Piney Woods planter. (Liberty, Mi. [i.e. Miss.]) 1838-1840, 1839-11-16


or, the first question is whether the
power be oppressed in The constitution.
fit be, the question is decided. lit
be not oppressed, the ncxtqucstion must
be, whether it is properly an incident
to an expressed power, and necessary
to its execution. If it be, it may be
exercised BY Congress. L IL be not,
Congress cannot exercise IT," y 1ae
power be not oppressed, tits not enough
that it may be convenient or erPedte"t
10 exercise it, for such construction
ofthe constitution ofthe United States
would referits exercise to the unlimited
and unrcslraincd discretion OF Con
grcss, to determine what would be cor
0eniemt or erpedient, thereby making
the exercise Of important powers by
the general government 10 depend up
on the varying discretion OF successive
Congresses. 1t must be ''neccssDry
and proper power. 1t must he an Incl,
dent to an cypress power. Unnecessary ana
proper" to carry that express power m
to effect, and without which 1T could
not be exercised and would be nuga-
tory.
Mr.. Jefferson. whose sound cxposi-
tons Of hc.relative powers ofthe fed
eral and state governments but few OF
my constituents will be prepared at
this day to question, near the close OF
a long and cvcntful life ofpublic use
lulncss declared to be most false and
unloundcd, the doctrine that the com
pact, in authorising its Federal branch
to lay and collect taxes. duties, impost'
and excuses, to pay the debts and pro
vide for the common defence and gen
cral welfare of the United States, ha
given them, thereby, power to d
whatever they may think or preten'
would promote the general welfare
which construction would make tina
Of Itself complete government, with
| out limitation Of power, bat that tn
plain sense and obvious meaning were
. That they might levy the taxes ncccssa
ry for the general welfare, by the "a
, riou. acts Of power therein specific
: and delegated to them, and by no oil
: crs."
In all cases Of well founded const
/. tutional doubt, it is safest and wise
p tor all the functionaries of GovernmcI
q both state and federal, to abstain fro'
9 the exercise of the doubtful power
+ In all such cases it is both safest al
h wscst, to appeal to the people, the o.
0 Iy true source Of power, III the consl
!. tutionaI forms. by an amendment OF Il
e fundamental law, TO remove such dont
i either by an enlargement or restr'
,r ton of the doubtful power inquestio
u The federal government has at q
n ferent times assumed. or attempted
!. exercise powers, which. in my Jnd
&C ment have not been con 'crred upt
Z that government by the compact. :
i mong these, am free to declare y
70 solemn conyiction that the federal 20
d, ernmcnt possesses no constltusihn
70 power TO inco porate a .natioal pan
=. The advocates OF bank insist THAI
os would be Convenient and crp@dient, al
h. that it would promote the general W
m tare." but they have in my Jndgmc
20 failed to show that the power to G.
IN ate it is elthererpressly granted, or tn
A.. is an incident to any cypress pow
that is "neccssary and proper to car
=. that mower into effect. The "a
wv gers ofthc power ofsuch a corporate
he vast and irresponsible as expcrien
'at has shown it to bcl to the pubic lib
,,s ty. il does not fall within the scope
n. my present purpose to examine
tic have sen the power OF associal
,st wealth in the late Bank OF the Cm'
,at States. wrestling witha giant sirens
~ with the government itself-and
,al though finally overthrown, 1t was
zee until after long and doubtful contt
hc During the struggle, it manifested
,Iy mower for mischief which 1t would
dangerous to permit to exist IN
a., country: The Panic and saIarm'
~ distress and extensive suffering, viii
,sh in it's convulsive struggle to Perpefu
I'd its mower it inflicted on the count
10 will not soon be forgotten. Its mol
Nv ~ ons alliance with leading politicif
IN. and its open interference by means
~, the corrupting power of moneyi,n
NC w ,.tosts nj the times. had c
As, pcrtcd It into a political enginc' u
DC - control elections, and the course
NY 1 nubIic affairs. No restraints OF
eIe- p pould prevent any similar institut
ser from being the willing instrumental