Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-05-23
TO TIE EDITORS OF TIE ENQUIRER.


ishmcnt that saw, some days ago, a statement IN
your paper that there persons who III their party
zeal, had appealed to and relied upon the Madison
papers, to show that the Federal Convention was OF
opinion that the power 10 gruna charter of incorpoa
ton for Bank was in their plan of the Constitutions
of the u. States, when they sisned that instrument
on the 18th September, l7c7.
For some time past the writer OF this communica-
ton has been engaged in review OF serera! OF the
Administrations OF our Federal Government. ms
review ,s intended 10 probe, with The hand oiTuth ana
ffariesSnesS, the which ha produced the utter
destruction OF the principles of written Constitutions
aud have given an ascendancy the doctrines OF re
derasm, scarcely ever 10 be checked II may not be
amss to remark that the writer did not approve oil the
reelection OF Van Buren,, the election OF General
Harrison lie did verify believe, that the election Of
either would be emneny injurious the success OF the
Republican principles as laid down. and advocated by
Jefferson Il Madison, in l795 and 1900 The grounds
OF this belief can not be assigned bat II the Ed
tors Of the Enquirer, shall give this communication
place in their paper under thci. beautiful flag OF -
rite SanS Penr 1t will be earnest that 'hey VIII
not refuse admission into the! gazette OF the o'hef
numbers OF which this is one OF series, somewhat
altered 10 dlsabuse the public touching the singular
deductions made from the Madison papers, 10 waich
al!usion is made above.
A few moro remarks, and have done Tor Inc pre-
sent Had it been announced by the members oil Tue
Federal Convention when they rose, had II oeeh an'
nounced in The numbers of the Federalis That aiter
three several separate and distinct efforts 10 insert a
press clause into their plan OF enumerated powers
giving to Congress the power TO grant charters OF 10
poraon and on three days before the Convention
rose that this power rejected and thai, neverthe
less, the power in their plan, what would the peo-
pie have thought of this plan: what would they have
thou ght of The members of such Convention: What
would been their voice. in adopting OF rejecting
such plan: VIII any dspassonate mind read the
debates in the Virginia Convention, and ask himself,
what chance for ratification there would have been for
the Constitution, il II could for moment have
been believed that power thrice rejected still iii
the plan' that Congress could readily exercise
powers rejected and powers not enumerated, as those
that were specially enumerated:
To the proper calculation of the question, whether
the power grant charters of incorporation vested
by the Constitution Of the u S. in the Congress- il
will be merely necessary 10 enter upon detail strictly
historical Any attempt Il argument this subject,
after the speech of Madison against the constitutional
of the Bank, the time of It's first charter and
after The opinion Of Chief Justice Marshall, in the
case of McCulloch The State Ct Maryland on the
9th March, 1914 in favor o.! The power OF Congress
grant this charter, would be out Of place
(iI Madison papers) "Monday, May l4ih, 1877
was The day fixed for the meeting of the Deputies 10
the Federal Convention which framed the Constitu
ton OF the L. S. On Friday, May 25th, they unani.
mously chose George Washington as President of that
Convention.
"on Monday, Angus: 9Th, Mr. Rutledge delivered
in the Report Of the Committee of Detail
The article containing the powers of the Legislature
of the U. s., is follows:
CART. VII
"Sec. |. The Legislature of the u. s shall have
the power 10 lay and colec, taxes, duties mposis and
excses
80 regulate commerce with foreign nations, and
among the seyeral States;
"To establish uniform rule of naturalization
throughout The l. s
ITO coin money;
"1'o regulate the value Of foreign coin
$40 Tx the standard of weights and measures;
''To establish pos; Offices;
ITO borrow money, and emit bills on the credit OF
the U. S
"To appoin! Treasurer by ballot;
ITO constitute tribunals inferior 10 tic Supreme
Court;
''1o make rules concerning captures Of land and
water;
"To declare the law and punishment of piracies and
elones committed The high seas, and the punish
menl of connerfei,ing The of the t. S, ard Of
offences against the law CT nations;
"Fo eubdue rebt Hon in any State the applica
ton Of It's LEGISLATURE;
"'fo make war;
"Ho raise armies
''ro build aad equip fleets;
"'ro cali forth the aid of the militia in order to exc
cute the laws Of The Union enforce treaties suppress
Instructions, and repei inYasons,
"And TO make oil laws that shall be necessary and
proper TOR carrying INTO execution the foregoing powers,
and all other powers vested by this Constitution in
the Government Of the IT, States any depar
or Office thereof
Among this enumeration OF powers, there is none
giving TO the Legislature of the United States power
grant charters of Incorporation, in limited or in
unlimited And here il NAV be proper to
ask, was this power IN any mode in the plan reported
By the Committee cl Detail; In order 10 nser, this
power in tie plan of the Constitution, we see, tina,
twelve DAYS after The report made on the 9Th Of Au
gust, viz Saturday, August 18th,
ain ConYenilon-Nlr. Madison submitted in order
10 be referred 10 the Committee Of Detail the follow
ing powers, proper TO be Gddcd to those Of the &c
neral Legislature
ITO dispose of the unapprop.iated lands Of the U.
States.
"'To institute temporary Governments for new States
arising thereon.
"To regulate affairs with the Indians, as we'll within
as wthou. the limits Of the U. States.
ITO exercise exclusively Legislative authority at the
Seat Of the Genera! Government, and over district
around the same not exceeding square miles;
the consent o the Legislature Of the State or States
composing tic same, being first obtained
'Io grant charters Of Corporation arhcrc the
public good may require Mem and the authority Of
single State may he incompetent
ITO to Literary authors their copy rights for
limited time.
"To establish an University.
"To encourage by premiums and provisions the ad.
vancement Of ueeful knowledge and discoveries.
ITO authorize the Executive TO procure and hold for
the of the United States, landed property for the
erection of fots magazines, and other necessary build
ings."
These propositions were referred 10 the Committee
Of Detail which had prepared the Report, and at the
same Lime the following, which, moved by Mr.
Pinckncy-in both cases unanimously
''To fix and permanently establish the Seat of the
Government Of the u. States, in which they shall
possess the exclusive right of soil and jurisdiction
s'Io estuGish Scmineries far the promotion Of Htera
ture md the arts and sciences.
sTo GRANT CHARTERS or Incorporation.
ssTo urant patents for useful
ITO secure 10 authors exclusive rights for certain
time
ITO establish public institutions, rewards and immu-
mites for the promotion Of agriculture, commerce,
trade and man ufactures.
"That The funds which shall be appropriated for the
payment of public creditors, shall during
Of such appropriations, be diverted applied to any
other purpose and that the COMMITTEE prepare clause
or clauses for restraining the Legislature of The U.
States from establishing perpetual revenue
10 secure the payment of the public debt.
"To secure all creditors under the Constitution
from violation of the public faith when pledged by
the authority of the Legislature.
"To grant letters Of marque and Teprisal.
$40 regulate stages on the post roads
We here 500 n nun,ber of mowers pronnsed bv Mr.