Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-01-13

ing AID comforting them. The State govern
meDts were formed by the people upon their |
remuneration ut their colonial RELATIONS the |
national government was formed Oy the people |
III their State attiiudrs-Ihc Stale goveru- |
mentS wetein full ,igor aud ;here existed be- |
tween each, aud the people thereof. all the re- |
lations. rights and duties insep arabic from that
KIM OF government, when the constitution of
the nation was tvrmcd-'the States appointed
Tor that service the persous by whom It was
framed ami as representatives OF the States
ordained by the 9Th article thereof. that it.
ra'h'atioh BY The conventions % Hine states.
should be sufficient for it's establishment be-
t"eeh the States so raiiiymg II It's snbmisSIon
10 convention To each stale tor adoption as
moreover with the assent and by the procure
ment OF thut state. The relation between the
people ana their State governments was not,
IN The progress ct MS formation aud ado pton,
Tor IA moment dissolved; il existed ~ the pien-
itnde of lis efficacy. The States spake as au-
dLby through then conventioiISin the adoption
OF Inc consututisn- as the people had spoken
through the states in its iOrmdtion The Ian
Suase IN both INST Snces was tia, at the people,
not III state OF abstraction from. but in full
alliance with, aud uttered through their Slate
sove'nnlenis-,hry spake and aried in that
matter throughout, in their political and III
c"fporated character. In republics tue ma
chlhefy OF the government rs created by, and
Drionsr TO, the people-Itis moved bN their
power, aud directed by their mediate or I'M
mediate Willis motion impOrts their agency
us uiectoh Their viii. aud its language their
sentimehs-lt NAV therefore be said with
equal truth. that the constitution was formed
ny Tue people or by the States aud using either
moue ot EXPRESSION, the States haviu. been at
,na' uhe pienarH soNeieIgns, mus, be cousid-
ered nov as less so. by thr distinctions 81 40
much power only, az was expressly or by tair
implication, delegated Ia the nation by lhai in
str"meht Ii the pOwei TO erect corporation
III any OF The States Is possessed Dl the Con-
sress, that body must d. rive IL by npiicatiOU
Ior IL Is no where in the constitution * vressiy
given The power TO create corporations is il
WIN De readily admitted, inherent in plenary
soVereisns, and of course the power OF Con-
siesS TO cteate corporations, in Columbia, OF
III any territory or place, over which il has lie
exclusive right TO legislate ought neyc, 10 have
peen doubted; Tor those places there eau he
no obstruction TO The exercise of the Douer of
the sovereign according to its uiH Rut The
risnt OF congress TO create and locate corpo-
RATION, upon the territory, aud within the
sphere oI another sovereign. is d different, and
me present question. The Island 18th clauses
OF tho S'h section OF the LIST article above aIIud.
ed TO taken together read IN the following
words. VIZ: =" The Congress shall have uoyer
!. 10 tay anu cOtect fares duties, imposis, and
- eNci,es, TO pay de6tS and proride for The COM
mon dJehce and general iceitdic OF The Enitpd
STATES and 10 make all laws which shall he
. necessary aud proper for CARRYING into execu-
a. lioii tue Ioregoin: powers, and all other pow.
. erS vested Dy tins constitution in the govern
inent OF the United states or any departmeut
" or officer thereof" The power to Law and
coIieci taxes, is here, expressly given TO Con-
q q ul-
Jects TO which the taxes, when collected. NAV
oe leg tlmateiy applied That rccIta! was as
WE thhk, on the part of the appellee errone-
ousy construed into positive and distinct
sraht OF INDEFINITE power: aud hence We sum
pose, resulted many OF those homogeneous and
inappropriate sentiments III relation TO the ex
'eut anu Character OF State powers to which
We nave before alluded. ine powar TO Law and
coIect taxes being expressly given il rs rom
tended, that the powc 1 TO create his co,nur.
tlol, Is conferred OH the Congress by Ike last
vi me TWO above recited clauses That Bank
- dh agent necessary and proper TO the colIec.
lioh anu transmission of the taxes ut the ma
ZION. III IL Il rule, not less of reasou tI,,n oc
law, mat when The end is erpyessiy uiveu the
means necessary to the etftcIuation of thar
emu are given by implication. But in the
construction aud application of this rule.
counts have uniformly. as we believe res
Nicted me agent, 10 the use of those means
only, without which the end must taiI-,hp
S'duSe OF the Sih section last above referred to-
imports nothing more than an eXpression of
"Hai existed by implication, according 10 lie
dLo' Feclted rule 1t confers no poweFun lie
congress which that body dIJ moi possess an
terror 10 It's Insertion in the constitution lt
was inserted no doubt eX-ubnnGuRti cauteIu Ia
was feared by those who were zealOns far
Stale Rights, that the Congress If left to imnIi-
cauoh might encroach upon those rights. 1t
was MOI less ieaIed by those who were anxious
thdi TIE new government should possess co,u-
petent powers, that the States might attemn,
10 restrict The Congress to the exercise of tLe
powers expressly gwen, and deny 10 it the
IiSht 10 legIsidie upon power derived nv m
plicatlOn or consirIctioi-So thar The o,,s,,n,,
wheiher This corporation Is a necessary u,d Dro
sg mean, or agent, in the collection aud ans
nIssisn OF the national taxes, presenis,iise,f
hot less III the construction of tile fri oF
The two above recited clauses taken Inv ~
sell tiIah OF the two taken tosether
HccVTnih- 10 fdIr construction OF the firsI
clause 1t bank be necessary and proper 10
The collection aud transmission of The txes |
The Congress had, bX clear implication liz !
power 10 create 1t; upon the Same hyDothe,ts
lhey possessed Under tina last clause. the |
cypress power To create II. Bul # il be not a |
necessary agent they do not possess thai
power, either by mplicdtioA or expression
IT'S Dehlg proper mean, or agent. does not |
TohIe' or alhln the conference ut that power.
!. mus! ne necessary and proper However |
proper, Il cannot be employ ed unless il no asn
Necessary agent-no INTERPRETATION can mo |
gwen TO the word prOper which does MOI affirm
ahd strengthen the import of the word ,,oc.e
Imeuicine is necessary ~ case OF sick
mess, hut that only should he adm Mustered
WHICH, la addition to it, being necessary il |
proper Tor the maiady under which the patient
idDors. Tile meaning of this word necessary
Is iur"Ished not less by its eiymology, than iis
use by approved writer's whether il be drriv-
cd from the Latin words ne aud cesso. OF from
nee anu eSSe ia the same language ID euuaIIy
imports thing without which, another thinsy
mus IaiI YIELD or cease TO be. In this sense
III - used aiikt by the scholar the man of
SCIENCE, aud the jnrist. From the Chemist we
ieain thal given quantity OF heat is nccess,oy
To The fusion OF metal-I'bat d given 1naatity
W .he same article is necessary To raise water
20 lhe bOlllGE Stale, * all iucreased quantity to
hil"e IL 10 Tie erIfOrm state heat in the three
ABOVE Instances is The thing imported bv The
wOrd HrccSsmy Is ithOut which the other things.
We 'he huin STATE OF metal, tie boil, = state ii
waller. and lis ;cTitOrm slate, could nnt b, nro-
dnced or eXi,t. From the PhIlosopiinr we
learn that the action OF the heart in man and
olher animals, is necessary TO the circulation of
ihe blood, and That the circulation of the blood
- necessary To animal lite-we learn from the
same Quarter IhaI the moon is necess1Ln To tic