Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-06-18

| guage is inaccurate. A body which is
| subordinate 10 a compact, which, is sub
ordinate to another bsdy, can scarcely be
| said 10 be supreme. ~
The supreme court have said, that the
great powers granted TO the government
! cannot be supposed TO draw after them,
| such powers only, as are Inferior. have
already given AN answer to this posi-
| ton in addition, will say that the
powers taken into the service must be
necessary and proper" 1T is "A sephism
TO say, thai the annexation of the last
word TO The first enlarges ats Specification {:
both these terms are requisite To define,
completely, the character OF the power.
II must be one which is not only proper,
| that is peculiarlto that end, but also neces.
sary. i shall refer more particularly, pre-
sently, te the meaning oi these terms.
The court is ofopinion that The right TO
establish bank, stands on the same ioun-
daiion with that 10 exact oaths of office,
and that he would be charged with in-
sanity who would deny TO congress the
latter power Ofbanks | shall presently
show, that while they are not necessary
10 the execution of any power, they, CUT
deeply into The reserved rights OF the seye
raj states. In both these respects The IA. e
Of oaibs is widely different. ....l would
charge Ran, with insanity who would say
that under the actual slate Of the world
they are not necessary. They impose on
some men, at least, solemn obligation to
tell the truth they do il by appealing to
future state ofreway and punishments.
The convention itself has settled tins point
by exaciing all oath from the preSiden,
aud from other public agents. IL i, is
necessary for the highest otficer III the
government to stand under this solemn
sanction, much more ought those whoare
inierior.-So while these oaths are
necessary, they are entirely hdrmtesS.....
They invade no rights of the state gov
ernments, or of the people aud the
ground on which the objection rests III
the case before us, has no existence as 10
them.
The denial Of the right TO establish
banks is also said, by the supreme court,
to carry with il the denial OF that OF an
nexing punishments 10 crimes. That
punishment is indispeusabiy necessary
il is a sine quo non of the prohibition OF
crimes. A penal law without d sanction
is unknown among civilized men; and
that sanction is always ptndicatory rather
than reumneratory h.
Several other cases put by the supreme
court OF This head stand on the same
foundation and are susceptible OF the same
answer. In all the other cases, also, the
powers implied are necessary to effect the
specific objects OF the grant. SO, Oh ihe
other hand, they work no injury to the
rights OF the states or of the people.
What are we 10 think Of the case be-
fore us, when the analogies resorted to, TO
support il are so widely different from 1t!
The supreme court is further of opinion,
| that the power of incorporating banks is
justified by the admitted right ofcomgrvss
| To establish governments, Tor the vacant
territories of the United States; which
| governments are also said to be corpora
tiens.-ltis astonishing thai the court did
| not perceive the difference. These ter
| ritories have no other local legislatures,
but the congress: and consequently, con
gress has the same power in item, IN this
| particular, as the state governments have,
| in The several stats. The erection OF
| such governments also invades no right
of any state IL is not only harmless as to
| the states, but absolutely necessary for
| the preservation OF this part of the public
property. This power is as harmless
| as TO the states, as that, even, OF I'M
| posing oaihs.-I'his view OF the subject
makes il unnecessary 10 consider the Ell
Il ~
| tIoD-authoTiziUg congress 10 make " all
neediui rules aud regulations" in regard
| 10 such territories. These words, alone,
il is at present supposed, would be suHi-
eient 10 carry the power.
| leone now, 10 ascertain, more particu-
larly, The meaning of the terms neces-
sary and proper" used III the constitution.
| | have, before me, Johnsons Dictionary,
| which is believed TO he the best in the
| English language. BY ii ! find that
necessary" means" ncedfui," indis-
pensably requisite :" and that "proper''
| means " peculiar" not common or be-
longing ts TO justify measure
| under the constitution IL must, therefore,
| be either '' necessary and proper" or
which Is the same thing ' lndispensably
requisite" and f'peculiar" 10 the execution
OF given power. So far from the bank of
the United States being peculiar to any OF
| the given powers, its friends have moi yet
| agreed upon the particular power 10 which
| isis 10 be attached Hence il is, that the
| present bank law ia wholly with0ut pre-
ambie, stating the grounds on which It
"as predlcatcd. At the same time that
| congress were under this inability, they
were not able 10 agree with Mr.. Hamil-
| ton, as 10 the grounds of the first bank
law, nor with the supreme court. They
could not agree with Mr.. Hamilton, that
II should be adopted because it would be
" conducive To the successful conducting
=" OF the national finances, tend to give fa-
Gritty TO the ob'aiaiug of ioahs and be
" productive Of considerable advantage
" 10 trade and industry in general" The
supreme court has admitted an incorpo-
ration not 10 bepecuiiar to any of The pow
| ers, by conlendIng that il is d mean com
mon 10 many ends, such as building CT
ties and the like. This power, therefore,
to say the least, is moi peculiar OF necessary