Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-05-14

The powers granted are d. fined aad limited The
ninth amendment Of Inc Constitution declares That,
nc enumeration in the Constitution of certain rights
shall not be construed deny disparare others re-
tanned hy the people" and "ihc powers (0lh amend
ment) mol delegated 10 the U. States by the Const.
tuition, nor prohibited by it to the States, are reserved
to the States respectively TO the people" II is only
necessary to read the Constitution 10 find that il is
delegation OF specific powers for specific purposes II
Is not general discretionary authority 10 Congress 10
attain The objects for which the Government was csta
biished but II IS an enumeration Of the particular mea
or powers by which, and by which only, certain
purposes can be attained If the powers of Congress
were sovereign, they would include all the means an
plicabe TO the accomplishment of their objects but
they are circumscribed and limited with great eau.
ton.
Banks aud paper money are not mentioned in The
Constitution, which gives to Congress mower tuo co;n
money, regulate The value thereof and of foreign
coin, to fix the standard of weights and measures and
to provide for the punishment of counterfeng the
curities and current coin of the u. S. There is no
other power expressly given to Congress over the cur
rency The question is, whether the power to incor.
porae Bank IS properly an incident to express pow
err and necessary TO its execution. The power scon
money implies right TO erect mint as an incident
al power necessary to The execution of the authority
coin money, but il does not imply that Bank may be
established TO issue paper money to serve as subst
tute for metallic money Indeed, the direct tendency
of Bank nully the ends and purposes for which
the power to coin money and regulate its value,
entrusted to the Federal Government because the pa
per money of National Bank banshes from circula-
ton the precious metals coined at the mint The late
Bank Of the U. S. exported large amount of specie,
and new Bank would probably do the same. When
the notes of Bank receivable in payment of the
public Dues the precious metals will disappear as cir
culating medium.
The establishment of bank is not an incident to the
power to coin money the former has no direct relation
to the latter; there is comparison, but striking
trast between them.
The friends of a United States Bank maintain, that
the right to incorporate bank is implied in the power
'to lay and collect taxes"-"to borrow money"-"to
regulate commercially provide for the common de-
fence and general Welare'-"to make all laws neces
sary and proper for carrying into execution the FORE
going powers, and all other powers vested by this Con-
stuton in the Government OF the United States, or
in any department officer thereof" When so many
different clauses referred to- does it not prove that
bank has very direct relation to either. The es-
Enlistment Of bank cannot he in direct execution Of
powers distinct and unlike. Congress has power TO
lay taxes, but bank is not necessary for laying them,
and will not be used for such 4 purpose. Under the
power TO lay taxes, Congress designate the subject
OF taxation, declare the amount of taxation, the man.
Of accounting for the taxes &c, and bank by
no means required for these purposes, and IS foreign to
them. When Congress has selected the subject oil tax
alton, fixed the amount Of taxation &c 1t can provide
that the shall be collected by the custom house
officers, &c. without the Intervention Of Bank Of the
power ''to lay and collect taxes.
Under the power TO "Gorro,c money, it has been
said that Congress has the power to establish Bank
TO loan money Government during period of war or
other emergency The erection of Bank is not the
known and usual way of borrowing money, because
Banks not obliged to Loan When prosperous,
can borrow money almost any where, but when war
other emergencies occur, the stockholders oil Bank
would be unwilling other capitalists to loan money
TO the Government Nor should forget that the power
to borrow, presupposes the existence of an accunu-
lated capital 1t does not imply the power to create
the ability, the disposition 10 lend or the power 10
the will 10 lend where the ability to lend exists
When plain speak Of borrowing money, they
mean receiving money from those able and willing 10
lend and STIMULATING the conditions and time OF re-
payment. You had well say that the power 10 bor
money carries with il the power Of compelling the
will where the ability to lend exists, as that the power
to borrow money implies the power to create the ab
ty. If under the power TO borrow, Congress can Gre
ME the ability to lend, why may not Congress- under
the mower levy taxes create the ability 10 pay Them
"To regulate commerce." Under this power, Con-
gress may impose duties on the commodities Of foreign
nations, and augment or diminish them, as the abun-
dance deficiency of the revenues may demand; es-
tabllsh custom houses &c but there is relation be-
tween the power to regulate commerce and the power
TO establish bank. The Constitution provides that
no preference shall be given by any regulation of COM
merce to the ports of State over those OF another
Would the establishment Of National Bank at any
one Of the Atlantic cities, produce this very effect
against which Congress is admonished by the Consttu
ton: Establish National Bank at Philadelphia
New York, authorize the receipt of its notes IN pay
Pnt Of the federal revenues, and viii not the larger
portion of the imports come 10 the city where the
mother bank located and where lis notes can be rea-
div obtained: And is il not duty 10 see that Con-
gress give preference to one port over another:
The words sscommon defence and general welfare
were copied from the articles Of confederation and are
used in the Constitution merely to indicate the objects
for which the enumerated powers may be exercised
Congress has power lay and collect taxes, duties,
mposts and excses 10 pay the debts and provide for
the common defence and general welfare OF the United
States but all duties mposts and excuses, shall be UNI
form throughout the United States We are not to IN
fer from this that Congress can do whatever believes
will promote the "general welfare because thus would
convert the government into of unlimited powers,
instead of one possessing limited powers for specified
objects To lay and collect taxes, &c. constitute the
powcr-paymsnt of the debts, provision for the common
defence and general welfare, the purposes for which
NAV be exercised. The clause means that Congress
shall have power TO lay taxes &c, for The purpose OF
paving debts &c. and not to charter bank to promote
the general welfare lfthe words common defence and
general welfare should be recognized as grants OF
bower the character of the Government would be
changed and the Constitution would exist only in the
discretion of those who might administer the affairs Of
the Union.
The Constitution gives 10 Congress the power ITO
make all laws which shalt be necessary and proper for
carrying into execution the foregoing powers, and all
other powers vested by this Constitution in the Govern
ment of the United States, in any department of
Gcer thereof" The friend, of a bank contend that
lis constutonality may be established by the autlo,
ry of Congress 10 pass laws Unnecessary and proper
for executing the powers of Congress, but Thu, clause
doe. enlarge the powers Of Congress It does not
confer upon Congress any additional discretion in the
selection of means Would il not be i'd TO give
powers to Congress without giving the right to pass IS
,1oI Mr.. Madison pronounced this clause TO be, Sin
fact merely declara.ory of what would have resulted
nv unavoidable implication as the appropriate, as 1t
we're. technical means of executing those powers In
this sense he sad had been explained by the friends
Of the Constitution and ratified by the State Conyen
tons.
In hi. report of 1900, which bank and antbank
Wings profess admire Mr.. Madison, in referring to
the same clause observed: at is not grant OF new
powers to Congress- but merely declaration for the
removal of all uncertainty, that the means Of carrying
into execution those otherwise granted are included in
the grant.
All the powers of Congress be carried into exc
cution without Bank Of the U. s., which IS not ne