Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-03-22
COMMUNICATIONS.
FOR THE ENQUIRER.

FOR THE ENQUIRER.
UNITED STATES BANK.
1t has heretofore been thought, and hope with rea-
SON. that the question of the Bank settled IN VIZ
oinia . but since the Richmond Wing has undertaken
TO enliahten the voters OF the ancient Dominion on
this point may be amiss TO consider the question
in some of its most important points
"Whenever question arises, concerning the constl-
nationality of particular power, the first question IS,
whether the power be expressed in the Constitution
if it be, the question is decided-if it be not the next
enquiry u.s. whether is property incident to an cypress
power and necessary its execution IF it be, 1t may
be exercised BY Congress- 1t be not Congress cannot
exercise it."-(Madlson's Report, page 49,
This extract shows very correctly the method to be
pursued in discussing constitutional questions It's
proprety results from the character OF the Consitd
lion, since all powers, no. expressly granted 10 The
Congress in Constitution necessary TO the exc
cuton Of the granted powers are expressly reserved
TO the States, or the pecrls-l2th Art Amdts. COM
The question then arises, Have Congress express
power to charter Bank +? No one will contend that
they have an express power to any corporation
Is then incident TO an express power, and neceS-
sary lis execution
IL is agreed that the words Unnecessary and proper,
refer only those powers, which are means ndIspen
sable, and necessary TO the end for which they are
exercised-i. e the execution OF granted power
tF.d and Madison's Repor)
Is then this form of establishing National Bank
indispeasay necessary 10 the full and beneficial exc
cuton Of any express power
The express powers IRON winch this power mas been
deduced
lst The power of laying and collecting taxes, to
provide for The general welfare, &c-2d That of bor
rowing money, the credit of the United States,
&c.-3d Regulating commetce-and 9TH, OF coming
money.
lst Is then the creation of Bank ndispensably ne
cessary to the execution of this power THIS IS the
source from which the Supreme Court derives The
power They say that Bank is useful, convenient
nay, essential to fiscal operations, deposite Tor the
public funds, and facility for transporting them
We will allow, that il is useful and convenient, out
deny that 1t is necessary
1T. As to lis utility a place of deposite Inc
public funds, after they have been collected, may be
deposited Treasury at the seal of Government as
safely as a Bank, and during collection they may
be left in The hands of collecting officers, whose fidelity
be found 10 or, 1t the funds coi'cteo
at single point should be too large 10 be confded 10
single officer, Congress might provide sub-ifeasnres
piacea OF deposlte which would be more sale tnan
any Bank But IL IS urged, that the expense incurred
would be unnecessary when the Banks would do II Tor
nothing To this | reply that the expense would be
very small, and that the expense would not ereats
power which did no, before exist
Cd. AS TO lis convenience to transport the public
funds We that it is not necessary to transmit 10
the seat Of Government the whole of the public funos
collected particular place, bu, only the surplus,
which remains after paying the expenses OF the ON
GERS, &c at that place Bank, TO be sure, offers
great facilities for transporting them. But there are
convenient, as Btiis OF Exchange. But if this plan
would not answer, there are others, which,
though very COSTLY undoubtedly constitutional, and
the cost, have said before, does not make 1t ne
cessary 10 assume an uowarran,ed power IL so, all
constitutional questions would resolve themselves IN
10 matters Of dollars and cents AS 10 the expense
to the Government, we believe that nothing is gained
by using Bank Bn, To the people, the Bank is more
expensive than any other mode The tax of the late bank
has been estimated at upwards Of 81 3nO0 Back
rborof ~ 0nlv mt be-
convenient; and even if It were, being not necessa-
sary, it would be unconstitutional a conclusive argu-
me mt against the necessity Of the u y Bank 49, that
during the late war The Government experienced no
difficulty in transporting ITS funds, aud ut the present
time the difficulty is in raising, nat in transporting,
funds. Besides: other nation have never established
banks for the purpose of facilitating fiscal operations
This is the only Government in the world that has es-
,abshed Bank for this purpose aud wha, IS still more
singular, il is the only which has established a
hank ,ritou, authority to do The natural and pre-
frrable way Of keeping the public funds s, TO deposte
them in public Treasury. The natural aud best way
Of transporting them is, by bills of exchange, Nc
The Cd express power from which the bank creative
power Is deduced is tlat Of borrowing money-bu in
what way the deduction made, we are al loss -
understand Ii the Bank we're obliged TO lend money
10 the government there would be some grounds for
creating bank the score OF c0nrenteRce or utility
lint there was no such condition in the late charter.
Tine Bank was NOT obliged lend to the Government
under any circumstances, not even the amount oil stock
which Tue government held in the Bank. II was US
free in this respect the State Banks or individuals
st. therefore secured TO the government no advantage
which could Justify ts establishment on the score of
convenience But admitting its convenience, il is no,
necessary unless the government were unable to bor
row from other sortces-which cannot be maintained
And If government could not borrow money elsewhere
il would be from its scast Of credit, and then no one
should hold stock in bank which was compelled 10
lend TO goreranent ,r;ii0at srcdt.
have thus examined ne tsn first clauses, and IT
you think it worth RI yonr paper, may con-
linue the argument fn.J-e number.
SUSSEX COUNTY. STATE RIGHTS.
TO THE EAircaS : TIE E.SqUIRiR.
LII. y