render the great cities, where there were prejudices
and jealousies on that subject, adverse to the reception of the
constitution.
2. The second general phrase is, 'to make all laws necessary and proper
for carrying into execution the enumerated powers.' But they can all
be carried into execution without a bank. A bank, therefore, is not
necessary, and consequently, not authorized by this phrase.
It has been much urged, that a bank will give great facility or
convenience in the collection of taxes. Suppose this were true: yet the
constitution allows only the means which are 'necessary' not those which
are merely 'convenient' for effecting the enumerated powers. If such
a latitude of construction be allowed to this phrase, as to give any
non-enumerated power, it will go to every one; for there is no one which
ingenuity may not torture into a convenience, in some way or other, to
some one of so long a list of enumerated powers. It would swallow up
all the delegated powers, and reduce the whole to one phrase, as before
observed. Therefore it was, that the constitution restrained them to the
necessary means, that is to say, to those means without which the grant
of the power would be nugatory.
But let us examine this 'convenience,' and see what it is. The report
on this subject, page 2, states the only general convenience to be, the
preventing the transportation and re-transportation of money between the
States and the treasury. (For I pass over the increase of circulating
medium ascribed to it as a merit, and which, according to my ideas of
paper money, is clearly a demerit.) Every State will have to pay a sum
of tax-money into the treasury; and the treasury will have to pay in
every State a part of the interest on the public debt, and salaries
to the officers of government resident in that State. In most of the
States, there will be still a surplus of tax-money, to come up to the
seat of government, for the officers residing there. The payments of
interest and salary in each State, may 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 great mass of it
from being drawn out of the state. If there be a balance of commerce in
favor of that State, against the one in which the government resides,
the surplus of taxes will be remitted by the bills of exchange drawn for
that commercial balance. And so it must be if the
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