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

imaginary facilities they think good to accomplish
their object They disregard the very relations they
themselves admit to be true, between the granted
and dervative, the primary ind secondary powers.
From an unexpressed, restricted aud minute power,
they claim the right to infer unexprcssed, un-
restricted and unlimited power-inverting the order
OF nature they nuke the less produce tho greater:
they make the money to enable them to borrow
such, MIR. Chairman, is the danger and facility of
construction. Why not, sir, compute the value of
your imports-or calculate the probable income of
the present ycar-and farm as you would sherffal-
uesof your countes-that would be mean to effect
an end, speedy collection of your revenues. Sir,
tins IS the doctrine of convenience which has been
SO vehement'y commended for by the advocates of
this power of limitless construction Sir, il you
can occlimate this doctrine of discretionary con-
structon-h the Constitution can be converted into
such AN elastic structure, what there to hinder the
establishment OF amy and every description of mo-
no?oIy, which the pleasure or fancy of the ma
Jority might choose. This comedies, Mr.. Chair
man, to an irresponsible majority in Congress, the
power to adopt whatsoever measures they please,
provided, III their judgment, they be con-
duslve to the general welfare--and erects this
consequence into an affirmative grant of power
Lhat would be- sir, to all intents the much repu-
dated and the 20 justly reprobated doctrine of EAR
iamentary omnipotence; and becomes, in legslative,
what was said by great and philosopher, to
be true IN chancery power-to determine every
question, not by fixed and settled principles, but by
the unequal and varying length Of the chancellors
1907. Tins doctrine of convenience discretion,
standard of constitutional power! Sir we treat the
trainers OF our Constitution with disrespect, when
we say, that they did understand the meaning
OF words They understood them well and acc,i-
ratey, and applied them appropriately to the objects
tney had IN view And can it be supposed, Mr..
Chairman, without great violence; and some impu-
tation on their common sense, that when the Con.
vention were celebrating the monied affairs of
| the country-when the circulating medium was the
subject of their immediate consideraton-when
| mt s,ln s,Es
gress (" to coin money" was upon the anvif--thnt
then; that place. they should not have located and
distinctly given this power to establish a Bank
as the means of regulating the currency-but should
have left 1t a vagrant power, TO be inferred from
any part OF the Constitution, however irrelevant
the subjects, or disconnected the propositions p
But, Mr.. Chairman, if the term Unnecessary aud
proper" give authority to Congress to charter n
Bank, upon the suppOsition of its being conducive
to the general welfare, what becomes of the 10Th
amendment to your Constitution PIT need never
have been adopted-it is no limitation on the pow
ers OF Congress. This, sir, is too great power
TO be only an iuferentiai one-it shadows many of
| the granted powers. Then, Mr.. Chairman. think
1t has been shown that it is granted power nor
| necessary or proper to execute any of the enume-
rated powers 1t is not included i'm the power
TO com money. That power had reference 10 a me-
tailic currency Of our own, and regulate the va
Tue oil that, as well as foreign metallic CURRENCY
that 1t is extended by that rule of universal appli
cation-that the expression of one thing is the ex-
onouneT-anu thnt II can be only legiti-
mated ny an amendment to the Constitution. AS far
as precedcnts and authority have been relied upon
subsequent TO lI91, L think the positions assumed
by gentlemen equally untenable. / need not refer
you, Mr. Chairman, or the Committee to Mr.. Ma
dison's Report i'm 80. In that commentary as Or
thodox as elaborate, find this very claim to es-
tabiish Bank, mentioned Que of the abuses OF
the Constitution.
Afterwards, sir, in 1911, the Virginia Legislature,
by large majority after great consideration md
with the experience of the old u. s. Bank before
them, decided against the constitutionaty of the
Bank. The war shortly after was declared, and
commercial embarrassment and national bankrupt
cy and individual distress to an Unprecedented ex
tent followed in its train-and Virginia would seem
to have acquiesced in the exercise of this power
She elected Senator to the Congress of the United
States, the avowed advocate of the Bank; and this
acquIescence, under these circumstances of gloomy
iorepodng, is argued as an abandonment other prn-
cipes. She did seem to succumb sir; her best and
truest men bent TO the storm, when they could no
longer resist its fury, and would have venured upon
the experiment of Bank. That bill was lost, sir
more from objections TO It's provisions than the want
OF power TO pass it. The war had closed, sir, be-
fore the present Bank established-and we are
LETT to conjecture only, 10 determine how il could
have survived the conflicts what aids it could have
gwen the government in the hour of its distress Ii
would not, apprehend, be too hazardous TO saw
TINT 1t could not have continued specie paving
Bank.
might object too, sir, to gentlemen who RELY on
preccdents, that they are never of high authority
when drawn from times of civil connection: where
necessity makes laws it may well establish prece-
dents The war was not time for dspassionate
deliberation, rigid observance of constitutional
rules, in measuring the powers of Congress. Then,
| sir, it seems to me- after careful examination of
this whole subject, whether it is TO be decided
upon the number or weight of precedents so
far rs Virginia is concerned or the authority of
great names in our national councils or the
still higher authority of the Constitution ITSELF the
scale lnclines 10 side. The question of ex-
pediency, which has been much urged in this de-
BATE is not embraced by the motion, and shall not
here advert to it:-hat, with other graver matters
may come up on another branch of our enquiry,
when propose to present my views upon them.
| am done.