Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1811-05-01

reetion Of light houses does t-cliitate the safe
arrival of vessels in port, and congress there
fore can exercise this right IS incidental to the
power to lay imposts and duties. But nis
said the advocates of the bank differ among
themselves in fixing upon the general power
to which the right 70 create p-.lH IS incident
Al and that this difference proves t.cre is no
;,c;dentaIitv, TO use f,vurlte express ION, be-
tween nat and any one Of the enumerated g.
neraI powers The same reason Can DC urged
with equal force against the unconstitutional
~ of every law for the erection OF light hou-
ses Let the advocates Of this doctrine lay
their finger upon the power TO which the
r;gbt of erecting light houses is Incidental. Ii
c,n he derived with as much apparent piaus.
h;,;t, and reason from the right to lay duties,
IS from the right ,<regulstc commerce. VIZ
is there now in TINS body who has not voted
Cor Tie erection of light house! And o Man
,.ho reads one Of these will believe 1t to be-
,..r,,,,,;on Of commerce. And no man In the
n.t;on so far as my knowledge EXTENDS, has
a..ar complained of the exercise OF this pow.
-. The right to erect light houses IS exer-
cised, because the commerce d the nauoh' O.
the collection of duties, Is greatly facilitated
bv that means and, sir, the right 70 ciea'e
hank is exercised, because the CORRECTION q
vonr revenue and the Sale keeping ihd easy
ard sDeedy transu,ission OF your pubic H.
nevi is not simjtly fuclitcfea, hut because thee
mtortant objects are more ftytefls sfs~rd
nv the erection Of q bank than my CO" De .!
ouU other means IN THE fosru' q human mag.
,,o,;oy ro deuise. We say therefore In TIE
words Of the constitution, ti!it o"iik Is lie
cessary and proper to enaole the government
to carry INTO complete effect the figA! ~ iy
and collect taxes, imposts, duties AID excl
ses. We &c rot say that the existence oi tie
government absolutely depends upon the ofe'
rat;ors of bank, but th,. natioii-A o'.!1k e.'
;.bles the government 70 nanase Its hscai con-
Germs more adval1tag, ouslv than It coutd co ~
snv other meals. Ihe terms necessary ala
nroDer, according to the construction gwen TO
every mart of the constitution, impose 10 IL
initiation upon the powers previous! uc's6"'
ell, il these words had been Cinitsco u '''0
clause giving authority to pass laws 10 carry
into execution the powers vested oy me COLI
st;,ntion in the national government, sun con-
rress would have been bound to pass laws
which were necc ssary ard proper, ana hot
such IS were unnecessary and improper. Eye
nv Legislative body, every person invested
with power of any kind, is morally Bound 10
rs- ONLY those neaI,s which are necessary ana
proper for the correct execution OF the pow,
ers celebrated to them. But 1t is contended
that if bank is necessary and proper tcr the
management OF the fiscal concerns 81 Tic ha-
zion, vet congress has 70 power to incoipo'
rate one because there are state banks which
n.y be resorted TO. No person who has un-
dertaken to discuss this question, has as tar
as CIV knowledge EXTENDS venturcd to declare
that bank is rot necessary. Every man ad'
mits directly or indirectly the necessity OF re-
sorting 70 banks Of some kind. This adinis-
sion is at leas. an apparent abandonment OF INC
constitutional objection, tor, II oahS Is ne
cessayy and proper, then have congress inc
constitu .ional right 70 erect oank. ous tiiS
is denied. Il is commended that this idea rests
alone upon the presumption that the govern
roent OF the United States is wholly indepen-
den, Of the state governments, which Is NOT
the fact. That this very law Is dependent
unoa ,be state courts for its execution. This
is certainly not the fact. The courts OF the
United States have decided, In the most So
Tenn manner, that they have cognizance OF Ill
cases Affecting the bank OF the United States
Sir, j, is true that the government OF the CAl'
ted States is dependent upon the state govern
ments. for its organization. Members OF both
houses of congress and the president OF the
United States are chosen 5y the state govern
ments or under the authority Of their Laws.
But it is equally true, that wherever tie COZ
stitution conhdes to the state governments lE'S
right to perform any act in relation TO the ie'
derai government, IT imposes the most So
lcmn obligation upon them to perform INV
act. The constitution of the United States -
to these particular acts is the constitution oI
the several states, and their functionaries az
sworn 10 support 1t.
Speech 10 Be c9'ithrsd.1