The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1838-05-23

at the maR."
How j. il possible. sir. The gentleman
could % lar forget his eva agency IN
these most important transactions. - 10
stand M here. lie uiheE day. and with
an air nol only Of confidence bai defiance.
say: " Bat take : still higher ground. !
slrlke Al the root NJ the mischief. ldeny
The right II This Gossrnmeniia treat bank
aales a. money in iis fiscal transactions.
On this question ! never have before
eammiued myself. though not generally
disposed 20 abstain from forming or ex'
pressing opinions"
I viii only add. sir. that this reception
and payment Of bank notes was expressly
recognised hy the aei of the laih April,
1896, hy the deposiie act Of June Of that
wear. and hy the bill which passed both
Houses in 1897. hni which the President
did neither approve nor return. la all
these acts, 50 lar as know. the honOra-
bic member from South Carolina himself
eancnrrrd.
S0 much Tor authority.
Bat now. sir. what j. The principle Of
construction upon which the gentleman
relies to sustain his doctrine. &" The ge-
MUS of our Constitution" he says. " is
opposed tn assumptions of Fower." This
is undoubtedly true: no one can deny u.
But he adds. - whatever power u giFes.
is expressly granted"
but | think. sir. this By no means FOL.
lows from The first proposition. and can
MT be maintained. Il is doubtless true
that no power is tn be assumed; but then
powers may be inferred, or necessarily
implied. Il is not question Of assump-
lion. il is not question of fair, just, and
reasonable inference. To hold that no
power is granted and no means aulhoEi-
zed, but such as are granted or authorized
BIZ express words. would be to establish
doctrine that would put an end 10 the
Government. Il could not last through
a single session Of Congress. II such
opinions had prevailed in the beginning,
il never could have been put in motion,
and would not have drawn its first breath.
Nv friend near me. from Delaware. has
gone so fully and so ably into this part
of The subject. that il has become quite
unnecessary for me 10 pursue il. Whert
the Constitution cOnfers on Congress a
general power. or imposes a general dn-
". all other powers necessary Tor the ex-
ercise Of that general power. and for full
filling that duty. are implied. so FAR as
there is no prohibition. We act every
DAY upon this principle. and could not
carry IN The Government without lis AID.
Under the power to coin money, we build
expensive minis-tiIl them with officers
punish such officer for embezzlemen,
buy bulIion-and exercise various 9th.
er acts OF power.
The Constitution says that the judicial
power Of the Gated States shall be vested
in certain courts. Under this general
authority we not only establish such
courts. but protect their records by pc
nallies against forgery. and the purify oil
their administration by furnishing PERU
ries.
The Department Of the Pos. Office is
another. and signal instance, OF the ex'
tent and necessity OF implied powers.
The whole authority Of Congress oseI
this subject is expressed in a very few
words; they are merely ito establish
post offices and post roads" Under this
short and general grant, laws of Congress
have been extended To great variety d
very important enactmen's, wlIhou. Iht
specific grant OF any power whatever, a:
any one may see who will look over Ihs
post Office laws. In these laws, among
other provisions, penalties are enscte,
again:, a great number Of Offences; thus
tleducing the highest exercise OF crimI
nal Jurisdiction. by reasonable and ncces
sary inference. from the general auIhori
iy. Bu, | forbear from traversing fell
already so fully explored.
There are one or two other remarks
sir, in the gen,leman's speech. which
must not entirely omit to notice.
In speaking o! the beneficial effects q
this measure, one, he says. would be
that the weight Of The banks would b.
taken from the side Of the tar-consumers
where it has been, from the commence
menl Of the government, and placed Of
The side Of the taxpayers. This grea
division of the community necessarlI.
grows out Of the fiscal action Of the go
vernment."
Sir. utterly deny that there is the Ieas
foundation. in fact. for this distinction
/ Il is an odiOus distinction, calculated 4
inspire envy and hatred; and being. as
think wholly groundess, its suggestion
and the endeavour 10 maintain 1t, oueh
TO be resisted. and repealed. We are al
taxpayers in the United States. who US
articles on which imposls are laid; ant
whois there tina, is excused from this tax
or does not pay his proper part Of il, &C
corling TO his consumption! Certalnl.
no one.
On the other hand, who are the tax
consumers! Clearly, the Army, the Ma
Wy, the Iaborers on public works, and 9th
er persons in Government employment
(