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

capitals imhEed as the means. The accu. I
muiauon ~ csptais is then the end. and
bank imftied AS the means. The bank is
then the end, and the charter of incorpo
ration, monopoly, capital punishments.
SC Untitled as the means
II Implications thus remote aud thus
multiplied. can be linked together, chain
may be formed that will reach every OBJ
jet OF legislation, every object within the
whole compass of political oconomy.
The latitude of Interpretation required
by the bill is condemned by the rule fur
nished BY the constitution ITSELF
Congress have power " to regulate the
value OF money :" yet it is expressly added,
may be punished
They have the power "to declare war 30
to which armies are more incident. than
incorporated backs. to borrowing yet is
expressly added. the power to q raise and
support armies" and To this again. the
express power IS to make rules and regu-
lations tor the government OF armies,' -
like remark is applicable to the powers as
to navy.
The regulation and calling out Of the
militia, are more appurtenant to war, than
tue proposed oank, to borrowing, yet the
former is not left 20 con,,ruction.
1t is not pretended that every insertion or
omission in the constitution is the effect Of
systematic attention rhi, is not the cha
racter of any human work. particularly the
work OF body of men The examples
cited, with others that might be added, sui
hcienty inculcate never heless rule of in
terpretatiun, very different from that on
which the bill rests. hey condemn the ex /.
erclse or any power, particularly great and
important power, which is not evidently and
mar Il
II cannot be denied that the power pro
posed to be exc cised is an important DOW
er.
AS Charter or incorporation the bill Gre
ates an artificial person previously not ex-
ISting IN law 1t conters important civil
right and attribu es, which could not other-
wise be claimed. Ii is, though not precisely
similar. at least equivalent, to the naturali.
cation of an alien; by which certain new civil
characte are acquired by him. Would
congress have had the power to ma uralia
II IL had not been expires sly given!
In the power to make bye laws. the bill
delegated a sort of legislative power, Which
Is unqu stionaoly an act IF high and i'm
portant nature. lie took notice of the only
restraint on the bye laws, that they were
no. be contrary TO the law & the CONSTITUTE
on OF the bank and ask: what law was in
tended if the law of the United States. the
scan'iness o their code would give power
never before gwen to corpora on-and OBJ
noXious to the states, whose laws would then
be superseded not only by the laws of con
gress, but by the bye laws of corporate on
within their own jurisdiction If the law In
tended, was the law of the state. then the
sta es might make laws that would destrov
an Institution of the United S ates.
The bill gives a power 20 purchase and
hold lands; congress themselves could not
purchase lands within state " without the
consent OF its legislature. How could tnev
delegate power to others watch they did
not possess themselves
1t takes from our successors, who have
equal rights with ourselves, and With the aud
of experience will be more capable of decid
ing on the subject, an opportunity of exerci~
sing that right, for an immoderate term.
1t takes from our constituents the oppor
tunity of celebrating on the untried mea
sure. although heir hands are also to be
tied by il for the same term.
Ii involves monopoly. which affects the
equal rights OF every cllizen
Z; ieadS &c reaa. reg !.,ioii, pei maps Ca.
PItal pudishments, one OF the most soiemn
acts of sovereign authority
From this view of the power of incorpo-
ration exc cised IN the biil, 1t could never
be deemed an accessory or a suba Tern
power, 10 De QeuuCeQ Oy lmpnCallOn
me rs of executing another power IL was
in nature distinct, an independent and
substantive prerogative which not being e
Enumerated In the Constitution, could never
have been meant to be inc. uded IN it, and
not being included, could never be rishtlul-
ly exercised.
He here adverted to distinction which
he said had not been sufficiently Kept in view
between a power necessary and proper for
the government or union, and a power ne
cessary and proper for executing the emu
merated powers In the latter ca e, the
powers included in each of the enumerated
powers, were not expressed, but to be drawn
from the nature of each. In the former, the
pressly emu uerated. This constituted In c
peculiar nature of the government no pow
er therefore not enumerated, could be IN.
ferred from the general nature of govern
men Had the power of making treaties,
for example, been omitted however neces
sary 1t might have been, the defect could
only have been lam ented or supplied by an
amendment OF the constitution
But the proposed bank coult not even be
called necessary to the government; at most
IL could be but convenient. Its uses to The
government could be supplied by keeping the
taxes lIttle IN advance-by loans from in
dividuals-by the otner banks, over which
the government would nave equal command
nay grea er, as it may grant Or refuse to-
these the privilege, made free and rrevo
cable gilt to the proposed bank of using
their notes 10 the federal reveAue.