Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1811-05-27
CONGRESS.
IN SENATE.
g,arK OF THE UNITED S7.lTEs.
Mr.. GILES Speech in continuation

Is the incorporation OF BANK OF ms Chd'
racter? II is not amongst the common, ne
cessary and proper means of effectlnS either
Of the foregoing enumerated powers, nor oil
any other enumerated il the constitution -
still less is II Incidental Or subservient 10 any
Of the enumerated powers It wants that CON
nection. utilization and subscrviency to some
enumerated power, which are clearly pointed
out IN relation to the two powers to WAlch II
has been said to be analogous. Besides, does
granting a charter OF incorporation to a oahk
involve no other higher or consequential pow
err, than merely erecting nesdlul Duilc!ng
for collecting duties, &c. &c. 1t certainly
does. 1t involves the power to grant charters
Of incorporation generally and III this respect
principally, IT'S character IS essentially ditef-
ent from both of the powers cited by the
gentleman. The powers to grant charters OF
incorporation is not an incidental, subordinate
subservicnt power; it IS distinct, Original,
substantive power. 1t is also susceptible OF
the cIearest definition and not being amongst
the enumerated powers, it seems to ne, that
CONGRESS CAN have no fair claim to Its eXer-
else in anv case. If Congress had been ex-
pressly authorised to grant charters OF moor.
poration generally, then granting charter OF
to bank would have been an
instance, or amongst the means, OF carrying
into effect that enumerated power; x would
have baen as much connected and affiliated
with it, as is the erection of custom houses
with the collection of duties but the power
70 grant charters of incorporation generally
not being expressly given in the constitution,
no particular instance involving the exercise
of that power can be inferred by tar & cam
did Interpretation of the instrument. l do not
mean TO exaggeratc the consequences which
might result from an assumption OF the pow
er to grant charters of incorporation, sc. sc.
1t is sufficient for me to say, that II IS pow
er of primary importance; that It involves as
many incidental powers in is exercise as any
one of the enumerated powers; that 1t is e
quail, if not paramount TO any; anc therefore,
in nv Judgment cannot be assumed by taX'
as Incidental, and subserylent TO
any ; and of course not as amongst the -eces-
sary and proper means for carrying any into
effect. In f.ct in its nature il does not IN the
smallest degree partake OF the derivative, in
cidenssl character. 1t is original, su5stan-
tive, distinct in itself, and susceptible OF the
plaincst definition. Hence, whilst | am will
Ing 10 admit, that a power, which is In hts
nature Incidental and sueserYlent TO any emu
nersted power, and also amongst the neoes-
sary and proper means for carrying It into et-
feet, nav be exercised by Congress without
the express words of the constitution l
should be verv unwilling TO admit, that Con-
press should also exercise power neither III
cidental or subseryient 20 any OF the enuHe-
rated powers, nor amongst the necessary and
proper means for carrying any into effect =
still less should be inclined 10 this admis-
sion, when the power thus proposed to DC de-
lived, incidentally or construcuvcly, involves
in it the exercise of almost unlimited powers
To illustrate nv idea sull further in this re-
spect, would observe, that the power TO re-
gulate descents, and to regulate the dlstrlbu-
ton Of intestates, conceive to be original,
distinct, substantive powers * being amongst
the powers. which could in all respects be IL
ni,ed by the geographical boundaries OF the
Individual states, and were therefore amongst
the powers reserved to the management OF the
states, might as easily be assumed by Con-
eress as Incidental 20 some one OF the enumer-
atcd powers, as the assumption OF the power 70
grant charters Of incorporation, which con-
ceive was, for the same reason, LETT to tire
management OF the states. | believe no gen
tleman will contend that Congress can, under
anv candid construction, go SO far in relation
10 those powers nor DO see how il can in
relation 10 the power o: granting charters Of
incorporation.
have no. overlooked the observation, sir,
made o. gentlemen to destroy the effect OF
this course Of reasoning---to wit, that The pas-
sing every law is an act OF sovereignty: that
10 pass law 20 erect light house, Is as much
an &C, Of sovereignty, as TO pass law to lay
and colIec, TAX, &c. Or to grant a charter to
a bank. &c In fac, that there are no degrees
Of sovereignty. Without entering into this
reasoning it will be sufficient to shew its in
applicability 20 nv argument, TO observe, that
have not grounded my distinctions upon any
suggested difference II the degrees Of sove-
rrignty; bu. upon the clear and obvious diff
ference in the na,ure * character OF the pow
ers upon which this sovereignty, sc. Is IN
tended 70 operate.
TIE gentleman from Georgia. Mr.. Craw-
ford observed that the clause IN the consti-
tuition, last reed, " Congress shall have pow