The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-06-21

eect revenue. 10 derived from the power of
tevying q tax, from which also may be de-
rived the power OF establishing bank, il il
be the best mode Of collecting the revenue.
Ills said, you may collect this tax by means
Of the state banks Very well. sir say
Tou may collect the revenue by means OF
state officers and upon the principle that
you Cannot eseablich d bank to collect the re
venue, because the state banks can collect
IT, say that the state officers can collect
our taxes: and il your argument is Just,
you cannot appoint any other officers The
constitution authorizes the President to APP
cont personsto fill all Offices established by
law, but says not q word about appointing
officers 20 collect the tAx you levy specif
'caliy. Upon the construction gentlemen
contend tor. they might say, because no
power Is expressly given to appoint officers
OF the customs, or for your taxes, and it is
possible to collect the revenue by the agen.
cy OF the state governments. and nothing
ehould be done by the United States autho-
rites which can be done by the states, there.
fore these collectors OF the customs or re-
venue should be such as are appointed by
che states. for state purposes. This kind
OF reasoning, sir, Cannot be admissible, and
rs in hostility with most manifest princi
pie OF the constitution, as it is evidently a
prominent feature of that instrument, that
che general government should have with
an itself all those powers necessary and con
~enicnt for the execution Of its enumerat-
ed trusts. entirely free and independent of
the interference and agency of the states,
their officers or ministers
IL has been triumphantly demanded, by
some, whether WE could create trading
company. have not a doubt on the SUBJ.
Iect. II it can be demonstrated to me- that
Nor het no, 4, ~.
poration OF a mercantile company, that it is
indispensably necessary to do it to regulate
trade TO advantage under such circumstan-
ces. have no doubt we can create COM
pany tor the creation of company is no
more the exercise OF a separate indepen-
dent authority than any law which we make,
when ieyislating under our enumerated pow
ers. II it be enQuired whether or no we
cnnid incorporate company to cut canals
Through the streets. ] answer, that there is
ahthe constitution clause authorising Con-
gress to regulate trade between the states.
and under this clause we could do il WITH
fhe consent Of the stofes. We could no,
do it without; and ! derive this cons,ruc-
zion from the constitution itself. 1t is fair
mode of construction laid down by profess
sional men, that where there is intricacy
or difficulty In construction of any legal in
strument, you must take the context toge-
ther; one part of the instrument must be
used to elucidate another the differen:
parts must be compared, and the true con-
strucslon thereby CHAINED. IL the 9th sec
ton OF the FIRST artic e. a power is given to
Congress, ito exercise exclusive legislation.
SSc. over all places purchased, by the consent
OF the legislature Of The state in which
che same shall be, for the erection of forts,
Fiag zines. arsenals, dock-yards and other
needfui buildings" discover here, that
che constitution in order to preserve ne so
yereignty of the state governments, has been
exceedingly vigilant in guarding their terri
eorisl rights. Therefore, where a pow er is
given to the general government, interfer-
tag with the territorial rights of the states,
fhere is clause in the constitution saving
territorial rights. and requiring the consent
OF the states to its'exercise. II, therefore,
government, in the exercise of its enume-
rated powers. is restrained from acting,
where their acts affect state territory, un-
less with the consent of the states. infer,
that we have not a right to incorporate
canal companies without the consent of the
states through which he canal is to go--
with this limitation I have little hesitation
taysaying. that we have right to incorpo.
rate canal companies.
(lNr. Brent's Speech TO be Continued