The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-06-25

S6NfTE OF THE o. STATES.
UNITED STATES BANK,
SPEECH OF. MR.. BPEN7.
! < coNriNUEp.) s.
1t is said, that the corporation, which Il
u PROPOSED tn .t-charter, Independent of the
iacihty IT affords to government in the coll
lection OF The revenue, has also particular
advantages given 10 it; that il is mohopo.
iy--and what right, it is asked has Con.
'gress to grant monopoly! will ask, in
return, when an officer Is appointed to col
ieot the customs, has he not salary and
emoiuments! Is NOT every Office IN law
called franchise or particular privilege .
II the officer who has the emoluments
privileges or franchises, (call them what
you will. receives these in consideration
tor his services, have you not the power to
hold odr inducements TO associated bodies of
men to form an Institution from which the
public may derive benefit, not with a view
exclusively. to their MONOPOLY and benefit,
out on account of the advantages to be de-
rived from it by the public If it is urged
that instead Of this Incorporated company,
you might appoint officers in the different
ports OF the states in which the greatest
duties are collected. and issue notes, or bills
OF credit which are made current, without
creating bank authorised to make dis
counts admit we might but il we believe
lt not SO convenient and; safe way of col
iecting our revenue. as through the agency of
bank, We have a right to associate men
In banking company for this purpose, and
give them particular privileges. upon the
sane principles that we give privileges or
franchises to every officer we appoint and
although we thus confer id both instances
pr,vlleges,it is done for the public Good.
because the object to be effected can be &C.
Comphshed oy no other means sc effectually.
II you want an association of msn in par.
ticuiar manner to make them subservient
TO some political use, you have authority to
give to those .iassociating men, whatever
privilege may be sufficient to induce them
to associate for this purpose. You do not
give them this privilege for their own indi.
viouai advantage, but as the lure, the bonus
ff association. by which association the pub
no OBJECT Is effected. would ask whether
congress could not tomorrow pass law
aotnorising the President to open negocI.
ation with nope & Go. saying, we have full
confidence in you, and yos shall b. tbe n.
States bankerss This may be said "a he
a monopoly but if Congress were conyinc-
ed that this was the safest means of collect.
ing the revenue, ask, where is the clause
oil the constitution which, IN substance or
words, prohibits Congress from adopting
such measure: If there be no clause to
prohibit this, there is no prohibition tothe
passage of law for Incorporating individu-
ais In an association from which the great.
est possible facility in the collection Of the
revenue Is EXPECTED. Ina word, sir, it ap-
pears to me. that the only rule in an in
stance of this lind, is 20 take care that the
means used hare necessary reference TO
inc object ftte power. When legislating
On the enumerated powers of Congress, the
only limitation , an enquiry whether the
means we are about TO use necessarily re-
iate TO the calculation of the objectin view.
OF instance, should consider it violation
OF the constitution, if Congress, under the
power TO maxi rules for the government
- the land and raval forces" should pass a
law regulating military .testamentary devi-l
ses because the incident is too rem ote. il
Is too great sketch of power, the consti
nationality or untonstitutionainy being re
gulatedby the relation of the means to the
OBJECT to Dc effecled. If this reasoning be
JUST tnen, this question is not soluble by
the mere determination of the question,
~nether or not this is the best system by
winch, our revenue can be collected we
must, 70 ensure ITS rejection ON cons tuition.
al grounds, prove that the power of estab
"shing bank is SO remote from the object
OF collecting the revenue, as to have no
conneStion with it. Admit that a better
system OF collecting the revenue can be de-
vised, than by the establishment of a bank !,
It does pot follow that the bank is unconsti.
tutionai, The only question is. whether it
Is so remote, as that by no satisfactory pro
cess OF reasoning you can prove its analo.
gy to the collection of the revenue. If il be
shown that better system could be adopt.
ed, it only proves that this is inexpediet,t
not that it is unconstitutional: And, sir.it
has been matter of astonishment to me.
that notwithstanding it was so universally
believed, some time since, that the agency
OF tue oank was excessively conducive to
the prompt and regular collection of the re-
venue, 1t IS now discovered that its agency
is unnecessary. The gentlemen who are
now OF this opinion, thought otherwise for
merly, and the Secretary of the Treasury.
who is best enabled to decide the question.
IS OF different opinion from them.
In answer, to those, sir, who say that state
banks afford the facility necessary to the
collection of the revenue, / would ask, is the
gener.l government to be dependant on the
state banks for the collection of the reye.
nue. Or do gentlemen believe they would
be as secure and responsible as the bank o,
the United Statesl AS to the remark. tba,
IN those states where there are no banks
the revenue is collected with as much IA
cility as where there are banks, I w ould reply
that where there a IN haoLa ,h..o;o