Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-04-02


bring that subject into discussions. am
willing ~ acquiesce in that particular
case, so Ion. as the charter continues
without being acknowledgements il has
been repeatedly argued before Congress,
aud not only in 1891, but in 1915 WAS So
lemnly decided IN favor OF the measure.
But II is against the principles which
brought il into life in the year 1891, and
those BY which il is supported now by
The supreme conrt, that | protest | de-
precate The consequences oil those princ-
pies, and wish 10 raise my feeble voice in
warning my cOunirymeH of the danger
of Them. There is supposed TO have been
a vesy wide difference between the prin-
cipies which caused that bank la be esta-
blisiied iii 1874, and those Of 1915. On
The FIRST occasion II Was boldly urged by
MIR. Hamilton, that mecssscry" meant
useful, or coeaacire 10 thar the bank, al
though not indispensable, necessary, would
be convenient, and would facilitate the
collection eI the revenue, and lie bor-
rowing al money and ti,e preamble TO
The bank bill rccited HAT 81, is conceived
10 be condncirc TO the successful conduct
ing of The finances, and conceived 10 tcna
TO give facility 10 tie obtaining Of loans"
The reason however which prevailed in
1915 WAS different. Ii was then conceiv-
ed HAT the establishment If ii bans was
a necessary mean Tor condu' Ting tie H. al
operations OF the government X was a'g
ed with great warmth HAL the govern
.ment could not go on without II. AithO'
M 1871 the charter ofihe old bank expir-
eel, there could not be found friends e.
nougii TO renew IL, /; but in 1915 The paper
which lad been thrown into circulation
by the establishment O. numerous state
banks, having become extremel, isprc-
Grated, and tie commerce OF the country
having become thereby very much EN-
barrassed, many members of Congress
began TO believe that the only cure for the
evil was the establishment of Il national
bank. Ii was believed by some, that,
without II. the revenue could neither be
collected nor distributed. They thought
that the necessity which the constitution
required was new apparent, aud under
The influence oil this opinion, a majority
was obtained, and the measure was, Il
think unfortunately ushercd into exist
ence. Under the influence of this opiB-
ion, and perhaps under belief that the
long acquiescence OF the people under IA
bank law justified it, the President Madi-
son approved of lie bill, notwithstanding
hls former hostility 10 such law. Sub
sequeDt events have rendered it extreme
ydoubttuiwlether any benefit will result
from II. Ills change Of opinion is how
ever referred 10 IN The opinion OF the SI-
preme court, aud Is arrayed with great
force against the opponents OF the meas
ure. The reference 10 that Change oil
opinion shows how extremely cautious
we ought TO be ia admitting an enlarged
construction of The powers given 10 Con-
gress, since this very admission has been
welded with sreat force (; and there is
every reason To believe that ii will III flu
ture cases be used "a a wedge whereby 10
let in other powers of indefinite extent,
and uncomfortable capacity.
The consequences OF g.vingau enlarged,
or what Is called liberal construction TO
Inc grant of powers. are alarming 10 the
states aud the people. The dispositlOn TO
give Tins enlarged construction has mani
tested itself on many occasions, and par
llcularly during the short and eventiul
period OF MIR. Adiams's administration
Whilst this disposition exists, unchecked
and uncontrolled, the first clause of the
Sth section is big with dangers. as Con-
gress shall have power 10 Law and collect
taxes, &c. 10 pay The debts, and provide
forthe copInon defence and general wel-
fare of the u 81 Whist The constitution
was under discussion, its opponents fore
told that this clause would be construed
into an unlimited commission TO exercise
every power, which might be alleged TO
be necessary for the general Welfare. The
Federalist (No. AZ treated that prophecy
with contempt. He asked, "For what
purpose could the enumeration of par
ilcular powers be inserted, If these and
all others were meant TO be included in
the preceding general power ?" Mol
wiibstauding the opinion OF the Federal
ist, the prophecy of the opponents of the
constitution turned out 10 be true. IL
was centended by some, tina congress had
Alright iopass any law by which they might
provide for The general welfare" and
they brought III The preamble TO their aid;
whilst others only claimed the privilege of
providing for the general welfare in ALL
cases in which there might be an applica
ton OF the money TO be raised by taxes.
In this latter sense il was understood by
the first secretary of The treasury, WHO
maintained that there was no room for
doubt that whatever concerns the general
Interests Of learning, Of agriculture, Of
manufactures and Of commerce, are with
III the sphere ofthe national councils, as
far as regards an application Of money"
The effect of either OF these constructions
is TO render pugatory the particular emu
merailoD of powers. There was no neces-
sIty for specific enumeration Of author
lilies, the execution of which required the
raising of money BY taxes, and the expen-
diture thereof, it the general phrase au-
ihorized The Congress 10 pass laws in all
cases In which tie expenditure of money
night promote the general welfare.
This liberal disposition for granting
power is unbappily sanctioned by the
late decision of The supreme court.
dread The result. Take the two clauses
together, construe them literally, and
POini out, If You can, the limit which