Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-03-16
il not the occasion 10 70 into full exposition OF all
the means Of Bank influence Fortunately, the county

is well acquaiattd VITA tnsm' 1t
The proposition 10 establish an institution VIZ
,och extensive powers oi mischief. was NJ sco''' :
made than the friends Of limited G""efn'neht 'oN
the alarm They look d III VAN III The CONSTITUTION
for an express grant at power which "on'd anth' Z.
u-and 1t fresh 10 the recollection OF hany u
the Convention had expressly reiuScu 10 co'''' ~
power of incorporation, lest II should os e&e'c'su "
create Bank-aud vet It was cia'meo us d "'ea"''
notwithstanding 1t had been expressly feios.a % q"
end 1t was Impossible that those VINO ''e"ec ''e :
deral Constitution as one OF ha"'eo sta"'s u p
and commended that should BE- stficly construct
could onper harmonise with politicians who claimed 'or
il such authority az ih;S Incy sdw II TINS lau'uue VI
construction was etmi,ed that, from the most Marin
less provisions at The Constitution, giant power
might be cnniured up, which would tear Gown ''e very
pillars of the temple Of liberty ise" Il was on 'h's
OCCASION that the parties, "h'ch hare s'nce dv'Heo
the country wer. formed and, II IS singular ccu'h'
stance not Without Us Instruction, that, al u' ia's
day after the lapse Of h7i century, lh's very qaes'
ton should hc the test of parties II IS no" TIE
measure of political opponents, and proves 'ie" W
be the lnesl descendants of IT'S original projectors
This fact will hastily IL giving, though p'e', q
rather more extended view OF It's cousiiiuuonaltty
1t not pretended, that the power to charter banh
is expressly gwen. Bot II Is claimed as necessary a"u
proper to carry into execution granted po"efs o'he
times and then another; for, ih's vagrant po"e'
as Mr. Clay, present great advocate, designated II
IN 1911, hls fixed resting place 10 Tue Sohs'uo"'
They need be discussed IN detail tor Inc SAM ai-
swer NAV be gwen 10 all. According % II wen ee''o
ished rule of construction, power claimed as mel
den,a! must not be OF the same characier,-"gusasm
pencfis OF those which enumeraed aad musl be
secondary and such II TAI: 20 presume was nisat
TO be conferred by mere Implication. But the power
charter Bpnk, IN ITS nature 10 dsunc', ihuefSH-
dent and substantive prerogave; and so lar ron being
secondary compared with other enumerated powers
il is superior to many Of them II must be proper In
limited Government like ours, characterized by
checks and balances an institution with such TX
tensve powers-wth powers capable oil disiufong
those balances and destroying those checksbe proper
as al incidental means 10 be deduced by mere inp"ca
ton3 But il must b. necessary. In most OF tht req
soning about the suft oil necessity contemplated ny ihe
Constitution there is great confusion OF ioeas IL IS
generally employed Ia show, tna Inc measure III CUES
ion is necessary far The tIoceyamset, when II u "efe
admitted 10 he so would got establish rs constitutional
v On the contrary the Constitution pre- saPpnses sc.!
and provides 10! em by authorizing aihennhe's'
[. may ha been :o IN" Gc"enaeit "at u
should passes L,usiaaaneY. us very existence may
have depended upon Il. Ii left IN The possession {"
France it msh, have led 10 dissolution of the Union
and destruction OF the Government Itself But ih's
would not make lis acquisition constitutional h"su-
that because measure is necessary i1r TIE Ho'erh
ment il is therefore CONSTITUTIONAL IS TO make the Con;
stitulion change with every change OF circumstances,
and admit that measure wh'ci' unconstitutional 10
day may become constitutional Tomorrow.
But whenever legislation Is necessary 10 give Vi'aiy
granted power, winch, withont II, would De oot
mant it IS constitutional. For instance, Congress IS
authorized to cain money 70 do this, m'nl IS ne
cessary M change of circumstances can Affect ths
necessity |. existed the day the Constitution was
adopted and il wal, eN,s, forever. Inc G"vefhne nj
may therefore establish mIn;. Titus construed,
the Constitution is stable and fixed. But adop, tht
other constructions and the Constitution Ia no longer
what it was designed to be restraint upon Congress
but its opinion OF what necessary becomes the sole
measure of its power
But said, Congress empowered to regulate the
currency, and may establish Bank as The best means
of doing it, We utterly deny that the General Co.
vernment has any other direct control over the eur
reucy than given IN the power "To coin money, re
gula.e the value thereof, and OF foreign CON. In
this instance the end inferred from speciilca''ph
of The means; and u woud he mott nnhea'c OF rue
OF construction frs; 10 n!er the end ifom grant oil
the means, and then infer o'hes means as incidental
that end. On the contrary, according 10 The rule "i
construction university recogni cIprcSsto ""''as
exciusio eS,Eaitrtus the SPECIFICATION 81 particular
means excludes the idea OF an iEieaiIon to aciude
others.
Entertaining these views, ;Treconcilahly OF
posed to the establishment OF National Bank any
similar institution institution, IN the creation OF
which involved the same constitutional questions,
and which shall possess the like means Of IN
hucnce and cont-ol. And in taking this position, we
occupy the ground upon which Virginia has stood
Under the lead of her Mad:spn she resisted the 's'
inroad Of this "Poreer OF encroachmen, IN 1871; IN
the ever memorable Report OF %, It - referred to a
proof, that sprt mad been manifested " tae tiefa
Government TO enlarge is powers by forced consuc
tons OF the constitutional charter; lol0, the
eve of the expiration 81 te charter al the did Bank oi
the L. her Legislature Instructed her Senators, III
the stron.es: and mos, decided terms oppose is
charter; in 1894, when the charter of the second Bank
was about 10 expire II again instructed her Senators 10
oppose its renewal and at the present session. when
the currency question is unsettled and Natona! Bank
is the leading OF our opponents, the Leglsa-
ture, under the control Of Democratic maj oTy, in
bag
The disastrous failure Of the late Bank Of the s;
the ruin and distress it created The frauds IN It's
nagement winch were discovcrsd and above all, the
CONVICTION, something was concealed where so much
which is foul disclosed. that the not knv"
it would 10 u.s. ought IL suJe.sede Tie nvccssity
OF argument addressed 10 an in'eihsem, peon-
against the expediency OF snch Institution Hut
opponents still defend it, an! ci.ct n t-!ieTe hlt
national charter (hy ml2ic, !; Is Prss"aadl
would have ayered tate. Ii tcue ;aI ceased 10
be q National Bank, and had become Safe lnstitu
ton Bot Il transacted lis business in The name:
1t had the same Stockholders aud under The
troll of the President and Directors We say
same Directors for, those of the Government were
practically excluded from ell pariic patton in lis
nagenent, long before It's national charter expired
That President told u.s. ha! II stood upon better Foot
ing State Bank, Than /, had beforehand the public
seemed 10 entertain the opnion for s stock sold
higher after s national charter expired. But the cen
invesg alton disc.oses that most o the deeds. winch
finally caused rs rum, done "hc ii was national
institution. How nat onai charter would have saved
II, we do not The Government directors were ma
potent in its Inanarenient-and all know the utter
ineficiency OF legislative exam nations.
The E1chsqscr Scheme.
After wha; We have slid 1t is almos, unnecessary in
us TO add, TINT decidedly opposed 10 TIL
EXCHEQUER, lately proposed by The present ADM
nis,ralion. The following is brief outline of lis pro
visions:
board is TO be created consisting of five members
namely the Secretary of the Treasury and the Trea
Tor the time being, and three commissioners; al
of whom 20 be appointed by the President and s.
nate and this Board 10 have power 'to appoint n!
such inferior officers as, the judgment ct the Board
the transaction of It's business may require the amour
of their respective compenSat'ons 10 be fixed ny IN
Board" This Board IS also to ''hsvr power Ia es:ab
lsh agencies Offices, not exceeding two N each stat
Territory" aud The Secretary OF the Treasury, OF
the recommendation of The Beard, is also 20 'appon
such officers and agents they may think cessarv
and "the Board is 10 fix he amount OF their respec:Iy
compo n ATOMS"