Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-02-25

tho Contribution particularly hose Of vginia North, and
South Carolina that whenever this clause was
to by the opponents oil the Constitution az granting new
and underlined powers, they uniformly by
Its iiends that that clause conferred no new power And
ought not the Constitution be understood in the
same sense was then unde will ask the gentle.
man. he does not believe that IL the people of the seve
ra es, nau conceived 1t possible, that the Constitution
"ouu nave received the construction that lie put up
on ~ whether they would have rejected il with scornl
ihe power TO lay and collect taxes conIers upon Con-
gress tue power TO create Bank NAV not Congress in
corporate gold and silver mining COMPANIES, for gold and
sver are as necessary the power To Law and collect tax
es as osnk noies Will not the process Of reasoning
aunoze them 10 incorporate and
ing companies! IL any person should be foolish enough
10 oyect to the exercise OF such power he would be
u .nc exercise oil would be necessary TO the
ssemen' OF uonesue industry, that il will distribute
weah among the people, and thereby enable Congress 10
Sy more taxes and TO collect them with greater facility
Under The war.makiog power powder. ssltpetre
making and iron making companies NAV be
WIN not consume the time OF the Senate BY pursuing
s 0, argument any further II would be diff.
neu " snew according to- the notions OF the gentle.
man from Louisa that Congress may seize upon the whole
field Of legislation 80 '
Mr. Ch;rman the gentleman from Louisa has contend.
u' wa. me power In question has been granted four
OF what 10 the same thing, that II hes passed as an
cuent 10 tour distinct aud Independent powers But he
appears 10 think that, perhaps more appropriately be-
longs to the power to borrow money! than anv Other I
give Tie gentleman great credit his sagacity Had
10 locate this power In part Of the
power to make President sooner than 10 the DO wer to
borrow money. will ask my friend from Louisa IT, In
"uI 70 uorIow money, 1t is necessary to have bank!
Anu mne'ner the creation OF bank does not involve the
exercise oil power aud draw with that do
mol belong TO the power TO borrow money!!
oome gentlemen, perhaps the gentleman from Louis,
eo"eno ha' Is means necessary aud proper 10 carry
n'o eliect the power to regulate commerce. Bank NAV
Iaees 10 commerce, but 1t is not necessary to
suee H. ~ may Afford great enience to
Is MOI necessary that Congress should use il 10
is'e commerce. The power is regulate commerce. anonv
u no. between citizens OF the same State; the
er power belongs to the States alone The ncorpora.
"on oil Bank, regulates commerce at ALL does not
puport 70 regulate 1t among the States but ndi
vduals OF the State. and the citizens Of the whole
u s.: as ono great community, which is direct viola.
uon Of the reserved rights OF the States.
lhe right TO Charter Bank, is claimed under the po,v
or 70 regulate the currency There no such grant of
power In the Constitution; unless il passed az an incis,
10 some one Of tue enumerated powers. And will il be
eoh'ehueu that the substantive, independent power 10
create Bank, passed incidental to that which itself
" resulted from Implication! This would be building in
implied powers, 10 which there would be no end For w
ample me power to create Bank passed To an
implied power The power TO create Bank draws with
many incidents and every of those incidents ra 40
a'ter new acidens-and may go on ad infnif,n
But let US suppose Congress has the power to
@ Is not Tue manner by which il is to be repu
aeu' pointed out IN the Constitution which is coin mo-
ney regulate the value thereof and OF foreign coins;n
WIN no' suppose be contended, that when The means
OF carrying into elect granted power are pointed ou in
the CONSTITUTIONS that Congress can resort TO oher AMI
ieren' means beg gentlemen recoect that the oniv
power gwen 10 congress over the currency, is o coin
money regulate the value thereof, aud OF foreinn con
10 com money means TO stamp metal with some device
winch VIII give II currency money! does moi, i,
nov mean TO make Bank note. To regulate the value
hereoi, and OF foreign coin, cannot mean that
shall incorporate Bank. ~
10 enable Congress TO coin money &c. il is not neces
sary 10 have Bank; because the pow err granted
well be carried into effect without il as win i, II ]
therefore, be an incident to that power
mas heretofore been Observed the Constitution ough,
10 oe UNDERSTOOD according TO the in which n
adopted Can 1t be supposed that the people bsjieveJ
na oy 'pe power 10 coin money, they were conterrnp
circulation in po ose 10 stamp paper and to put
believed they were comforting Congress the mover ~
give paper instead OF specie currency would thew
nave adopted The Constitution! Any person who has The
least knowledge Of the history of those times mus, tno
'he people dreaded nothing than paper money. IN
prevent sueh an evil seemed Of great objects of
The gentleman from Louisa contends that bank notes
are currency; indeed he says they are money have
1'ore "ought money was something that creditor
was bound 10 receive Of his debtor in payment o his
aeo and that nothing could be said be
uovernmen' hsa aryh 10 make it legal tender 10 the
psymen' OF debts Let us try bank note by this rule
No State shall make any thing tender but eoiJ or ;Iv
me people have taken from the States power to make
Dahk notes legal tenders they have conferred the
power OH Congress- II is therefore reserved IN The
people, What Is bank no,e IL a promisorv note of
corporation nothing different from the note OF an indiyi
aua corporation receives interest for quitting i,
INTO circulation and an individual paw Interest n his
note Is put into circulation. 1t then appears that
note is not legal tender, that il cannot be made az.
"or, therefore, money or currency.
me gentleman seems TO think, that the power TO create
ban~ may be drawn from that part OF the Constitution
when says that no State shall money or emil hill
OF credit. lie does not say bill credit is bank note
YET he seems 10 think means bank note. do not he
neVe Dill OF credit Is bank note thai il means hill.
issued Oh the iah OF the Sate something like the old
nnen,a paper But, suppose it does mean bank notes
mas Congress right to issue them! The power confer
req on Congress TO coin money! the prohibition ON the
STARE 49, no State shall coin money or emit bills of
No power is given Congress emit bills of credit,
Inc people subtraced the power from the State Govern
mens but did not grantit to the Federal I,
IS therefore, retained by The people 1t follows of course
DanK mole and bill OF credit can one and the SANE
ihg mat neither the States the General Government
mas the power 10 incorporate Bank.
Inc gentleman has relied precedent 10 sustain The
power oil Congress do not feel myself bound bv anu
aunoy Oh constitutional questions because that would
DC 70 make the powers of the government depend upon
the opinion OF those who put it into operation II T.
maxim that runs through all our institutions that Voc
shou'd often recur TO fundamental principles Bu, IN bs
pound oy the opinions OF those who have gone before ne
Is atogeiher to prevent the operation of this rule
upon some future occasion give my opinion of the cred,
Una" mink due TO the gentlcmans autori,ie,at
sent shall forbear. pre-
nope sir have succeeded in proving that the mower
Claimed by Congress TO charter Bank is moi fonnJ aon
e enumerated Powerstha, it be claimed under
any OF inc general phrases Of the Constitution and TIA, II
ou bo pass as an incident any OF the spe powers
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