Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-03-06


thor'iy, the highest value which gentlemen may
choose to attach to the opinions of Mr.. Hamilton,
IN the mastery argument which he submitted to the
President, and to add to il the still more imposing
authority of Washipgton's approbation--yet, sir,
hope may he permitted, without disrespect or ir-
reverence, TO say that the opinions of jefferson and
Madison are entitled to equal consideration. They
denied the power, stood upon the Constitution, and
challenged them to shcw It. MIR. Madisons argu-
men' acknowledgedly tho greatest effort of his very
distinguished parliamentary career, has not yet been
met or answered; confuted certainly, it never has
been-nnd MIR. Jefferson died in the faith in which
ne had been nurtured. But, Mr. Chairman, is Gen.
Washington-a great and venerable name-is his
signature to the Charter of the old Bank of the u.
States under the circumstances Of the case, concl-
sive OF his opinions? We know, sir, that he long
doubted-long deiiberatcd. Aud how far sr-will
gentlemen toll me how far--was his decision in
fuenced by the advice of Mr.. jefferson? If he
doubted, he should ~itla the decision of Con-
gress. Thus stood the decision of Congress i'm 9I
Or, upon what grounds did the advocates of this
power rest their claims at this day?-for il undeniu-
Diy Is not among the enumerated powers, nor did
they aiiedge that 1t was. They, them sir, as now,
relied upon that clause of the Constitution which
empowers Congress to make all laws necessary and
proper 10 carry INTO execution the vested powers.
This question, in this branch of it, has been SO ably
and conclusivey argued by the Senator from Wythe,
that might permit it to rest where he left i'll
shall but merely glance at it. Those wise men who
framed our system Of government, knew well how
lmpracticabie was, did they attempt it, to emu
inerate specifically all the various parts which thew
deemed necessary TO keep i'm action that complex
machine which they We're constructing. They could,
IN the compass of few sheets name those only
which they considered primary or leading powers
ana then proposed, under the words Unnecessary and
proper, TO include all those auxiliary or sub,rdi.
nate powers which were requisite to execute the
rst or primary class. They SIR not appraised of the
suptiety OF construction which would be EMPLOYED
thought that abundant provision had been made
against the dangers ofusurpaon in the nterposirion
of'hose words-they considered they truly bu.
the means to effect end--tiIey never dreamt
that by the potent inhuence of construction those
terms could be expanded into all the dignity and
force OF enumerated powers. Here is the dividing
ilne, Mr. Chairman, between the two beigerent par
ties IN our country, aud from this of conflicting
principle have sprung all the mischies of that div.
slon Whilst on the one side, the party in favor of
strong Federal Government resort to constructions
to enlarge TO an unlimited extent this class of derva
tive powers, those who incline to the other school
convinced that the government under the most re-
srcted operation of its powers sufficiently strong,
for the purposes for which it was designed are dis
posed to give ii its NATURAL which they understand to
DC limited operation. The question, sir, recurs, to
which OF The enumerated powers is that power to
charter q Bank-an incident necessary and proper
for the effecual execution of granted power. The
gentleman from Louisa-stilI following the lead ofhis
eminent master, in this school of political economy
Locates the claim in those clauses of the Cons-
ton, which empower Congress "To lay and collect
taxes Sand that to borrow money! to provide for the
common defence and general welfare" What Mr.
Chairman, is the natural and appropriate meaning of
those words? do not understand the gentleman to
contend in so many words, that they mean conducive
to this general welfare, though his and all the other
arguments on the subec; leave it in doubt whether
1t might not be extended to generality so m onstrous
and unlimited that. If he does or it can he done
land confne myself to a single remark on thai
point) then is clear that limit can be assigned
10 the power OF Congress / admit, sir, and wish
gentlemen to take advantage of this by the adj
mssIon that one OF the great objects of the govern
ment Is to promote the general welfare-or that DUR
pose was fought the war of the Revoution-for thot
purpose we associated under the Articles of Copfe-
deration For the better effecation of that object
we resorted to Convention, revised and improved
our system, and consolidated our welfare i'm the
adoption OF our present existing Constitution Yes
Sir, one of the great ends of governments is to
promote the general welfare-but sir as long as Won
recognise ours TO be a government of granted pow
ers, you must do SO by the means granted in the
Constitution. That such is the Just and proper CON
sructon of the Constitution, is clearly manifest i'm
the proceedings of the Convention that framed it,
Abundant examples of this fact are furnished in
the journals of that body. Examine those pro-
ceedings, Mr.. Chairman, and you will find that
n resolution was proposed and negatived to give
TO Congress the power TO make sumptuary laws
fe Sir, 1t will he conceded, that luxury from
the days OF the Spartan law-giver to the present
times, has been acknowledged TO be great and
dangerous malady--and, therefore. a regulation of
expense, legal prescription and enforcement of
irugality would be worthy the consideration of a
free people, and come fairly and legitimately within
the scope of the general welfare or as lust mean
to effect desirable end-Again, sir, what could be
considered more conducive to the general welfare
than the diffusion of knowledge? knowledge sir.
in free stale is powerful Yet, sir, the power
TO diffuse this knowledge, through the means of a
University, was proposed, and refused What Mr.
Speaker, could he more conducive to the general
welfare than this? Upon what foundation can we
SO safely rest our institutions, as an enlightened
public opinion? Ii is the only safeguard of our IL
berries But, sir, jealousy-a wise jealousy of go
that day withhold it from the patronage of Con-
gress. illustrations of this might be Indefinitely
multiplied. Enough have been given to show that
it was never designed that Congress should have
power to do whatsoever was, in their iudg-
ment, conducive TO the public good--but that all
which was not given, Of clearly deducible from the
granted power, intended to be subject for
regulation within our own limits But
sir, the words Unnecessary and proper" still confront
rs in the Constitutions; and bound to make
some reasonable disposition of them. They are
words, sir, and the dictionary may define them: What
says it, "lDdispensabIy requste;" but gentlemen
would object to this, and shall not rely on this de-
fntIon. choose rather the definition of Mr. Ma
olson, which has been adopted by the member from
Wythe, that necessary means that which has a ma
ura, direct, and appropriate relation TO the object
without which, the enumerated power could not be
,ffectually executed. The Senator from Wythe has
illustrated this by many examples. Congress has
power TO "ay and collect taxes" and, therefore, gem
tlemen on the other side would say, to establish
National Bank fiscal agent to facilitate the colIec
ton and disbursement of the public monies, to re-
a Al.