Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-06-29

Wherever any Of them comes in conflict with State
lave undoubtedly constitutional, and rapeas wholly or
partially that law, it shows that the power assumed mas
been reserved exclusively TO the States; for they Ger
tainy reserved solely to themselves the right to repeal
their own laws. II believed, that there is not State
IN the Union where corporation hold lands with!
out permission from the Legislature; yet Congress,
which the Constitution says shall not hold lands III q
State without the permission of the Legislature,
iers that right upon others. II coneTs upon aliens
the power Of holding lands, and far repeals the
State laws upon that subject. 1t authorises men to
convey lands IN certain way (hv the sale oil bank
stcck,) repeating partially the Stale laws which pre-
scribe form OF conveyance. 1t exempis certain
lands from taxation, yet the Constitution permits the
States 10 tax all lands within their limits. IL cNemPis
certain lands from escheat thereby partially repeating
the laws of eschea IL directs the descent OF certain
lands thereby partially repeating the laws of descens
IN those States where land descents and bank stock IS
distributed to different persons II gives banking pr,
vleges TO certain individuals, thereby repeating par
tally the State laws against monopoly. Even allow
ing, them that Bank necessary and proper, yet as
many of the powers conferred upon H. have been
served 10 the States, they cannot be assumed
scGuent!y, the law charletIng it - unconstitutional
Bul 70 rlitiic fe~ e 4 gle r1ture OF the char
ter ennf'ced with State Rights, and Tie Bank
both necessary and proper, would still be unconstItu
uonal; tor II was proposed IN The Convention TO confer
upon Congress the iower oferectng corporations. The
proposition was rejected One Of the reasons urged
against ii was, that they would use such power to
charter Bank. If, ,ken - express declaration from
the trainers OF The Constitution be Of more weight than
any Inference we can draw from their language it j.
clear that the power Of erecting ce-poratons consc
quenty of charlrring Banks reserved exclusively
to the States If Bank is indispensably ,equise, il
can only BIZ obtained rgh,ful!y by amendment unless
We rnn counter 10 tie construction Of the ConycatoE
Itself
There remains but view tn be taken of this sub
rc. Many claim lie contested power from the fol.
lowing phrase Congress shall have power 10 lay and
collect taxes, duucs mposts and excuses, to pay The
debts and provide for the common defence and &C.
neral welfare of the United States but al duties
imposts and excuses shall be uniform throughout
the United States" Here, they say, is power
given 10 Congress to provide Tor the defence
and general welfare in any way they think proper II,
therefore, Bank be conducive to the genera! welfare
thcv have right 10 charter H. Such construction rs
this is utterly inconsistent with the idea u limited
power in the General Government. What would have
been the of GaHmGrdttng the powers granted They
would ali have been included in this sweeping grant.
Ii conveys an estate III fee simple to another,
would there be any IN adding clause to the decd
that the purchaser might enter upon Tie
land, Oi course, he couid do that n1der The convey
ance. Such construction is III opposition to rule
dictated hy reason, that meanings possible, must Le
gwen to every part Of m instrument, tor, the maker
must have attached meaning To every ihing he wFoie.
Ii Congress DO any thing they please 10 provide
Of granted powers IS 4 most unmeanhs
epeton of grants made before. But, II the ennine
rated powers intended 10 show IN what way Con
yreSs provide for tie general welfare, and 10 limit
ncm 10 those specified means OF so DONG then every
enumerated power has meaning attached 10 II, a.
containing direction TO Congress \ glance Al the
sentence will show in what light it is to be understood
The last phrase, "but all duties, mpoS;s, Is c@Genty
continuation Of the first. "Congrcss shall have
power 10 lay and collect taxes, duties, jmposs, <
Then, the whole IS 10 he taken as one sentence
Would it not have been extraordinary for the Conven.
ion 10 legn sentence, stop in the middle Of 1T and
insert grant of substantive, independent power then
70 on and finish the part they began with: lhfy di
not intend i grant Of power, but merely as re
strant upon the power OF !eSyng taxes when must
b. 10 pay the debts ana provide for the common dc.
tnce and general welfare; and Also tina, the common
i.frnce,' &C. could only b. provided COR hr evyng
taxes unless otherwise specially directed But bank
i not chartered BY esyng tax, and, therefore, can
not come within THIS clause
Should then, this measure, equally uncons'itu.
onal and oalous, he forced upon us-are We %
see The Constitution ,ramPied upon perhaps FOR
iftY wears We ought seriously TO think upon q
power, which fortune may throw IN our grasp, that
Of rereaI. ! know that bank charter - cons
,ered as contract; Government giving privileges and
receiving consideration, bonus, IN return. Though
tins should be ,ruc of State Banks, yet ii cannot be
urged in favor Of L. $. Bank at least by those no
clam for Congress the power TO charter under The
clause giving that body power TO "pass all laws neces
sary and proper" &c. Tins does not empower them
to make all contracts ncceSsary0nd proper lhe adVo
Gates the bank then must CONSIDER II as tar nf'fS
sarg and proper and surely Congress can repeal IT'S
own laws Besides there Is this important difference
Even il we were 10 grant for The sake Of the argu-
ment that one State Legislature, rected jor single
mar can bind by m odlrus charter every successive
legislature for mn ycarsyet II does not follow that
Congress have the prcrc-atvc. The State le-
-:sa,crcs have right establish charters But Cor
rress have not The power of incorporation asked
or in The Federal Convention and positively refused
low then can Congress establish charter which - d.
eclv contrary to the great charlc. Of Tie Constitution
How can the Attorney violate The sery power under
which lie acts How the servant upset The authority
IF his MASTER merely however, throw this Out as sug
res,ion worthy Of consideration and repeating again,
hat, If have erred j. is my ardent desire 10 ne sci
.yh,. shall! conclude by signing myself, what hope
% be through life, ,.o,.,,,cr