Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-04-01

Prg'ntd, n reply 10 that Of Mr.. Smith of Kana,rhG.
on S me cGnst'tu''o"dt'ty Of The Bank Of The U.dted
StdteS.-l CoNCLuDED.1
suppose new county be established this wear
a"d the gentleman votes to establish courts i'm it,
ana some ten years hence, these votes are ouo,eJ
upon him TO prove that he is i'm favour Of orr Cir
cunt superior or County Court system, would i, he
Just! No-but it would be equally as inst MS the
lmputations against Mr. Jefferson. Yet The gentle.
man contends, that he is Jcffersonian Republican,.
ana denies the right of any person TO read him out
Oh church ana m the very next breath he pronoun
ces n high panegyrc on the character of Alexander
Hamilton, and seems 10 he filed with admiration
for the wisdom of his plans. He said, that no n;on
co"iu rise from an examination ofhis opinions with
OUT having his mind awakened to u liberal poicv-
do not wish 10 enter the tomb or disturb The nSI
es oil The dead That Mr. Hamilton possessed all
the talents claimed for him by his friends. do nor
aouDt; But that he was the patron of Republican,
government, or friend to the rights of man. | do
not believe IL is true, in his writings Won NAV 6nJ
many splendid ideas of the powers and prerogatves
oil government but his views of freedom are feeble
ana obscure. lie seems to have forgotten, that those
VINO administer the government are only the trus
tees and servants of the people, would he nIensed
to hear which of Mr.. Ha,nilton's opinions II WAS
with which the gentleman was so much enap,onr
ell. Is 1t with his opinion favourable To a monarchy?
or is IL with that one in which he thouuht rho n,o
pie could be well governed only by fraud or force
or is II with that opinion i'm which he concluded
that the British form of government of King Lords
and Commons, with all its corruption was the most
m Maine
that he is called black-cockutle federalist. hnt
says he VIII express his real opinions let them place
nun III what ranks they may. i will not dispute
Win the gentleman ; he may determine for himself
10 what party he belongs; but object to his claim
ing 10 belong to both parties. L know no gentleman
ID us iair way for political promotion as v frenI
from kanawha. III the Republican party shall gnt
the nscendancy, he will he found i'm their van and
should tie ancient fedcralsts prevail he will sill he
III the lead. Ii he would only Join the third nnr,v
(which is the Jackson pary,) he would be sIrre ~
promotion. '' '"'c Vi
should like to know, Mr. Chairman, what the
gentleman meant when lie said thai the enemies of
the Bank had hunted down Mr. Madison like - ,,;ln
beast of the forest. | have heard mo ,nL;,L ~
preston III relation to that venerable man in this
Dody As relates 10 myself, my feelings towarsI,
MN are those OF Kindness and respect. am, how
ever compelled 10 say, that the friends of the r.,s
OF the States, will long regret that the same L,,,J
that penned the Virginia Resolutions. SIGNED ,hn
Charter of the Bank.
Let us now proceed TO consider the arguments of
the gentleman upon the constitutional mower of Con
gress 10 Charter Bank, when freed from autl,eri
tes. lie and the gentleman from Louisa botl, grne
that have correctly defined the character and ma
lure oil The government OF the U. s: That il de-
I'es ah lis powers rom the Constitution: That il
possesses no substantive powers except those nor,;
cu,nry enumerated i'm tho Constitutions. TAI rio
means 10 carry into effect the enumerated mowers
must be subordinate and incidental: The, nj o,Ir
substantive powers, not thus enumerated together
carry into effect such uMenunlcrated mowers ,,ro ~
served 10 the STATES or the People, That the Game
10 oo'e' 4'ineit caIhot resort TO an unenumerated
suos'ahIVc power, or nh INCIDENT belonging TO il ne
means necessary and proper 10 carry into cfac,
Tie powers specified i'll the Constitution Then. ,Ie
question between us is, whether the bower ia cro
u'e i'lnk DE substantive or incidental; and if Incl
ue"ab whether 1T belongs TO any of the powers enu.
inerated III the Constitution. Notwtlstonding tho
gentleman from n. made the concessions lust men
toned, he maintains that the words anecessorv md
proper, as used III the Constitution, contain suh
sahiive grant OF power; but he did not tell ms i'm
what particular TINS grant enlarged the power of
Congress- lagrec That in sense il does euLgroo
ana IN another it Limits the powers IVhot was he
great complaint against the old confederation? 7,
was, that Congress had 10 authority to pass the laws
necessary 10 carry INTO effect the powers of the Cen
era Government. They were compelIed 10 recon-,
mend the means and measures they thouoht necns
sary and proper to the Legislatures of The Stotos
and 1t these were not provided, the powers of the
General Government, depending upon them could
not be exercised. And To remedy this evil nou,or
was given Congress to pass all hIys necessary a,d
proper to carry into effect the powers conferred nm
OH II. As power conferred upon eort d,ros,
ment OF the government, and upon every officer
thereof, it was necessary TO designate the de1orno
which was to be The ultimate depository of the o,
ers OF tie Government and which sboiIbI direct tho
manner ana point out the means of carrying chem
into effect. In this sense it was a grant of hover
% H s fa %t G6S ngT sdem,s 1 M RGSf Grea
were necessary not; but this clause rcetr;c, 80
TO such means only are necessary and nr,
and III this sense ii is limitation On thsr 49, -
AS before observed, the gentleman and ,,y.oIr
"BFee III ihis, that no unCnuneraled suIsian,y,
power VIII pass as AN incident TO another s,Is,nn
1--WE power Then, if / can establish that IN rbo'
Ter Bank IS substantive power il Collo,vs ,L,
congress does not possess il. What is q subs,on,a
power! u IS power hat may stand oIono 49,
hecds hot 'he ald OF any other power to sustoin 49,
"Pio'" u. 20 u9 creation Of corporation t,o,ver
OF thIs nature! in order to ascertaiu ,vletIor i,
80 or not, let us suppose that those who framed III
constitution had granted this mower in o,,,
terms, bui had withheld the power "to Inv and 80
lect taSes," &c "to borrow money" &C., @, co." wi
late commerce." &c; aud 40 coin r,n,o",i ~
Gould not Congress have exercised this No., ~ 80
inc most ample manner? But, suppose it yero q, ~
ohy power granted, could not Congress exer.; !.
ih us iuilcst eXtenH The want of fIe other nn,,,
wouid not restrain the exercise of His. Tlen hr
- power That exists in its fullest extcn, ;,L''.
being sustained by any other II must ,I c
substantive and independent and conro, aojI; "o
10 tile argument Of tic gentleman me rosr,oi ing
means necessary and proper TO corrv intc ~, &c
the powers enumerated in the Cone,;,u,;o,, ~
suppose That the Constitution had expressIy c.,:'
uen the exercise Of this power, would il bovc ;,,';
en-, ~ the least the power Of Congress Go ii an
collect taxes" "borrow moneys 60 10y dIiu
commerce" or "to coin money!, Anv ,a, s"I"'o
WIZ Tor moment reflect must nercoi,a a'', =, VINO
i;i ,u 10. ~ cannon therefore, he considered a.
lhcldenlal TO any OF those powers and consenneri