The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-12-15
4. They will he,p disgrace upon

themselves and SURRENDER the EbrrrleS q
their country by the same act. IL VAIN vii
they sheltet themselves under the plea o
lprecedent have already -hewn how muci
~e.ght the argument deserves In val,
would they urge the exampe of some o
their own party IN passing the two Laws
supplemental To- he Bank Law--For cue,
would receive this ansNer--When the sup
pie mental Laws passed. the evil had been
done. and could not be reineded con
tract had oeen made and e1ecuted with Ger
tam individuals, and the Zach ut the nation
WAS pledged not violate, but TO pro
tex jt"d give il efficacy, unless Obtained by
! fraud. such co,tsaCls have ever been held
sacred by con,C en,ious government and
particular reasons apply 30 fheSi, which e.
vefn n, other case. Under these impressi.
ons the Laws we're passed. appeal TO the
debates OH the subject TO prove it. Not one
word was said upon the constitutional uues-
ton. No ose could have thorghi THAT, the
proper time to urge IT IL would have been
useless and highly IMPoL1rIg even In those
who were not diSp 'sed respect CON
TRACTS because the const,tut ional QuesIi
on being COMPOUNDED with legal one would
not have stood on far ground The erhedi
e7cy OF The Laws was therefore in point of
tect, and properly too alone considered. and
thcir constitnuonaity could fairiy aud
with a reasonable prospect OF success have
Dseh brough- before the house still as it
was not suggested, but passed SUB sILEN-
ITO, no conclusion but that Of negligence,
eau De drawn from il. much less a conclusi
on pregnant with such important conse =
qhcnces as the one we are combating. The
legal rule, concerning side 7vind decisions,
on point not properly before court. must
foRTIoNI apply To politics-and if no
weight Is given 10 THEM, how much is due
n he lPac M Df
very questionable propriety ! So far from
Juss'U'ng derelctiln of princip now. that
the question is again FAIRLY open, and
MUST be directly decided, ,hat 1t is mock
cry OF common sense to urge the excuse and
was ( OF time to answert. Those here.
iore who cnange their ground abandon their
PRINCIPLES, and disgrace their party, are de-.
prived OF this last miserable preteXt for their
Conduct.
In he progress of this Bank Bill, which
was, as nave said, the first test of princi
pie under the new government, Mr. Giles
ana MI. Madison par icuary distinguished
IN IN. republican phalanx, whilst the then
secretary nf the treasury Nh H. was the
AJAX eIamon OF he other On this occasion,
Mr. Madison delivered that celebrated
speech. which hrst defined eIeariy he II
"'ts OF The federal government and carried
CONVICTION To every unprejudiced mind
An eXceilsut co.npend ~ i. NAV DE found in
the seventy third number and sixth volume
~ the Enquirer, aud ought a this time %
De refiu6h8hed. In proceeding 70 give a
very concise view of the constitutional OBJ
Jec ions 20 the Bank law and Of the ccase
quences OF giving such a latitude # con
stuClion To me Constitution as its friends
contend TOR. Can do little more, than ex-
tract sone of the arguments contained 10
~; promising that there is another tlncu.
ient among the archives of the department
OF state winch 1T we mad access 10. would
shed additional Ign, IN this part of our en-
curry. mean he opiuiou OF Mr. fferson.
required Oy me pres dem on the Bank Bill
and gwen in wri ing. He conceived, aud
| no doubt proved with his usual perspcuiry
that Congress had clearly transcended their
| constitutional limits.
| 1t w IL be admitted oy all, that powers
| rot delegated to the u 5. 5y the constitu
non or prohibred by IT 20 he states are re
served to the states or 20 the people, Ia
determining therefsre tina constitutional cx
ercIse o. any power We are tn look for If
| IN the Constitution iself. Bus the power to
| incorporate oank is no 90 be found a
,nong those expressly enumerated IF it is,
let It's advocates point to the Clause. If it is
NOT, II Cannot be ves,ed in the government
| unless II is implied from those powers which
are given, and included under 5 ,me of the
general phrases of the constitution.
Inc only general clauses are
L. Congress shall have power TO Law and
collect taxes, duties, imposts and excuses,
to pay the debts and provide for the com
mon defence and general welfare of the
u 3. but all duties, imposts and excuses.
shall be uniform throughout the U. S.
10 make all laws whsh shall be ne
cesSary and hroher, for carrying into ex
ecuIlon the other powers granted.
Mr.. Madison adds third VIZ. &c the
power OF borrowing money!" which may be
dismissed without single observation.
In the tlrst OF these sections Congress are
empowered to lay taxes. &c or in other
words to raise money. The purposes, to
which the money when raised, is 10 be ap
pred are next designated -,Fhey are with
It, to pay The debts and provide for the
common defence and general welfare of the
u The Common defence and general
welfare is an end, TO be attained bv the
means expressly pointed out in this clause.
nor does IL authorize Congress to provide
inr the general welfare, otherwise than by
aging 'aXes and raising money for that pur
| pose
lhIS reasonable construction is strengt h j..
ened by several considerations
Congress would Otherwise have aImos, I'm
limited power, & the particular enumeration
OF powers IN tue constitution, be entirely un .
necessary IL the clause can be extended IN
me Incorporation OF 4 Bank because il may
De conducive o the general interests of the
w. D. and IT is susceptible of that Interpre