
to do 10 charter Bank in the District OF Columbia
Il il monsrous perversion OF the spirit OF Tue
Constitution, this merely local power TO Tx upon
the haiion an institution otherwise prohibited by the
Constitution, and hated by the people Is there any
difference in moral point of view, in its destruc
tive consequences, between direct and an ndrect vio-
ation Of the Constitution In my humble opinion,
an npcn direct vioatIon is manly and more ex-
cusahe. Establish this PRECEDENT aud ancient re-
dc,aIrsm will have in the District of Columbia rally
ing point formidable thon all lis lau!inaran-
| I'm, and viii again assume the ascendancy.
Although The Mother Bank will be located in The Dis
,rict Of Columbia will the branches be located III the
States and, through them the system work as effective
Nv in the States If the Mother Bank were located III
State II The system, through the agency Of branches
operate The States, II will be just effective as
if the Mother Bank located upon the Zuyder Zee,
us any where else Every knows that the main
operations Of the Bank will be transferred from the
mother to the branches, if lis interest requires It,
regard this location mask 10 cover the main
design Of creating an effective National Bank for the
Union and not for the District. The idea of creating
Bank with capital of S30,0G0,0O0 with the privilege
Of SjA01G, 900 for tn District OF Columbia, is absurd
ly ridiculous.
The proposition 10 make the location Of the branch
dependant upon the assent of the States, does not IN
my judgment, the slightest degree affect the prlncl-
pie. The branches will be but carnations of the Mo-
iller Bank, and w exist by authority Of the national
charter. They will be parts and parcels Of the same
system, and ushcrcd INTO existence under Federal aus
pces The States may assent TO their existence but
they will be the creatures Of Federal power. In this
proposition there much respect for State save-
reignty and regard far State Rights and much regret
to find that but out Of ff,y-lwo Senators manifest
ed this Difference but stall it dncs vary the aspect Of
the constitutional question This OF inno
walton will, fear, be prolific and destructive
Like all other innovations, this will be esteemed pre-
ccdent and hereafter all avorl,e and innovating
sures will find location and hahitaion, if the
Constitution, in the District of Columbia.
But the friends Of this system, as last resort, are
|
lugc for error. They tell US, this question es al
judicata" it consuonally has been adjudgcd
both by the legislative and judicial departments. This
IS true: but the decision of the legislative department
has been both ways, and is therefore Invested Of all
force The judicial decisions made by party
Judges and entitled to binding authority: moreover
Judges are but men; and, although clothed in the judi
cal robe, fabl. and ira as all other men There
nothing their office which peculiarly qualities them
10 decide great principles of fundamental law; and
however honest, when acting under the influence Of
party bias their opinions are rot entitled to the same
consideration as judicial decisions upon quest aris
ing out of municipal law. The Constitution is TO every
freeman what the Bible is the Chrstian-a rule of
faith, to be construed by himself and for himself
without control from the opinions of others. This is
right dear freemen: and, under the full protection
of which, dare controvert the opinions Of ernned
authority. TELESlSCS.
| HousE OF REPRESENTATIVES, 29th July.
Dear Sir In the Enquirer, of the 9th instant, you
make commentaries upon the vote of the Georgia Dele
gaton-upon the resolution 10 raise Committee to
report upon the operation of our post laws. You say
othere is no doubt but that friends there are, IN
the MAN, sound on this queston-0he TariF) Blu,
Messrs Dawson, Nisbet, Habersham, and most of the
tlempn from, Gporria voted arains This LINKS