The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-01-04

sress An unlimited power; would render nu.
ystory the enus,eration of particular powers
would superce,ls all tho powers reserved to tho
state governments. These terms are sopied
from the articles OF confederation had it ever
been pretended, that they were to be understood
otherwise than here explained
II had been said that "gcnerai welfare" meant
cases IN which general power might be exercis
ed by Congress, without interfering witt the pow
ers of the States and that the establishment OIL
! a National Bank WAS of this sort. There were
! ne SAID, several answers to this novel doctrine
1. The proposed Bank would interfere so as
indirectly to defeat state bank at the same place
II would directly Interfere with the rights of
the states, to prohibit well to establish banks
and the circulation of bank notes. lie mentioned
a law of Virginia, actually prohibiting The crcu-
lation of notes payable to bearer. g. Iaterier-
ence with the powerof the states was no cohsti-
tutional criterion of the power of Congress. II
the power was not given, Congress could not ex-
ercise 1t il given, they light exercise it, al
though it should interfere with The laws or even
the constitution OF the states. 4. If Congress
could incorporate bank, merely because the act
would leave the states free To establish banks
also any other interpretations might be made by
Congress. They oosid incorporate companies OF
manufacturers, OF companies for cutting canals,
or even religious societies, leaving similar incor
porationS by the states, like state banks to- them
selves Congress might even establish religious
teachers in every parish. and pay them out of the
Treasury of the United States, leaving other
teachers unmolesied in their functons.--Thcse
inadm ssible consequences condemned the COLI
troverIed principle
The case of the bank established by the former
Congress, had been cited As a precedent. This
was known, he said, to have been the child OF ne
cessity. ltnever could be JUS fled by the regu-
lar powers of the articles of confederation Con
gress betrayed consciousness of this in recon.
mendns to ths states TO incorporate the bank al
SO. They did not attempt 10 protec. the bauk
notes by penalties ag tinst cou9terciters. These
were reserved wholly TO the authority of The
states.
The second clause to be examined is, that
which empowers Congress to borrow money
Is THIS bill to borrow money! Il does not
borrow shilling. Is there any fair construction
by which the bill can be deemed an exercise OF
the power to borrow money The obvious Iuean-
ing of the power 60 borrow money, is that OF ac-
cePting it from, and STIMULATING payment to those
who are able and spiling to lend.
To say that the power to borrow involves Il
power of creating The ability, where there NAV
be the will TO lend, is not only establishing dan
gerous principle, will he immediately shewr,
but Is Is forced u construction, TO say that It
involves the power of compelling The Will, where
there may he the ability to lend.
The third clause is that which gives the power
to pass ali laws necessary and proper TO execute
the speciisd powers.
Whatever sleaning this clause may have, none
can be admitted, THAT would give unlimited dis
erection to Congress.
Ats meaning must, according to the natural and
obvious force ct the terms and the context, BE
limited to means necessary to the end, and iRciaeai
to the nature OF tue specified powers.
| The clause is in iasi merely declaratory of what
would have resulted by unavoidable implication,
as the appropriste, and it were, technica al
ineanS OF executing T. ose powers. In this sense
II had been explained by the friends of the con.
stituton, and ratified by the state conventions.
The essential characteristic ot the government
| as composed ri limited and enumerated powers
would be destroyed If instead of direct and in
cidsnt2i means, any means could be used, which
IN the language of the preamble to the bill
might be conceived 10 be conducive to the sIc.
eessiul conducting of the finances might be
eonceiSss to tend to give facility to the obtaining
| OF loans He urged an attention to the ditiuse
| and ductile terms which had been found requisite
to cover the stretch of power contained in the
bill. He compared them with the terms gecessa.
~ and breper used in the Constitution, and ask ed
whether 1t was possible TO vic W the two descrip.
tons as syRsnimous, or the one as fair and safe
commentary on the other.
! If, proceeded he, Congress, by virtue of the
power to borrow, can create the means sf lend
ing, and in pursuance of these means, can moor.
porate bank, they may do any thing whatever
creative of like means.
The East lRdia company has been a lender to
tue BRITISH government, as well as the baak, and
the South Sea company IS greater creditor than
either. Congress then may incorporate similar
companies in the United States, and that too not
under the IDEA efregulatins trade, hut under that
| OF narrowing money.
Private capitals are the chief resources for loans
to the Brtish government. Whatever then may
Be conceived TO favor tic accumulation of capital.
may &c done by Congress. They may incorpo-
rate manufacturers. They may give monopoliss
IN every branch Of domestic industry
Ii, again, Congress, by virtue of the power to
borrow money, can create the ability to lend
they may ky virtue OF the power TO levy money
crease the ability 20 pay it. The ability to pay
| taxes depends on the general wealth of the soci.
ety, and this, on the general prosperity of agri.
| culture, manufactures and commerce. Congress
! then may give bOunties and make regulations ON
all OF these objects.
| The states have, it is allowed on all hands. q
concurrent right to lay and collect taxes This
power rs secured to them not by It's being express
Iy reserved, but by its not being cedcd by III.
constitution. The reasons for the bill cannot be
| admitted, because they would invaidate that
| right why may it not be concei.ea by CONGRESS
that an uniform and exclusive imposition Of tax
| es, would notices. than the proposed banks sbe
condncjve to the successful CONDUCTING of The ne.
tohai finances, and tendt give faslity to the OBJ
! tanning Oh revenue, for the use of the govern
meni :!
+ The doctrine OF implication is always tende,
o"e. The danger OF 1T has been felt ia other 90
yernments. The dCiicacy was felt in the adop
! ZION OF our own the danger may also be felt, i
we 10 not keep close 10 our chartered authorities
Mark tie reasoning on which the validity O.
the oil depends To borrow money is made ;he