Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-10-14
TIT IT Is"iH'''''
POLITICAL DIALoGUEs-INo. 81
VII = y
jEj0 rpi D,mofrGi.

Pol-l H. y L. l'Ih I.CpO W.
Wig nnd Democrat.
Hiig-You believe then that lie arrellalion
OF "Whics" Shy no means applicable 10 our
party since he very import OF he word, you say,
is inconsistent and iireconcilable with Ike poiti-
cal principles d vooaied by Us.
Dm-Cerminly
Ha;e-Bui ii can demonstrate The measures
Of our parry 10 lie constitutional, you certainty
, viii admit the name which We have assumed is
no. inappropriate
Dm.-MoH undoubtedly. Ilycu demonstrate
ne m to be within the pale Of The Constitution
viii cand;Aly acknowledge have done you and
,our party gross injustice in charging sou with
being Fcicralisis.
Uhje-Lu rs, then. with our minds unbiased
II parry prejudices and uninfaned b Fictitious
amnesty, coolIy ard deliberately discuss The
cons,u,icnaii.y OF a National Banh-and, il you
lie n. deaf 10 The voice Of reason, think can
entirely remove al ycur constitutional scruple5
in regard 10 Thai measure.
Dem.- Very we!l--proceej with your argn-
ncnl; but be on your guard al The same tine,
less you show Inc coven-focl.
JY77r-The fist Bank was INCORPORATED in
1871 by The old Continental Congress, acting IN
Ter The Articles OF Confederation. il is well
known, that The powers OF Congress were then
much 'ess, much niurc limited, lh;n They are IN
der cur mesen, Constitution. II, then, tie old
Continental Congress had The authority 10 esia.
blish National fsnk, will Won c.Dy that or
pTssen, Governments is co,nrclcn, 70 90 tie
sane. acknowledged rs il is by all 10 be ve>led
with powers much more numerous and eXirnsive}
Uen-Thai is iailaciuns reasoning You
know hst under the Articles Of Confederation,
Congress could exercise no power that was not
expressly granted. Now the power "a esta hl>h a
| National Bank was not thus granted. Il nee
II conciusyelY follows, tia. Congress in inoot-
| pnlalng tic Pa: K Of North neiica tran>crrG,
rs powers Your reasoning then, amounts 10
his The al, Continental Congress lad no poker
10 charter kank, bn; the present GovernmcH, Of
The United States is vested With more extensive
Jowcl.; therefore, il can incorporate Bank !!
| However such logic may operate with Wigs i
can have no effect on plain. unsorhistlcafcd De
| mocralic minis. Come, give us another demon
| stralinn.'
| Wdic.-Ahhou.h me power 10 incorporate d
i Bank is not found among tie powers cnumcia ie
! in the Constitution. get there is CLAUSE, in
Il
else Of incidental OF implied powers; ter il is OK
pressly provided, that Congress shall have power
10 make all laws whch snail he necessary AMI
proper for carrying into execution" The granted
powers. Now, Congress is .esled with HE great
powers Of laying and collecting taxes, of borro W
Ing Innne", al regulating commerce. &c II
then Bank be considered Incidental 10 any Of
ihese enumerated powers, cannot one be coEstiiu-
uonaliy incorporated II Bank be Ieediul 10
carry on the fiscal operations Of The Government
will you deny the authority Of Congress 10 have
one chartefcd1
Dem Just what I expected You have
shown the eleven foot Your argImeh, smacks
strongly Of Federalism. IL is Me Interpretation
o these very words, necessary and proper"
that has always distinguished Republicans from
FeteraisiS Stfict ConstTucioni,;s from I.a,i,u-
dinarians. Do you consider he word, "nccessa-
rs and proper as cnla!2ing or restricting the
powc sof Congress
Veg i believe ihcy have neither The ellrc,
oil cnlarglns or restricting The granted powers
but that they are simply dcclaraiorv, that they
were merely inserted ia The Constitution Ia re-
move al! DOUBTS &c 10 The authority II Congress
10 exercise implied powers. They certainly do
not enlarge The powers Of Congress, because
even if they were stricken cut, Congress would
still have the I'2h. 10 employ all means required
10 carry mo execution he granted powers Nor
are they restrictive, for, il they were, they
would nci be found in the section comforting
powers on Congress, but in The restrictions on
those powers.
Dem.-Your view Of The phrase in question is
certainly an ingenious one but think entirely
erroneous. That The clause is restrictive in lis
character that it narrows The discretion OF Con-
gross 10 the siiictest limit compatible with The c1-
ercise OF each specified power, is evident from
The proceedings OF The Convention in relation TO it,
In "a proposed draf(o OF Federal Government"
submitted on The ooh OF May 10 the Convention,
By MIR. Charles Pinckney, the clause, as ii stands
at the end OF the enumerated powers, reads thus:
"And 10 make all laws for carrying The foregoing
powers INTO execution The committee OF de-
tail 10 whom The draft was referred on reporting
! "a draft OF a Federal Constitution" amended the
clause as follows: "And 10 make all laws which
shall be necessary and proper for carrying into
execution the foregoing powers" &c. Now, it is
evident, that The original proposition was rs un-
qualified and general as il could possibly be- II
conferred on Congress The widest discretion in
the exercise OF subsidiary powers. But in The
| amended clause, The words necessary and pro-
per" restricted he enlarged sense OF the phrase,
and naIrows the discretion Of Congress as 10 lis
selection OF It's means in exercising The specified
| powers. According 10 your construction Of the
| clause, Congress can employ any means that
may be considered H. nccdfnl rrfsisits, or simply
cunvenien, 10 the exercise OF an enumerated pow
er; whereas, according TO the true interpretation
the means must mol only BIZ H. needfnl, &C. but
both necessary and proper for carry INTO execu-
ton The principal power. Now, If yon can de-
| monsirs,e a Bank 10 be necessary and proper"
In this strict and limi'ed sense, for carrying into
execution any particular enumerated power, l
will acknowledge its cons,itutcnalty.
Wig mist acknowledge that the history Of
the pro, ceilings OF The Convention in relation 10
the clause does not favor my construction Of i'll
II does appear, thai the trainers OF The Con>li,u-
tion intended that the words necessary and pro-
per- should restrict the discretion OF Congress 10
The exercise only Of those subsidiary powers,
which are clearly and indi<pulaby incidental 10
! others expressly granted and necessary 10 their
| execution. But admitting all this 10 be SO, there
is another argument in relation 10 National
Bank, which seems 10 me 10 be conclusive Of It's
consl!tu,ional,y Il is Ibis: The Bank Of 1871
was incorporated only Two years alter The Con-
sIlulion was formed, and was made 10 great
1 extent by the very men who framed The Cons,ilu-
| ton.
| D.m Tbo, Ia IN sycn -, III u-IlI Re fonn5