Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-02-06
Virginia Legislature.
DEFERRED DEBATE.
HUME OF DELEGATES Saturday. Jan. IS.
REMOVAL THE

because the House having its opinion OF The con-
duct OF the President, in violently laying hands on the
public treasure he had no idea OF that censure
oy gratifying at the same time his hostility the Bank,
nor with drawing the attention Of the people from this sub.
jest, hy presenting them another He objected also to the
manner, IN which the coDstutionaly OF the Bank had
been connected with the question OF the deposi,es The
understanding had been universal amongst those who dis
approved he Presidents conduct that the two subjects
should not be blended; 1t further agreed OH all hands,
TO pass without debate, on the question which had caused
SO much discussion elsewhere. When the gentleman
rom Spoits lvania Mr. Sevenson) introuc his amend
ment declaring the Bank unconstitutional, those who
dssented from that opinion. had expectation that il
would DO entertained by the House, aud orbore all
discussion. For his own part he never could consent
that an institution, which he deemed one of the mos,
va i,ho", m IN The nation, should thus be p" down.
thought any discussion OF this subject would now be
cesary, and therefore the House would him, ii the
remarks he should make rather desulrory. Time
had not been allowed for arranging an argument which
OIL This subject all that and i'm bis
peculiar had rendered this impossible
but dissenting entirely he did from the principles Of the
resolution he could not consent TO its passing sub seo
However we may disagree TO the source from which
the power oil the Federal Government is derived whether
from the States or from the people, there class po-
hieans in the country who do admit even without The
express declaration OF the Constitution that the powers
not delegated to the United States by the Constitution nor
prohibited by to the Stae to the States
spectivey, 10 the people," gentlemen wish to con
se this clause, the word expressly had been insert
ed IN IT, he old Articles Of Confederation contained a
clause prohibiting Congress from claiming any power not
expressly granted, but the extreme result
ing rom III was known 10 the trainers
sution, and the omission OF the restriction in the Consii-
tuition was certainly strong proof that more extended rule
was intended TO prevail its construction BY po,cer he
understood substantive thing, the light to use which ex
istd under all circumstances, and only controlled by
the expedency OF exercising it, In this sense he was
not himself very friendly 10 the doctrine Of implied
ers Means, however, were subservient powers and
in the use OF these, the first question was, Is the end
to be effected within the expressly delegated powers
OF Congress! and then is this mean necessary and
proper TO give that power efec He admitted that Con-
gress have not the p0,cer 10 establish Banks they
cannot exercise under oil circumstances and every
purpose; but II was 20 be justified only
ed 0>-'o r'"'' expressly gram
Some gentlemen, however, construed necessary as if it
absolutely were interpoaied but surely more
lair in the construction OF any than give
words their natural and commonly received accepaon-
Johnson defines necessity be thing that is needul
and need he explain by want occasion. In common
word admits graater latitude of comparison Thus
the gentleman from Albemarle (Alr Gilmer,) tells
necessary TO act ely tie depose question
express disaPprobaon Of violent usurpation by The
Executive, dangerous to the liberties of the people and
my friend from Hanover (Mr. Roane) has told us il
is necessary in order TO crush this political Sampson
whilst shon Of his hair lest he again his
and pull down the pillars OF our political fabric that
should now express our belief Of the
Of the Bank; yet neither OF these gentlemen surely
Ievc that liberties in other way be
Why them should we think the word perfectly infe xbIe
as placed in the Constitution! Such would
not only deny to the Government all choice of means
but place in the still more ridiculous attitude, of be.
ing unable 10 do any thing, whenever there
to be any two modes of eiIecing the same object For
instance, 10 raise armies expressly pow.
err but The means Of efiecting il are not defined When
Congress came 10 exercise the power therefore, might
be objected to doing by draft, that is absolutely
necessary TO the power may be done by voluntary en-
lstmens; and when that tried, il mis- ut again be
objected, that Inc end might be eec in the other way
and therefore, This absolutely necessary 10 Ell,
the Object. Had the Convention intended this strict ap
pcaon oil The term, they would go have expressed it, as
they have done in another part o! the where
they declare that emo Sae SHALL without the consent of
Congress- lay any mpos,s duties on imports or exports
he
its inspection laws" Here, where the restriction was i'm.
tended TO be absolute, they have failed make il So
and Their not using The same language in the other clause
oil the Instrument would seem TO be conclusive proof
il was not intended to DO equally restricted one will
deny, that without this clause by fair all
the proper aud convenient for The
powers into effect, would have been considered as dele
gated TO Congress, provided they not inconsistent
with the spirit OF that instrument The power TO raise
taxes, would necessarily have included the power of se
lecung the Objects assessing them equtaby, and collect
ing them with as little inconvenience tie community
as possible. Was this clause intended restriction OF
those powers, already granted TO Congress? In the Con.
stuiioD, il stands forth in bold relief not among The re-
OF The Constitution knew that il was objected TO- NOT for
It's weakness but its strength On this ground, t,ey
knew ii had in this Hall to encounter The logic Of Mason
and the thunder OF Henrys eloquence. Would they
not gladly have disarued hostility, by repre- sen,iny
this as great restriction that pow err the grant of which
was so much dreaded, If it had been considered at the
time! defy gentlemen 10 shew one line in the CO.
lebrated letters o"Pubcus" which sorepresents IT, The
word proper. would certainly admit Of great choice in
hedhs, Dut why W that CHOICE hal already been
away by the word necessary, another term intro
duced, which uuquestionabiy notifies in The CO. cIu
sion TO which my mini has come NJ said said Mr. C. is
This: According 10 my understanding of powers the Fee
deral Government can claim none by mpca that in
carrying mo effect any granted power, Congress has
right 10 The use OF all means which and
proper TO that end, aud that the duty OF showing their ne
ces'y and Illness devolyes upon those who claim 10 exer.
else them.
Is Bank then, necessary and proper for efec-
tuang any OF the expressly delegated powersi One Of
these IL, TO regulate commerce among The different States
Not to prescribe rules for buying and selling, Tor that
properly belongs TO the States but TO provide such cur
rency, will be uniform throughout The different States
facilitate the transactions OF all those engaged in busne 49,
and especially the commercial exchanges between differ
en' parts OF the Union. What the State of the cur
rency, before the creation OF the present Bank of the Uni
ted States! Many OF US remembers when Bank notes bore
price IL the market varying according the supposed
credit oil the Bank from par TO 25 per below il: va
rying too, according to the place IN which your lot
TO pass them. The notes of the New York Banks for
instance, et Two per cent. discount in Phi
ladepbis, whilst those OF Philadelphia were equally
below par in New York. TO know the value OF any
note, IL must be tested by The price broker would
pay for IT, The larmer could tell what he was nc.
tually receiving for his produce, but knew he was
weller was frequently unable pay for his supper ith
ts change lie unfortunately received al breakfast The
merchant was obliged TO sell his goods not at fair price
only but al such rate would also any probable
fluctuations IN exchange Exchange could only be effected
through the agency OF brokers' aud therefore
eventually fall Upon the sgricui,ufist and aborer pin.
cpay; upon the ignorant aud unwary in every ppgspit
Was the duty OF government Instituted for the
ness and protection Of the people correct Ibis state
things, If within her powe The public voice demands
oil Congress so TO exercise the power Of regulating com