Liberty advocate. [volume] (Liberty, Miss.) 1835-1866, 1837-10-03
LIBERTY, (MI) TUESDAY, OCTOBER 3, 1887 :

ted power; for the persistence OF Con-
gress in error can never transmute wrong
into right. Mr.. Madison, in this letter,
does not attempt to prove the constitution
lality of the bank, osto disprove the argu-
Ements advanced in his speech in 1894
This, he was we'll aware, would prove an
oyer-match for his aSgumentative pow
4 ers; hence he adopted the wiser plan, and
gave in his adhesion on the score Of "pre-
cedents." o.
After speaking of legislative recogni,.
tons of the Bank, and the length of time'
lit had been in existence. he says;-"A
Eyeto from the Executive under these cir
lcumstances, with an admission of the ex-
lpediency and almost necessity OF the mea-
sure, would have been a defiance OF all
the Obligations derived from a course OF
precedents amounting 10 the requisite ey-
idence of the nationat Judgment and IN
tention."
By the last quotation, itwilfbe seen,
that though MI. Madison admits the sex
peJiency'' of the Bank, yet he was forced
to acknowledge that It was not 'neces-
sary" measure.
TO clear himself of the charge of IN
consistency, it was then necessary Tor Mr.
Madison to prove either LIST, that the
power to incorporate Bank was "ne'
cessary and proper" power to carry into
effect some of the delegated powers:
This is perfectly consistent with the
rule laid down by Mr.. Madison in his
speech in 1874, and no just conceptions
can be taken against testing his "lndlvldu'
| al opinions" Of later date by 1t. In the
, last quotation, Mr.. Madison could not thinf
of bidding defiance to all the obligation
derived from course of precedents a
5 mounting TO the requisite evidence oil tn
national Judgment" How he could adop
: the vague doctrine Of construction an
, obid defiance" to the reserved rights O
e the States, after the noble stand ne ha
t taken in defending them, is indeed a mai
e ter of surprise; and especially so VINE
a we reflect on the language used IN his We
$ to message returning the Bank Bonus 81
= in 1917, from which the following eXtrat
: is given: "But seeing that such powe
s is not given expressly by the Constlt'
IS ton, and believing that it cannot be d'
= duced from any part of it, have no O
i ton but to withhold my signature from
4. cherishing the hope that lis benetlcl
l. objects may be obtained by a resort IL
c. the NECESSARY POWERS to the same WI
n dom that established the Constitution, al
is worked out safe and practical mode
O. improving it as experience might suggest
no In the message from which this extract
m taken, Mr.. Madison took the true grouin
n He withheld his signature from the b
ed appropriating the Bonus OF the Unit
A. States Bank to works of internal lmProV
~ ment. and had he also taken the sar
,s course in regard to the Bank Charte
a. after an admission that the measure W
nd not "necessary," it seems to me that
ho claim TO consistency would have be-
nv much better established than 1t ever G
ne be on the score of 'precedents.,
ii, If the continued legislation OF the n
st iorty on subjects "not expressly delee
on ted. or necessary and proper to carry
lar delegated powers into effect gives !,
nv right on the score of "Precedents'
MS needs but little penetration to see that
an chain may be forged that will reach eve
the object of legislaton-every Object WI
oes in the whole compass Of polltlcal eco
ra- my" % doc
viii whether or not Mr.. Madison, on the ba
her, question, has preserved character
can con sistency worthy of the praise and G
In '''''0" - PATRICK HENRY