Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-10-14

nize II closely, In The first place, utterly cehy
| il.al he Bank Of al vas mace 10 great o3'eh
by those who framed the Constitution. mere
were only l6 Of the trainers q me C'bs''t", ,I
mcmheis OF The Congress oi -, anu - ~.
sixteen len voted for ne BANK di''s IA eSa'nn
il; leaving majority Of iouf lo' ,"I D" ',a,C
ON the passage of the BIZ, me wno!c VOC
stood ayes ,hir,y. nine noes nineeeni being ma
iorty OF 20 forth bill You observe, then, tha'
| iuderendent Of lie uur majority 81 The members
! Of The Convention in ia:o' Ui tir y, u never
thelcss would have passed. BY maJoIny ., ~
With what reason, ,hcn can II " saii' tud1 'i'e
| verv men who framed the CONSTITUTION 10 stcd'
extent" made The Banh} But lie fact OF tue
! Bank ; being INCORPORATED only ,wo years after
| the Constitution vert into Operation, shouIi ho'
/ have much weight with a iiepu"lcdhi 70,
! is notorious that OF he - VINO 'o9e" .'i w ~
Bank in The subsequent divis'on " Pdi"es,
were Federaliss, and Of Inc " VINO voeu asall's.
/ il, IA were Republicans. Now, SINCE you say
your party is distinguished for "strict and unde-
WAITING adherence" 10 The Constitution, Inc e>tao-
1 lishmeni Of the Bank OF l1?l by parry nolo-
rious for acting contrary % u, should mol "e'sh
! feather with you. !,
/ UMg.-Well. really. begin 10 ihins, with
my Uncle Toby" that much can De sa'a On
| both sides
| Dem--So far. have been cnly combating
1 your arguments in favor OIL ire cohsu'u''oid'i-
t. OF The Bank. shall now advance some oi,
my side OF the question, which chaliensc anu
defy you 10 Iefule, il you can In The Conven-
lion that adop,e the Constitution, the proposition
was made 10 give Congress The power 10 moor
pora.e, and il was rejected. Now, all must admit
that a Bank is a corporation. When, Then, The
Convention refused 10 Congress the power 10 IN
corporate, the power 10 establish Bank must al
so have been prohibited.
Uh;g-l DO not consider his argument al all
conclusive TIE proposition was 10 give Con
oress the great substantive power OF granting let
crs OF incorporation in all cases whatsoever.
+ The Convention refused 10 do this Bu' Goes ],
/ follow, Tia. because The Convention refused 10
confer on Congress The srccpin", snbsfanttrs POW
er Of incorporating in all case, whatsoever, u
| was intended Congress should mol exercise The
I limited, inciGcL.Gi power OF charlerDs Bank
/ Dcm.-I perceive you have been suied and
/ deceived 10y The sophisns Of what has been Wis-
called THE Fair Proposition" II The PROPOSE
lion in question had been the only one made IN
/ The Convention III relation 10 corporations ihen
! your objection might have some little force. But
| such is no, The iact. For there were three sepa-
rate and distinct propositions made 10 give Con
gress the power 10 incorporate and every one re-
I jecled- see Madison Papers Vol. Iii, Page
1913 lone Of The propositions offered was as
/ follows: That Congress should have the power
10 grant charters oil incorporation where me IN
lerests of The United States might require, and
the legislative provisions Of individual States
NAV be incompetent" This was not PROPOSE
lion Ia be.,ow on Congress an unlimited power Of
incorporation, bui the limited power Of inco;rora-
,irr only where the Interests OF tie United States
demanded andhe authority of individual STATES
might be incompetent. Yet this WAS rejected
So you perceive that Inc Convention refused Ia
confer on Congress 10th the Uni,1fifoG and hpited
mower OF incorporation. But ;hi> Is not all. By
reference 10 the iih volume ui .lcicr>ons Me-
moirs. YOU will find that after the general F!oro-
s,ion 10 cree, corporations" wa> rejected By the
Convention, VI Robert Mori, proposed 10 give
Congress The i,fniie, the limited. The particular
power 10 establish National Bark, which, after
debale. was rejected. Ard ills be rccol'ecicd,
moreover, ha, Mr.. Morris va, notorious
Federalsl; yet he, although givin. the most la!i-
rudiuous construction 10 The Constitution, did not
believe it conferred The power q Congress OF
chaitcring a Bank.
uI,g-lt Mr.. .Ieirerson's siateIen can be re-
lied on as correct, il is certainly urciblc otJec-
lien 10 he cons;iinlonalily OF Bink.
I)sn-If Mir Jeiierson's yeraciy was ever
doubted, am vet 10 be informed Oit. But there
i another argument shall urge against Bank.
whicI is conclusive 10 my mind least. i i
deGuccd from he ,olicous care OF he trainers ol
Tie Constitution Ia leave rs few powers IL con-
s,,ucion as possible. For e>amlle, Congress
hi. the power 80 declare war" Now II is cvl-
don; that The powers 10 raise and sppofi an ar
my. Ia provide and mainain a navy are clearly
embraced in The power 10 declare var. But $"
cautious were the makers Of The consnlian
against The exercise Of implied pow.fs, that they
inserted in The Constitution The pover Of Con
gress over Inc Army and Navy, Notwithstanding
they were virtually inclnded in 1t, principal
ROVER 10 declare war. Now, according Ia Mr..
Clay, whose Political opinions are considered
axiorus Is you and youi party, The lower 70 IN
,or,orale 5 rae oi ''ihc most cXal.cd i'ftre> ct
scyrreisn,r.' VIII. il tLe iiame!s f! IL Con
.,ii,iion were - careful IL guarding igain>. con
siruclon, as TO INSET 10 ihe Constitution powers
hal were evidently snbor inale TO offers alreaGy
granted, does il not follow foriic7i, that il thev
intended Congress should exercise he gigantic
power CT establishing Mammoth Bank. they
would have enumerated i; IN 'le Coi.iuii"n, es
pccia!ly as il is NOT clearly incil-nlalo any >ie
ciie, power, tut, as Mr.. Clas said, "a rdefan
power, wandering M and du"'n The Constitution.
10 find conscnial sro; whereon 10 assent II
this reasoning ail 10 bring conviclin 10 your
mind il IS because
.To convince n man against his vii