Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1811-05-27

&c. The question is United to b,
J fair one and if a clear distinction
cannon be made in the two cases, j,
VIII BE admitted either that Congress.
may constitutionally establish bank,
Tor, thar - has heretofore. trausceu d ed
It's powers, In erecting custom h. yes,
&c. A clear aud most obvious dis
tinction appears to me to exist in the
srs suggested bv the gentlemen to
be analogous, arising from the striking
o'ference In the nature and essential
character of these powers. A custom
mouse IS IN its nature Incidental and
subservieut to the collec ion of duties.
1t is one of tee common, necessary
and proper means to effect that end.
1t IS believed that in no CONNER.
cial country In the world are duties
collected without them. Besides the
erection OF custom houses do S not in
volve In it the exercise of any other
higher or consequential powers. The
same remarks will apply to light h ous-
cs, as amongst tn common, necessary
and proper means for the regulation
OF commerce, &c. &c.
Is the incorporation Of bank or
this character 1t is not amongst the
common, necessary and proper means
OF eHecting either of the foregoing e.
Enumerated powers, nor Of any other e.
enumerated in the constitution still
less is it incidental or subsrrvient %
any OF the enumerated powers. It
wants that connections utilization and
|suoserviency TO some enumerated pow
er, which are clearly poin ed OFT il,
relation to the two powers, to which
IT has been said to be analogous. Be.
sides, does granting a Charter Of IN.
corporation to bank involve no other
higher Or consequential power, than
merely erecting needful building TOR
collecting duties, &c. sc. 1t GER
tainly does. II Involves the power to
grant charters of incorpora ion gener-
ally aud in this respect principally,
its character is essentially diie, ent
from both of the powers ciled by the
Ssende9an Fhe power L, gran cha
ters OF incorporation is not an inciden.
tai, subordinate, subseryient power {;
lit is distinct, original, su5s an,ive
power 1t is also susceptible of the
clearest definition an not being a.
mongst the enumerated powers, it
seems to me, that Congress can have
no fair claim to is exvrci e in any
case. IF Congr SIS had been express.
" authorised to grant charters of in.
corporation 6 morally, then granting a
charter OF lncorp ration 10 a b nix would
have been an instance or amongst the
means, of carrying into eff ct that
enumerated power and would h I'VE
been as much connected and affiliated
with 1t, as is the erection of custom
houses with the collection Of duties !;
but the power to grant charters of in.
corporation generally not being ex-
pressIy given in the constitution, no
particular instance involving the exer.
Csc OF that power can be inferred by
a fair and candid Interpretation of the
Instrument. do nor mean to exag.
gerate the consequences which might
result from an assumption Of the power
o grant charters of incorporation, &c.
&c. 1t is sufficient for me to say, that
it IS a power of primary importance;
that it involves as many incidental
powers IN It's exercise as any one of
the enumerated powers that it is e.
lquai, it not paramount to any and
therefore, in my Judgment, cannot be
assumed by fair construction as incl
dental, and subservlent to any; and
OF course not as amongst the necessa.
ry and proper means for carrying any
into effect. In fact in its nature it does
not in the smallest degree partake of
the derivative, incidental character.
1t is or ginal, substantive, distinct
In itself, and susceptible of the plain
est definition. Hence whilst / am
willing to admit, that power, which
is in its nature incidental and subser.
Went to any enumerated power, and
also amongst the necessary and proper
means for carrying it into effect, may
be exercised by Congress without the
express words of the constitution I
should be very unwilling to admit,
that Congress should also exercise a
power neither incidental or subservIent
to any OF the enumerated powers, nor
amongst the necessary and proper
means for carrying any into effect !;
still less should be inclined to this
admission, when the power thus pro-
innae1 RI hs IsrtvAH ,...I.u,,Ti., -.