The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-02-07

fence and general welfare. &c.
I'd. 10 borrow money on the credit of the
United States.
Sd. regulate commerce with foreign
nations. aud among the several states, and
with Indian tribes. And 4th. To make all
laws which shall be necessary and proper to
carry the foregoing powers. and all other
| powers vested by the constitution in the gen.
eral government, into effect. 1t will not be
denied. thai it the establishment, of bank
comes within the meaning of the fozver to
lay and collect taxes, to pay he debts of
the United States, and to regulate COM
mercs, or is necessary and firo,ier to Cary
the foregoing powers into effect it would be
a fair subject Tor legislation by Congress-
But can amy one pretend that a bank would
be mode contemplated by the Constitution
tn lay and collect taxes on the people for
the purpose of raising revenue ! Would it
comport with that wise principle of unitor-
nifty aud those guarded restrictions against
uneq al ourthens on the people, which Con-
salute he most valuable safeguard TO the
Cit zen! 10 underS and the se terms we must
give them meaning W Itch has been affiX-
eddy their usual import When we speak
: OF the pow t. lay taxes we unde stand by
1t d demand OF money rom the community
regulated by fixed and equitable principles,
indlscrim!na'e as 70 persons, and the species
law which imposed buithe,s, or brought
money into the treasury was constitutional,
would destroy our equal system of govern
ment. and substitute a capricious despotisa
lie would revive The exploded doctrine of free
gifts. bene, rlences, and that shameful train
or ex'orti ms practised by the old g.,vern
mems uf Europe. Does it fall within the
power TO pay the debts of the u. States -
This clause relates enHrely to the Applicant
on ct the funds alter they have been accu
unlisted; 1T Is in nformity with that arti
Gle which pledges the public faith for debts
which had oeen contracted, as well as those
which night be created in pursu nee of the
authority TO borrow money upon the faith of
the u. States III the power toinc orporate
Dank grew out OF the obligation to pay the
debts oi the u. State, its charter should be
so worded as TO cease whenever hey were
ex nguishcd; and il would be no longer for
Congress 10 fix definite period for its X
plrdIon. IT the right ut incorporation was
ever meant to be given, it would most natu
rally follow from the regulation of com
MERGE yet no oae has con nded Congress
Gould create insurance Companies within the
States. Those who contend the bank IS
: const tutlonal, consider il as necessary and
! FToHer In Collecting the revenue. That il
may De an useful lnStrumen, l do not deuy !;
II forms deposliarieS couv-n, emf to he GOV
eminent; bui Gu shu.ld recollect depus, .
tar1es equally safe and convenien can be
procured wi.ncu being purchased AT hex
pense OF exorbitant and invidi..s riviIep.s
TO parhculdr Class Ia The co3Imun:ty l an
| Prehend the Cnnsttu.,rn means something
eX remedy different when 1t empowers the
general government TO collect taxes il re
iatrs exclusively TO the author ty thus gwen
u N'nSfess OF employing compulsory pro
cess III coerclng tle 'ayment of taxes; it n
aoieS Congress to create, Within the juri -
dictl u OF The States, officers of the revenue,
ana through them, exercise over the per
sons and properly OF the citizens a concur.
rent Ju. iSd'c' ION, from which, hey ~ her ise
would b. precluded, and from which e,
had been precIGded before he adoption vi
the constitution: II enables hem to i'm ,,,
penalties and iorfeitures, and o nfiict pun
i.h'nent r resistance 20 their authority
but, SIT, admit for 4 moment the bank M :,
De iorI'ed 10 collect the ev,nrr--ought il
not DE exclusively used for that object -
Whence the power to make It An instrument
OF commerce? Why iBVest it win a c.p-tai
Immense in amount and sovereign IN it's con-
troll over the external and internal ,omuercc
OF The country Z Sir, must asain call your
attention TO the limited nature of our govern
ment; we must admins,e err it aswe find i
and not as we think it ought to be Under
TINS view OF the subject, SO long as uutler-
lsand the right to &" lay taxes" to consist i
drawing supplies from the people for public
purposes, and not to tax one portion for tn.
benefit OF another; and to "collect" them.
the right to enforce payment, ] Cannot CON-
strue them to authorize the establishment Of
a bank Sir, bank mas been inprop Nv
considered a means executing some powe,
expressly given 10 Cong ess. The natare of
interpretations is so clearly a distinct class
OF political power. that before they can be
Converted into means Incidental to an obi ct
without the Jurisdiction of the general gov rn-
ment, they must be shewn TO be absolu 2 v
lHeceSsdry. Permit me to ask how has it been
asceriained that bank is necessary to he
operations OF the government Has the e%p =
,rlment been tried! Upon 4 quest II involv-
ing breach of the Constitution, it would BIZ
safer to be guided by experience shan Con-
lecture.
Sir. am we'll aware that J can add nn
thing new upoW tn constitutional points. -
his subject was more thoroughly examined
in 1871 and more ably elucidajed Than any
other since the adoption of The government !.
the celebrated speech OF Mr.. Madison. to
which ascribe my conviction, has been re
Gently presented to us ia the ne wspapers and
gentlemen must be familiar with il; / cam I
give additional weight tac argum uts, bu
thought It proper to call the attention of tho
committee TO that part of the subject, by the
remarks have made.
said, sir 1t must be shcwn that the baox