The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-01-04


note implication from the of war, than ~
Incorporated moi'"poly bank, from the power o
! sorrowing-yet taspOwer TO borrow is not left e
implication.
1t is not pretended that every Insertion or @
| mission in the constitution liz the effect of sys
;enatic attention. This is net the character Of
/ any human work, particularly IA. work of a body
1T men. The examples cited, with Others tn a,
might be added, sufficiently inculcate neverthe.
less rule OF interpretations, very different from
that on which the bill rests. They condemn the
exercise of any power, particularly great and
Important power, which is not evidently and ne
eessariiy involved in an express pswer.
/ 1t Cannot be denied tiat the power proposed TO
be exercised is an importan, power.
AS charter or Incorporation the bill creates
an artificial person previously not existing in law
II csafers Important civil rights and attributes,
which could not otherwise be claimed. It is,
though not precisely similar, at least equivalent,
to the Naturalization ot AN alien, by which certain
nav civil characters are required ~ h;m Would
Congress nave had The power to naturalize, il it
had not been expressly given,
In the power TO make bye laws, the bill delega.
ted sort of legislative power, Which is unuues-
,ionabiy IN act or high and important nature.
He took notice If the only restraint on the bye
laws, that they were not to DC contrary TO the
law and the constitution OF che bank and asked
what law was intendcd; If the law of the Unit
ed States, the scantiness oftaeir code would gira
a power, never before given to a corporation
and Obnoxious To the states, whose laws would
then be superseded not only by the laws Of Con-
gress, but by the bye-laws of CORPORATION with
IN their own jurisdiction. IT the law intended,
was the law ofthe state, then the state might
make laws that would dssIroy III institution Of
the u. States.
! Inc oil gives power 70 purchase and hold
lands; Congress themselves could not purchase
| thncs within state without the consent of
| ITS Lcsislature." How could they delegate a
power to others which they did not possess them
selves ?
I II takes from our successors, VINO have e1,iai
rights with ourselves anI with the aid OF exper-
ence VIII Dc more capable al deciding on the sub.
Ject, anoppnriunity OF exercising that right for
| an inumoderatt term
| II taxes from our constituents the opportunity
LOT dch1eratiEg on the untricd measure, although
thetr hands also to be lied by it for tie same
term.
1t involves monopoly, which affects the equal
rights of every e. zen.
1t leads to peRh regulation, perhaps capital
lpunShments, oAe of the most solemn acts Of
sovereign authority.
From this view of the power of INCORPORATION
exercised an tAe Dill, it could never be deemed
an accessory or suhatorn power, to I've deduced
by implication, as means Vt executing; ;iro ner'
power 1t was IN its nature distinct an indie.
pendent ana substantive pIerOgative which nos
beng enumerated III the constitution could new
er have been meant 60 be Included in it, and
not being Included could never be righttullv ex
ercised
He here adverted 20 a distinction, which he
sand had not been sufficiently kept IN view be-
tween power necessary and proper for the COY
erniRcDt or union, and a power necessary amJ
proper tor executing the cAun Grated 20 wers In
the latter case, the powers included III each of
the enumerated poweis were not expressed but
to be drawn from the nature or each. In the for
mer, the powers composing the government
SrS 4
the peculiar nature OF the government, no power
therefore not enumerated, could be inferred from.
lhe general nature OF government. Had the DOW.
er OF making treaties, ior example, been Ous;it.,
however necessary 1t might have been, the defect
could oaiy have been lamented, or supplied by all
amendment OF the constitution.
But the proposed bauk could not even be cal.
. led necessary 10 the government at mast II
could be bat convenient ItS uses TO the govern.
ment could be supplied by keeping; the taxes q
little III advance-by loans from ildviCiuAls--by
the oIAer banks, over winch the government
would have equal Command nay greater 40 i;
may grant or refuse to these the privilege, N ade
= free >nd irrecoyerabe gilt to the lropose,.
SanE, ot using their notes IN the federal revenue
lie proceeded next TO the contemporary xDosi.
tons given to the constitution.
The defence against the charge founded ON The
want OF bill OF rights, presupposed he sad
that tie powers not given were retained and
tnat those gwen were aot to be extended by RS.
inote implications. On any other suppcsuiOD
TIE power of Congress to aoridge the freedom al
Inc press, OF the rights of Conscience &c could
not have been disproIed.
Inc eXplaEa lions IN the state conventions all
turned on tie same fundamental principle, and Oh
the principle that the terms necessary and proper
gave no additional powers TO those enumeri' ed
Here he read sundry Passages from the debates
OF the Pennsy lyania, Virginia and North Carol;
ma conventions showing The grounds on wh,sI,
the constitution had been indicated by its prci-
pal advocates, against dangerous latitude OF It's
powers, charged on IT by Its opponents I He
did not undertake to vouch for the accuracy or
authenticity of the publications which he quot. d
lie thought it probable that The sentiments de-
Iivered might III many Instances have been mis-.
taken, or irnperiectiy noted but the complexion
OF the whole, with what he himself and many o.
thecs must recoliect, fully justified the Us: he
had made Of them.
The explanatory declarations and amendments
accompanying the Publications of the several
stse5 formed a striking evidence, wearing the
same complexion. He referred those WHO might
doubt ON the subject, to The several acts of rati
cation.
The explanatory amendments proposed by con
Bress themselves, at least, would be good al
tiiSrhy with them all thesc rcnunciatio.s o.
power proceeded on = rule Of constructions OK
| GLIDING the latitude commended for These
explanations were TIC more 10 be respected, ..
lhey had not only been proposed by congress, bu
ratified by nearly threeiourtls of the states RI,
read several ofthe article proposed, icmark ina
particularly on tie ltI and l2lh, the former a,
RI guarded against y latitude If retJtiOm--the
latter, as excluding every source Cf power moi