[180] Marshall, ii, 192.
[181] In Jefferson's letters, already cited, not the faintest suggestion appears that he thought the law unconstitutional. Not until Patrick Henry's resolution, and the address of the Virginia Legislature to Congress based thereon, made the point that Assumption was in violation of this instrument, because the power to pass such a law was not expressly given in the Constitution, did Jefferson take his stand against implied powers.
[182] "Whether ... right or wrong, abstractedly, more attention should be paid to the general opinion." (Jefferson to Mason, Feb. 4, 1791; Works: Ford, vi, 186.)
[183] Monroe had advised Madison of the hostility of Virginia to Assumption and incidentally asked for an office for his own brother-in-law. (Monroe to Madison, July 2, 1790; Monroe's Writings: Hamilton, i, 208; and see Monroe to Jefferson, July 3, 1790; ib., 209.)
[184] Anderson, 21.
[185] Jefferson himself, a year after he helped pass the Assumption Act, had in a Cabinet paper fiercely attacked Hamilton's plan; and the latter answered in a formal statement to the President. These two documents are the ablest summaries of the opposing sides of this great controversy. (See Jefferson to President, May 23, 1792; Works: Ford, vi, 487-95; and Hamilton to Washington, Aug. 18, 1792; Works: Lodge, ii, 426-72.)
[186] Ames to Minot, March 8, 1792; Works: Ames, i, 114.
[187] Tenth Amendment, as ratified.
[188] "Opinion on the Constitutionality of a National Bank of the United States"; Works: Ford, vi, 198; and see Madison's argument against the constitutionality of the Bank Act in Annals, 1st Cong., Feb. 2, 1791, pp. 1944-52; Feb. 8, 2008-12; also, Writings: Hunt, vi, 19-42. This argument best shows Madison's sudden and radical change from an extreme Nationalist to an advocate of the most restricted National powers.
[189] Hamilton's "Opinion as to the Constitutionality of the Bank of the United States"; Works: Lodge, iii, 445-93. Adams took the same view. (See Adams to Rush, Dec. 27, 1810; Old Family Letters, 272.)