A proposition
was made to them to authorize Congress to open canals, and an
amendatory one to empower them to incorporate. But the whole was
rejected, and one of the reasons for rejection urged in debate was,
that then they would have a power to erect a bank, which would render
the great cities, where there were prejudices and jealousies on the
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 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 not one which ingenuity may not torture into a _convenience_
in some instance _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 power, as before observed.
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