Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1838-05-29

root Of the mischief. deny the right Of
this Government to treat bank notes e
money in It's fiscal transactions. On this
great question / never have before com
mi:ted MYSELF though not generally Dis.
posedto abstain from forming o. express
sing my opinions.
Twill only add, ir, that this reception
and pavment 81 bank notes vas express.
" RECOGNISED BY the act of the l4th April,
1885. by the deposite act Of june Of thai
wear. and BY the bin which passed both
Houses ia 1887, but which the President
did neither approve ner return. In all
these acts, so far as know, the honora-
bic member. from South Carolina himself
concurred.
So much for authority.
But now, sir, what IS the principle of
construction upon which the gentleman
relies to sustain his doctrine " The .ge-
MUS of our constitution" he says, " IS
opposed to the assumption of power. "
This is undoubtedly true: no one can de.
nv it. But he adds, whatever power il
gives, is expressly granted.
But | think, sir, this by no means fol-
lows from the first proposition, and cam
NOT be maintained. It is doubtless true
that no power is to be assumed; but then
powers may bO inferred, or necessarily
implied. It's not question of assumP.
ton, it is a question Of fair, Just, and rea.
sonable inference. To hold that no pow.
o. is GRANTED and no means authorised,
but such as are granted or authorised by
express words, would be to establisha doc.
trine that would put an end to the Govern
ment. 1t could not last through a single
session of Congress. If such opinions
had prevailed in the beginning, it never
could have been put in motion, and would
not have drawn IFS first breath. My friend
near me, from Delaware, has gone SO full.
" and so ably into this part Of the subject,
that it has become quite unnecessary for
me to pursue it. Where the constitution
conlers on Congress general power, or
imposes a general duty, all other powers
necessary for the. exercise of that gener-
al power and for fulfilling that duty, are
implied, so far as there is no prohibition.
We act every day upon this principle, and
could not carry on the Government with
out its d..--Under the power to coin
money, we build expensive mints-fll
them with odicers-punish such officers
for embezzlement-buy bulIion-and ex.
ercise various other acts of power.
The constitution says that the judicial
powerof the United States shall be YES
ted in certain courts.-Under this gener-
al auth ,rity we not only establish such
courts, but protect their records by penal.
ties against forgery, and the purity Of their
administration by. Furnishing peuuries.
The Department Of the Post Office is
another and signal instance, Of the extent
and necessity of implied powers. The
whole authority of Congress over this SUBJ
ject is expressed in very few words; they
are merely to establish post offices and
post roads," Under this short and gener-
al grant, laws Of Congress have been ex-
tended to great variety of very impor.
tant enactments, without the specific grant
of any power whatever, as any one may
see who will look over the post office
laws. In these laws, among other provis-
ions, penalties are enacted against a great
number of offences; thus deducine the
highest exercise of criminal jurisdiction,
by reasonable and necessary inference,
from the general authority. But for.
bear traversing field already so explored.
There are one or two other remarks,
sir, in the gentleman's speech which /
must not entirely omit to notice.
In speaking Of the beneficial effects 81
this measure, one, he says, would be, that
" the weight Of the banks would be taken
from the side of the tar-cOnsumers, where
it Eas been, from the commencement d
the Government, and placed on the side
of the tar, payers. This great division Of
the community necessarily grows out o.
the fiscal action of the Government. .
Sir, utterly dsay that there is the leas
foundation in fact, for this distinction. |
is an odious distinction, calculated to in
spire envy and hatred and being as
think, wholly groundless its suggestion
and the endeavor to maintain it, ought t
be resisted, and repealed. We are all tax
payers, in the United States, who use arti
cles on which impo>ts are laid !; and who j
there that is excused from this tax, or doe
not pay bis proper part Of it, according t
his consumption Certainly no one.
On the other hand, who are the tax
.consumersl Clearly, the army, the navy
the laborers on public works, AMI othe
persons in Government employment. BIZ
even these are not idle consumers; the
are agents Of the Government an
of the People.-Pensioners may be cor
sidered as persons who enjoy benefit fror
tpublic taxes of the country, without rer
dering present service IN return !; but. th
legal provision for them stands on th
ground Of previous merits, which non
deny. If we had vast national debt, Ii
annual interest Of which was charg
upon the country, the holders of this del
might be considered as tax-consumer:
But we. have no such debt. If the di:
tiuction, therefore, which the gentlema
states exists anywhere, most certainly
n does not exist here, having so little founda
ton, and yet so well calculated to sprea
lpreludlce and dislike, far and wide agains
the Government and institutions Of III
country. e,.s.
But SIR, / have extended these remarks q
ready to length for which find noiustifc:
ton bat in my profound conviction Of the IN
portance of this crisis In our national affair
We are as il seems 10 me, about t0rush mad
from urpBOper spheres Weare TO relinqnis
4 fha narforfnaY,ca rf olr evvyY, ineunahonf I.t;.
to abandon the exercise Of essential power
cOnided BY the constitution to our hands, 4
the good oftne country. This was my opn