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


cognizance. The aid I myself derive from
the source OF precedent to support the con
stitutionality OF this measure is solely from
the reiterated acts of different, Congresses,
and TIE appreciation of different Pre- s,dents,
and the concurrence. ,under them for the
space OF more than 20years during the pre-
Salence of different political parties An
attempt has been made by the hon. mem
Der from Tennessee and others, to invali-
da,e the accuracy of the inference drawn
from TINS principle OF presidency, by ,nsis
ting that the bank law was in the nature
OF a contract with individuals by which
private rights became vested, and there
fore the government was bound to carry it
int effect.
The gentleman from Tennessee imagines
chat during the period of the republican ad
minis;ration and jori,y in Congress,
which acted upon this bank Jaw, i, was con-
sidered in the nature of contract, and as
such, government determined 10 car, i:
into effect with good faith, aud with that
view passed the several corroborating la WIS
which have been from time % time enacted
butt 5s reasoning sir, of the gentleman
from tennessee has been so fully related
by my honorable colleague, in the very :
Bile speech he delivered on this question
SONS days past, as to obviate the necessity
OF 'urther commenting N it. i will only re-
PS"S ouS iSndIk tudt was maoc Oy my
colleague. 1t the bank law was unconstitu
tionat at first, it could not give any legal
corporate existence to any body of men to
sorm legal contract in a corporate charac-
ter which had no such existence. There
Tore there existed n legal contract; the
iaish OF government was not pledged; it was
ike contract with married woman or
an ldeot; it was ihSo facto void.
Io recapitula,e, ! derive the power TO
>rsa TO al 800 Il a.
tion came into existence from the situation
oi sccie'y, and our legal institutions at
tn time, and the difficulty, as things ex-
ASted that The revenue could be collected
win advantage in any other way than by
the agency OF a bank II this reasoning be
teeme erroneous, insist that the constitu.
tional powerof Congress to create a bank
w III the first instance doub, ful, and the
principle having been recognized and ha-
wig received every sanction the govern
ment could give, and practispd on for more
tn 20 years, is not now to be called in
question.
Admitting that on both these points my
views are erroneous; say that the estab-
hshment OF the bank al its commences ment
was improper. still If il be demonstrated
tnat the existence or Tt char ering he bank
IS indispensable. or highly expedient at
present, 10 the due exercise of enumera ed
rights OF Congress. that which was impro-
per or even perhaps Unconstitutional at
nrst, because 1t was not accessory, become s
constitutional and proper, because now ex
pedien' or essential. Congress are clothed
oy the cons tuition with variety of delega-
ted rights. Now, admitting tina, the estab
Ashment OF bank IN the first instance was
no necessary or the due exercise of the le-
Es' tive rights bestowed in any one Of these
merated powers, if our predecessors IN
sa' G, by lac creation of bank, which at
Be was an improper institution, because
not nc cessary, have placed Our fiscal CON-
C. : In such situation that it cannot be
' down without great injury to the reve-
nc, which Congress is bound to levy and
e neft, withou injuring our commences,
" thput imparing our pub ic credit, without
1essenins the public welfare, all of which
congress is bound roprovide Tor and pro
Rect; IT this can be demonstrated to be the
probable result nf pulling down the bank at
this 30 iod, i would ask whether that in
st,tut.on which was improper at first. be.
csuse not necessary, does not become pro-
Per, because almost indispensable at pre-
SEM ,
In constraing the constitution of the u. S.
when legis'atmg on the enumerated powers
OF congress, lay dowp this rule of CON
Structlon: That the only limitation to the
power OF Congrc SIS is either some positive
OF implied prohibition in the constitution i,
SCI, or the exercise OF an honest and sober
disc elton. If therefore there is any rea
son to believe at the present period aud ex
listing state Of things, that ty putting down
the bank your revenue will be greatly i'm
paired, your commerce will be Injured the
Puhiic credit lessened, all Of which Con-
grels is 10 protect; does not such state Of
things make it proper that that bank. which
Cught sot to haVe-b en- crea'ed, because nor
necessary, now oush to be continued be-
cause Indispensable I may here be said
.tha am varying the constitution, if saw
thu hing isproper to-day which was not
proper Is years ago; That this vibration
vii Iva skeep The con ~ttution in an un.
GER "a state / say no My doctrine is
so.'e ~ such aCcusati n /; the principles
of Consultation are uniform and uaalte.
r. To- It IS AN uniform and unaterabie
pr 'e iha Congress have the power to
IA Il 81 ec' taxes: hey have the same
positive Interchangeable right to exercise all
Che ernmerat powers, the only rule of
construction re!a ing to them being that
she means YOU uso have Unnecessary relation
60 the power or which you legislate. If the
means be not enumerated you exercise
discretion a. TO he means, having regard
20 the ex ting state Of things when you lie.
gislate concefning them. The same means
NAV b necessary and proper now which
would na have been 20 years ago; WOW
chang he ms 70 .fra