Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-07-30
COMMUNICATIONS.
no 3YE EDITOR OF THE RICHMOND ENQUIRER.
THE BANk-INa Ill

TO TIE EDITOR OF Tas RIcAVovD E.vQUIREK.
THE BANK-[N' Ill
.THE BRANCHING POWER CONSIDERED
TIE FAR SorTn, July ., lS4l.
Sir "The branching Po'eer, (as Mr. Clay calls ~
in regular treatise, should toor, and not Preefde
what have to say of thu "Baaktas Potcer but these
being mere fugitive essays, and the branching p"we.
being a close connection with what have SAID OF Mr.
Ewing's plan, it to gerinane 10 the object
have in view, TO give 1t place here
l. Il should be observed that while MIR. Clay de-
cdedly repudiates MIR. Ewing $ CLAIM to power as re-
smiling from the assent of States, he does not
utter word against Mr.. Ewngs other element Of
power which he derives from The right of "eretuStre
isoisation in the DistrctOn the contrary, he adopts
it, or wishes TO induce "Me Republican portion et NE
Uhig party to beiiere by locating his oicn '"oher
bank IN the District opposition 10 the opinions he
heretofore maintained. that IL could perform much
more efficient servrc elsewhere. Now, in previous
communication, cnieavnrcd to show with what sue.
cess know no) that: hen Congress attempts TO ex.
ercse power winch reierabe atone to its right OF
crciusire legislation, necessarily in tine exercise
Of its right of limited and iocat legislation only; aud
that its jurisdiction is bounded by the limits to which
the right Of "cIcuSire legislation Is restrctec-hatis
to say the District OF Columbia. Ii THIS be So The
eLrQnching porer, which IS TO be exercised beyond the
District cannot be derived from power which IS re-
strcted TO the District The power TO branch, then,
mus, be looked for elsewhere in the Constitution; and,
should il be found there, the anomaly would stu be
presented Of Bank charter which tnteger as to
ers, which, inter Sc have sort OF affinity or connec-
ton with each other.
2. Those who have made up their minds that the
''vagrant power of Banking rs no,chere IN the Con-
suon, after coursng all It's commons, and threading
It's brakes and securing its pocoSnS, after being wor
RED down III VAIN pursuit after this sly reynard oil
power, generally concur, that It lies lurking some
achere that boundess forest of powers where every
thing else be found: that is, "mcesSary and pro-
per TO be thers-,he paragraph Il, sec :, art Con
stitution IT, s. OF that clause, more may be said bye
and bye. In the meantime, it will be incumbent on
those who maintain that the Poicer TO Bank results
from "ReceSsitg show, that there IS Ike necessity
for the pooer 10 Brunch that the fiscal emergency
yhich makes it Unnecessary that there should he a
s:Fisca Bank in the District OF Columbia, where
Congress possesses "e1custrs J"rtsdetion, makes II
eguaIiv Unnecessary that Branches should he esta-
blished in the States, where Congress IS without e.
cIusire jurisdiction.
g. The 18th section of Mr.. Clay bill contains what
he proposes shall be the fundamental rules oil the
Bank. The 10Th of those rules confers on the Bank
Direction at Washington the power to establish branches
when and ichere II peases, and oM or 1choM The con.
sent Of The States THIS bold, 10 say the least of IT.
Sow, il wall hardly be questioned, that if Congress
pass his bill, il will do it in the exercise of the only
power il possesses, qaoad hor: lis LegiSfaticc power
Congress establishes Bank-ths 10 legislation. II
locales it-ths is legislation. The bill establishes
6ranehes-nor locates them II couid have done so, if
il lcOuid. Had II done so, II would, OF course, have
been act of legislation. Now, what ! desire to
know is branches be established md located with
out it, IL is past all question: that when these branches
shall be established the principal cities Of the Union,
they will be institutions OF far Importance and the
repositories Of vastly greater responsibilities than those
which will devolve the mother Bank. IT. then, IL
requires of legislation TO establish and locate the
one, why should no, the same power be made 10 cs-
fab!iSh and locate the others If need 0,c
Sh and locate the one, the others be established and
located by any thing less than 0,c9 Manlitstly they
could not. But when speak ola lac, mean there
tbo i1,r, f
Can Directors of Bank enact iatc Of Congress- even
with the "asseat of Tie Suites Can their discretion
be substituted for poStire iac' Can Congress delegate
them any portion of it's delegated power: The maxim
has always been deicgatuS NON potcst detegdrc the
Constitution vests the Judicial power n one Supreme
Court and such Inferior Courts the Congress NAV
ordain and establish" Could Congress ''ordain and
establish the Supreme Court, and then vest 10 Il The
Iegisiaipe power sordan and establish the "Inferi-
or Counts and locate item Even the decision in
the of Cohens rs. the State of Virginia, (Which
all the friends OF the Just rights of the States 10
the question of jurisdiction have ever deplorcd0 de-
MED TO the corporation of Washington city the right
to sell lottery tickets tcdt the State in derogaon of
State Tao; and have yet to a.n, that the corpora
tion of Bank, point of sovereign authority para.
mount 10 The corporation of city Bat, place thus
10Th fundamental role of the pale of all defence
call puoc attention to the first sentence Of that rule
acknowledgements Teserrrs 10 iseif the right to cs
tabish branch in any State which is without, one #
the legislature ofhe State applies therefor Ia Couoress
Very we'll Legislature does apply for a branch, and
Congress bestows it. How: By inn. Blu, the direc
ton, forsoolh, could do it achou, Io~-by ordnanc.
The direction may establish and locate branches. pih
out the consent oe States, and Congress do So
but ,cith their consent Though Mr. Clay so slrepu
ously maintains, that the "assento States have
n thing to do with the powers of Congress-yet he
drafts Bank Bill denying to Congress the exercise
of the very "branching po'oer he claims for IL unless
Congress obtains the of the Sates" And this
very power too which he denies TO COnpress he rom
eedes to the direction CONSISTENCY is jewel" A