Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-05-23

water.
ITO raise and support armies but no appropriations
of money 10 that use shall be Tor longer term than t%o
years
ITO provide and maintain navy.
"To make rules for the government and regulation Of
| the land and naval forces.
$40 provide for calling forth the militia, 10 esecrs
the laws of Tie Unon suppress instructions, and repci
| nvnsions.
"To provide for organizing, arming and discplinInr
the militia, und Tor governing such PAT; OF them as may
Ice employed in the service OF the U. S; reservng 10
the States respectively, the appointment of The officers
aud the authority OF training The militia according
the discipline prescribed by Congress.
"ro exercise exclusive legislation in all cnses what.
soever, such District (Uot exceeding ten miles
squarr may By cesson OF particular States, and the
acceptance Of Congress, become The of The Goreru.
nent Of The U. and 10 exercise like authority over
ell places purchased by the Of the Legislature
nr he Sa:a in which the shal! hs, for the
ton Of forts, magazines, and other neediul buildings
And
80 make all laws which shah be necessary aud pro
per for carrying INTO execution the foregoing powers
and al other powers vested by this Constitution in the
Government ofhe u. or IN any department officer
thereof"
In this Digest Of The plan made by the Committee
of Style and Arrangement, the 12;ii of September
and presented by DR.. Johnson, is found neither the
limited power 10 grant charters, proposed by Me Ma
olson on the 9Th of August, the unlimited power for
the same object proposed by Mr. Pinckney on the came
day
But on the lith OF September,
! Qll. Madison Papers, 1870 "Dr. Franklin moved
to add, after the words post roads, Art, J., sec .,
power fo pTocide for cutting canals achere deemed ne
ccssdrY.
"hr. Wilson seconded the motion.
I stlr. Sherman objected The expense IN such cases
will fall on the u. s. and the benefits accrue TO The
places where the canals may be cut.
n "Mr. Wilson. Instead of being expense 10 the
u. S they may be made u source OF revenue.
ssRr. Madison suggested IN enlargement OF the mo-
ton into power 10 grant charters oil lncorporaten
where the interest Of the United States might require,
and the legislative provisions Of individual States may
be incompetent His primary object was, however,
10 secure easy communication between the States,
which the free intercourse now to be opened seemed to
call for. The political obstacles being removed, re-
movu Of the natural ones Tar possible, ousht 10
follow
"alr. Randolph seconded the proposition.
"hir. King thought The power unnecessary.
"Mr. Wilson. 1t necessary 10 prevent STATE from
obsrucllng The general ,ct!tart
"Mr. King. The States Will b. Preiudiccd, and Ct
vided into parties by it, In Philadelphia and New
York. II will be referred 10 the establishment n
Bank which has been subject OF contention IN th"se
cities In other places, II will be referred TO mefean
tile monopoes.
sMr Wilson mentioned the importance Of facilitating
by canals the communication with Tie Western celtic
menis. As 10 Banks he did not think with MIR. king
that the power that point of view would excite the
pr5udlces and pares apprehended. As To mercantile
regulate trade.
, "Colonel Mason was for limiting the power 10 the
single Of canals lie afraid OF monopolies OF
every Sort which he did not think by any means
already implied by the Constitution, as supposed ny
Mr. Wilson.
"The motion being modified 10 admit distinct
question specifying and limited to the Of Canals
"Pennsy vana, Virginia, Georgia, aye
"New Hampshire. Massachusetts, Connecticut, New
Jersey, Delaware, Maryland, North Carolina and 3
: Carolina, nos.
1.-THE other part fell of course, as including the pow
er rejected.
Monday, September IL.
In Convention, the engrossed Constitution being
read, with single alteration, (lll, Madison pa
pers, 1920 the 18th of September, l7:7, the Con.
vention signed the Constitu.lon II has been Come
times, not always,) published to the world.
r We here three separate proportions, 10 give 10
Congress The additional pawer gran! charters II in
corporation, two The 9Th 81 August and aG3her on
the l!.h Of September only three Gays before ihe
Convention rosc and no where DO THIS power
inserted in the plans, the CONSTITUTIONS finally
adopted. On the contrary, the l4ih September,
wc fud the power rejected by vote oi-ayes j.
noes 8.
These questions here present themselves Was the
power 10 grant charters Of Incorporation, the plan
OF the Constitution, reported the 9th of Au
gust Was this power in the plan, reported the
l2th Of September, Was il in the plan Of the Con-
stitution, the l4ih OF September, when Mr. Madi-
son proposed TO add it as additional power And
it, nevertheless still in the plan after such rejection ?
Dad Mr. Madison, did the Convention, the Eth
September l- believe, that the power to grant
tcrs Of nc"t porlon, IN 'ih!s Constitution for
the L. States, signed b. them 1t tho moment,
when signing the Constitution, Gid Nj Madison be.
lieve, when aixing his TO that instrument that
/. confined power vested in the Congress Of The
United States 10 grant charters Of ncor 90, alton -
Had be been asked If Congress-, under the Constiin
ton, had this power, what must have been his re-
ply,
Al that moment Of time, conceive of but one
answer 10 this question from him. file would have
said: The Convention which framed the Constitution
has been very nearly ionr months IN session. During
the whole Of this time, this lustous body of statesmen
and patriots have with great jealousy and care ennma.
rated the powers which they have intended 10 yes,
in the Federal Government all powers not gwen.
are considered reserved. | exceedingly DESTROYS
that this power grant charters should be We. ted IN
Congress. Thrice the proposition nada in the Fe
derai Con venon 10 this power in Congress twice
By myself, and ~ General Pincknev; and at no
time was II ever admitted into plan II, al future
day, such power should be found necessary We have
had the precauton by article " 10 point out precise
mode in which the power desired can be given 10 Con
gress. cannot be mistaken, fellow citizens not only
from the nature of the instrument and the mode of s
iormation but never believe, for a moment tba,
the members OF this Convention have been pablo OF
nsing language which would convey to the eve one idea
and after deep reflection, impress the mind another
No, fellow citizens, this is impossible We IN ye taken
care 10 explain The general terms used IN the Cpnsiin
ton by express enumeration which limits them
We have taken that it shall not be altered 4, the
pleasure ofu majority Of the Congress The represen
ta,Ivcs of the people, whenerera momen,ary url,na
ton happens lay hold Of majority OF their const
tuents Incompatible with the provisions in the existing
Constitution would not That accent lc ius,I6able
IN violation of those provisions. Until the ppnpIe
have by solemn and authoritative act annulIed
or changed the established form, it is binding uoon
you, felIow-ctzens collectively, well as indyidu
ally; and no presumption or even knowledge of your
sentiments can warrant your representatives in depar-
ture from H. prior to such act. Its the Supreme Ia w.
No law not IN pursuance of the Constitution is valid II
rests The sancy of en- oath. All officers the State
and General Government, all the members Of The State
legislatures and of the Congress, are bouod by an
oath, TO support aud defend t-(Federais No 7S)
Such, we may Ia''onaiy suppose, would have been
Mr.. Madison reply upon the rising Of the Convention
if he had been asked, has Congress by the Constitution
power TO grant charters Of Incorporation:
But fortunately we have his reply madc in case in
which ths very question has been put in issue.
In 1871, The power to grant charter OF Incorpora