Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-07-30

!. s mr. in ann Department office Hcreoi Tor 'he
urpose of reconsifucng these dangerous and corrupt
! ys,ems for which they find direct warrant IN
III. Constitution; and which the people have repeat
edly rrpndiard and condemned This clause closes
r enumeration of the Legislative powers OF Congress
contained in the Sh section Of the LIST article oil Tue
Constitution; but is made 10 apply 10 every Depar
of The Government, and errry opre mtTee. inis
clause when II adopted, regarded by many DO
-npcreroga'"ry, but was asscnied To out oil a"u"u'
caution They regarded, and truly the express deie5a
ton of power carrying with II the au'h"r'y :"
make all laws ntrfssary and Propr 10 execute ''a.
pnwer: but AN did not enter into the heads oi
the authors of the Constitution, that tins simple pfov
sion at best mere surpusage, contained wilhn seI''
all the elements of pecunIary powers, and IKE Tue
wooden horse which entered the Trojan walls, con-
,,ned All those powers which they 50 seduously re-
fused TO delegate; and in which was embnsomed me
certain destruction of the whole CITADEL which they had
50 carefully and cautiously erected
The laws which 10 be- passed, IN pursuance Oh
this mower must be both necessary and proper tn
execute some one Of the expressly delegated powers
The Constitution. The words "neefssary and proper
are connected in the clause by conductive conJunc
,,on and cannot be eparaed. They must both he com
bued in any law, which is passed IN pursuance OF 'nls
authority What then does the clause mean, by such
laws rs shall be "nrcessary and proper: SIinPy 10
make such PROVISIONS without which the power songn
~ be carried out cannot be executed, and which snail
he suited the particular power intended 10 or exc
cuied II did not mean TO invest Congress win
ranye of discretion which would involve the exercise
of pnwers primary IN their character, and when mao
hrcn drsign-dy withheld II did not mean cautiously
and securely TO mee 10 Congress lis powers, md
,hen in single clause, impart all powers, whether
enumerated not; II meant no such thing; Tor, II u
did then all the fears expressed, all The caution
manifested and jealousy exhibited, III The deliberations
of the Convrntmn false and hypocrtcal, and intend
ed TO delude and deceive and ultimately enslave The
geople
4 will apply these priucipr 10 the new Bank scheme,
which, under The name Of a 'Fscal Agent IS sought
Ia b. established by act Of Congress, and test, by the
Constitution itself, how far such an agent IS ner'sSaFg
aud pr0ptr 10 the execution OF any ct the expressly
deli gated powers In dong So wish IL to be borne
IN l,nd that this Fiscal Agent has s,"ckhnlders,
capital the power u issue and circulate It's notes loan
and receive on deposue, and sue and be sued which
constitute the and power OF corporation,
and cmbodies all the principles OF Bank. w hat cx-
prrssly delegated power oil the Constitution, then Is
n such institution necessary and proper TO execute
and which is II that cannot be executed without 1t In
discussing this question, must not take INTO con-
,deaton hat would be-, what would not he, pro-
Der addition the powers of the Consttution-whai
would would not add To the convenience or econ"
my of The Government III The management OF IT'S iiSca
concerns. But "e must adhere 10 The C"nsituti"n as
1t intended by It's framers-to the ri9d
and strict Interpretation Of the words "neccssary and
! proper, hry used III the Constitution Is II
.sn,ceSsary and proper IL enable the Government u"
las and collect taxes, duties, nposs, and excuses
How and in what manner can tins necessity exist
upon which taxes, &c, shall be levied and the amount
winch shall be assessed upon each To collect taxes,
simply means 10 receive The amount paid IN according
10 the assessment suppose, then, that none, even
the greatest attudnnran, will contend that this "Flsca
Agent, this artfcat person, IS necessary and proper
I 10 the laying collecting Of taxes.
Is II .nccessary and proper 10 enable the Govern
ment uto borrow money :. suppose the idea that the
authority 10 borrow money attended by the fra
uers oi the Constitution, and that it "necessary
and proper to obtain loan Of money, Is too
absurd and too ridiculous 10 merit sarl"ns reiutaon
Upon such n principle, National Bank might be
made 'nrrrSsary mil proper 10 the execution OF every
power in the Constitution. This proposition too pre-
poserous 10 argue.
j. il necessary enable the Government to execute
the power .o money, regulate the value thereof,
and Of foreign con, and fix the standard Of weights
and measures = THIS whole clause has reference
SIMPLY cun foreign and domestic, and their value
and cannot BY the extended and liberal principles
Of construction, be interpreted involving in It's exc
cution the aid Of National Bank. None, however
shrcwd their perceptions, keen their optics, can see
in either of these clauses Of The Constitution how this
"fiScdt igcnt is 'n,ressary and proper TO Their exc
culion aud, yet, with The exception ot clause 70 pu
nrsh counertciprs of the securities and "curren
ruin Of The United States, these all the powers OF
the Con>ti uon reference either to revenue or 10
monrv. IL well rema ked by the venerable and
distinguished George Clinton, in the speech before re
frrred IL, that at cannot be doubted that Congress
may pass all necessary and proper laws Tor carrying INTO
vr.nmen,, or 10 any department or Office thereof b"
IN doing 50, tie be suited and subordinate
IN Tic end The power Ia rrcntc corporations IS not
expressly grantedit is hgh arijnte ct serrreSnfg
aHd, lis nature, not accrssorlal or derIyayc ~ I'M
p!ica;ion, but primary and indcpenden
agree with this bold and decided Rrpu hican, tina,
the power To create corporations IS one Of primary I'M
port, and "high attribute OF sovereignty, and was
not designed be fosled upon the Constitution under
Of derirafirc power. In the Convention this
power not only regarded as primary, bui dan
grrous one much that proposition TO delegate II
was promptly and by decisive majority rejected II
il had been regarded necessary to any OF the powers
expressly granted, the proposition to delegate II as
Il primorY power would no. have been made. The I'm
mcnse scope of this power, the numerous subjects
which embraced, the danger to the jurisdiction and
powers of the States and the inherent ar'stocrac ten
denotes which il contained all forbid that II should add
the already fearful and dangerous mass OF Federal
powers. The vigorous efforts now making to nterpo.
late this magazine Of power upon the Federal C"nsti-
tuition, indicates, IN character, strong ~ was the
handwriting upon the WALL the rapid progress Of con-
soldatnnism and corrup,son, and the decay Of that
spirit Of liberty winch characterized our republican IA
theirs. Our Republican people are listIrss and indii-
tren ready IL receive any yoke, however od'ous and
sever, they escape the temporary distress under
| which they unhapPy labor.
But there is another argument, winch Is IN my ninG
conclusive of the question: and that derived tram the
Constitution itself In every clanse oi the I"nsutu-
ton having reference to lis pecunary powers, 1t uses
The term maney; and IN what s'gn'hcann, AS COM,
To "co,n money!, &c, &c And IN the provision tor
furnishing conucrtr,tcrs, it provides Tor The pu-
nrshment Of the cnunt,rirl'ers If the "seeuunfs
and "current coin of the United Siaies--whIch
proves that the trainers of that instrument had no
reference 10 a Bank Bank paper as c"nstn-
irona currency. The Constitution dealt with CON-
and so far as the Government departs from thus strict
constitutional Standard Il must do so III acc"mmoda
ton The action If the States and the interests "i trade
without changing this saluary principle Of the C"ns
tuition.
But lei US press this argument little further, and
ace the rx.en, Of ground which this clause in The C"n
stitu,ion will cover, IT The Interpretation put upon ny
The advocates Of this "Fi>c"i .7gsnt be true II may
he "nrccssary and proper 10 create like agent I" pny
the Navy the Army, the salaries Of The officers OF G"
vernmeut. Ia word, il may, upon Tins principle, be
CONSTRUED he "ncrss"ry nnd prOpsr for The opera
tons Of ali ana every d. partner, Of the Government
marvel, that the trainers Of the Constitution bad
moi liz. snnnclIy 10 npar direct arprnrrlae and IN