Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-12-01

nnornoratc. But the whole was L. elected; aud one OF
he reasons Of rejection urged i'll the dehale was, MAJ
hey then would have n power 10 erect a bank @ii%.
would render the great cities, where there were rF'J"u''
and iealoasies ON that subject, adverse to the r'eep'
ion of the Constitution.
.. The second general phrase, is, 'to make al! laws
necessary and proper for carrying into execution we
enumerated powers" But they can all nc carried INTO
ayecntion without a bank. A bank therefore IS mol
and consequently not authorized ~ '''S
: II has been much urged that a bank will give great
facility or convenience 10 the collection OF taNes' sup
pose this was true; yet the Constitution Allows oh'S
The means which are Unnecessary" not those winch are
merely sconyenient," for cfecting the enumerated
IL such a latitude of construction be allowed
10 this phrase as to give any non-enumeratea power
it will 90 to every one: for there is no one wh'ch inge-
nuity NAV not torture into a eonrsnienec, az some 'c"y
othcr 10 some oge of so long a list of enumerated
powers. Ii would swallow up ailthc delegated powers
and reduce the whole to one phrase, rs before observed.
Therefore it was, that the Constitution restrained them
TO the necessary means, that is say, 10 those means
without which the grant of The power would be nr'ga-
tory.
Bnt let us examine this tconvcnicnce,' and sec
what il is. The report of this subject states the only
general convenience to be the preventing the trailspo3-
,ation and re. transportation OF money between Inc
States and the Treasury. (For | pass over the increase
which. according to my ideas of paper money, is clear
ly n demeri,.) Every State will have TO pay a sum OF
tax money into the Treasury and The Treasury will
have TO nav in every State a part Of the interest on
the public debt and salaries TO the oiiicers OF Govern
ment resident in that State. In most or the States
there will still be 4 surplus Of tax money, 10 come up
to the seat OF Government, for the officers residing
there. The paytuents OF interest and salary IN each
State NAV be made by Treasury orders on the State
Collector. This will take up the greater part OF the
money he has collected in his State, and consequently
prevent the grea, mass of it from being drawn out Of
the State. If there be 4 balance of commerce IN favor
of thut State, against the one in which the Government
resides, the surplus Of taxes Will be RENTED by the
bills of exchange drawn for that commercial balance.
| And so it must be, if there were a Bank. But If there
be no balance of commerce, either direct or circultons,
all the Banks in the world could not bring us the sur.
plus Of taxes but in the form of money. Treasury or.
ders, then, and bills of exchange, may prevent The dis
placement of the main mass of the money collected,
without the aid Of any Bank ; and where these fail, At
cannot be prevented, even with that aid.
Perhaps, indeed, bank bills may be a more ronccntent
vehicle than Treasury orders. Buta little difference IN
the degree Of convenience cannot constitute the ne
cessity which the Constitution makes the ground Tor
assuming any non enumerated power.
Besides, the existing banks will, without doubt, en-
ter into arrangements for lending their agency, and the
more favorable, as there will be a competition among
them for it; whereas this bill delivers us mp bound 10
the National Bank, who are free to refuse all arrange
ments but on their own terms, and the public not Tree,
on such refusal, to employ any other bank. That Of
Philadel phia, | believe, now does this business hy then
post notes, which, by an arrangement with the ireas';-
ry, are paid by any State collector 70 whom they ars
presented. This e~xpedent alone, sutiices 10 prcvcat
the existence Of tina, necessity which may Justify the
assumption Of a non enumerated power, as n means Tor
carving into effect an enumerated one. The thing
may be done, and has been done, and well done, with
out this assumptions; therefore, II does not stand on that
degree of necessity which can honestly justify IL.
1t may he said, that a bank whose bills would have
n currency all over the States, would be more conve-
nient than one whose currency is limited TO . single
State. So il would be still more convenient That there
should be n bank whose bills should have i currency
all over the world. But it does not follow from this
superior convenicncy, that there exists any where a
power TO establish such n bank, or that the world may
not go on very we'll without it.
Can it be thought that the Constitution intended,
that for a shade or two Of eonrsnisaef, more Of les,
Congress should be authorized to break down the most
ancient and fundamental laws Of the several States,
such as those against mcrtmain, the laws of aliepagc,
the rules OF descent, the acts of distribution, the laws
of escheat and forfeiture, and the laws Of monopoly:-
Nothing but a necessity invincible by any other means,
can Justify such a prostration of laws, which constitute
the pillars ofour whole system Of Jurisprudence. Will
Congress be too straight-laced TO carry the Constitution
into honest effect, unless they may pass over the toun-
dation laws of the State Governments, for the slightest
convenience to them?
The negative ofthe President is the shield provided
by the Constitution TO protect against the invasions oi
the Legislature: lst, the rights Of the Executive; ID,
Of the judiciary; Sd, cf the State and State Lcgisla-
lures. The present is The case Of right remaining
exclusively with the States, and is, consequently, one
of those intended by the Constitution to be placed un-
der his protection --~sr,,, mat unless The Presl-
dents mind, on a view of every thing which is urged
for and against this bill, is ,olcrably clear that it is au-
thorized BY the Constitution, fti,e pro and can hang
so even as to balance his judgment, a Just respect for
the wisdom of the Legislature would naturally decide
the balance in favor of their opinion. II is chiefly for
cases where they are clearly misled by error, ambition
or interest, that the Constitution has placed a check in
the negative of the President.