Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-08-03

lies, &e. This is true.
Afnor. Government may select the
g.. means, (any mednS) by which this
IA specific power is To be carried into
effect 'Ehis is not true; but let i,
pass "a present as such.
ConciVgioa. Government may therefore
select a bank, as - mean 6y which
I" nte aseGi oPer"''OMscf IKE government
IS may Ss3acitifoted."
Now 10 The simplest apprehension, II is
| obNions. that The regular conclusion from
The prenIses, should be in these words
as ens1u e. ea'gy iM0 effect Me specifc
f'os5es ~ .,eise aud Collect tareS, duties, &C."
bntthe coiictusiou so stated, would In
maj same apprehension, have appeared
absurd.
| 10 the DISCUSSION by tlic supreme court,
| There Is a cifcunlsiancc quite as singular
aud striking, as ihr incongtuily between
The foregoing premises anu conclusion.
| HE principal pari O!thr discussion lurns
| on HE meauing ot Il wuid contained iu
| a sentence, WHICH sentence, l. mGi alleg-
cd 10 have any sort OF influence In 10,
decision.
HE consequences resulting. from ilc
| exposition OF The constitution here advo.
| Gated, were announced al The beginning
! of il's number, IN order that The reader
| might the more easily comprehend the
| reasoningbS which II was supported. 1t
these consequences be cohirastcd with
those obviously resulting from The decision
oi ine supreme court.
list. According To tina, decision, The 20.
ycrnmtni, though limited, Is to ltave un
| hmiied power In selecting ihe means Of
executing the powers expressly granted,
| or rather Ui iacllitdiiug tLe operations vi
the government, whether civil! o. military.
| This is awful.
2i. n precedent las been established
| WIN respect TO word, whose meaning Is
as wei known, Az II * often profoundly
| Tell, which, II followed, viii leave us 80
ihing to regret, but our folly, in attempt
| ny To secure our happiness and liberty,
| by constitutional declaration aud pruvi-
sluns. L his is more awful still.
IL the re@s"aiDs' OF one of the opponents
| OF The reasoning of the supreme court, no
ticed IN MY second number. be strictly
| taken. III" government Is Inefficient, pow
crless, vaiucless. ! concur with him, as
TO The meanlng al The word necessary {:
bnt his application of IT TO incidental
powers, 10 means, to the various means
THAT may be adopted 10 carry specific
power INTO effect, involves us in magic
circle, from which il is impossible 10 es-
cape, aud within which il is impossible
To- move. doubt whether one law, in our
whole code, could stand the tesi al the
doctrine here opposed. II would be AN
useless Labor 10 select examples. The
| code aboundS with them. The very frs;
avi OF tie first congress, would be uncon-
siliul!Onal
II the exposition for which contend
be Established. the results have been AREA
dy explained |, is trne that this exposi
lion, While il guards against the assump-
tion OF new power, in ordinary cases, will
IN extraordinary cases, authorize the in
lfo'uclIon al = nav aud original power.
But when II is reGOlie' Ted that the law
proposed must be necrSsa,y LaIo OMe
~'tho"t whtch, pOwrr expressly eiceh cum
not be ererciscd, il will be al once perceiv-
ed, that no danger can Crsue. i'hriy
years have elapsed since the adoption OF
the constitution OF the United States, and
The case now under consideration is the
only case that has occurred, attended bv
circumstances which would iusIi!y a re
course 10 ahy means, except such as iIave
been explained and defined above Such
case Is MOI likely 10 occur again. la
looking over The Specific powers, none can
be dIscerued, which cannot be carried III
to effect without the introduction of new
powers. II, however. case OF necessity
as 10 any OF them, should, ia the course
and vicissltude al human affairs, lie pre-
scented 10 congress, il will be for them TO
say, whether They will force into operation
apowerw hIch belongs 10 them, 5y means,
out OF the ordinary course, or submit To
| Tie eNIl, which those means would be e:u-
pioyed 10 remove.
When TOO the necessity ceases. The law
produced by thai necessity shonld also
cease. Ii Ike banks OF the sevrra, states
should be put DOM, IS Unconstitutional,
or unwIse, or both, ilie chartered the Bauh
oil the United States ought not 10 be re-
| he~ed. The necessity would not exist.
Ii is believed thot The doctrine here AL
rancedmdy be Of essential service. The
wheels OF government can never be stop
ped. An elastic principle Is III operation,
that his The government for the crisis
which necessity has produced, and when
becomes dormant when the Crisis Is re
moved
And LEI II be further remarked, because
recent as ", u as former experience will
authorize us io remark, Ihdt in the honr
OF danger aud caialnIiN, nrithes the iudg
mrnt nor lie feelings al the nation, will
he dlspOsedto condemnany measure, be-
IIeved Ia be necessary. We have only 10
choVse, therefore, between tbs exposition
OIL the Que hand, wilicl, leaves a pass that
may he promptly used, and thai necessity
on ihe other, which viii uui fail, though
perhaps iardiIy and Reluctantly, 10 make
one
A list Of the cases in which congress
(nrdning HAT OF the reroiutjo,D have been
betrayed tsays Mr.. NJ, Fed. No. AZ or
forced By the dcfcctS of the conlcdrra
ton, inIo violation Of their chartered
authorities, would not lnllr surprise
those WHO have paid 10 attention 10 the
Subjccl. 10