The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1843-12-08
From Tie Richmond Enquirer.
JOHN NICHOLAS.-[No. Ill

From tie Richmond Enquirer.
JOHN NICHOLAS.-(No III
10 The People Of Vngiaia especially and to ne
People Of the United Ststss generally.
Fellow citizens The reasonings and expostula-
tons OF the Republicans, in opposition to these atu
dinous constructions of Federalism produced no Of
feet whatever on them For they soon began to put
their distractions into practice, by
lst-lncOrporatingIi 1871, Bank Of the United
States conducive TO the successful conducting Of
the National Finances and tending to give facility TO
loans.
2d-By approprating money TO po,0ers not enuHsret
ed in the Constitution.
Immediately after the intention to charter the Bsnk
Of the United States announced by Hamilton
when the bill came before the House Of Representa-
tves-Madison separated from his great and good
friend and made his unanswerabe speech against the
power Of Congress to create, by Bank Charter,
moneyed class, it'll distinct privileges, not common
to all the people This great speech and his deter
mination thus announced defend the Constitution
which he had sworn to support in preference to
yielding to his old and valued friend, doubtless won
for him the affections of his country, which, in due
process Of time, placed him in the Presidency Jei-
ferson too, enters his protest against this BANK, ana
soon thereafter retired from Administrator, IN
which he acting the first Secretary of State ;
thus setting safe precedent, deserving of ell im'a-
ton, that whenever the principles of administra-
ton conflict with great'princpes of the Constitution
it is the duly Of patriot to retire from such an ad
ministratOn, and no longer to give countenance 10
its support by retaining seat Of the heads OF
Departments In tn scale of principle with these
ustrous patriots at that day, Friendship weighed
but feather against the Constitution which they
had sworn to support.
This charter of incorporation was resisted by The
Republicans, because, said they -
LIST. The power to incorporate is not found a30ng
the enumerated powers because it the creation
Of corporation in the bosom Of People Of equal
from the mass of the society, endowed with vcst4
and legal rights, 70 which the People have no eaia
and which, according to the prstesion set sp. noibse
quent Congre1 cam repeal; and this favored associs-
ton of individuals not made responsible for their debts
only IN limited degree ,chile the People at large remain
liable to the fullest extent Of all their property Of
whatsoever kind. And
Cd. That the power TO grant charters Of incorpo-
ration, cannot be claimed power necessary and
proper to carry into effect any of the delegated and
enumerated poWers-more especially, because, in
the Federal Convention, there had been three seve-
rail- separate, and. distinct propositions, to give to
Congress power TO grant charters of Incorporation
an additional power TO the eighth Section of the first
Article of the Constitution of the United States
and, that ler three days ardent debate on the special
subject in that body the po0er ,oas rejected and stricken
out, upon the principle that it pocer dangerous
TO be uested nthe General Government"
Such are the memorable words of Madison, in his
most memorable speech in 179l in opposition to the
charters. Such was the safe, simple, and most vau-
able rule of interpreting and constituting the Constu
ton for the United States then used by Madison
on this interesting occasion. A rule afterwards
adopted and followed, and its safety recognised by
Washington himself, in his message TO Congress on
Both March, 1896 in which he states that having
been member of the Federal Convention, he kne,c
" the principles which the Constitution was
formed"-and that the proof that power was not in
the Constitution was to be found in Journals of the
Federal Convention-that when proposition was
made and explicitly rejected, that this rejection
proof that the power not in the Constitution.
A rule most safe, most beautiful and simple, great
y valuable, because it is level to the comprehension
OF all. However necessary then power may be,
when it has been asked for in the Federal Conven-
ton and refused, it can never "be proper
That II such power be wanted, it must be asked
for, and obtained according to the 5h article, which
prescribes the only method, to the exclusion of all
others, by which powers not in the Constitution at the
time OF ITS signature because asked for and reject
ed,) can alone be inserted in the Constitution and
alone be exercised in any way by the Government of
the United States
The Republican party further contended, that the
Constitution tears on its face the most extraordinary
instances OF profound Jealousy of powers to be
clsed by implication, and to place this fact IN its
strongest coiors, it will only be requisite to cite
among numerous other instances.
The LIST Art, Sec. 8, clauses IL and Is, declare
that Congress shall have power
"To support armies:
"To provide and maintain narun
To a mind accustomed to claim power by implica-
ton, it would appear absurd to say, that with these
great and important powers that of making rules for
the government of the army and navy, did not fol-
low by necessary and absolute implication, and he
would be deemed insane, who should deny to Con-
gress the power to make such rules without any ex-
press clause.
But not SO the Federal Convention: they under
stood their own work, it may be modestly said and
allowed well any who have attempted to inter-
pref 1t since. And yet, the Federal Convention
deemed it necessary and proper, TO insert express
clause, declaring, that Congress shall have power
" To make rules for the government and regulation Of
the Land and Narai forces"
This wonderful instrument is replete with similar
instances Of the most excessive Jealousy of powers
implied and
Sd. The Republicans further declared that with
Them there PROFESSIONALLY doubt ,ohateper that
whatsoever the interests of Learning, Of ig-
rculue and Manufactures, 'was not within the sphere
of the National councils, as far regards app
ton Of money and that with them there was not a
loop hang doubt on of the right of Congress to
apply money to power not enumerated IN the Con-
s uon and the idea that Congress could apply mo-
ney as well 10 powers not enumerated as TO powers
enumerated, papable absurdiiy and outrageous
mockery."
The Republicans meanwh lille, had resolved TO run
Jefferson their candidate for the Presidency, in OPP
position to Adams, who had been chosen Vice Pre-
sident under Washington Adams succeeded as Pre-
sident by a small majority-and pursuing under his
administration the latudinous construction already
given TO the Cons'itui on-such the powerful
opposition made to these principles and acts Of the
Federalists, that following them up, and avowedly
with view to suppress the public Indignation, now
become extensive and profound in the phreDzy Of
party SPIRIT which is always blind, they passed.
The SEDITIoN Law, which declares, that II any
person shall orite un,r publish any writing ogans
the Copernmt mt cfhe United States or eth House Of
Congress, or the President wih intent 10 bring them
or either Of Them, INTO contempt disrepute then such
person bci thereof conpicied before any Court IF Ne
United Sta e. sharing jurisoi ton ter,of shall be pun
ishea by fin, not eacee IL & fro mousond dollars
| and by imprisonment not BREEDING tro years.
THIS most extraordinary attempt TO tramnel and
check the right of the people freely to examine into
the conduct OF their servants and the nature of their
acts, laid deeper the foundations of Republicanism
in the affections Of the great body of the people at
large. The Sedition Law aroused to the highest