Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-09-10

points, with general head or parent authority to d.
rect and secure harmonious action of the parts, in
dispensabe. If Congress authorize such al ins-
tuition al ALL the branching DIVISION Of its agency IN
different directions q necessary incident IL would
appear, then, superhuous TO argue whether the
sent dissent of a State to the establishment of
branch, changes, in any particular, the constitutional
question There cases, IT IS true in which the
consent of State is stipulated expressly IN the Con-
sttution but that consent does not confer authority
1t consent to authority already grant
ed, and in existence, in the particular place selected
Suppose the Constitution had not conferred on Con-
gress The authority to purchase the site OF fort with
The consent of State, and with exclusive jurisdiction
over the II would not be maintained that the
sent OF State authorized Congress to purchase place,
build fort and exercise exclusive jurisdiction IT,
So, on The other hand, if the Constitution empowered
Congress TO purchase place. build FORT and exercise
exclusive jurisdiction, omttng the condition of pro-
curing The consent of the State, it would not be pre-
tended that the exercise of the power must await such
consent Congress has power to raise army, and -
supportt In pursuance thereof, recruiting posts may
be established soldiers may be stationed in any STATE,
and marched through any State To the exercise Of tins
power, the consent Of State is not necessary, and the
dissent Of State would not prevent it. In the sup
posed case of FORT should the State refuse lis consent
TO the purchase of the selected sie it would not annu
or destroy the power because that is given by the
CONSTITUTIONS and must remain; the refusal only frus
trates for the time being the exercise OF il in part
cular place. And Furthermore, the consent OF State
the principal. The institution precisely the same
character privilege business, and in duty TO the
Government. The conclusion ls, that if the power TO
National Bank all drr,yabe from the Con-
sttution Congress may exercise il within the limits Of
State without lis consent either III Tie location ol prin
| cipal branch.
This meeting has commented more pontedy on the
attempt 10 overcome the grave constitutional scrupcs
Of the opponents Of Bank, by locating II principally
on some spot which Congress has exclusive juris.
IN ord, hat dIsln n
stand exposed IN the face OF day-an artiice emana
ting from n weak and silly head, and an insult 10 the
intelligence of those whose objections It designed
10 obviate And the meeting has also the more part
culay considered the subject of authorizing branches
Of United States Bank with, or without the assent Of
the States BECAUSE the notion seems to have been
entertained by of the Senators from this State,
that Congress might incorporate the subscribers 10
"Fiscat Baak" OF the United States, to Be located
in the District of Columbia, and having power 10
set IN branches or agencies Offices part Of
its operating machinery, the different States with
their separate assent first had and obtained eJprcsSiY
and mt prcSGmp,ireiy Ana The meeting, on tins occa
son desires express, IN unequvocal terms, It's I'M
qualified opposition The assumption, that the assent
Of single State make act constitutional, within
its own limits which otherwise would not be so-an as
sumption " hch destroys the uniformity, the equality,
the beautiful consistency OF the exercise OF Congress
sona power, By rendering act constitutional III one
State and condemning the same act, or one precisely
similar, al the time, as unconstitutional IN another
State.
Although it has been vcxed question since the adop
ton of the Federal Observation-Disclosures much has
been ably written and argued on both sdes-although
il is surrounded with Congressional, judicial, Execu
tive and popular decisions yet this meeting will con.
srd-r for Itself whether the Constitution has conferred
on Congress the power to incorporate u 3. BANK;
and whet her the incorporation oil snch Bank IS, IN
true meaning and good faith, the making Of law,
which is both necessary and proper for carrying into
execution any OF the enumerated powers gwen 10 Con
pess or any power vested by the Constitution in the
Government Of the U s.. or in any officer or Depart
me mt thereof The &C, lately passed by Congress, To m
corpcra,e The subscribers the Fiscal Bank Of the t. )
siripped Of all Disguise presented the naked questions
above stated Il true, that that act has been trns
rated By tie timely and commendaee Intervention OF
the Executive veto and that tie majority necessary TO
pive II force Notwithstanding cannot be obtained Yet
knowing that tie dominant party regard tins as their
most important and iarorte measure that they are
perseycrinr in their purposes, sklliul ana not over
scrupulous in their etors-by confession, comprontS-
iag in their rincplcs-the apprehension cannot be
altopelher dismissed that there Will be renewed al
temps to accomplish their designs. What secret
spring may be applied TO the motives and actions OF men
what magical influence may be spread over the
mind by the cunning and dexerous use or by the stu
dous and designing omission OF particular words ana
phrases-by The al!u employment and application oi
The terms assent and dissent-by trivial alterations III
the details Of the plainly slight notifications OF tunc-
tons-by unessentia or pretended restrcuons-by
mma,eria changes in the character OF business, and
IN The mode of transaction cannot foreknow, or
f,respp and we will not undertake to torcte Whilst,
therefore we warmly approve the conduct Of the Exc
cutivc and heartily applaud his wise and patriotic
prevention Of the late impending danger-whist we
pledge ourselves firmly and sincerely TO sustain and
defend him in this act of fidelity TO the Constitution
nevertheless, apprehensIve that the occasion OF alarm
has not entirely passed away, still feel duty,
in the present peculiar state of party politics, TO unite
our voices with those Of our Democratic brethren every
where in Information of the late act, and IN open de-
coratlnn OF opinion that Bank Of the U. States by
whatever name il may be called, wherever Il may be
located TO whateve points is ramicatons may extend,
however cunnlngy devised may be the details OF tie
charter however artfuy interviewer with the trade and
business and exchanges OF The States, and with the IL
n,nces of the Government, may he s required duties
and It's exclusively granted privileges, will be papa.
bic violation of the Constitution.
we affirm upon historical evidence, and upon the
unimpeachable testimony of our own Jefferson and
Madison that the trainers OF the Constitution not only
did not intend to confer upon Congress the power IN
dispute but positively and expressly refused SO 10 do
The existence Of any such power us condemned by the
silence of the Constitution Tor no clause or provision
of that respected instrument can be designated when
expressly coniers it. Vain will lie the search for 'ts
xstcnce among the enumerated powers-it cannot
there be discovered The creation OF corporaton u
is believed is the exercise Of original, primary, ana
distinct power, and cannot with accuracy, be consi-
dered as necessary and proper incident OF another
or intended, concomliant Of any of the enumerated
powers.
In the eighth section Of the first article of the Con-
sttuton all the legislative powers granted TO Congress
are enumerated, and the enumeration concludes WIN
clause declaring that Congress may make all laws
which shall be necessary and proper for carrying into
execution the foregoing powers Here the mode ths
necessary and proper mode, IN winch congress snai
carry into execution their granted powers, SO plainly
and distinctly written, that one would suppose that
he who runs might read, and that TOOL c0"d not err
The mode of carrying into execution the enumerated
powers is by making necessary and proper laws Ms,
Now what is the general idea OF making laws. what
i the usual and common acceptaton OF the tcrm
Dos il no, mean ordinary legsla;on-the passage Of
acts by The Legislature, oil usual character and atI!-
hutes, hch may Of course be repealed or modi-
fed by tie same, by succeeding Legislature, pos
scssins equally competent powers over the subject
matter Does the creation of corporation with ex,
elusive privileges, within the scope and definition
of ordinary leg-ation' Is the expression employed,
s.m, rno laws'-and one of general use. understood