Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1841-09-02
political ascendancy!

ing TO the CLOCK OF the House Of Representative
not to dwell upon these statistics, and will di
miss this branch of the subject with one or tw
practical remarks. The first is, that whenev'
we have had no Bank of.the United States o,
monetary affairs have been in confusion; "
have had extravaganza issues of paper money, ger
eral suspensions Ofspecie payments, and prodigs
emissions of Treasury notes, whilst during tn
forty years we had Bank of the United State
we had sound currency, no general suspension
ofspecie payments, uniform system OF exchan
ges, and well regulated and substantial syston
Ofcrcdit.
The second is, that during the forty years thai
| Bank Of the United States was employed as the
! fiscal agent ofthe Government the country neve,
lost dollar by it, while, on the other hand, du-
ring the twelve years that the Government has US
ed other agencies in collecting, keeping and dis
bursting the public moneys, millions have been
lost! 49,,
shall no, pretend, Mr.. Chairman, to 90 into
an examination Of the constitutional power to es-
taolish bank as an original proposition. have
neither the time the inclination to do so.--
The arguments are familiar to the House and the
country. Iregard that question as settled by the
Judgment and acquiescence of both the great poir
tlcai parties OF this country, in both Houses of
congress, under circumstances OF the most solemn
and imposing character; by the unanimous judg-
ment OF the Supreme Court of the United States,
with John Marshall att head and by the sane
ton either directly indirectly, Of cser, Presi-
dent and of every Secretary of the Treasury from
the foundation of the Government to the present
day. .~ L..
But there is view of the subject which, as
have not seen 1t adverted to elsewhere, i will
submit for the consideration of the House. The
gentleman from North Carolina (Mr. SAUNDERS
tells us that this is Government of enumerated
powers. grant it. But the Constitu tion con-
tains this among the other enumerated powers
"Congress shall have power to make all laws
(which shall be necessary and proper for carrying
m lfppt Tho for oil har
powers vested by this Constitution in the Gov
'ernment of the United States, or i'm any depart
'ment or Office thereof" Is this provision mere
dead letter, was it intended to have an efficient
practical operation in comforting on Congress
power to discriminate in regard 10 the means sine
cessary and proper to carry into effect the pow
ers specifically enumerated presume the lat
ter proposition will not be cohtroverted by any
one; and the only difficulty arises in regard to
the extent of this power. Gentlemen tell us that
measures, to come within the influence of this
provision, must not only be ''necessary,' but in
dispensaby necessary-the necessity must be o.
verruIng and absolute-the measure proposed
must have such an intimate and ineeparable rela-
ton to the specified power that it cannot be carrie
ed into effect in any other manner If any other
means can be found to give effect to the power,
then all other measures, though they may be
more convenient, cease to be jndispensably ne
cessary, and are therefore unconstitutional. Up
on this view of the subject gentlemen argue that,
tons without the aid of a national bank, though
such an institution may be highly beneficial and
convenient to the People and the Government, it
is not constitutional, because it is not indispensa-
bly, necessary! Now, sir, have several obiec-
,ions TO this train of reasoning In the first place
1t is in direct opposition to my principles of strict
and literal construction, applicable to the
Constitution OF the United States.
III assumes that you are not to take the Const-
tuition as it stands, but that you shall be at ber
ty to interpolate the word "indipensab!y" before
the words necessary and proper" so as to quail
fy and restrict the meaning of those terms. Tn
the next place, 1t gives to the word 'necessary"a
meaning entirely different from its common ac-
ceptaiIon. And, finally, it gives to it sense
different from that in which it is used in other
paris OF the Constitution. 1t is one of the cardi-
nal rules of construction that every instrument is
It's own best exposition, and hence, in underwriting
to ascertain the meaning Of any particular provi-
sion, you must look to the conteXt--yon must take
the whole instrument together, and where the
same phrases occur in different parts of it, YOU
may infer from the use made of particular words
IN one part OF 1t, what meaning was intended to
be attached to them in another. Now, let us ap-
ply this familiar principle to the Cons ttution of
the United States, and see lift will throw no light
on the subject In the first place, by reference to
the 10Th section of article of the Constitution,
in regard to the power ofthe tates to lay duties
on imports or exports, it is limited to cases in
which it is "absofuteiy necessary' for executing
inc inspection laws. Il nus 1t VIII be seen that
when the Convention w Wished to convey a restric.
ted idea, they employed qualified and restricted
terms.
But in the Sd section of Article 3. in which
the duties of the President are prescribed, he is
required Iron time TO time to give Congress in
formation of the state of the Union, and recon-
mend to their consideration such measures as he
shall Judge necessary and eTpedienf." What is
the meaning of the words necessary and expedi-
ent In this clause of the Constitution Will
gentlemen give the same restricted Interpretation
to them here as in the section enumerating the
powers ofCohgress Will they interpolate the
word "indispensably' as an antecedent to the
words necessary and proper here also If
they follow the plain dictates Of comm on sense,
or the established rules reconstruction, they must
do so here if they do in the other case for the
trainers OF the Constitution must be presumed TO
have used the same words in the same sense in
the same instrument. But what would be the
elect of giving this narrow and unreasonable COM
structon to this clause of the Constitution? Tie
President would not be at liberty to look to the
interests, and the honor, and the happiness ofthe
country, and recommend such measures as would
promote its wealth and prosperity, but would be
limited TO such measures as were Indispensable
necessary to rational existence. lie would be,
compelled to disregard all the lights of expert =
ence, to suppress all the emotions of patriotism
which might swell in his BOSOM to reject all the
improvements which might tend TO ameierate
the social and political condition of his country,
and limit his recommendations to such measures
as We're lndIsPensably necessary TO the existence