Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-02-27
Virginia Legislature.
DEFERRED DEB.q1,E.-T Condemned


Speech 81 Mr.. WINSTON Of Louisa, in the Senate of
Virginia, on The 29M January, 1884, IN Committee
Of The Uhote on the constiiuiionality of the Bank of
the United States.
Mr. Winston said he would occupy but short
time in explanation Of the motion he had made and
IN reply to the gentleman from Wythe. That gen :
tiemaD urges with great confidence that the power
claimed by the General Governments is NOT TO be
found IN The Constitution; that is separate and
distinct power. He argues, said Mr.. w, that while
set aside the power to provide for the general wei
fare, place my reliance sweeping clause which
IN fact amounts to taae same thing. We all agree to
the exposition lac has given of the principles on
which this government is founded. We all agree
that II derives its power from the people, and can
ercise none which is not delegated by the Consti-
tuition But the gentleman says, that the clause grant
ing 10 Congress all necessary aud proper powers
was unnecessary aud superfluous-inserted from
abundant caution, lest questions should arise in re-
gard 10 the means of carrying into execution the
delegated powers granted But does this prove
that Congress has not the right to TO means
necessary and proper for thai purpose? Certainly
not. Then the question for consideration is--are
the means adopted necessary and proper? The gen
tleman from Wythe contends that the incorporatien
oil Bank is not necessary and cannot be resorted to-
But he further argues that the power has been de-
MED, and he resorts 10 the debates i'm the CoDven-
ton TO frame the Constitution where he informs us
that the proposition to give Congress the power to
create a corporation, debated i'm secret ses-
sion, and rejected. But, let me tell the gentle
man, said MIR. W., TINT the rejection of that pro-
position in secret session. argues no such thing
1t might have been proper and expedient to reject
the proposition thcn-and afterwards it might be-
come necessary and proper to exercise the power
And ask, said Mr. W., if the creation of a Bank
is not necessary and proper exercise of power by
Congress! What other means have been resorted
TO, to carry on the fiscal affairs of the Government
from its foundation to the present time? Could gen,
tlemen who oppose this power, devise any other
means Tor that great purpose, which would have
any probability of eftectng the same beneficial re-
Nn tttar rn,ll L....o
which would have sustained the Governments thro'
all It's trials and yicssitudes. Strip il of this power
and how would its fiscal concerns be carried on?
How would the taxes of the Government be col
lected and transmitted to the Treasury, unless as
he had formerly said, by the transportation of n
strong box from place to place, accompanied by
agents TO protect it?-When the power TO use the
means for carrying the ends of Government into
elect was given, it scarcely be supposed that
Congress would resort TO such means as these
line means most appropriate, adapted to
tne opJect IN view, arc those which are evident
Iy referred TO by the Constitution In anofJer
part OF his argument the gentleman from Wytbe
endeavors 10 shew, that this is not an incidental
power, and that have claimed it as a means in
cIdental to SO many powers, that it is impossible
to decide where it belongs. If, however il is n
means to carry into execution many powers the
reasons Tor It's use are so much the stronger The
view which Mr.. w. took of this power WINS s,s
tanned by Mr. Madison, the best authority that could
be had, in '9l. He then maintained that the govern
ment had right to adopt the proper means to car
ry into effect its delegated powers He argued that
the Constitution could not define all the means by
which its powers to be executed-tbat ours he
ing government SUI generiS, a government partIv
federal and partly popular, it could not be expected
that all those should he detailed ian the Com
sutution, which the government might find il neces-
sary to resort to. He went she that if all the
means had been inserted in the Constitution il would
havo hooo oodo Of laws in itse1f-bu Tint il was
deemed sufficient to grant the powers leaving Inc
means TO Congress, with the simple Limitation that
they should be necessary and proper. But ,te zen
ueman from Wythe says that the means nre ,oo
greenland that tho power claimed will lead 10 mis-
cbievous consequenccs-audif ad mtted ours would
pe government without limitation of power And
yet the gentleman must perceive that Congress nos
sesses Tie power TO declare war and make peocc
ana IN another section that they have power to risc
Hm,oS' = nc gentleman argues that Congress would
Hot p"Fe uhe power to raise armies MS an inciden,
10 mo power 10 declare war, if the former WINS mo-,
oPeoa'y enun'eraeu But iftlIe gentleman had read
the enumeration of this power II reoJs ,hns ~ IT.
raise and support armies, but no appronrio,io, c
hey to that use shall be for Longer tor, IT, .
years" 1t was in order to add this n;,a,"n .y'o
th's power was enumerated. While this nave, @
granted, tic trainers Of the Constitution did nn,
MINK II necessary and proper that Congress shouSI
possess IT for an unlimited period b,,f res,rc,o h
appropriation OF money for that purpose to t,,o
years. Inc argument of the gentleman couno,
therefore, DC sustained. That this power is ;nc;
dehtal, MINK have shewn; lift is necessary md
piVPoi Po"v,I, u.eh US constitutional for Congress
10 use IT. Mr.. w. had before argued tho, H. 500 500
or to create Bank an incident of ,bo ,,o po"
congress to coin money and regulate he vdI "
ne found likewise, that in the clause ",'u
states from issuing letters of credit or rnaL;s we
mug Dut god and silver legal tender the ySybniS
IT, OF tlc currency was reserved to Congress-
''"son 'or inns restriction was, that our forofa