Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-09-10
FABRICiUS-NO. 2.

U. Z.
TO THE EDITOR OF THE ENQUIRER
SIR-An enquiry into therights of the
states to incorporate banks, may be sup
posed 10 makC II necessary To contrast
HE powers oil the states, and the general
government I'D this respect. Because, ii
certainly would afford strong argument,
tlai The power exists In the states If ii has
never been conceded to The United States,
since all power not conceded TO the u. S.
and not prohibited 10 the states, is retain
ed. shall abstain, however, from going
into any very protracted Investigation of
the right OF Congress To- charter bank,
hrsl, because of the peculiar circumsian-
ces o! llcacy which exist in relation 10
the present bank, whilst the existing
charter continues: and secondly, because
that subject has been amply and repeat
eddy discussed. will couieni III, self
with remarklng. that do moi find noDgsi
the enumerated powers of Congress, that
OF giving charter 10 this car any other cor
poraiioh, nor does II appear necessary or
proper TO carry any specified power into
effect. These words, necessary and
proper" use in The sense hat COM
ports with the plain and general under
standing of mankind, and with the con-
siructiOn which has been uniformly put
on them by the republican party III his
country, from tine 10 lime, when there
was contest about them, between Mr..
Jefferson and MIR. Randolph on one side,
aud MIR. Hamilton and Mir. kuox on ihe
other.
When the constitution says a power
musi De boih necessary and proper, 10 d
plain and unleltered man, ii would seem
unintellISlDIe 10 contend, that The trainers
oil The, Instrument meant l, might be.pro-
per only. Besides, il is inconsistent with
the nature Oi The government. ii is known
that great jealousy was entertained
against giving 10 the government the cha
Tacter OF consolidation. One great
consolidated government, Tor such Ma
ton 50 extended, anu embracing such d va
rlety OF interests. would have required d
degree OF energy Inconsistent with free
dom. The state SOvereiguties were there
fore TO be preserved, and tie general gov
eminent only TO possess certain specified
powers, for purposes of general nature,
such as providing for defence, regulat
ing commerce externally, and attend
ing 10 tho exterior relations OF fhe
government. Thus, the federative prin-
cipie was made the vital one OF the gov
ernment, aud consolidation, the great
| source of danger and alarm III the estI-
about " necessary and proper powers
| was inserted, as the lawyers say, ca
| abundditi caWeia. To conslIue the word
necessary" as merely meaning erpediehu,
would he 10 subveri the whole character
aud nature OF the Vernmeut-mOre es-
| pecldlly as II Is CoIIIended that Congress
| is 10 Judge oitIe eApedieucy OF the means.
Ill would bring every thing within The
| arbihiUm Of that body. Once vest q
| government with all the power II may
| deem cXpedIeni 10 exercise, and people
would hold their liberties, by sonewha
| The same kind OF tenure, whlCh q certain
prime minister of All eastern despOt sup
posed lie held his head-whIch every
time lac came out of tie presence cham
Der, he leli, to ascertain whetlIerIt was on
his shoulders. This will be the effect OI
giving so broad Il construction 10 the
word necessary" whether you consider
The collateral power as d necessary
means, as some have cUDieBded, (Which
Is only change OF pbrase,) or a substdn'
tive auxiliary power. ii appears that
Mr.. Hamilton, ~ pa. LII, vol. Impuies
TO MIR. Jefferson The construction WHICH
deem correct. He says, To this mode
OF reasoning respecting the right OF EN-
ploying all the means requisite 10 The
execution OF the specified powers of th'
government, il is objected that none bu
necessary and proper means are 10 b'
employed, and tile secretary OF stale
maintains, that no means are to be con
sidered as necessary, but those wlilIOU
which The grant OF power would be Du
gsiOTy." This was Mr.. Jefferson's con
struciion, iand | believe tie true ONE
MIR. Hamilion's appears III tue neSt page
l19. lie save, II Is essential 10 10
being OF the national gnvgrDmehi, that ;
erroneous q conception Ol the word nt
cessarJ shoaldbc exploded. II is certai