Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-09-10

that nrIther The grammatical nor popular
sense OF The term requires that cOustruc-
Ton. According To both, necessary often
means no more than "needfui, Incidental.
useful, or conducive to-" This il MIR.
Haniiions interpretation and the differ
eire between the opinions is certainly
g tar as the polls asunder." II Is not
merely difference OF terms /: IL is "a vital
aud iadiral difference OF opinion as 10 The
character OF the government. MIR. I1A-
Wiiton'S might have been necessary 10
give /, splen6or, To make il a great, and
III his idea glorious government. But
our ancestors did not tigh, for these daz.
cling objects. Their aim Was irecdonl,was
safely, aud they knew these were secure
TO Them IN their state governments,
which would protect their persons and
their property: and all they meant Ia give
the general government were such powers
as they chose TO specify in their consiiiu-
tional charter, or such incidental ones as
were:nrcessary, that's indispensable 10 the
exercise of those specified powers. Once
depart from this rule. land III. general gov
eminent possesses that Omnipotence, al
tributed TO the parliament OF O. Britain,
and which has bren almost truly, though
iactfIously said 10 be able 10 do any thing
but change The sexes.
In adopting the construction uf the
word necessary which do, think am
justified by the plain import oi the word,
by the spirit of the government, aud by
the Interpretation OF enlightened and VA
iriotic citizens, many OF whom assisted
IN framing the constitution. Nor 10
deem The lasi consideration OF lille i'm
port. IN settling point OF political iaiIh
nrtI n III
IN aid OF the suggestions Of INV own con
science, 10 tiud | am supported 10y the
fathers Of the church, The FIRST Secretary
Of Stale aud Attorney General, the au-
thor aud supporters oi the Report 10 the
Assembly IN 1889. anu Ihe eniis hiened
author OF Hampd.n.
The absence then of any power in
congress L. charter bank, the circuin
stance oil AN effort 10 give such a power
which, failed, are strong 10 shew that /,
was moi intended 10 be conferred. II il
was MOI conferred on the general 20
vern,neni, nor prohibited 10 the states,
il is possessed by them, unless there be
something in their Own peculiar constr
tuiions 10 prohibit II. II there had been
any intention in The constitution 10 pro
hibit the power of banking TO the
states, they would have prohibited il la
terms. The subject was before them, in
the rejected motion | have spoken of.
The constitution does contain 100, pro-
hibiiory provisions on The powers of the
state governments. Why not then proh
bli This, ii II WAS 80 lniendedl
Another circumstance Is of great weight.
Al the time the constitution was adopted,
there was a, least Que bank in existence
perhaps several. The Bank of North
America was an existing bank arriving
OH operations under the eyes Of The Con
venlion. Ii was chartered by Pennsylvania
land some OF the other states, as am in
formed and had rendered essential aid 10
The government under the confederation.
Could the convention have been inscnsi
bic OF the.eXlstence of this bank And
yet we fnd no provision giving congress
the power TO establish a bank, or other
incorporation, nor prohibiting il TO the
states. Tue Irresistible conclusions seems
10 be then, that the trainers OF the con
stltution iIrs a nj to leapathis power v.hrfe
il was then exercised. TITUS course was
consistent The spiri, OF the instrument,
| which did mol intend 10 let the general
government interfere with all the minute,
and individual concerns of the people,
but TO be employee in the management of
those general subjects, and external af
fairs which could moi he exercised by The
stale governments; but naturally devolv
ed OIL the head of Tie conlederacv.
FABRICIuS.