Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-06-17

Tor. settles constitutional questions, binds not only
the future Representatives OF the People, but the People
emselves-and they cannot the decision except
by amending the Constitution. In vain will they elect
agents with instructions TO reverse the decisions OF
their predecessors and the charter their rights
10 its original puryfor ,hese agents will be estopped
the question hdring been finally settled by Precedent
Again, sirDo not the advocates Of ibis doctrine see,
that they citing the trne the Lee
gslature alter the Constitution; for is Just efeciu
ally altered by construction as by amendment Accor.
ing TO this doctrine, then, the party interested
ing netc pocers, effect their object by simple
Of legislation which may be the work OF day; willie the
other pary-thst too whose be alone the govern
ms MT was iustiued-can tske away the powers thus
sumed by their servants only by the tedious and difficult
process of amending the Constitution, requiring or6i-
ffdry majority OF three fourths.
Surprising this doctIine TO be true, would ask, how
many decisions necessary to give vsdityi The
only State IN the Union that know Of, which provides
for change of its Constitution by legislative action, Is
Maryland, and she requires three successive giaures
10 sanction the change.
In the OF the Bank Of the IT, States there is moi
decison, in favor OF the Bank purely on
grounds In 81 the true principles OF Interpreting the
Constitution, which led TO the civil revolution Of 1901 had
not been stiriedpoitical parties Il mean these divided
by priuciple) formed The gigantic institution
which arosc in 1916, and which is convulsing this
Nation TO its CENTRE owed IFS existence, not TO the convic
tous OF those who vshered il into the world of cons
tuiiooal legitimacy but 10 the state OF alarm panic,
In which they were placed by the Unprecedented cond
ton oil the country. need hardly remind you cir that
there have been two decisions adverse to the Bank er
pressy upon The ground Of its nc0nsfutionaiify.-
This account then, is more than balanced and the gentle
OF The side OF the ques lou he is advocating.
regret, sir, that have felt il my duty desin the
Committee so long, and sensible owe them apollo
gy Tor the very desultory manner in which have pre-.
sen,ed my views on this interesting subject The truth
Is sir have had time to prepare quite voluninous
but have not ouud leisure arrange digest or even 10
read them over ill the moment oil speaking. have
now discussed the only points meant touch; cam
not refrain from making remark two the argument
earnestly enforced by the gentleman from Kanswhs,
founded on terms Unnecessary and proper they
la the Constitution.
oil the Bank, as the only means Of counteacng the ev
impending the country in 1916 senced the cons,
iu'iona scrupes OF The Republican Party, aud induced,
them to favor IFS Incorporation ii is true, the vacang
and the mid-nay, sir, made OF serner stuff sacri-
feed their principles what they believed the altar of
public safety Amidst arms, the laws seut-So too
In times oil great civil alarm and panic, the Constitution s
too often dsre gafded and trsped under foot Such in.
stances are beacons to mot examples follow.
The error Of this argument consists in couiounding
STATE necessity sometimes leading to, if not jusuyiDg
the exercise OF powers beyond The id,o with the terms
necessary and proper, used the Constitution 10
deilne the incidental powers under that instrument To
consider the synonym with the other is to sub.
sttue views Of supposed expediency for
spechcaiions oil power-to adopt al once the sweeping
doctriue OF the general welfare" which changes n 90.
vernment OF defined and limited popers into
ing Tor hs powers upon the whu
oil those who are to administer il
Our history, short il is furnishes. two memorable in
stances OF ssfretch Of poorer beyond the Constitution
the purchase OF Louisiana and the exchange Texas Tor
Florida III ever there was, or can be psia-
ting, II not excusing such stretch OF power was the
hst ot those referred Louisiana then the
Of Spain, and commanded the outlet of the commsrco ri
halt the States OF this Union. To the eedom safe "
oil that commerce, and TO the peace and happiness oil
those States the acquisition Of this province absolute
~ necessary 1t could be acquired only by conquest
purchase The first forbidden by the moral sense
our people and the genius and spirit Of gor erumen
the latter was unauthorized by the Constitution
The illusitious statesman then at the head OF affairs
profoundly Impressed with tie absolute necessity oil get
ting possession OF the city which held the keys Of the
western world, yet faithful TO the Constitution he
hes ate IN ha ba
should pursue. Revolving The injustice and immortality
OF waging war of conquest he the only other all
ierns'ive-ot acquiring the Territory by fair and open
purchase Conscious that the Constitution had invested
him with no such power lie boldly assumed response
biy oil the trusting The good sense and the
justice oil s country TO furnish his excuse; neither
he nor those wis acted with him. ever insnudfe ed
that this strong State necessity enlarged in the slightest
degree, his powers under the Constitution He frankly
svowsd mat he was exercising ga power beyond the
law yet sir, might he not have claimed this 30 w
er as incidental TO the making power with quite
much pisusiby can be urged in OF the host oil
deHvaive powers habituay exercised by the Fedo
RAJ Governneni-thai Tor charering the Bank the u
Ststes among the rest'
The case OF Texas yet stronger There was here not
only the purchase OF territory, transfer of
ton OF our domain. The genhemans argument wonld
eg.lse both oil these acts. and establish precedens
sscertainng the constitutional powers OF the
touching the purchase sale Of errtory for in both
they the OF the Gov nt and were
sanctioned by the People. Either the doctrine of prece
dent is unenable, or ii embraces the which
have referred Ii the doctrine be untrue, there an end
OF the arguments il il be true then is it settled that the
feders Governmen can sell aud ALLEVIATE Of the States
OF this Un'on! The gentleman may choose by which
horn OF The dilemma he will be transiixed.
Sir, have done all intended in expressing nv Olsen
10 doctrine which will Introduce principle into our
form OF government and irsught with tile most ser
Gus evils TO our political institutions.
thank the Committee for their indulgence, and will
trespass no longer on their patience
YNNo THE PUBLlC.--Some Information is wanting in
M and lepa rpure ~ 10