The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-12-15

oevcrdt otner reasons equally Substantial,
fappi' with the same force 10 this and the
mex section, and will be there noticed
2d!y. Powers are granted I" necessary and
proper to execute" other powers specified,
Nr. Madison observes, Z" whatever mean
ling .his clause may have none can be adj
m'tted which would give an unlimited dis
erection to Congress
g. rs meaning must according to the ma
,tural and obvious force of the terms and the
Context be limited to means necessary to the
end. ana INCIDENT 10 the NATURE or the
specified powers
| = In his sense it had been explained by
the friends OF the constitution, and ratified
by 30 state conventions
Nov let US enquire what power is it, given
10y NE constitu ion; 10 the execution of
which, Bank is necessary or which MAY
NOT be EXECUTED WITHOUT ONE
From the preamble oi he ac' incorpora
ting The Bank in 1871, one would Conceive.
that ITS Trainers meant 10 Contend that it's
establishment was necessary to enable them
TO regulate commerce." and TO "-bor
row moneV" They state that it " viii Intend
to- give FACILITY To the obtaining of loaus,"
and will be productive of considerable adj.
vantage TO trade"
Passing over these DUCTILE terms" az
Mr. Madison calls them, SO opposite TO
those OF necessary and proper, used in he
constitution let us simply ask. if there is
no distinction between that which MAY be
CONVENIENT, and that which is necessa
ry. a Bank may produce advantages 20
trade, and MAY TEND to give FACILITY
10 loans, and ye; Is nSceS sary to neither
Trade may be REGuLATEp, and money
borrowed without it.
but again. 10 state Mr.. Madison's ex.
Celient argument in his own Words" If
Congress by virtue of the power to borrow
money, can create the ability to lend, they
may by virtue of the power to levy money,
create the ability to pay it. The ability
TO pay taxes, depends on the general wealth
OF the society; and this OH the general pros.
perity OF agriculture, commerce and ma,
nutactures. Congress then may give boun.
ties and make regulations on all these sub
ject."
eFrom this mode of reasoning then, Con
gress will have nearly the same unlimited
powers, as the federal construction or the O.
ther Clause would give them and the par
tlcuiar enumeration of powers in the cons,i
tuition was migratory.
y her Clauses III the constitution as we'll
as is &c eral scope and spirit forbid this
consequence.
Congress can coin money and regulate it's
value. Yet, says Mr.. Madison, the punish
mem OF counterteiters was not left to be inn
fhed but expressil given II them.
lhey Can "declare war" to which ar.
MES are more Incident than Banks 10 Dor
rowing. YET the powers of raising anu sup.
porting armies II was thought necessary 10
give expressly.
ID SCI OF several other examples thar
Mr. Madison has gwen and which nigny #
necessary be extended Once more Ii will
NOT De oehieo out mat the power OF csia
bilshing any corporation, is an impo tapt
iI of ri
Corporate Bank, may be estimated by the
Ell cs which he exercise o: it, produced
III u and by The interest it is now exciting
NOV, can any orc believe that an ms,ru
ment drawn with so much circumspectior.
and enumeratng 50 mjnuteiy. powers of in
hniteiy less consequence, would have left
this great aud obvious enc to construction 2
II he can, nothing WHICH ] can add will con-
vince him, unless the very interesting facr
does, mentioned by Mr.. Madison. and with
which L shall close the constitutional view
OF this subject, viz: power to grant char.
iS's o. iNSoKroKATION, had within his re-
collection, oecn proposed in the general Con-
vention and REJEcTEp
Whatever view therefore take of the
subject which must soon come before Con
gress, am still strongly impressed with the
oPihon that you, who represent a great state.
jealous OF It's liberties, ought WITHOUT
~ wv youi senators and request
Your representatives to oppose a Bank Bill
1t You regarded pecuniary interest alone
you would do this, because your own state
establishments will be more FURNISHING.
without the competition of Federal ones -
But YOU have stronger aud nobier motives
You have now to fix he meaning to he CIV.
en- TO the Federal compact. so that hereaf
ter no din renee OF opInion as to this, can
prevail; ~ nave 10 support he ground
you took III '98 and '99 "A defence of Sfate
Rights. You have 10 aver, The CONSEQUENT
ces OF doctrlhe, which will herea ter re-
solve every question OF Federal power. into
one OF tITiedfncy, hot OFT OF right And
you have - shew o ne world mat if SONG
of the sons of Virginia have apoytatlzed
IRON her Cause she is sill we TO hcrselc
Nor must thi~ be delaved.
If the charter If the pr, emf Rank "a
renewed, OF new one g. an,ed, you cannot