Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-06-01

be admitted that would give an uuii'e" ~
Congress I,s meaning must, according TO Tue natural
and obvous force Of the terms, and the context, be IL
m;,ed 10 means necessary to the end, and Incident to
the nature Of the specified powers
The clause is in fact, merely declaratory of what
would have resulted by unavoidable implication as the
anurooriae and as it WERE technical means Of execut
inc those powers In this it had been explained
bv the friends of the Constitution, and ratified by the
State Conventions
The essential characteristic of the Government, as
composed of limited and enumerated powers, would be
DESTROYED if instead Of direct and incidental MEANS
any means could be used which, in the language OF
the preamble TO the Bill, "mgh be conceived to be
conducive to the essful conducting of the finances
or might be conceived tend to give facility to the
obtaining of loans lie urged an attention to the
ditfuse and ductlle terms which had been found re-
ouste to cover the stretch of power contained in the
Bill He compared theri with the terms necessary and
proper, used in the Constitution, and asked whether
it was possible TO view the two descriptions as synony
nous, or the fair and sale commentary on the
other,
If proceeded he. Congress, by virtue of the power
TO borrow can create the means Of lending, and IN
pursuance of these means, can incorporate Bank,
they may do any thing whatever, creative OF Ike
means.
The East India Company has been lender to the
British Government well as the Bank, and the South
Sea COMPANY ia greater creditor than either Congress-
then ma porate similar companies the u ST. and
that too not under the idea of regulating trade but un.
der that of borrowing money
Private the chief resources for loans to the
British Government. Whatever, then, may be conceiv-
ed to favor the accumulation of capitals, may be done
by Congress. They may incorporate manufacturers.
They may give monopoles in every branch OF dones-
tic industry.
If again. Congress, by virtue of the power to borrow
money, can create the ability to lend, they may, BY
virtue of the power to levy money, create the ability
to pay it. The ability TO pay taxes depends on tue &c.
neral wealth Of the society; and this on the general
prosperity of agriculture, manufactures, and com
merce. Congress, then, may give bounties and make
regulations on all Of these objects.
The States have it is allowed all hands, con-
current right TO lay and collect taxes This power is
secured to them not by its being expressly reserved,
but by its not being ceded by the Constitution. The
reasons for the bill cannot be admitted because they
would invalidate that right; why may it not he con-
ceir.d by Congress- that uniform and exclusive i'm
position Of taxes would not less than the proposed
banks, "be Conducive to the successful conducting of
the national finances, and tend to give facility 10 the
obtaining of revenue for the use Of the Government
The doctrine of implication is always tender one.
The danger Of it has been felt in other Governments.
The delcacy was felt in the adoption Of our own; the
danger may also be felt, if do not Keep close TO oar
chartered authorities.
Mark the reasoning on which the validity of the
Bill depends. To borrow money is made the end, and
the accumulation of capi,ns implied as the means.
The accumulation of capitals is then the end, and
Bank implied the means. The Bank is then the
end, and the charter of incorporation, monopoly,
pital punishments, &c, implied as the means.
If implications, thus remote, and thus multiplied,
can be linked together, chain may be formed that
will reach every object Of legislation, every object
within the whole compass Of political economy.
The latitude Of Interpretation required by the Bill is
condemned by the rule furnished by the Constitution
itself
Congress have power to "regulate the value of mo-
ney vet it is expressly added, not left to be implied
that counterfeiters may be punished.
They have the power "to declare war, to which ar
mics are more incident, than incorporated Banks 10
borrowing yet is expressly added the power TO raise
and support armies - and TO this again, the express
power "to make rules and regulations for the Govern
ment Of armies-A like remark is applicable TO the
powers as TO a Navy.
The regulation and calling out Of the Militia,
appurtenant 10 war, than the proposed Rank to
borrowing yet the former is not left to construction
1t is not pretended that insertion omission in
the Constitution is the effect Of systematic attention.
This is not the character Of any human work. parll.
cularly the work Of body Of men
The examples cited, with others that ght be added,
sufficiently ncucae, nevertheless, rule of nterpre-
taton very different from that which the Bill rests.
They condemn the exercise Of any power, particularly
great and important power which is not evidently
and necessarily involved in an express power.
II cannot be denied, that the power proposed to be
exercised is an important power.
As charter ofinoo,porsz The bill creates an ar
ti6c'al person previously resting in law. 1t con,
fers important civil rights ana attributes, which could
no, otherwise be claimed /, s though not precisely
similar at least 10 the naturalization of an
alien BY which certain civil characters are ac-
quired by him. Would Congress have had the power
to naturalize, if it had not been expressly gven'
In the power to make bye laws, the bill delegates n
sort of legislative power which is unquestonably an
act of high and portunt nature. He took notice of
the only restraint the byelaws, that they not
to be contrary to the law and the constitution of the
Bank and asked wha, law rns intended; if the law of
the United States, the scantness of their code would
give power b.Ofe given to a corporation, and
obnoxious TO the States whose laws would then be su
perseded not only by e laws Of Congress, but by the
| bye laws of corporal on within their jursdc-
ton If the law intended was the law Of the State,
then the States might make laws that would destroy
| an institution of the u. 5.
The Bill gives power to purchase and hold lands.
Congress themselves could not purchase lands within
State, "without the consent of lis Legislature How
could they delegate power to others, which they did
not possess themselves 1t takes from successors
who have equal rights with ourselves and with the aid
of experience will be capable of deciding on the
subject, an opportunity of exercising that right for
immederate term.
1t takes from constituents the opportunity of de-
liberatng the untred measure, although their hands
are also to be tied by il for the same term.
| IT involves monopoly, which affects the equal
rights of every citizen
1t leads to penal regulation, perhaps capital pu.
nshments, one Of the most solemn acts of sovereign
authority.
From this view of the power of Incorporation exer-
cised in the Bill, it could be deemed accessory
subatern power to be deduced by implication,
means of executing another power it was in its nature,
distinct and independent and substantive preroga-
tive, which not being enumerated in the Constitution,
could never have been meant to be included in it,;
and not being included, could be rgh,fully ex.
| ercised.
He here adverted to distinction which, he said, had
not been sufficiently kept in view, between power
necessary and proper for the government of the Union,
and power necessary and proper for executing the
enumerated powers In the latter case the powers in
cluded in each Of the enumerated powers, were not
expressed but to be drawn from the of EACH
In the former the powers composing the Government
were expressly enumerated. This constituted the pecu
liar nature of the Government. No power, therefore,
not enumerated, could be inferred from the general ma
ture Of Government. Had the power Of making trea.
ties for example, been omitted, however necessary il
might have been, the defect could only have been la.
mented, or supplied by an amendment of the Const.
ton.