Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-08-06
THE BANK-TNo. W.
TIE TERMS-"NECEsSAR AND PROPER"
TO TIE EDITOR or TIE RICHMOND ENQUIRER.


Sir. | hardly know of any terms in our language oil
more simplicity than those of "neccssary and proper
or whose meaning was better settled IN the public
mind by immemoria usage. Since, however, they
were introduced into the Constitution oil the u States,
they have been the piyots upon which almost every
questionable power brought before Congress has been
made TO turn. propose TO make one effort here TO
bring them back to their original simplicity, and TO
maintain that the Convention cannot fairly be charged
with having used them in sense IN which they were
not understood before.
These words contained in the clause which closes
the Sth section of the lst Article Of the Constitution OF
the U. S., and which section prcIesSedy confines IL
self toa specific enumeration OF the powers OF Congress
That enumeration is contained in sixteen clauses
Then comes the 9Th clause, which says, "And to
make all laos which shall he necessary and proper for
earning into execution the foregoing poners, and nit
other po,cers rested by this Constitution in the Govern
ment Of the United States in any department or OIL
Ger thereof
If this clause were not contained in the Constltu-
tion it would have been quite az "necessary and pro-
per-" and quite as constitutional 40, to make all iG,os
to give effect the enumerated it is now
but in that case, would any have pretended that
the implied power 10 make such llS would have au-
thorised the making of other iaa7 carry into effect
other po,cers not enumeratedn tn Constitution? This,
one would suppose, could scarce plc maintained BY
any one and vet 1t is maintaned IN csct and e.
pressed hmation defining rhat 'a'es, aud what laws
0ny Congress shall pass, Is interpreted by adroit ana
could have been exercised had the Constitution been
silent,
We;-when Congress makes The "in,cS.' under
this 18th clause, what are Sich "dms to "Carry INTO
execution" Is it the l7;h ciaust ITSELF Is it meant,
that iGcS to be made 10 carry into execution the
very iu,cs which are so nade while they, in all their
provisions, carry their execution along with them? /
know that such question carries absurdty upon its
face but do know that 1T any more absurd than 10
maintain that the Eth clause contains 1chin Itself &C.
rjy Io,rs int N
cept aacs TO be made by virtue Of that very 18th clause
and either construction would involve the Convention
in peonasc absurdtes too gross and g'arng to be I'M
puted to IT, What then to be carried into ezecutioa
Why, the clause tells US czPfciiy. II does not speak
of the powers contained in hat clause. No, no; it
says the "roREGoISc Po,eers What are they
Why, the powers FOREGOING, and which are HH enn-
nerated in the is preceding clauses. But then the
clause speaks of ''aH othsr porrrS. What are they:
Assuredly call other powers 10 be found in other
parts of the Constitution eree those in The en- sec-
phrase Of foregoing popu But this is no, all The
foregoing powers are de- bcd as "yEsrED, &C.
How 'vssT,D But in way by BENZ az. rh ,an.o
equally requires, that "a THE other powers must be
"resfed" also, (not implied-not left to krenee) to
authorize Congress to pass any idacs III re to them
In other words, powers not enameraftd he Consti-
tuition, not VESTED, and powers IEsTED
not THERE. And what would seem 10 p Ic this con-
struction If the 9Th sec,ion past doubtss, that
of the 6 clauses speak Of making laos sDLof grant
ing poperS; while tine other hand, the 18th clause
does not speak of granting po'cers, but OF nkay lars
The construction too it seems to me, will derive
vast accession of strength from reference to the
Journals of the Convention Let us turn our eyes
thitherward momen and look in upon their proceed
ings. Col. Hamilton has the floor and is presenting
has plan of National Government. In brief,
pungen, sentence thercof he besows on Congress the
powers he wishes it TO possess, lie constituted "Le
gialature Of the u. States, POWER rAss ALL
LAWS WHATSOEVER, subject to the negative hereafter
mentioned" The negative he speaks of was to be
ercsed by Governor, elected "To SERVE DrRISG
g*mAvioR."- Vide the Madison Papers, vol. II,
p. 800 And, before the adjournment Of the Conven-
ton, he submitted paper TO Mr.. Madison, embracing
the provisions which he wished the Constitution should
have contained. We find in it this clause, cart Z,
sec. l. The LEGISLATURES OF THE UNITED STATES
SHALL HAVE POWER FAss ALL LAWS WHICH THEY
SHALL JUDGE NECESSARY THE COMMON DEFENCE
AND GENERAL WELFARE OF THE UNIoN."-Tlb., vol III,
Appen 1xiv.] This is identical with the power claimed
and possessed by the British Parliament though il is
there couched in the brefer phrase, "PARLIAMEXT Is
omNIroTEST!"
This plan, however, obtained countenance in the
Convention, and it promptly rejected-Mough
Col Hamilton, erer after, IN constituting the ConStitu-
tim, seemed to regard as hnriag been adapted Fit
had been adopted of course Congress would have pos
sessed the power 10 make all iaps Judged necessary
But by rejecting it, il surely cannot be questioned bnt
that Congress is restrained from passing am iau chow
ever necessary may cerscse be) unless it be ncees.
Sary to carry into execution of the eRunsrad
po"ers. The Convention was authorized, and the Con.
venton judged and decided that the enumerated
were plenary and adequate to pay tn debts and pro-
ride for the common defence and general ,ceifare'
forbear TO enter further into this topic now, or TO
repeat the many cogent arguments of others, in sup
port of my views. | should have deemed j, "ne-
cessary" to have said even this much but for its close
affinity with much which have farther to cav leave
it with the remark, that if am right in what have
advanced upon it, the duties of Congress, under the
Constitution in oil cases, would be at once simple ex.
plicit, and imperative. When measure was present
ed to it, its first duty would be to ascertain not whe
Their be necessary and proper, but whether there is
a power granted TO Congress to make it ia,o, and
thea whether it would be erpedient to do so and it
being deemed 10th constitutional and expedien then
to frame the provisions, Unnecessary and proper, to
give effect, and carry the designated power into
cuton.
Banking Pomrs-a-ctaey neecssary9
IT has seemed to me, that the deusve errors into
which the Federal party have ever fallen, and whereby
they have been enabled to ln the alarms Of the pures
minds and involve them in all their erratic heresies,