Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-12-25

pofiant purposes, be arrogated-as
mean 10 the eaectuaiion of objects e..
lateral altogether TO its proper results, o..
only occasionally belonging TO them -
IL the assumption Of power may br v,ud,-
Gated by doctrine OF this kind, where is
the power however INDIRECTLY or remote
! ~ or accidentally connecied With given
power, OF which the assumption ma, no,
be answerably defended? Aud if any
pone' however Indirectly or remotely or
| accidentally connected with a gwen
power, may he rghtlui,y assumed, where
is the end, connected as all powers reel
procally are with ca other, 10 The assump.
hon OF uudelega,ed powrrt la The re
cOguition OF such mode of derivation
! of power, Is not all constitutional .lmila-
tiun OH II, rendered illusion ami nnC kerry,
| Instead OF a beneficial reality aud an I'm
| disprDsabie safeguard
One criterion these is OF unqucsliOnab!c
validity for determining The accrssorial
character OF an exercise OF power, and
tina, is lis dependence on the operations
OF the principal power 10 which as an ac-
| essorN ii is referred. But II will not be
| pr tended that under the trial OF this test,
he incorporate OF a bduk of the l..
states, can sustain The character cf an
exercise OF accessory power. Ii will not
be pretended, that this institution is de
| pendent in any degree for lis operation,
on The exercise OF The powers of Taxation
or borro wing. or That lis ope, alton opld
re oi"erw!s than Incidentally aud imma
| leraIly affected, II these powers were
omitted go be exrr,cd altogether, or were
| 'Xetied wlttuu reeourSe 10 he interven
non ofiiS operation. This incorporation
canwlih no propri " therefore be regard.
l,fl nj
But admitting the measure to b. of the &C
| ctS,orN character imputed To IL the question
| iieXt presented Is whether il is tn be consi.
dered as necessary mean 10 the execution of
either OF the declared powers, tn which il has
| been attempted Ia be referred The primary
rule for the construction in all Instruments OF
| words of disputabe import is that they are
| 10 be taken m their most received aud usual
| Specification. Estimated by this standard can
Il mean necessary TO an end he understood
| "a importing any thing else than mean with
| out which the end could not be attained 2
! But let it he regarded as importing a mean
| without which the end could not be attained
| III tie most ettectual manrer, still the areu-
| hlrnt III favour of the incorporation of Il bank
viii derive no support from the construction,
| inaSmuch as IL will not be deHicd that the
ends OF pOwerot taxation or borrowing, are
attaIIIable II not exactly with the same tacili-
~, yet certainly with as complete an effect,
independently of the operation of benk as
! they are through the medium of the in,erven-
| non OF that operation.
u is commended indeed by the Supreme
COuI thatihe word necessary in the cou-
su'utloiI, IS TO be- construed as if il were of
similar import with the word convenient, so
| as To i've TO the General Cove rniuent AN un-
| limited ContIou over all means conducive to
the ends OF lis declared powers. This is AN
Interpretation of the word, however not only
| unwarranted by. hut opposed to its proper
Specifications. Ii will not be cOntroverted that
there are instances 10 be adduced and those
IN tllp far liar nod al
questionable applications OF the phrase in
question, III which II is employed in direct con-
tradistinc,iOn to the word convenient, with
the import OF which. its sig ifiraiion IS at
tempted 10 b confOnHded. The ,HOsI familiar
OF all the uses of this expression, as denotinc
subjects OF primary utility 10 life, is one OF the
instances Of its uEquesiiOned Employment in
this mode OF application But II there be any
Instance OF its correct employment in such
mode, the construction of the supreme
court is obviously cOncluded because though
language may furnish instances OF the use of
the same word i'll various, there cannot posi-
| bly exist any OF Its employment in contTddic-
| Tory ST. niicatlons.
| Nor is the construction of the supreme
court more obviously excluded, by Just in
depreciation of the language of the constitu-
ton than ii is etfectuaiy condemned, by the
dangerous latitude OF its character. 1t has
been already seen, that a controui ever all
powers convenient as means of execution OF
so large and complete grant OF power, as
4
would be little short of an authority superior
10 control. IL is 10 lie recOlCcted too, that
the same argument OF public convenience
which is employed on the present occaSioH,
| has formed in all times the prcteXt of uSurpa-
| ton, as indeed IL ever will form the preteXt
| of all pIracy against liberty. The first in
| fractions Oi law, OF principle, or constitution,
are with no great difficulty disguised under
considerations OF prcteHded or temporary con-
Venience, and these are made TO serve sue
| cesSIVely precedents tor others. till links
enough are added 10 the chain 10 bud the
rights OF the people, and 10 drag their free
dom eventually to the block. Nor ii the doc
| tTine cUntended for by the supreme court OF
the Unitrd { ) of an implied control being
vested / the gov Tnme tot the United States
over all pow erS available as means fer Tie exc
cution OF lis expressed powers, shall ever
| become engTafted by construction OH the
federal constitution, does It seem possible
10 escape the conclusion, that from that
mOmeut tue specific definite character of the
constitution will be entirely superseded, aud
those barriers of labOIed restriction rendered
vain, which patriot wisdom has erected in IT.
against the iuToad OF discretionary power.
The result of The foregoing observations is,
that the exercise of power TO incorporate
bank, cannot fairly he considered as n ncCes
! SaTy mean To the at iainment OF tie end of any
power expressly granted by the constitution
OF the United States. But neither is the eX
erclse of the power in question to be consI
deTed as proper any more than a necessar,
mean for such purpose. The character o
the operation OF National Bank invested
with d large capital, is TO exert AN effective
cOntI oil over the amount aud value of the pub
lie currency, aus Ey that means, over ib
: prlCesOf cOnsumdble commodities and real pro
perty. the modes, direction and extent OF lh
exeiilom of industry, aud the sources of PR
vate and general 0pulence and prosperity
An engine OF power Of such momentous cha
racter aud operation, and necessarily reQuir
, tug too, 10 be committed TO hands which ca
= be rendered only partially responsible TO 20
= vernmeni, cannot upon auy just oT safe prime
, pies OF construction be regard ed as a mea
= proper 10 he derived from implication. for Nh