Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-11-05

tGrf,p 81 :
ration uf the ord nate Departments" 81 ht o'a'' ~"
vernnrn, in all such measures OF public pocy rs ,,
he calculated To maintain The hp character Of the "
and 10 advance and pfnmo!e The interests, thc "'PF
and prosperity of the People. ,o,,
proper respect ior public opinion, US wen 20 ,t
plonce with the public expectation, seem 70 ). W. ia;
should upon this occasion publicly declare .ne ,aJ
principles which shall! deem 1t proper 70 oe o 49,
in the conduc, Of the Stale Administrator so lni as e
action of the Executive branch may ue conee'nu
Under our happy system Of Government 'he o'''ra.e
md supretpe sovereignty rests IN the reopf. nc
movers of Government delegated 10y the People 10 'he
public func,ionaries are by our CONSTITUTIONS dsue
between the Federal aud State auih"riues ne ota'
Governments are not, hes been enormously sopp"s
bv some snbordinate to the Federal Government Ihey
are coordinate Departments of cne simple and int'a
whole" The States have parted with certain ehuIhe
rated and specified powers, and oy the CONSTITUTE" "
the United States these are delegated 10 Inc fPneia
Government and can only be righ,ully exercised oy
that Government. "The powers not delegated 10 'ne
United States by the Constitution, not prohibited by
to the States reserved 10 the States respectively or
to the People" By the partition Of powers thus dis
tlncty defined. il lie manifest that each Government pos
sesses powers which withheld from the other AND
so long as each acts within its legitimate and proper
sphere The system works harmoniouey and affords 70
the citizen greater amount of security for siie liberty,
and property and in The pursuit oil happiness, IMAM is 70
be found under any other Government which mas ever
existed When either oveiesps the true boundary pre-.
scrbpd for its action and usurps the exercise OF powers
properly belonging 20 the other the harmony oil me sys
lem is disturbed and agiiang collision arse "nch are
calculated 10 weaken The bonds o. U mon 81. mere
fore The States should be jealous OF every ehc'
Of The Federal Government on Her r'ghs' ey sno".o
be careful 10 coufne themselves 10 lneif own ac"o' "
the exercise Of powers clearly reserved 70 mem
n will do not doubt, be the patriotic desire OF my
constituents as know j, will be n'ine IN me uscus.
NJ The functions 10 which called that "the supper.
ne tho S,o,e Govprumr all their rigfis, us be uos'
competent administrations for our domGstlc cohce'
and the suest bulwark against nnll-repnohcan e"ue"
css and that SHE preservation OF the Generai o"V''"
mon, in j,s whole constitutional vignur, as me shett
anchor of our peace OF home and safety ooroao s,a
be scrnpulousy observed and invl"abiy main's'heo'
In ascerainng The true line OF separation oet"s t
The powers uf the General Government and OF tne
States much difficulty has often bee n experienced 10
the operations OF our system L he powers oeiran 70
the General Government either express or ihp'ed
The general rule of construction LAID down oy 'he ue
neral AS sembly Of Virginia IN ivy may De
as sound one by which 10 determine wnethef gwen
power has been delegated 10 that Government, OF &c
served 10 the States That rule Is" heneSef CUES
ton arises concerning the constiuonaily OF Pattcu
lar power lhe first question is whether The power oe
expressed The Constitution. II il be, The question IS
DECIDED IL il be not ezpyeSsed the next question ust
be- whether is properly an tncadent 10 an eAp'sseo
n,wer and a,cessarv TO us execution. If IL be, II may
be txercspdy Congress II IL be not, Congress cannot
exercise If the power be tZprtSstd. IT Is not
enough that il may be COMMITMENT or 1pedm 10 eStrclse
it, for such Construction Oh the Constitution o VIC
o. s would refer s exercise 10 The unlimited ana w.
restrained discretion Of Congress; TO determine ~hat
would be ezptdssnt, thereby making Tue
m.nl 10 depend upon the varying discretion OF successive
Congresses. II must be necessary and Pr"pT power
II be incident To an express powell necessary
and proper carry that express power INTO ehec' ana
without which could not be exercised and would pe
migratory :. -.
Mr. j, hrrson whose sound exposons OF the relative
powcrs OF the Federsl aud State Governments but lew
of nv constituents will be prepared at thus day 10 ques-
nm near The close OF long and eveRi!u life Of public
usefulness declared, rio be most false and unonndeu
the that The compact in authorizing It's Federal
branch lay and collect duties Inposis and ex-
else to pay the dcoIs, and provide Tor the common de-
fence and general welfare oi the States, has gwen
them thereby power to DO whatever Mfy may think or
pretend would promote The general welfare, which con-
s,ruclion would make that oi Itself complete govern
ment, without limitation of powers bu, that The plain
sense and obvious meaning were that they might ieVy
the taxes necessary 10 provide Tor The genera wehae'
BY the acts oil power therein speci!iea ana uee'
gated 20 them, and by others.
ln of well founded constitutional doubt, II IS
safest and for oil the uncilonores Of Government,
both Siae and Federal abstain from the OF
the doubtful power In all such i, both safest
and wses appeal 10 the people the only true source
Of power the constitutional iorus by an amendment
Of the fundamental law. to remove such doubt, either
by aresricon OF the doubtful power
The Eedesal Government has at different times as
sumed or attempted exercise powers, which IN my
Judgment have not been conferred upon that Govern
nent by the compact Among these. | am free To de-
cure my solemn conviction that the Federal Government
possesses constitutional power 10 incorporate
National Bank The advocates nf Bank insist that IL
would be and taEoaIent, and that 1t would
promote the general welfare but they have IN my
Judgment fned TO show that the power to create II is
either expressly granted or that II is an incident to any
trDrtSS power that nfceSscyy and proper to carry
that power into effect. The alarming dangers OF Tie
power Of such corporation (vas end irresponsible as
experience has shown IL TO beg TO The public liberty,
il does fall within the scope OF my present purpose
fully 10 examine we have seen The power OF asso
caled wealth in The late Bank oi The states
linz ith mia nj s,f GOvPTume
i,seli-snd ali huuSh finally oveown II wps not unlii
after long and doubtful contest. During the struggle,
it manifested power for mischief, which II would be
dangerous Ia permit 10 exist IN a free country The
panic and alarm the distress and extensive suffering,
which in lis convusive struggle to rrrpeuate lis power
it inflicted the country will not be forgotten
lis notorious alliance with leading politicians and lis
open interference by OF the corruptng power OF
money the political contests OF the times had convert
into political engine, usrdto control elections and
the If public affairs No restraints of law could
prevent any similar institution from beng the willing
instrument used for similar purposes The Stale OF
Tennessee through her Legislature, has repeatedly de
clared her settled opinions against The existence of such
institution, and at lime in lis favor. She has in
srucied her Senators and requested her Representatives
in Congress 10 vote against the establishment Of such
institution In these opinions, heretofore expressed by
the State, entirely concur.
Of the same character is the power which at some
time has been attempted to be exercised by the Federal
Government, OF first collecting by taxation the
people surplus revenue beyond The wants of that Go
vernment, and then distributing such surplus in the
shape OF donations among the States power which
has not been conferred that Government by any
press grant is il incident 20 any express power
Unnecessary and proper" for its execution 10 concede
such power would be 10 make the Federal Govern.
ment, Tie of The Sia,es and accusiom them
to look 10 thai source from which supply the STATE
TREASURES and derny the expenses The State Co
vernmemia. II is clear that this constituted one Of
the objects Of The creation of the Federal Governments
and pemi, lis would be reduce the States
the degraded condition Of subordinate dependencies
upon that Government, 10 destroy their separate and
independent sovereignty, and 10 make the Government
make provision for the support Of It's own Government
by the levy Of the necessary upon its own citizens,
and the adoption Of such OF policy for lis in
ternal Government nat inconsistent with the Federal
Constitution may be deemed proper and eTred,o"'
"Ipmans To it's Domestic and unalen
a,eJ powers ciseable within itself and by it's domes