The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-11-20

The government of the United States, eman.tnp
as il does inmcdiately from the people, viii never
be treated by them with d iiidence, suspicion and
| instruct
human labor. and Of al property, has its laws
unded on the opinions Of mankind in general, &
IS the cfure not WITHIN tue resch uf any nunici.
pal regulation, nor under the guidance OF any SIM
81 nation OF the earth The paper medium is
Sung from n national bank, indirectly carries
with II the piigited faith of the governnent, and
obtains credit above what it should have the
mere representative ofreal value-It consequent.
iy IS hshle 10 most of tie evils, and subject to
the depreciation, incident to mere paper money.
Excessive credit has hitherto proved the tomb
OF public credit in all nations ii advances from
dollar 10 hundred. from buudred to thou
sands, irom thousands to millions, and finally to
the Junc,ure in which thu whole de,usion vanish
es IN the expansion of its own magnitude" Self
interest wall prompt the bank 10 extend its issues
of paper: the government pressed by its pecess-
Ities, or tempted by the prospect of power, will
he urged TO sanction tie procedure ; the bank
VIII agpn ovcr-issue the government will again
extend its shield, and SO on without end This
is not mere theory, 1t may be found as a portion
OF the dc'uaf political history of other nations
And when this assembly behods one of the most
polished nations of Europe at this moment strug-
Cling, and apparently struggling in VAN, to extr-
care herseHtrom the f,ulest corruption, and most
by this system If paper cyedit, in the short peri
cd of little more tlsn halt century, 1t turns to.
wards the national councils ofour common coun.
try, and awaits their final decision upon this sli
important subject, with the most anxious solici-
tude.
When this assembly views this subject in ano-
Their aspect, aud looks into the constitution in
search Vt tie article or section by which Con.
gress IS 4bled to incorporate mon,ed institute
ons, I" create monopolies, establish bodies po-
htic, and confer upon them great and exclusive
powers and fianchizes. its apprehens,ons, excited
by The inlpolcy of such institutions, are not un
mingled with a considerable degree of indigna.
ton at the boldness of the proposal TO erect a
national bank. The government of the United
States is peculiar IN its structure, and Eniited in
ITS powers The constitution, which called il in
to existence, is not general grant, out ofwhich
Particular powers are eXceptedit is a grant of
particular powers only, leaving the general mass
in other hands,
Thus it was interpreted and understood by its
best friends at the time of its adoption & iest
other and improper constructions should be given
Ia 1t, the tenth article OF the amendments, which
was finally adopted soon after the passage of the
act incorporating the bank OF the United States,
explicitly declares that g the powers not deiega
ted TO the United States, by the constitution, nor
prohibited by Ito the states, ,eservcd To the
States respectively, or to the people, Review
ing the constitution with eye TO the principle
OF this amendment, it is vain we search for the
power to incorporate bank The only clauses
under which such power can be pretended, are
either, Ist e. The power TO lay and collect tax
es, to pay debts, ami provide for the common de.
fence and general welfare"
1t will not be ailedged that the first part of this
clause has any r itton 10 the subject of The lsst
may be said, that by general Ereldre is me ant
cases. in which general power might be exerci-
sed by congress, without interfering with the
powers of the states and that the establishment
of a national bank was OF this sort" In answer
10 th,s it appears to this assembly manifest that
tn proposed bank would interfere so as directly
TO ELECT state bank at the same place ; that 1t
would directly interfere with the rights of the
states to prohibit well to establish banks &
the circulation of bank notes that Interference
With the power OF the states, rs no constitutional
criterion of the power OF Congress 1.-THE pow
Was not given, congress could not exercise 1T ;
fgiven, they might eXerc.sc It, although 1t should
interfere with Inc Jaw ), even ;iiSs
of the states that # congress could incorporate
bank, merely because the act would leave the
states free TO establish banks also, any other in
corporation might be made by congress they
might even establish religions teachers an every
pa,ish, and pay them out Of the treasury ut the
Uuited StateS leaving other teachers unmoested
in their functions And 1t must be fresh in the
recollection OF the Senators and representatives
of this state in Congress, how loudly and dis
tnctly, on n late occasion, the people of Mary
snd expressed tIcir Indignation at an attempt 10
encourage religious establishments their feel
ings upon this subject yet alive, and this as.
sembly is convinced that nothing would do gres-
Ter violence 20 their sentiments and opinions, IN IN
any act which should indirectly invest congress
with q power TO erect or promote such establish
mcnts.
The second clause is, that which empowers
congress to borrow money The obvious mean
ing OF the power to borrow money, is that of &C
ceptlng il from, and STIMULATING payment to- those
who able and wiling to lend. To say that the
power TO borrow involves power of creating the
ability, where there m y be the yH To lend, is as
forced construction, to say That it invols es
the power Of compiling the will, where there
may be the nbihty to lead
The third clause is, that which gives the pow
er 10 pass all laws necessary and proper TO exc
cute the specified powers" Whatever meaning
this clause may have, none be admitted tia
would give an unlimited discretion to congress
Its meaning must, according to the natural and
Obvious force ofthe terms, and the context, be Ii
mned 60 means necessary to The end, and incident
10 the nature o} The specifeG Powers The clause
is IN f,ct, merely deci4ratOry OF what would hav,
resulted by unavoidable implication, as the ap.
propriate, and as it were echnical, means of ex.
ecuting these powers" Let lis pursue this i'm
Piled power little further, and shall Gle s w
perceive ITS uns0uudness and absurdity " To
borrow money IS made the emil, and the accumu.
stion of capitals ian5ticl as tie means The &C.
cum lation of capitals IS then the end and bank
implied as the means The bank is then tie end
a charter of incorporation, monopoly, capit al
puhshnents, &c implied as the means If i'm
plcatOns fhus remote. and thus multiplied, can
be linked together, chain may be formed that