that a bank would 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 convenient. If such a latitude of construction be allowed
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 list of enumerated
powers, and reduce the whole to one phrase. Therefore it was that the
constitution restrained them to _necessary_ means, that is to say, to
those means without which the grant of the power must be nugatory.

The convenience was then examined. This had been stated in the report
of the secretary of the treasury to congress, to consist in the
augmentation of the circulation medium, and in preventing the
transportation and retransportation of money between the states and
the treasury.

The first was considered as a demerit. The second, it was said, might
be effected by other means. Bills of exchange and treasury drafts
would supply the place of bank notes. Perhaps indeed bank bills would
be a more convenient vehicle than treasury orders; but a little
difference in the degree of convenience can not constitute the
_necessity_ which the constitution makes the ground for assuming any
non-enumerated power.

Besides, the existing state banks would, without doubt, enter into
arrangements for lending their agency. This expedient alone suffices
to prevent the existence of that _necessity_ which may justify the
assumption of a non-enumerated power as a means for carrying into
effect an enumerated one.

It may be said that a bank whose bills would have a currency all over
the states, would be more convenient than one whose currency is
limited to a single state. So it would be still more convenient that
there should be a bank whose bills should have a currency all over the
world; but it does not follow from this superior conveniency, that
there exists any where a power to establish such a bank, or that the
world may not go on very well without it.

For a shade or two of convenience, more or less, it can not be
imagined that the constitution intended to invest congress with a
power so important as that of erecting a corporation.

In supporting the constitutionality of the act, it was laid down as a
general proposition, "t