Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-02-20
Virginia Legislature.
DEFERRED DEB9TE.
IN sENArE.-Tuesduy, Jan. IS.

IN SENATE uesday, Jan IS
. REMOVAL. THE DEPosIrEs
Mr. Winston moved lin Committee of The Who'll, G,r
ther 10 amend the the Select IN
whom iad been committed The preamble and resolutions
rom me rouse OF Delegates, upon the subject OF Re-
nova OF the Public Depostes from the Bark of the a.
&c oy striking thcreirom the 4h resolution which is in
'hese words: "Reolved, That the General Assembly
not recognize CONSTITUTIONAL the power which has bet
claimed by Congress establish United States I,,nt
because, IN .he opinion OF the General Assembly, as they
nave heretofore frequently and soemnly declared that
United States'' " VIC
MIR. Winston rose with reluctance n rros.,, -;
S'e"s' because, The motion he submitted, and hi.
vote upon it directly against the opinions of Tho
ae'egauon In the other branch of the Legislature from
ms DISTINCT Whether he or they represent the opi.
mons anu wishes OF majority OF his constituents. he ia
OUT unniofmed: perhaps they do if So he regrets !,
rs great constitutional question: he thinks himself
pound 10 follow that which the dictate of is
science, and The conviction OF his best uae In
ms view lie must declare lis belief that Congress has tho
constitutional power 10 inco pora,e National Bauk Gv
10 be Implied from the delegated powers i'm the Cons
ton Itself The trainers of the Federal Constitution in
TO decare and have declared Defined only the
great e"0s Tor which the Federal Government was ere
aed, leaving il with Congress provide the means
eessdy and proper for carrying into execution the pow
ers expressly delegated by the Constitution In the s,b
section OF the first article Of the Constitution of the Tinted
States is declared that Congress sha, have the
10 lay ana collect taxes duties, mpos,s, cxcses TO
pay The debts, &c 1t is also declared in the same Sc
uon OF the first article that Cong shall have the
70 coin money, and regulate the value thereof and IN; e
10Th section OF the article contauin, an nh;h
upon Tie States, II Is declared 'lhat no State shall coin
money emit bills OF credit, make any thing but gold or
SILVER coin tender in payment of debts" SC Now
inc power 10 incorporate national Bank although m,
expressly delegated and in the h section q,
the hrst article OF the CONSTITUTIONS is fairly nnIeJ fo
at cause IN the same section, which declares that Con-
gross sha nave the power TO make all laws which
DC necessary and proper for carrying into execution The
foregoing powers and all other powers vested by tlis
Constitution i'll the Government OF the Uniled States or
IN any department or Office thereof
Mr. Winston said, let take the first mower ex,ress,,
enumerated TO lay and collect taxes, dulles inposts and
iip IN
fence and general welfare Of the Uued States" &c
And here lie Observed he did rely depend OH the
comprehensive expression general welfare" or ever
did but if Bank be necessary and proper means n
execute the power vested in Congress TO collect and
purse the immense public Of these United States
MT. winston cannot say Congress has the power to
create Corporation Bank carry into execution ibis
power thus expressly enumerated aud delegated to Con-
gress under the Constitution. MIR. Winston asked how
long has the Government OF the United States been
Obliged 10 resort to Banks for the collection and d
ment oil Its rerenue? He said. almost from The com
mencenent OF The government down the present ,v
from the first Bank in 79l the public revenue has beco
collected and qisbursed, and all the fiscal operations If
me treasury had been conducted by means of a Ma
nohai pank WIN tue exception OF that period of time he
tween ISL aud 1876 when the Governnen had ITO Ban
Coy means whereof heavy losses were sustained and
men was found necessary and proper resort TO the
State Banks, and which, Mr.. W. thought, sufficient
evidence that Banks necessary and DroDrr n so
Is giving up the question Of the const,,uonaIity 6r
the federai Government ought TO be dependent nor
was II Intended that il should, upon Stale means lor
ryDg into execution OF the expressly DOW
eTs not expressly delegated TeSerued to the States ~,
the people, That is certainly rue with or without the
express reservations; but the instrument gives all
means necessary and proper 10 effect the great ends Of
he Constitution. Ii all the necessary and proDer
had been enumerated, the Constitution would have
been CODE OF LAWS Instead of GI,ra TAI
Tor the security of rights and liberties II has been
found necessary for carrying The powers OF the Federal
INTO execution TO create Banks; and he would
ask, whether they not necessary and proner
Tor carrying on the fiscal operations of the
and wheher we now to declare the Banks
by The Federal Government unconstitutional --Mr Win
s'op argued TO shew, that the former Bank charter
IN l79l was acotemporaneous exposition of the Cons
ton by the most distinguished statesmen of that ay
ny oil whom had been in the Federal Convention "a
torm-d the Constitution and certainly some credit
TO De attached to exposition Of the instrument, M oo co
Gently after its formation true Mr. Madison ard so
others, doPpose ii upon constitutional grounds but il &c
DeIieyed That The opposition the Bank of the II Al
that time, was founded upon party views t,an anu
other and the opposition believed il was got nm In a;
III Sonso'aaumg great nonied arisocrscy, come
with the funding SYSTEM &C.; and. thereiore 4,
posed not thought necessary proper a, that
ume. ANA Mr. Madison, in his argument agans, IL
afforded some OF the strongest reasons ia favor of The
stfuondt power n0t0 claimed to be exercised Ranks
were but little known at that time in these ~ ST..
there were but two others Decides the one then ~,
be charered and IL not then seen clearly Tie sc<s
s,fy oil creating u s. Bank only for the fiscal
uohs OF inc government but also the saluafy operation nm
The currency OF various State Banks sprineinp nm
mat time Experience has shewn u.s. Mr. w said a.,
saeh an institution as the Bank OF the u s. s
Oily necessary aud proper carry into execution the
70 lay and collect taxes, &C., and 10 pay The debit. g.
OF ne United States, for the purpose Of aGordne the
idcues requisite Tor the collection, disbursement AID
usnsm''son OF the public monies throughout dis ex.
ehsve cohiederaey OF States, extending Gom Msio. =,
Georgia. and from the Atlantic 10 tie Rockv Me- !"
'ans . MI WINSTON SAID, he only looked, in lis argm
meh 70 me hScai arrangements and operations nj IA
vernment through the Bank and the lacv i, ne 90
As to large institutions, for Inc sccommodaooo ~ ,
holders, and 10 invite them from the vsriou, ST., oeS'
scribe TO the SOCK he DOS contend for ill.,, All " u
~ mat the constitutional power exists for Inc Gy9'
ment TO carry on its fiscal concerns ty aid of BnL
" u oe necessary and proper means which Mr. W..
eon hought IT was, the question must be given IN 7,
never Intended that the Federal Government shooId
uePehueht on the State Governments for The
uu mean TO execute the powers
mnout he means Afforded by the Banks there tnns1 he
strong box or iron chest deposited al every nlsre vle
nc pubhc revenue Is collected with an sgrn, or 80
treasurer to take care Of II, and others IN ~ SUI
one place to another WoulI no, be most o ,o.n
Gus meansf The means conended for nv M tJJ'.
are not greater than required to carry the s s
execution. What Is corporation, bu, to give the ni
iege 70 company, to do what individually each h. pii
70 90. inese are much more imports means 1ban d. t
psk Inc Constitution gives power TO Congress ~ 80
push PSst Ohces aud Post Roads. Suppose the
i De sacked ana robbed the punishment Mr. he
heIeu under law OF Congress- was death Here fben
power Claimed oy Congress- not delegated 10 any of,bS