The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-01-01

ration had it ever been pretended that
they were to be understood otherwise than
as here explained.
Ii had been said that general welfare"
meant cases i'm which general power might
be exercised by congress. without interfering
with the powers of The states; & that the es
Establishment of a National Bank was of this
sort. There were, he said, several answers
to this novel doctrine.
1 The proposed Back would interfere
so as TO indirectly to defeat st tie bank at
the same place. .. 1t would directly in
tertere with the rights Of the states 10 FRO
hi6if as well as to establish banks and he
circulation OF bank notes. He mentioned
a law OF Virginia. actually prohibiting the
circulation of notes payable to- bearer. 8.
Interference with the power of the states
was no constitutional criterion of the power
of Congress.-If the power was not gil
ven, Congress could not exercise it, if
given, they might exercise it although it
should interfere with the laws or even the
constitution of the states. a. 1t Congress
could incorporate bank. merely because
the act would leave the states free to esta
blish banks also; any other interpretations
might be made by Congress. They could in
corporate companies of manufacturers or
C mpanies for cutting canals, or even reli.
gious societies, leaving similar Incorporate
ons by the states, like state banks to them
selves. Congress might even establish re-
ligious teachers in every parish and pay
them out of the Treasury of the u Sta es.
leaving other teachers unmolested i'm their
functions. These inadnissible sonsequen
ces condemned the controverted principle.
The case of the bank established BY the
former Congress, had been cited as pre-
cedent. Thus was known, he said, To have
been the child OF necessity. II never could
be justified by the regular powers of the ar
ticies of confederation. Congress BETRAYED
consciousness of this in recommending 10
the states TO incorporate the bank ALSO
Ihey did not attempt to protect the bank
notes by penalties against cousterfeiters.-
These were reserved wholly to the authori-
ty of the states.
The second clause to be examined is.
that which empowers Congress to borrow
money.
| is this bill to borrow MONEY!! It does
not borrow shilling Is there any fair
construction by which the bill can be deem
ed an exei else IF the power TO borrow no
ney The obvious meaning of the power
to borrow money, is that of accepting it
from, and stipulating payment to those " no
are aole and svitirng to lend.
To say tha, the power to borrow involves
power OF creating he ability, where there
may be The will to lend is not onlv esta.
bllshIng dangerous principle. as will be
immediately shewn, but is as forced con
structon as TO say that il involves the
power OF compelling the will, where there
may be he ability to lend.
7 The fhird clause is that which gives the
power to pass all laws necessary and pro-
per to execute the specified powers.
Whatever meaning this clause NAV have,
none Can be admitted. that would give an
unlimited discretion to Congress-
lis me tnng must, according to the nat;.
raj and obvious force of the terms and the
Context, be limit ed to means necessary to
the end, and incident to the nature of tina
| specified powers.
The clause is in fact merely decIaratorv
of what would have resulted by unavoida.
BILE Implication, as the appropriate, & as it
were, technical means of executing those
powers In this sense it had been explain
ed ~ the friends ot the constitution, and
ratified by the state conventions.
The essential characteristic of the gov
ernment, as composed of limited and emu
merated powers, would be DESTROYED, if
instead of direct and incidental means. any
means could be used which in the language
OF the preamble to the bill, a. might be con
ceived be conducive to the successful
Conducting of the finances; or might he
concerned to tend to give facility to the OBJ
tanning of loans" He urged an attention
TO the diffuse and ductile terms which had
been found requisite to cover The stretch of
power contained in the bill He compared
them with the terms necessary and hroher,
used 10 the Constitution. and asked whether
1t was possible to view the two descriptj
ons as SYNONYMOUS, or the one as fair and
safe commentary on the other,
1t, proceeded he, Congress, by virtue of
the power TO borrow, can create the means
of lending, and in pursuance of these
means, can incorporate a bank, they may
do any Thing whatever creative of like
means.
The East India company has been lend
er TO he British government, as well as the
bank. and the South Sea Company is great.
er creditor than either. Congress then NAV
Incorporate similar companies in the u.
States and that too not under the idea of
regulating trade, bat under that of borrow
ing money.
Private capitals are the chief resources
for loans to the British government. What
ever then may be conceived to favor the
accumulation of capitals, may be done by
Congress. They may incorporate manu-
facturers. They may give monopolies in
every branch OF domestic industry.
If, again, Congress, by virtue of the
power to borrow money, can create the a
billy 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, on he general prosperity of agricul
ture, manufactures and commerce. Con-
gress then may give bOunties and make re