Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-05-16

D
only ihe drree OF H. 'eienaiuy express au,hor
~, to be bu, e degree Ut it, importance al.
so; snce, on this will dcped the probability Of its being
LETT 20 consiruc ion.
Reviewing the Constitution with an eye 10 these pos
,on u wa, not possible 10 discover In II the power to in
corporate bank The Only clauses under which such
power could be pretended. are either
The power lay aud collect taxes, TO pay the debts
aud provide Tor the coou defence and general etas
or
g. The power borrow money c.; the credit of the u
s.; or.
me power 10 pass all laws necessary and proper TO
carry INTO execution those powers
The bill did not within the fret power IL laid no
TAX TO pay the debts, provide Tor the general welfare.
IL ad 10 tax whatever. Ii altogether foreign the
subject.
Noargnment could he drawn from the terms "co,nmon
defence, aud general welfare" The power "a TO these
general purposes, hunted wing taxes Tor them;
'n TIE genera poses themselves were limited and ex-
planned ny the particular enumeration suhioined To un.
aud these terms ia any sense, tAat would Justify the
po"erin question: would give Cong ress an Jul ired
p'w't won'd render the OF psrti.
mar powers; would supercede all the powers
'he sac 'ernmcn,s These are copied on, the
ar'ciss oil Coed. ration Iladitcver been that
| p ined
IL had been said that general welfare meant cases in
weh general power might he exercised by Congress-
without interfering With the ei the States; and that
Ie establishment Of National Bank was OF this sort
there were, he sai, several this novel doc
trine.
The proposed Bank would interfere so as indirectly
"ue'ea Slate Bank at the place. 2. Ii would di.
reetiy interfere vi The rights OF The States 10 prohbu az
wen as 20 establish Banks, aud the circulation of bank
notes lie menned lar Of Virginia, ac,ual prohibit.
ing the circulation oil notes payable TO bearer Inter
terence with the power of the aes was no
crerion oil The power OF Congress II the power was
not given Congre could exercise il; il given ihey
night exercise II, although il SHOULD interfere with the
laws OF even the Constitutions OF the States A. II Con-
gess could incorporate Bark merely because the ACT
would leave the States iree 10 establish Banks also anv
o'htr interpretations ught be made by Congress They
couu incorporate companies OF ,cures or conpa.
es Tor cn'rg canals, or religious societies. leaving
similar ncorpora ions by the Sties ike State Banks 10
hem'eNes Congress might even establish reiie ous
teachers in every parish, pay them Out of the rea
sufy OF he United States leaving other teachers unmo
'esed III their functions These inanssible conse ouen.
ee 3. condemned The eonlroverted principle.
The case OF tie Bank established by the former Can
geess had been cited as precedent This was knovn
he :aid, 10 have been the Child of necessv II n.,er
"a ne Jus'hel by the regular powers Of Ar ces of
confederation Congress betrayed cons ciosness of ths
IN recommending to the States to incorporate the Bank
hey dd not attempt 10 project tile bank notes by
penalties against The countereites-These were reserved
wholly TO the authority OF the States
me second clause 10 be examined is that which EN-.
powers Congress 10 bcrrow money
Is Ibis TILL 10 borrow money, II does mt harrow
can be deenes any lair construction by which the bill
ne,s The obvon. meanne OF !, The power to borrow
ney' that oil accepting il FROM STIMULATING pa ynsD,
TO those who are able aud milling TO lend
10 say that The power 10 borrow, involves mower Of
anhg The ability, where there may be The will to lend
is Of oniy establishing dangerous principle as will be
l"sI'a'ty she"A At is as forced constuc ion
say mat II involves the power o., compelling the will;
where here may be the abi 10 lend.
ho hd cause is tina, which gives the power TO pass
al laws necessary aud proper 10 The specified
Whatever meaning this clause may have. none can be
united, tal woud give unlimited discretion TO Con.
gieSS.
It's meaning mu.i, according to the natural and obviou.
io'ce OF the tern aud the context be Limited 10 means
necessary to the end, and incident the nature of the
specified powers.
The clause in feet merely decarsory OF hat would
nave resulted by unavoidable implication the appropri
ale, and as il were, echnicAl means OF execunr $50
q tuatlh aen avDi
OF The constitution. and ratified by the state conyenon.
ne essential CHI ceisic OF the Governments as COM
posed oil 'm and enumerated powers would be desrov
e'', H. stead Of incidental means anv ,na,'s
could he used, which in the Language OF the preambr 70
ne o IN bht he onceIved to be conducive TO the sue
eessu' conducting at the finances; sh be concerned
To femd TO give facility the obtaining Of loans H.
urged an attention 10 The diHuss aud duce terms which
iid been ioun requisite er the stretch of or
tain"' in The Lili. He compared item uih The fern,
necessary aud PTper used 10 tie Constitution an asked
whe or II as possible 10 view the descriptions as
the her -"
II, proceeded he Congress- by virtue Of the power 70
borrow ca" create The means OF lending aud pursuance
OF 'hese means, can incorporate bank, they may do ant
thing whatever creative OF like means.
he East India Con pany has been lender to the
Brush Gorernmen, well rs the bank aud the South
Sea Company Is greater crvdr Than either. Congress
men may "co'poae similar companies in the u. States
anil that, too under the idea OF trad. h,t M
der That oil borrowing money
Private capitals the chief re.ources for loans 10 the
Brush government. Whatever th.n may be conceived
me he
congress- ihey may incorporate manufacturers They
may give nohoPoieS IN every branch of domestic indus
ny.
IT, again, Congress, by virtue Of the power TO borrow
money, can create IiIe ability lend they nav nv yr-
Tue Of 'he power TO levy money, abiy 10 pay
It, lie ability TO pay taxes depends Oh the general
wealth OF the society, and ibis, The general prs
oil agriculture, manufactures aud commerce Conpie.s
then NAY give boun'tes anI make regulations Oh ali Of
these objects.
The ate- have, il is allowed on all hands a concur
rent right 10 lay and collect taxes This pow is secured
70 ihe no, by its being expressly reserved hut by lis not
being ceded by the Constitution. The reasons for the hill
cannot be admitted, because they would inyaliat that
rigi Why may not be conceived by Congress tb,, am
uniiorm and exclusive imposition taxes would not less
tdn the proposed banks, be cOnducve 10 the successful
conducting Of The naonA finances an tend 10 giue (oci
Hy 10 the obaiung OF the use of the govern
nrnI" Wv e
he doctIine Of duplication il always tender one Tie
danger OF Il has been iel in other governments The de-
cdcy VI elt IN u adoption o u; the danger u,y
hofics. ~
Max the tie reasoning on which the VALIDITY Of ,Is
OIL depends 10 borrow money is made The end and te
accumulation OF capitals implied as The medHs The ac
e"mh1'i0b OF capitals Is Lien the end and a b,,k
tH'ed as tie means The bank j. thea The emf and the
I"e'Fpo"'"n monopoly, capital punishments
&C. implied IS The means
II implications, thus remote anl thus multiplied ran
De Nei together chain may be formed that will reach
every Object OF Legislation, every object within The whole
comPas. OF Political economy
Ihe Ituie oil 'niei probation required by the hill il con-
demned by he rule furnished by the Consi ion itself
congress have power egnAte the value OF n,ouev
yet N exPr's SLY added not lett be Piled that coln
iefleiies may be punished.
They have t'e power 40 declare wsi" 10 which ar
lea me- al