The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-12-12
Mr.. NIcpoLsoN's RESOLUTION.

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both these aids might be combined.
MIR. NICHoLSoN's RESOLUTION.
The Charter OF the Bank of the w. S. will
expire IN the wear 18l1-Congrcss, there
tore, during their present session, will have
to decide on its extension or its crit.
Mr.. Nicholson. of New York. has ALREADY
orened the Campaign by bold and dar.
ing resolution. The boldest friends of u
surpation could scarcely have desired Il more
ingenious plan for sweeping off the state
Sovereignties. and leading to a consolidated
form OF government.
Mr.. MS scheme is for" general national
establishment of banks throughout the U.
otates"-but the plan does not stop here
-" the freNfs arising from the same, togcth-
'er wish such surplusscs of revenue AS may
accrue, Care toy be appropriated for the
" general welfare" in the construction of
hu0hc roads and canals, and the establish
meDt OF semfnaries for education through
out the United States"
Let us say nothing OF the ddroifness Of a
scheme. which would reconcile us to the
burdens of a bank, by those beneficial insti-
tutions which its frofts would produce
Let us pass over the ridiculous buresque OF
converting the government of the u States
into grand mercantile specializing associa-
lion, which draws it's profits from Bank
otock and bank operations. Let us pass o.
Yer tnO,e ConvenienCeS which have been as
crioed to y national banking institution, rs a
great engine Of Fnanse, for receiving and
paying off the MONIES of the u. States-con.
veniences. which have been so greatly over
ated, more particularly since the institution
OF the State Banks. Let us pass over every
other consideration, in order that we may
propose one single question to MIR. Nichol-
G -Aa.vN, g,r
one ,"
It's useless to plead the conveniences and
uses OF Bank-it is dangerous to urge the
charter ot the ~ s. Bank" as an argument
Tor our acquicscepce in violation os the
Ionst'tution-it is useless to- expatiate on
she beauties and the precautions of Mr.. Gal
latin proposed notifications of the original
charier-all these arguments ought to he of
no avail. unles. there be something in the
Constitution itself tn justify the exercise Of
such a power. We stop you then, at the
threshold, sir. and we demand the passport
under which you act. Shew us that Clause
IN the Constitution, which permits YOU To
devise general establishment of Banks"
You refer US to the paragraph in Art. 1.
Sec. 8. which contains the power TO Law
and collect taxes, duties. imposes and excl
ses, to pay the debts and to provide for the
common defence and general welfare" Or
at least, from the words OF your resolution,
your argument would seem to be this: Con
gress have the power to appropriate for tnc
genera! welfare, in the construction of roads
and canals, and the establishment of schools
and AS means towards this end, thew
have therefore the power to establish a ma
tional banking system whose profits are to
be appropriated to those purposes. A more
perfect rope OF Said was never put together.
You nave mi stak The tr,,a ~. st,
clause, to which you refer. We refer Won
10 the true construction Of this clause which
is contained IN the luminous Report of Mr..
Madison to the Legislature of Virginia. res.
pecting the Alien and Sedition Laws. Con-
gress are not here authorized to provide for
the common defence and general welfare
but simpy to lay and collect taxes, &c " for
the common defence and general welfare"
HE words in the 9Th section Of the " hrti
cles OF Confederation from which this clause
seems chiefly to have been copied. are to
the same effect: All charges of war, and
all other eXpences that shall be incurred for
tho common defence and general welfare,
and allowed by the u. States, in Congress
assembled, shall be betrayed out of com.
mon Treasur &c
Inns similarity. says the Report, in the
use OF these phrases in the wogreat federal
charters. might well be considered as rem
dering their meaning less liable to be mis-
construed in the latter, (the Constitution y
because 1t VIII scarcely ne said, that in the
former (Art. of Goa } they were ever un
derstood to be eithera general grant OF pow.
er, or to authorize the requisition or appli
cation of money by the old Congress to the
common defence and general welfare, except
IN the cases Afterwards enumerated, which
explained and lii,itee their meaning.
- The true and fai con orr t,nr ,f, chi. -,
preston, both in the original and existing
federal compactS, appears to the commit.
tee too obvious to be mistakeG. In both, the
Congress is authorised to provide money
tor the common defence & general 7,cIfQre.
In both, is subjo.ned to this authority. an
enumeration OF the cases, to which their DOW.
ers shall extend. Money cannot be applied
TO the general 7ueijere, otherwise than bv
application OF it to some particular measure
conducive 10 the general welfare. Whence
yer, therefore, money has been raised by the
general authority, and is to be applied to a
particular measure, a question arises, whe
Their the particular measure be within the
enumerated authorities vested in Congress-
~ This remark is true not only Of the mea
sure To which the money is to be ahhfed,
but Of the measure by which the money is
To be raised.
The same report, p. rs, gives us the fol.
lowing test, by which the conStitutionaLifv
OF ANY particular measure is TO be fixed:
- Whenever question arises. concerning
the constitutionality of particular power,
the hrst question is, whether the powsr be
e.CEreSSed IN the Constitution. If IL be the