Liberty advocate. [volume] (Liberty, Miss.) 1835-1866, 1837-09-26


that would give toCongress an unlimited
power, would render nugatory the enume
ration of PARTICULAR PowERs--would su
persede all the POWERS RESERVED TO TIKI
STATE GOVERNMENTS"
"The second clause TO be examined, /.
that which empowers Congress to borrow
money. Is this bill to borrow money
II does not borrow shilling. The obvi
GUS meaning of the power TO borrow
money, is that Of accepting it from, anC
stipulating payment to, those who are able
and willing to lend. To say that the
power to borrow involves a power ere
ating the ability, where there is the will
to lend, is not only dangerous principle
but as forced a construction as to say thai
it involves the power of compelling the
will, where there is the ability to lend"
"The third clause is that which gives
the power to pass all laws necessary and
proper to execute the specified powers"
"Whatever meaning the clause may
have, none can be admitted that would
give an unlimited discretion to Congress
Its meaning must, according to the natural
and obvious force of the terms, be limited
to MEANS NECESSARY TO the end, and Incl
dent to the execution of the special pow
ers. The essential characteristic of the
government, as composed of limited and
enumerated powers, would be destroyed,
if instead Of direct and incidental means,
any means could be used which, in the
preamble of the bill, "might be conceived
to be conducive to the successful conduct
ing Of the finances, or might be conceived
to tend to give facility to the obtaining of
loans"
"He urged an attention to the diffuse
and ductle terms which had been found
requisite to cover the stretch Of power
contained in the bill. He compared them
with the terms necessary and proper
used in the constitution, and asked whether
it was possible TO view the two descrlp-
tons as synonomous?"
Mr.. Madison continues: "The doctrine
of implication is always q tender one.
The danger of it has been felt in other
governments. The delicacy was felt in
the adoption of our own; and the danger
may also be felt, if we do not keep CLOSE
TO OUR CHARTERED AUTHORITIES"
"If implications, thus remote and thus
multiplied, can be linked together, a chain
NAV be formed that will reach every OBJ
ioUi OF -icgislation-eyery object within
the whole compass of political economy"
lie concluded this mastery argument
by asserting thai, .EIt appeared on the
whole that the power exercised by the
bill was
CONDEMNED by the silence of the Con-
stitution.
"CoNDEMNED by the rule Of interpreta-
ton arising out of the Constitution.
"CoNDEMNED by its tendency to destroy
the main characteristic of the Constitution.
"CoNDEMNED by the expositions of the
friends of the Constitution whilst depend
ing before the public.
"CoNDEMNED by the apparent intention
of the parties which ratified the Constltu-
ton.
"CoNDEMNED by the explanatory amend
ments proposed in Congress to the Consh-
tuition.
"And he hoped it would receive its final
condemnation by the vote OF this House"
Such are the views entertained by Mr..
Madison, in 1894, on the constitutlonallty
of that Bank, to which he afterwards gave
the sanction of his name From the peru
sal of this celebrated speech, no man can
rise without feeling a conviction of his In
ability to controvert the strong and unan-
swerable arguments of the Speaker. Even
Mr.. Madison himself, in his letter to Mr..
Ingersoll, has completely failed in demo-
fishing the noble superstructure which he
erected while his intellect was unim-
paired.
Aware of his own powerful arguments
against the Bank, Mr.. Madison in his let
ter to Mr.. Ingersoll, builds wholly on pre-,
cedents, as if persistence in error and
usurpation could ever transmute the for
mer into truth, or offer an apology for the
latter.
The Ingersoll letter shall be the subject
ofanother number. PATRICK HENRY.