Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-12-01
FOR TIE ENQUIRER
Youy .rcuor.s-ryo. H.


JOHN TICUoLAs.-lEo. H.
IN The Pccp!c Of pirgina especially, a"d to The
People Of the United States generality
Fellow Citizens The reasonings and e1posulat'ons
of the Republicans in opposition TO these ial"uo'nouS
constructions Of Federalism produced no effect whu'-
ever on them For they soon began 70 put VIZ" -
| s,raciions into practice, by
| Ist incorporating, IN 1871, Bank OF tne onteu
aes as conducive 10 the successful concluding VI tue
National Finances and tending TO give facility TO loans
I'd, BY appropriating money u PoneFs H'' e'H"e'"
| I'D in the Constitution.
Immediately after the intention TO ehs'fer Me pau"
of The United States was announced oy aanio .
uhan the bill came before the House oil heP'eseh''
l,;vss-Mad,son separated from his great and sooo
friend and made his unanswerable speech Against III"
n,wer of Congress t, create, by Bank Charter d
monicd class with distinct privileges, M con'o" "
all Tie people. TINS great speech, ana ms ast4,h
nation thus announced to deiend the oo"a''I..I"'
which he had sworn to support, in preference u yr
mo to his cid and valued friend doubtless won Tor mn,
the affections OF his country, which, IN due process Oh
time, placed him in the Presidency Jefferson 'oo'
eotsrs protest against this Bank, and soon there
after retired from an Administration, in which he was
acting as the first Secretlry of State thus setting
safe precedent deserving of oil mtlt on, that when
ever the principles of administration conflict with
great principles OF the Const tuition, IS the DUTY OF
oatrot 10 retire from such an administration, and no
louper to give couneaance to its support pv retaining
seal as one of the heads of Departments In the scale
Of principle with these usrous patriots at that day.
Friendship weighed but feather against the Const-
Tut on winch they had sworn to support.
This charter OF incorporation vas resiSGo Ny tie
Republicans because, said they,
Isl, The power 10 incorporat. is not found among
the enumerated powersbecause IL was tae creation OIL
4 corporation in the bosom of people OF elna rights,
by an association of favored individually taken from inc
mass OF the society, endowed with vested and legal
rights t. which the people have no clllm-and when,
according 10 the Praension ser up, no subsequent Con-
oress can yepai-and this favored association oil ndi-
yiduals MT nude responsible far their debts only IN
limited dsgrte ce The people, at large, remain liable,
to The fullest extent Of ali their property, Of whatso'
ever kind-and
/ ID That Tn. power TO grant charters OF incorpora-
tien cannot he claimed power necessary and pre-
per 10 carry into effect any of the delegated and emu
mera.ed powers-more especially because, IN the fede-
raj Convention there had been tnree several separate
and distinct proposl;ions to give 10 Congress power to
pran charters of incorporation, an additional power
10 the eighth Section Of the first Article Of the Cons.i-
tuition OF the United Stales-and that "ajter three
daps ardent dbafe the speelt subject IN that 60dy
the p0,rer rejected and stricken o"i, upon The prin-
epie, ta; porer dangerous to be restsd IN
the GtRcral Government"
4, Such are The memorable words of lMadison in his
most memorable speech in 1871, in opposition TO the
cons ltonalIty of The power of Congress TO grant
charters Such was the safe, and simple, and most
valuable rule of interpreting and constrning THIS Con-
sliuon for the United States, as then used by FadI-
son on this interest ng OCCASIONAL rule afterwards
adopted and followed, and lis safety recognised by
3 Washington himself, in his message 10 Congress on
3Olh March, 1906 in which h, states, tlot having been
c a member of the Federal Convention, he liner "he
principles on which the Constitution was formed =
e and that the proof that power was not IN The Con.
strtu,lon was be found journals of the Federal
e Convenon-that when proposition was made and
explicitly rejected that this rejection was proof that
l. the power was not in The Const tuition.
!. rule most safe, most beautiful and simple, greatly
s. valuable because 1t is ave TO the comprehension oil
1t all. However necessary then power may be, when
e i; has been asked for in the Federal Convention and
?. refused, ii can never "be proper.
a That If such power he wanted. il must be asked
for and obtained according to the 9th article, winch
prescrbes the only msf'd, to the exclusion OF al
others by which powers not IN the Constitution al ll-
me nj its signature because asked for and rejected
can alone be inserted in the Constitution and alone b.
l. exercised in any way, by the Government OF the
- States.
4 The Republican party further contended that tht
Constitution bears Oh lis face the most extraordinary
instances of profound Jealousy of powers 10 be exer
csed by implication and to piece this fact in ITS strong
% est colours it will only be requisite 10 cite one among
- numerous other instances:
e The Ist Art Sec 8, clus:s II and 10, declare tina
, Congress shall have power
: "To support armies:
"To proridc md maintain a nary
:, To mind accustomed TO claim power by impl'ca
:. tt 80
the government Of the army ard navy, did follow
al by necessary and atsolut. implication, and he wou
& be deemed insane, who should deny TO Congress th
power to make such rules without any express clause
But not the Federal Convention: they untes toot
II their work, ii may be modestly said and allowed
Sc as we'll any who have attempted interpret
lie since. And yet the Federal Convention deemed i
necessary and proper, 10 insert express clause de
caring, that Congress shall have power
"Io make rules for the gOrernrnent and regdti0n
ID Ms Lsnd and .Narat forces"
$, This wonderful instrument is replet, with smila
instances of the NEST excessive jealousy of powers
l. piled; and
e 3d-Tte Republicans further declared, that witt
II them there unquestonubly dou rhatercr, thai
whatsoever the interests Of Learning of 7gr
ent"rc, and Manufactures twas MT within the sphere
l. OF the National councils, az far MS regards appca
J, ton Of money; and that with them, there
loop u hang doubt on, Of the right of Congress
h apply money TO power not enumerated in the Con
stlution; and the idea that Congress could apply
ncy, as well to powers not enumerated, 10 powers
l. enumera d, paIpable absurdty, and outrageous
IS mockery.
: The Republicans, meanwhile, had resolved TO run
Jefferson their candidate for the Presidency in OPP
position tn Adams, who had been chosen Vice Pre-
y dent under Washington. Adams succeeded as Pre-
sldent ny a small maior'ty-and pursuing under his
, administration the la,itudinous construction already
gwen to the Cons,itutionsuch the powerful OPP
position made 10 these principles and of the Fe-
denlls's that following them up, and avowedy with
= view to suppress the public Indignation, be
come extensive and profound in the phrenzy of party
e spirit, winch IS always blind, they passed
The SRDiTIos Law which declac-s that If am person
shall 'rrc, inter, pabh any ~rtag against the Co.
reT"snen. IF The trtsd Sotes, eihr House Of Con-.
grass, or the President, 'rM intent TO bring Mem
either IF them into contsmpt dsrtpnte, then sueh
ptTson being Mereof eOnricd, bore any Court Of the
United States haring jnrsde"n Mcrecf shall be punish
cd by tine not szeeeding tco thousand dollars, and by
an Imprisonment not exceeding too years.
This most extraordinary attempt 10 trammel 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 Repubcanism in
the affections of the great body of the people ut large
The Sed'tlon Law aroused {, The highest pitch the
just indignation Of an outraged people.
The General Assembly of Virginia takes The lead,
and passes hor famous resolutions of the 2st Deem
Der, 79S, pedgns all the powers of the State to op-
pose tnry jracon OF those principles, which consli.
ue the only basis of the Union.
These celebrated Resolutions deel.re, that the pow
rs of the General Government result from The COM
Paet ~ ,edeh the Suites parties and that, in
of pal pable and dangerous exercise of powers not
granted by the compact, the States are in duty bound