Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-03-25

But it is said this confers on Congress a power
sustained only by her discretion. Such is not the
fact-thc judiciary and the executive veto each NAV
check that discretion. The means must naturally
arise from the power TO be executed, and have an
appropriate conncxion with il, aud by fair not fore
ed constructions IL they do not the judiciary may
declare the law 10 be Unconstitutional Mr. Nadi-
son. IN The argument in support Of the resolutions of
i'Yo, says that this makes the question that is the
relation between the means and the end, of na-
t"re sufficiently precise and deicrminate for judicial
cognizancc and control"
Here then arises the main uuestio,,-Is there
any power granted by the Constitution to the exec
cutioh OF which, n national Bank may be applied as
natural or appropriate means?
Inc CONSTITUTION prohibits the States from coin
ing money emitting bills of credit, or making any
thing but gold and silver lawful tender The
Constitution gives TO Congress the power to "coin
money and regul,te the value thereof and of TO-
reign CON-, and IN the same clause, "to fix the
standard oil weights and measures" Taking these
several provisions together, il is evident that the
CONSTITUTION Intended 10 give to Congress the entire
con'roi OF The currency of the country, to secure
what rs so desirable, uniformity of value, as well
as OF weights and measures. Coin, which is the
basis OF all species of CURRENCY was no doubt
used MS generic term This is not an unfair inter-
pretauon-"Congress shall coin money"-in another
clause, " borrow money" If the strict sense is g-
ven 10 tne word money in one clause, il is equally
applicable to the other. If so, Congress- cannot
borrow bank notes, because they make n currencv
not money. But, tncver entered into the mind of
any one mat Congress had not the right to borrow
oahk notes. But take parallel example i'm the
OBSERVATION-DISCLOSURES shall have mower IN cs,o
DIsh post Offices aud post roads," rigid consruc-
ton would confine Congress to an ordinary road
put has 1t ever been doubted that Congress might
IN liberal sense, being SYNONYMOUS viii, rood NO
com, ny like Just and liberal interpretation is sy
nonmous with currency. If them. Congross has
power to regulate he crcncy, it will not be doubt
i'm
OF the country, and produces a uniformly of value
III the circulating medium, is not only fit. appro
pirate, natural means, but the best which as vel the
ingenuity of man has been mile m suyyos, 10 C.,
that object. -
But again: Congress shall have power to lew
ana collect taxes, duties, mpos,s and excuses TO nav
the debts aud provide for the common defence anI
general welfare OF the United States-but all duties.
poss, ana excuses shall be uniform throughout The
United States" The words "but all duties ;nnos,s
and oxcses shall be uniform throughout the United
Stites, operate as a limitation upon the power TO
Jay ana collect. That il is intended as limitation
IS mace more clear by the omission of the word
taXes IN that part of the clause which crentes the
limitation by the ed section of the LIST article II
VIII DC seen that taxes could be uniform rs thew
were 10 De apporoned by the federal representation
Ihe power then to clay and collect dutics,n sc. is
under the limitation of uniformity
Uniformly IN collection cannot be obtained with
out currency of uniform value. When. therefore
congress Is about to exercise the power, the first ll-
thDf
character i'll which the duties shall be maid. and nm
III such medium does exist, payment canno, be en-
forced without departure both from The Ie,ter nd
spirit OF inc constitution. Gold and silver is and no
souot soid be, The standard of value for ali circu
latnS mediums; but / do not know thar Tho r,eres,
dreamer IN political theories, has ever commended
that the immense revenues this country could be
collected and dlsbursed by the use of the precious
metals aone-tlie deficiency in quantity ms well ms
The risk and expense of transportation forbid II
Congress must adopt the currency of the counrv
where the duties are to lie collected The peonle
otherwise cannot pay Those who oppose the charter
oil q Rational Bank, recommend a resort TO State
Banks, admitting thereby, all must do the ucccs
SHY OF Banks, in collecting and disbursing The
P"o'ic reVenue-wihout enquring whether it would
De safe or proper to rely upon State Banks over
Wncn .he government has no legal control, or whe-
ther the use of u State Bank is not as rren, n
stretch OF constitutional authority MS TO incorporate
ara use National Bank it is not impossible 10 esra-
DNsI UNIFORM currency by local Institutions?
tilihk, from The very nature of their powers and
The limited sphere of their operations il NAV he
SheWii mat they cannot inspire that general conf
dence beyond the limits OF the State in which thew
are located, which is necessary TO secure to their
issues currency of uniform value But we are
not lett to general reasoning on this subject.
fast experience, which is better than n tIou
sand theories, has settled this question bevond
douDt. we have seen, that in the absence
crts over the local establishments the currency in
different sections of the Union has sunk below the
standard of gold and silver to almost every no;n,
between Far value and twenty-five per cent dis
count If, then, the currency at Boston is M por Z
per cent below par at New York 10 at PhiIndelpbio
10 at Richmond and 90 at Charleston the peopIe of
Charleston pay $50 for that which the people M
boston pay 500. This has happened already. and
VIII always be the where the local banks or the
money-dealers, are not regulated by an institution
winch operates alike over every portion of the conn
Try. In Tins state of things Congress must of neces
si'y uuopt some measure TO correct this evil i'm the
circulating medium, or the power to collect duties
WIN the limitation upon IL, must remain dead let
Ter ior, tie duties collected must be uniform and
they cannot he so while the currency is at different
Naiues' NOW, ask IT experience has not shewp
that The Bank of the United States is not only CON,
vcnicnf but an appropriate means of CORRECTING the
evil ana OF enabling Congress to execute the mower
to collect duties Its circulation is co-extepsve
with the Union, and local to the Union ms The state
Banks are to the States. 1t is of the same value in
an sections OF The country, and by law made receivn
Die I'D payment OF all public dues. By it, govern.
nent PROVIDES currency Of equal vaIde at ali points
vi 'he coh''nenf ana authorizes its receipt i'm paw
cnt oil lie public debts. 1t may then be said that
without tlIs AGENT one of the most vital powers of
Tie Constitution would be nugatory, or if exercised
would be in violation of the Constitution.
Ii has been said by the gentleman from Wvtbe
and reiterated in triumph by the gentleman from
Williamsburg, that in tie convention which form
ed lie Constitution, a proposition was made 10 rive
the power 10 incorporate n Bank, and rejected
This, they contend, is conclusive I do not SOC
the iorce OF the argument if the facts were ms
stated. But, The fact itself is not admitted Mr.
madson IN l,ls Bank speech in 179l stated that
ne recohec'ed power to grant charters of incor-