The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1843-12-08
From ihs Richmond Enquirer.
JOHN NICHOI,AS.-INo IN
10 ms People Of Yi,giaia more especially, and 10 The
People Of The United STATES gen,y.rLIy

/ T'o" "" Htth"so'd Enquirer.
| JOHN NiCHoLAs.-(No Ill
10 The People Of virgiaia more especially, and 10 The
People q hs United STATES generally.
Fellow -citixens The reasonings aud expostula-
lions OF the Republicans in opposition these lalit-
dinous constructions OF FEDERALISM produced no eff
feet whatever on them For they soon began 10 put
Their distractions into practice, BY
ist-incorporatingiin 1871, Bank Of the United
states as conducive TO the successful conducting Of
,he Na'onal Finances, and tending TO give facility
2d-By appropriating moaey 10 po,oeys not eaunsrai
| ed IN the Constitution.
Immediately after the intention to charter the Bank
o. tho United States was announced by Hamilton
when the bill came before the House of Representa-
tives-Madison separated from his great and good
friend and made his unanswerable speech against the
power oi Congress TO create, by Bank Charter, a
moneyed class, with distinct privileges, not common
70 all me people. This great speech, and his deter
mlnation thus announced TO defend the Constitution
which he had sworn to support, 10 preference TO
yielding to his old and valued friend, doubtless won
Tor him the affections Of his country, which, in due
process OF time, placed HIM in the Presidency JEFF
efson TOO enters his protest against this Bank, and
| soon thereafter retired from an Administration, 10
which he was acting the first Secretary of State
mus setting safe precedent, deserving of all imta-
ton, that whenever the principles Of an administra-
on conflict with greatprncipes of the
rs the duy OF patriot to retire from such an adj
m'nistration, and no longer to give countenance to
its support by retaining seat of the heads of
Departments La tn scale Of principle with these
iiusrious patriots at that day, Friendship weighed
| but as feather against the Constitution which they
had sworn to support.
ms charter OF Incorporation was resisted by the
| Republicans, because, said they
LIST. The power to incorporate is not found among
The enumerated powers because il was the creation
| OF corporation in the bosom of People of equal
rights by an association Of favored individuals taken
| rom 'he mass OF The society, endowed with vested
and legal rights, to which the People have no claim
and which, according TO the preson set up no suisse
qusnt congress eau repeal and this favored assoca
on OF individuals not made responsible for their debts
only IN limited degree, rhie the People large remain
liable to the iulles. extent Of all their property of
| whatsoever kind. And
I'd. That the power to grant charters of incorpo
ration, cannot be claimed as power necessary and
proper to carry into effect any Of the delegated and
| enumerated powcrs-more especially, because, in
the Federal Convention, there had been three seye-
RAJ, separate and distinct propositions, TO give to
Congress power to grant charters Of Incorporation as
an additional power TO the eighth Section of the first
Article OF the Constitution of the United States
and that "aier three days ardent debate on the special
s"cecf IN mat body the po,o rejected aud stricken
out uponthe principle, that potcer too dangerous
TO De rested infhe General Government"
Such are the memorable words of Madison, in his
most memorable speech in 1871, in opposition to the
consttutionaly Of the power of Congress to grant
charters. Such was the safe simple and most yalu-
lion 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
3Olh March, 1896 ia which he states, that having
been member Of the Federal Convention, he kne,o
the principles which the Constitution was
iormed"-and that the proof that power was not in
the Constitution was to be found in Journals of the
Federal Cunvention-that when proposition was
made and explicitly rejected that this rejection was
proof that the power was not in the Constitution.
rule most safe, most beautiful and simple, great
valuable, because it is level to the comprehension
OF all However necessary then power may be,
when II has been asked for in the Federal Conyen-
ton and refused, it can never 'be proper,
That II such power be wanted it must be asked
Tor and obtained according to the 9Th article which
prescribes the only method to the exclusion Of all
Others by which powers 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 commended, that the
Constitution Tears on its face the extraordinary
instances OF profound Jealousy of powers be exer-
cised by implication, and to place this fact IN its
strongest colors, it will only be requisite to cite one
among numerous other instances
The LIST Art, Sec. 8, clauses 10 and l3 declare
that Congress shall have power
"1o support armies
$40 p,0ede and maintain narpr
10 mind accustomed to claim power by implica-
great and important powers, that of making rules for
The government Of the army and navy, dad not fol-
low by necessary aud 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, il may be modestly said and
allowed as well any who have attempted 10 inter-
pref II since And yet, the Federal Convention
deemed II necessary and proper 10 insert express
clause, declaring, that Congress shall have power
TO make rules for The gorernmtu and regulation Of
The Land and Naval foreesn
This wonderful instrument is rcpete with similar
instances OF the most excessive Jealousy of powers
implied and
3D.. The Republicans further declared that with
them, there unqucstionably doubt ,oharer that
whatsoever concerns the interests Of LEARNING of 2g
rieuh,re and Manufactures "was NOT within the sphere
of the National councils, far regards an appli
ton OF money and that with them there not a |
loop TO hang doubt on, OF the right Of Congress TO
apply money to power not enumerated in the Con-
st'u,ion aud the idea that Congress could apply mo-
ney well TO powers not enumerated as 10 powers
enumerated, papable absurdl'y and outrageous
mockcry.n
The Republicans, meanwhile, had resolved TO run
Jefferson their candidate for the Presidency in OPP
position TO Adams, who had been chosen Vice Pre-
sdent under Washington Adams succeeded as Pre-
sdent by small msjority-and pursuing under hi
administration the Iatudnous construction already
given 10 the Constitut ion-such was the powerful
opposition made to these principles and acts Of the
Federa.ts, that following them up, and svowedIy
with view TO suppress the public indignation, now
become extensive and profound in the phrenzy of
party spirit which is always blind, they passed.
The SEDIrios LAW, which declares, that u any
person hau ,orte utter, publish amy priiing against
the Gorernm, nj II The Uniied States, eih House Of
Congress, or The President ,oh intent 10 bring them
,ithsr Of them, into contempt datpme, then such
person bel Thereof oonrio'ed bdre any Court n Me
United Sfa eihorng juri.oi ton tie Of shall be pun
ished by a fin, NOT eIcee 4 fro thousand dollars,
and by an imprisonment MOI erceeding tro years
THIS most extraordinary attempt 10 trammel and /
check the right of the people freely examine into