Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-06-29
COMMUNICATIONS.
FOR TIE EfQUiHkI

FOR THE I.f4UIHER
Is United States Bank Constitutional not
The momentous influence, which The decision of the
question heading this article will exert upon the well
fare of the country, must fill the breast of every pa
triot with anxiety when he conempates it. For, I'M
portan as that individual is itself, yet al
most sinks into insignfcance compared with the con
sequences flowing froma construction of The Constl'u
uon, Tor which the incorporation OF a Bank Will BE-
precedent lthehooves, them every wellwishcr to his
country to reflect upon the subject To endeavor honest
20 ascertain their faith and zcalously to pursue
IT, give you Sir the conclusions arrived al by such
one lie does not presume to offer them as guide To
others, 6u with The hope, that if there be any error, it
may be pointed out to him. as truth his only obs
The decision OF this question turns much less perhaps
than commonly supposed, upon the peculiar constIc-
tons Of the Constitution commended for by the Federal
and Republican par,ies-for it appears TO me- that a
Bank unconstitutional, under the most la.tu.
dinnus constructions hut how much more so is it, We
establish! that rigid construction Is the proper one II
il be shown, that the States when they ratified lie
Constitution intended 10 confer upon the Genera Co.
vcrnment certain specified powers, and the powers IN.
specified, but not all deemed by Congress astja, ..
conrcnieRt then such must be the present construc.
ton.
II may he said that it matters not how the original
parties construed the compact because the present par
lies having i rrht TO change the Constitution have
right 10 change The construction aud make j,
az liberal as they please ! reply, that HE con
Sruetion is part NJ The COnstdutton ard can ony be
changed in The yrcScrbcdJar changing Me Con-
situtton For, what does th- clause mean which de-
cares that ''anendmcnts 10 the Constitution shall be
valid IT ratified By the Legislatures or Conventions Of
threr-nurlhs of The States Z, Does il mean BY the
word Constitution merely the terms OF the compact, or
The meaning Of those terms Ii the first 1t would have
been more accurately worded thus "ihe consent oi
three loutls Of the States necessary to change THE
language Of The Constitution but the meunIn. at
tacllcd that language may be changed By ma on
tv Under the second Interpretation the clause r..
specting amendments IS substance "lhe consent OF
three ourtLs OF the States is necessary 10 change The
terms employed in this Constitution, or the meaning
attached 10 those terms. Now, what is the meaning Of
Mf terms, but the construction II requires then the
consent Of hree-fourlhs Of the States obtained in
constitutional fC.m change the construction II,
therefore, United States Bank unconstitutional
under the construction OF the original parties, It GER
tanly will not BE- made constitutional by majority Of
States declaring IN favor Of II, since they cannot
change the construction.
The next question *, then. what the construc-
ton If the original parties This may be asceraIned
by the instrument ITSELF and the circumstances attend NJ
its adoption - FIRST, taking the instrument itself, the
clause upon which parties differ most, IS that giving
Congress power $50 pass laws necessary and proper 10
carry into execution the specified powers find, by
referring sianard dictionaries, that necessary means
indispeasaGgr requisite This totally at variance with
the meaning attached to il by the Federallss, aSai or
c0nrcaient and the burhen lies upon them Of establish
inc that the Convention used the word in an unusua
sense. Now, when Il is remembered That the Constitu-
ton was uniformly objected 10 upon the ground Of its
having conferred tn much portr upon the General
Government, MT too iulc-that the States ratified II
with the understanding that amendments should be
added, further restraining that power, which were ac-
cordnrly added II cannot be inferred, that they put
construction upon it, which would have increased the
power deemed by them already too great to inde
So, linz tod hy N
yress This rebu.es the presumption that they III.
tended to extend the meaning Of the word necessary 10
usui conrcnient and forces us TO conclude that they
meant 10 il IN It's proper sense Does u follow,
the n that all indPenSay requisite and proper,
are CONSTITUTIONAL Not at all. For, some powers are
expressly forbidden These of course cannot be implied,
ana there is clause declaring that "Ail powers not
delegated to the General Government, reserved to
the States If then Il be ascertaned, that power IS
among those exclusively reserved 70 the States, 1t can
no, be- ,plicd that Ge!ega;ed for, if Congress
cal exercise, by implication, the reSerred PoTerS the
urea, division ot power between the General Govern
ment and the States, instead Of beng marked out by
the Constitution dependent upon the discretion Of
Congress- consequently changing with every Con
rress Powers that unconstitutional at one time,
will be constitutional at another. The States can never
be certain how long they to retain their reserved
rirhs If they lie wresed from them at the dIscre-
ton OF Congress and State laws the most salutary, may
he annued by Congress deciding that the power under
which they were passed. has become necessary AMI
proper for the exercise Of power granted 10 them
selves 1t cannot be supposed, that such state of things
was intended BY the fraTcrs Of the Constitution
They mus, have intended 10 place constitutional bar
rer between The delegated and reserved powers when
neither party could cross, 50 that Congress could mol
assume by implication reserved powers nor The STATES
delegated ones
Now then, We can define implied power winch
shall be constitutional 1t must be indiSpessa@y
tbn I,.ppt .lrrC
a granted power 1t must not be expressly iot
hidden II must not have been reserved to the States.
If,bc mower 10 charter Bank stand thus test,
yin oaree tha, il is constitutional The granted powers
To which This power SAID 10 be incident are, Tue power
Ia Law and collect taxes to borrow money to regulate
commerce Now is it ndispensnbly requisite and pro-
prr 10 enable Congress 10 lay and collect axes-thnt u
should erect corporalon-that should grant 10 thHt
corporation all the privileges Of bank'ng-borro"ing
money, lending money dealing III exchanges, &C
that should authorize aliens 70 hoiu iahas-that "
should declare that lands may be Conveyed IN certain
wav; For when stockhoder sells his stock, ne sells
ms interest in the real property OF the Bank, that y
should exempt certain lands from taxation BY Tic state
erislaturrs-(a strange way Of laying anu cohecuns
,axesp-For has il not been maintained that the state
legislatures could not tax the branch OF the Initeo
S,oies Bank within the limits of their Slaes-ln shert
tol shnuid give to certain individuals privileges,
which ha We no connection whatever WIN laying ana co
ecng taxes any other specified power Is u necessary
To enable Congress 10 regulate commerce. INA,
exercise all the above powers for example that OF a
,horzing aliens 10 hold lands' 1t IS sa'd that the
Bank Will regulate the currency, exchanges %c,'
which are the instruments OF commerce. ne nnf'
then is to regulate commerce.: but has The C"nsttu-
lion authorized Congress 10 delegate i's powers 70
cornoral,on, II i, can delegate one, why not another
Suppose then il TO delegate 10 the I. ;. hank
lhe power Of dlcaring during the recess OF Con
rress "a we'll as of regulating commerce, II II was
Considered necessary and proper TO do 50, why would
il not be equally constitutional Is Bank nd'spen
sably requisite to enable Congress TO borrow money
/, i no, obliged TO lend money TO the Government II
the credit of the Government be good, could borrow
or The Bank as il could Of individuals. Docs power
yen 10 Congress 10 borrow money when the necessities
Of the nation require authorize them to erect coFpo
ration when such necessity exists, TO enable them
if il should arise, borrow money on better TERMS be-
cause there will be additional money-lender IN the
ied Tia, is, give certain individuals facilities Tor
making money Of their fellow citizens, in order to
make them better able 10 lend money TO these fellow
citizens VIVA, Congress do indirectly, II certainly
can do directly. Let them then make an estimate q :
profits accrulng in The Of year =" the =.
Bank, and instead Of chartering Bans, just icsy
Ma !