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

a door, to the powers OF the general go
verDDent. In relation To the power Of
! quellmg Instructions, for eXamplc, the
incidental power heretofore replied, has
been limited TO that OF ra,sing armies,
and applying force against the lt,s agents.
Yet II would be rery c0',ductre q tie end
OF suppressing Instructions 70 i}rcvent
them. by establishing good sysleips OF
religious and moral instruction.. H.lat is
"a means highly Conducive To This eud, and
on the construction OF the supreme court
would justify congress IN taking our
schools and churches into their care l.
This construction wouls even give con
gress night TO d,say1n Tie people, az no
| thing is more c0nduciUe 10 insurrcction,
than having the means 10 make ,ucc SIS
ful-Tbe latitude OF construction now
favored by the supreme court, Is precise
ly that which brought the memorable
sedition act into our code. The object
OF that law was, 10 prevent sedition BY
| The people, and as conducire to tElir, end,
! all anfa,nmat0ry publications in fbe.ne&s-
papers were prohibited j.! Thxt la vita
however been secuted from the American
code. Although prohibiting sucHpubli
cations might be comductre to the end IN
view, il has not lately been considered as
d direct and Incidental power, within the
II is supposed by the court that the
word d" necessary is not 10 be taken
in tlie sense contend for, because, in
another part of the constitution, the term
indispensable" is added TO il. II there
be any essential difference, between in
dispensably necessary" and T" isdispen
| SADLY requisite" Zone OF the meanings OF
| the word necessary" given by Johnson,)
| am not able To discern II.
Again the supreme court has said, that
| congress may use any means appropr
ate or adapted to the end" They have
NOT ina, latitude Of power, unless you ex
OUNCE the word necessary" from the
| constitution.
has Intended, Mr. Editor, 10 enterinio
more detailed enquiry as to the const-
,utionali,y of the bank OF the u. States.
| Thar however is but single measure,
and must probably be submittedto. With
| respect to il, the MAXIM factum vaiet
Jfe,i non de6et" mast, perhaps, apply. |
| would yi,ld to il on the single principle.
OF giving up part TO save The whole.
| principally make war against the decla
| ratory decision of the supreme court,
| giving congress power to" bind us in all
cases whaisoever"-That measure (the
bank) has, perhaps, so entwiued itself
! into the interests and transactions of our
| people, that ii may not, without difficulty,
| be cast off. There IS great difference,
too, between particular miractions Of the
constitution, and deciaraiory doctrines
having The effect to change The eonsiiiu-
| tion.-That bank, however, is certainly
not necessary 10 the ext tence OF The general
| government. 1t is not more so, than the
| banks OF The several states. Ii may +,
| like the state banks, 'efnSe;o lend money
TO the general governmental with a
| view, 10 secure these loans congress should
take the bank entirely into lis own hands,
IL would so augment the powers of the
government as 10 endanger the liberties
| of the people. The old bank. expired
before the late war commenced, and the
pr, SEM one was only established since
the peace; so that our country got along
| without it, through bloedy war, agains,
a most powerful nation, and when band
OF internal traitors was arrayed against II.
| After this, can a bank be said 10 be essen
t,aL TO the existence of the country Rus.
7 STA, Prussia, and other European govern
| ments, OF high rank. have 20 bank, nor
had England, prior 10 the period of her
revolution. They are, therefore, not in
dispensable. While tins institution is
not necessary, IN relation 10 the government
Of the United States, IFS establishment
cuts deep, on the other hand, into the
rights of the several states. Among other
objections 10 II, coming under this head,
II enables the corporation OF the bank
by its by tawS, To repeal the laws of the
several states (S7 OF the act establishing
the bank ~ right only given to the
congress itself, by the constItutieni and
thai only when acting under its provisions.
1t repeats a right before possessed by
| nj lao tat. IN ~ f.ap lie
within their territory. Ii mandates them
with paper money, under pain of submit
ting 10 that evil, or breaking their faith
with their own banks, previously esta-
blisbed. Ii they should consent to this
last alternative, as the lesser of two evils,
II oblIges them TO refund from their tTea-
suries. the premiums they have received
therefor. These banks increase usury,
in The several states contrary TO the policy
of their laws, not only by permitting Them
to trade upon perhaps three or four times
their capital stock, but by the shaving
which our banks have been, upiversally,
found to produce. They exempt the
persons of the stockholders from impri
sonmeni for their bank debts, and the
other property Of the said Stockholders
from It's liability TO pay their said debts,
in equal violation OF justice, and the laws
ofthe several states. They give exclusive
privileges within the states, Without any
public services rendered 10 the states
therefor, equally coniraveuing a grea,
principle, and the fourth article Of the
Virginia bill ofrighis(k): aud they enable
aliens and foreigners to hold lands, with
In the several states, III contraventIon OF
the general policy of their laws.-The su
preme court were pleased to go out of the
record, and to tell us, that some Of oui
distinguished functionaries had changed
their opinions, on this subject. they