Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-04-12
FOR THE ENQUIRER.
TO TIE PEOPLE OF vIRGlNIA-lNo. w
NATIONAL BANK.

The people OF the several Suites plainly intended to
limit The powers OF their General Government. And
tue federai Convention abored with patriotic wisdom
to effect That end, and 10 present the people Con-
sttu.ion suited TO their wants They resolved too 10
adopt or recommend nothing that might tend to defeat
the adoption of tina, Constitution by the requisite num-
Der OF States. And were there nothing to prove
that the trainers Of the Constitution never denied nor
discussed inc power OF Incorporation, perceive
principle Of Interpretation that fairly authorize the
Legislature OF the United States TO That power.
When The Constitution was under considerations the
fear was expressed by many that the omission except
particular powers might expose those powers the
dangerous vortex OF construction, and draw them
within the powers expressly granted more especially
within the power TO make all laws necessary and pro-
per for carrying the delegated powers into operation
But this fear was removed by the frequent
ha, the powers not delegated were reserved and that
powers were delegated but those rated in the
Constitution or fairly incident 10 the true meaning and
execution OF the instrument Ii this assurance was
indispensable 10 recommend the Constitution and TO
procure ITS adoption, 1t was equally indispensable TO a
just and honest Interpretation of its powers. This
fully admitted at the time, and proclaimed TO the PEG.
pie. And hence, when the question arose, whether
the doubts and dangers nscribed TO the Constitution
should be settled by amendments prior to the ra,iica-
ton, or be postponed until such amendments could be
procured in the manner provided by the Constitution,
The latter course was adopted and, IN many OF the
States the ratfcatons OF the Constitution were al
tended by proposals and instructions 10 define the Con-
stltuton, and to protect from inference and invasion the
rights and powers not contded to it. And the amend
ments to The Constitution accordingly decare, that
powers delegated 10 the Government shall disparage
the powers that not and that powers not delegated
shall be considered reserved to the States the PEG
pie.
The 9Th article of the Constitution declares the
mode, By which powers denied may be conferred
And, unless that mode be pursued the representatives
of the people cannot exercise such powers The very
instrument Itself inhbi;s any enlargement of it's pow
e1s at the pleasure of me jority of Congress Many
concmporancous authors have ably sustained this
sound and rational duerne but We vii! only IT
for what is clear in reasoning can hardly nee
The confirmation OF authorities "Un the eople have,
BY some solemn and authoritative act, annucd or
changed the established Constitutions it is binding up
on you, Citizens, collectively as we'll as indvi-
dually and no presumption, or even knowledge OF
your sentiments warrant your represe natives in
any departure from II, prior to such act
But there is clear and ample evidence 10 prove tina
the poorer incorporate proposed, discussed and
denied IN TIE Federat Contention hch framed the Con-
s,itgtion The Madison Papers, published in 1910,
prove that in The Federal Convention three separate
propositions were maas 10 gire Congress The iorer 10
grant charters If incorporation and that crery attempt
rest the Government the po,cer TO Incorporate, IN
creased tie determination Of the Contention 10 resist il.
I Ga Mondiy, August 9th, Mr.. Rutedge delivered
in the Repo, of The Committee of Detail. That Re-
port enumeratcs The powers, which the Committee pro-
posed TO vest in the Legislature Of the United States
But the power to incorporate was not among those pow
ers And twelve days afterwards, to wit:
"On Saturday, August the 18th, in Convention MIR
Madison Submitted, order to be referred 10 The Com
m,ttee OF Detail, the following powers proper TO bt
added TO those OF the General legislature; and among
them is the power 80 grant charters Of incorporation
in cases 1chere the pubc good may require and The
authority OF single State may be ncompetent'-(lll
Madison Papers, page l513)
On The same day. Mr.. pnckney also proposed GER
tain powers proper be added the powers OF The
Legislature; and among them is the power ",o grant
charters OF incorporation jill, Madison Papers,
lo43)
These propositions of Madison and Pinckney were
with the previous report referred back 10 The Com
mi;tee who, on the 18th September, fully reported 10
the Convention digested plan, which omt' both the
hmited power TO grant charters, as proposed by Mr.
Madison and the un,,mited power, for the same pur
pose, proposed by Mr.. Pinckney.
"On the li,h September, Dr.. Franklin moved &c
add after the words post roads, article |, sec ),
power TO provide for cutting canals where deemec
necessary.
"Mr. Madison suggested enlargement of the mo-
ton, into "a power 10 grant charters Of tneorPoraNoh
chere the interests of Tie United States might require
and the legislative provisions OF individual States may
be incompetent
"The motion being so modified as to admit distinc
question specifying and limited to the OF canals
II was lost-ayes 5, noes s.
sThe other part fell of course including The power
rejected Oil Madison Papers, 1850
Il Thus, three distinct propositions TO give Congress
the power grant charters of Incorporation, were sub
mitted and voted doRp and the 18th Of September
only three days before thelles proposition reject;
ed, the Convention signed the Constitution, and recon-
mended it as the supreme law. This undsputed hs,o
rio fact ought 10 be final and conclusive was so re-
garded by President Washington, after he signed the
charter OF the bank For, 1906 formal call by the
House Of Representatives made upon him for the
official papers which related 10 Jay Treaty The Pre-
sdent refused to transmit the papers; stating that N
the Convention which framed the Constitution, an un
successful proposition made 10 give TO the House
participation in the reatg makng power; and that be
could not recognize power in the ouse which het
been asked for it, in the Convention, and denied b.
that body
In The great debate which occurred in the House o.
Representatives. in February, 1871, on the bill to char
ter the Bank, Mr.. Madison said
"The power 10 incorporate a bank cannot be consi
deed an accessory subaltern power to be deducet
by implication a means Of executing another power
Il is IN its nature, distinct and independent and cub
staptial prerogatve, which, not being enumerated II
the Constitution could have been meant to b
inc uded in it, and not being included could never b
rightfully exercised
alt appeared on the WHOLE that The power exercised
by the bill was condemned by the silence of The Con
stitution was condemned by the rule OF Interpretation
arising out of the Constitution; was condemned by 1t
tendency to destroy the main CHARACTERISTICS OF TIL
Constitution; was condemned by the exposition OF tn
friends of the Constitution, while depending be.o
the public was condemned by me apparent l'en'oh
Of the parties which ratified the Constitution wa
condemned by the explanatory amendments propose
b, Congress themselves to The Constitution, and n
hoped the bill would receive its final condemnation
These were The settled opinions OF statesman, VIII
had wisely expounded the doctrines OF the Republican
pary, and proved und maintained, in his golden prime
the authority OF The Constitution oVeleVely oePa''"e
of the Government.
Yet, agains, this settled history, given by the mos
DISTINGUISHED members of the Convention, you ar
asked to relieve and to acknowledge, that The power Il
Incorporate banks granted to the Government
and that the greatest expounders OF the Constitution
intended 10 deceive you, the Wings have done, t
convey one idea to the eye, and another to the mind
But there are more reasons than even Mr. Madison
ASSIGNED for denial of the power to incorporate
; bank It was feared and asserted that the bestowa
of the power would induce the people 10 reject TIT
Constitution.
"Wben the Bank bill under discussion IN th'
House of Representatives, Judge Wilson came IN, ant
, was standing by Baldwin Baldwin reminded h'm
the following fact which passed in the grand Conven
ton Among the enumerated powers given TO Con
oress was one to corporations !! was on debate
struck out. Several particular powers were then pro
!, posed Among others, Robert Morris proposed t
l,l.ch Nofio Tnnk