Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-07-14

m NY Of the States are TO bc established there upo
the assent of the States previously obtained, and II
virtue OF those general rights OF sovereignty whlc
| each State possesses within ils own limits. Tn
long contested question Of the power Of Congress q
| create corporations within the StatcS-a question
growing not merely out OF the limited nature, IN &c
neral, OF the powers delegated TO Congress, hut ais
out OF the rejection by the Convention of an expires
proposition to give 10 Congress the general author
~ to grant charters OF incorporation for the Union
the whole of this ancient field Of controversy is pru
GENTLY avoided by the SecrctAry's plan. IL Is tn
disputed territory on which no entry is 10 bo made;-
but by the corioint exercise OF admitted power
within the well defined and ascertancd limits on Ell
| Their side Of the contested boundary-of the powe
cf Congress "c exercise exclusive legislation IN al
cases whatever" within the District, ard the powe
OF the States give their assent TO the establish
msni of branches Of the proposed institution, with
\ N their respective liTrS,-the whole machinery o
this new fiscal and banking agency Is organized anc
/ pat m motion, without occupying single point o
| the disputed ground Of the Constitution.
Still however, MIR President said Mr. RivcS, az
! obiesiion has been somewhere started to this ar
! rInsement, that though the power of Congress &c
create banking corporations within this District u
unQuesonable, yet they can Oe coustitutonally ere
ated here only for local, and not for national uses
| On what principle can such distinction as tins b'
sustained The District itself was created, ami sc
/ apart as an exclusive jurisdiction, wholly for ma
tional considerauons-tn give entire freedom an,
independence 20 the deliberations and action Of tn,
I
SAID he had the sanction OF the highest judicial
| thOlity known 10 our institutions, for saying tina
/ the power OF Exclusive legislation" over this Dis
tret was conferred on CongJcSS, not as IS sometimes
loosely said, as local Legislature tor the Dirtrict,
but cmphaucal,y as "Ihe Legislature of the Union
! What is this magnificent Capitol erected here for
for what the Treasury BUILDING, and all the Other
public ediceS connected with the operations OF the
/ Government, unless for national purposes2 And
for what more legitimate national object can any
Enlistment he iouned here, than to Oe an auxiliary,
anG IN some sort, an adjunct To the great Revenue
| Department Of the Government
IT'S true, said MIR Rves, that acts done here, in
virtue OF the power of Exclusive legislation" over
tins District, limited, in their intrinsic force, 10
I the District. They have no operation, per Sc, be-
/ yond the District. Accordingly, the corporation
proposed TO be created here the fiscal agent the
Government, will have lis legal corporate eNiS-
tencc here, and no where else. To use tho lam
Su5ge ofihs Supreme Court OF the United States,
IN a recent case having an important hearing on
thc questions now discussing, II Is $40 dwell
here in the place OF Us creation" But this does not
prevent 1t, any more than corporations created by
State authority, from extending its operations
by branches or agencies, into the States Of the
Union, with the assent OF those States- In every
such case, the extra territorial operation OF the in
siiu,on would be the result, not OF any intrin &c
force derived from the net OF incorporation, but OF
the sovereign Of the States permitting 1t to
extend ITS operations within their limits. But this
(sad MIR R.) is TO anticipate question shall pre-
SenNy have occasion 10 discuss much more ~ large
return TO the competency OF Congress To lncOrpo-
rate Bank in this District for national uses.
IL will be seen, said MIR Ryes, five trace the his.
tory Of all the legislative discussions which have
ever taken place on he constitutional power Of Con-
CresS 10 establish National Bank within the lin, :
of the States, that the most determined opponents
OF The general power have invariably admitted the
authority OF Congress u incorporate and establish
such 3 nix within the District OF Columbia. In
1891, when the first debate took place in Congress
nrNf Al q ,Ht. Ill
OF illustrating and enforcing his argument in favor OF
the power, put the case OF Bank estab ished here
under the power OF exclusive legislation over the
District, and said such Bank 'couid send lis paper
all over the Union" Mr. Giles, OF Virginia and Mr.
S'one,ot Maryland. both distinguished opponents OF
the general power o! Congress 10 estab ISL NationaI
Bank within the States, in noticing and rcpyln. %
the argument and illustration OF MIR Ames clearly
admitted the authority OF Congress TO establish sucn
Bank as Mr. Amcs had described, within the Dis.
irct. Again, IN ISL, when, at the expiration Of
the Charter OF the first Bank OF the United Suites
the discussion was renewed on the constitutional
power OF Congress, similar admissions rs to the Dis
trci were made M uneguyOcsi terms by several OF
those who We're most earnest IN denying the general
power 81 Congress 10 create a Nauona. Bank with
~ the States.
But hasten, said MIR Rvcs, 70 come down to .
more recent period -four political history, when re.
cosntous OF Tie same doctrine thICken upon u.s. and
ON quarters distinguished. or claiming TO be dis.
unguished, by peculiar Republican orthodoxy. In
1911, when the effort 70 obtain csta lshment oil
National Bank " first formally renewed, after
the unsuccessful struggle OF ISL the subject came
before Congress Oh petI'ion of a number Of the
cIuzens OF New York. IL was referred 10 the Com
mIttee Of Ways and Means Oi the House of Re-
presenta;rVes, oil which Mr. Eppes, distinguished
Republican Representative from Vrginil, was the
chairman. As chairman OF the C0mnllt-C, Mr. Eppcs
reported against the cOns,!,utIonaty OF the prUpos-
ed Bank, and embodied the grounds Of that repor,
IN the following resolution, which, setting forth
distinctly the principle which the objections OF
| the Republican party Of that day to The constiiu-
ilonaIl,y Of National Bunk rested, deserves par
Ilcuiar notice. "Rcsoyeu, that the power 10 create
corporations within the territorial limits fthe States
without their consent, is neither one Of the powers
delegated 10y the Constitution Of the United States
nor essentially necessary for carrying into effect any
delegated power" Ii cannot fail 10 attract attention.
th't the terms OF tins resolution, by obvious and
necessary Implication, admitted the power to create
'uch corporation as proposed, within the District
oil Columbia.
But this conclusion not lsf TO inference only.
/ The distinguished Senator from South Carolina.
! (Nlr Calhoun, then distinguished member of Tie
House Of Representatives moved a recommi,rnspt
OF the report 10 the Committee which brought il in
with the avowCJ purpose OF obtaining their report
IN lavor ola National Bank in the District OF Coum.
Oia--a report which Was accordingly afterwards
mace AS IHe honorable gentleman seems frequent
~ 10 suspect US on this side Of the house ola design
/ to misreprcscnt him, will give his own words. MS
taken from the records Of the day:
Mr. Calhoun then said, Il would be found that tie
Committee Of Ways and Means hid decided agsins,
the proportion on the ground Of unconstfutio1a',ty
OF esao Ishng such Bank as that asked for In The
petition. IL wished 10 Instruc: the Committee 10
inquire into the expectancy of establishing Ma
ronaI Bank within the District of CoIum5i,. the
power 10 DO which, 1t could not he doubted. came
within the constitutional powers Of Congress For
| all practical purposes, he believed such q Bank
would bc ~ useful as that which was pr0ooscJ. To
come at hrs object, Mr. Calhoun proposed the FOL.
lowing motion:
Means oa instructed TO inquire into the exrcdrucy
Of establishing National Bunk, 10 be located IN tbs
/ District Of Coum1i'.
Ihis occurred during tie FIRST session Of the I3.b
/ Congress. At the succeeding session Of the same
. Congress, the subject Was resumed. MrDlnss IN
/ the mean time, had become Secretary Of the Trc,-
sury, and On October, 1914 hld presented his ism
. Of fifty million National Bank 10 be cst,bIi.bSd a,
/ Philadelphia. Tha, pnn being under consideration
m The House 0f Representatives. and "a rrs,iur.,1
having been offered declaring o. 90 be- rxpcIiort Goa
establish NIu0n1 Bank, with branches, iu the se.
vcr1I Sta'cH' Governor Wright Of Maryland then
leading Republican mCmherof that BODY. uoyed
20 amend The resolution by inserting therein IN,
words "wHhin the District Of Columbia What
said WIN B1rwg.l Of Virginia, ON that gcc1si,r.
WAC and what lie was, no one knows bauer ia,
ihe honorable Scnaiorirom South Carolina. wi.
only say that through the whole Of his patriotic and
distinguished IIle he strict r0nstrue,ioplsf al
Tue "most slniicsi Sec" and an invaraBIc ,rg I'm.
compromising dcnicr Of the general power Of Con.
sress u establish q National Bank. And vet or
the occasion hero referred %, he old not hesitate q
say iNft nc hod no doubt Of the power oil COUyre4