Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-02-25


the object oil the people Of the States in comforting upon
Congress the specified powers, promote the gene
raj welfare; ani Ia the second place, means that Gen.
gfess shall not exercise OF the enumerated powers
unless II be to promote the general wesrefor instance
they shall lay aud coffee, taxes declare war; unless
II be for the purpose of promoting the general
hope gentlemsu will resort 10 this argument TO su,.
tain tho power OF Congress, unless he believes we hold
our seats here as tenants at will to tho General Govern
nent.
Let us now proceed 10 examine whether the power to
incorporate bank' passed as on incident 10 any OF the
enumerated powers; aud hrst let ascertain the meaning
0. that clause OF the Constitution, which gives power
congress Ito all laws proper carry
'no effect the specified powers" will here observe
mat all substantive powers that belong to any sovereign
", aud which are not enumerated in the Constitutions
with all the Incidental powers tina, spperain TO hen are
reserved TO the States the Peoples therefore, Congress
cannot seize upon sovereign power, not specified as
means aud proper TO carry effect the emu
meraed powers, because that would be direct violation
OF the reserved Rights Of the States
The words necessary and proper conferred no ad,
tons. power on Congress They used to shcw that the
Incidental powers, that naturally belonged to- or flowed
rom, any OF mo g'an,ed powers, passed with their.
Po"er 10 DC incidentally must he subordinate IL should
not draw after incidents involve the exercise OF
es do not belong to the substantive power of which il
ssu 70 De an incident. will conclude this branch OF
e suoJse oy reading some extracts from the opinions oil
me great leaders Of the Republican party. The frs,
snail Introduce will be from the Report OF 1909. hope
the gentleman from Louisa will object to the authority
understand he has made 1t the Textbook of his poica
latin. lie has frequently declared that II gives true
exposition Of the Constitution and well defines the powers
VI ne oehera government Let us hear what me aning
u assigns TO the words Unnecessary and proper: -
Ine part OF inc Constitution, which most to be
10, in defence Of the "Sed,ion Ac,, is the las,
c'use OF the above section, empow erng Congress to
make all laws which shall be necessary and proper far
INTO execution the foregoing powers and all
mcni oil the United States, ia any departmen nj or off,
Z" ctr thereof 49,
The plain import of this clause . tina, Congress shall,
nave all irclden'' or instrumental pow ers NECESSARY
and proper for carrying into execution all the
power; "me.ncr they be vested in tho government Of
o cd s'ate, more collectively In the several de.
psr'men's, or officers thereof
1t Is no, grant OF new powers 10 Congress, but
merely declaration for the removal Of all uncertainty
mat The means OF carrying into execution those other
wise granted, are included in the grant.
whenever therefore, question arises concerning the
,uiohS'y OF part cular power, the first question
whether the power be expressed in the Constitution.
be, the question is decided IL II be no, EXPRESSED
the next enquiry must be, whether it is an incden,,o
m express power anu necessary TO Its execution? Ii
DC, may be exercised by Congress. II II be not,
Congress cannot exercise it,"
iwti now read an extac, from Mr.. Madi.on's speech
in l79l, against the Bank:
Whatever meapn this clause mi ~ have NON. cal H..
" admitted that would give an unlimited discretion to
" Congress.
Gus force OF the terms aud the context, be limited to
necessary to the end and incident to the nature
nI the specified powers"
The next extract shall read, will be from the opipon
oil Edmund Randolph, Attorney General:
lhe general qualities Of the Federal Go vernment in
dependent OF the Constitution and the specified powers
neing thus insufficient TO uphold the incorporation OF
Bank, we come TO the last inquiry, which hs. been al
ready anticipated whether be sanctioned by the power
10 make all laws which shall be necessary and oper for
mo execution the powers vested by the Consti.
'uuon 10 be necessary is TO be incidental or in other
WORDS may De denominaicd the natural means of execu
ing power. " eA'eu'-
The phrase 'and proper Gf it has any) meaning. does
not enlarge the powers Of Congress- but rather restricts
" or no powerst 10 be assumed under the general
clause out such as not only necessary but proper or
perhaps expedien also Let be propounded as an eer
70 nose VINO build new powers this clause
wneherh latitude oil construction which thew arropate
Will not terminate in unlimited power in Conpress
wui now read an authority TO the gentleman 10 bcb
nope ne VIII make no objection, have often heard
MN express bis admiration of the author-I mean Mr.
Jefferson always gives great pleasure to refer 70
hm he Is always so clear and explicit there is no amb
guy IN any 'hing he says Ia his opinion flo General
p" ashingon In 1871, he uses the following laneuaqe
lhe second general phrase is make all laws nece,
s"'y anu p,oper Tor carrying into execution the enumerat
Gu powers bu hey all be carried into cuion with
out Bank Bank, therefore, not necessary and con-
seqnenuy not authorised by this phrase.
mas been much urged, that Bank will give great "a
cy or convenience in The collection OF taxes Suppose
ms were true, yet the Constitution allows only the means
wnch are ne cesary not those which merely conve
nien Tor efecting the enumerated powers II such Ia,
hue OF construction be allowed this phrase as 10 Give
any non enumerated power it will go 10 every ONE for
mere Is no one which ingenuity may torture into
convenience in some way other some one of so un
list oil enumerated powers Iwoud sw allow I'm all The
delegated powers and reduce the whole 10 one phrasa
oe'orS Therefore, it was that the Constitution
restrained 'he 10 the necessary MEANS that 10 saw 10
those means wihou, which the grant power would he
nugalory." ~ o'
Let US enquire, whether the power 10 create cor,o,,
on passed. as incidental TO any OF the
powers! We have right demand OF the advocates Of
The Bank to put their finger the specified grant, tn
winch Is an incident In this they not agreed
themselves one will tell you results from The
power 'o lay and collect taxes another that il il an in
ciden TO the power "to borrow money!: a third ,h, :,
belongs 10 the power Z" TO regulate commerce .nd
iourb at passed under the power 10 coin money The
ehds OF the Bank must excuse me- if they cannot agree
among themselves TO what power assign it, if should
uouo, "ne'her II belongs to any Of them If IL was
u,say incidental 10 any one Of the powers enumerated,
there would not certainly be 90 much dfcuv in Ioc nn
" ih us proper place in the Constitution
Us congress authorized under the grant " 10 Law and
coec taxes, &c, to incorporate Bank? To Law taxes
determine what each citizen shall pay the Govern
men-to collect, Is 10 demand and receive the taxes so
levied AS an incident this pow err Cong ress mav no
an ia"s necessary and proper enforce its cocction
rs me power TO create corporation necessarily nvoIveJ
10 ne power TO lay and collect taxes! An will agree
mat IL Is not. Has Congress, by virtue of the yor 40
lay and collect taxes, the right 10 punish for conn,r;
ing bank note! IL is certain that they have not THO
power 10 create Bank necessarily draws with |, ,b
power 10 punish for counerleng its notes. Then here
power Claimed as Incidental that involves the
,nat 20 not belong to the principal power. IL canno,
DE used MS means necessary and proper 10 car
ry INTO effect the power TO lay and collect tsxes
but II has been coDended that Congress NAV create
BANK IN order 10 give the country circulating medium
AMI thereby enable the people 10 paw the faye. ,b;,
may be levied upon them. If this be correc, mar
her oil giving Interpretation 10 the Constitution
may assume the Whole control Of the domestic indSsrv
OF the country Farmers, manufacturers and mechanic
o. every description, would be the tender merces nj
Congress. '''e' VI
The gentleman from Louisa seems as,ooisbs, u, -
person should doubt the power OF Congress IN gr,n y
teiS OF incorporation. Let IL be remembereJ ,., a.
PeoPie OF ibe STATES Intended TO make their Feder r.