The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-05-31
Go,lgrees.
IN SENATE.
BANK OF THE UNITED STATES.
(I1r. Gites's Speech continued. }


Is the incorporation OF bank of this cha
racter! Il rs not amongst the common,
necessary and proper means of rffacting ri :
Their OF the foregoing enumerated powers,
nor OF any other enumerated in the consri-
| tuition; still less isl, incidental OF subser
Went to any ot the enumerated powers
1t wants that connection, affiliation & sub
seryiency to some enumerated pow err,
which are Clearly pointed out u relation to
Itae two powers, TO which it has been said
| to be analogous. Besides, does granting a
lcharier OF incorporation to a bank involve
no other higher or consequential power
than merely erecting needful building for
collecting duties, Ssc. Slc.s Itcertainly does.
IL involves the. power TO grant charters of
incorporation generally; and in this respect
principally. its character ~ essentially diff
lerent from both. of the powers cited by the
gentleman. The power 20 grant charters
OF incorporation is not an incidental, sub
ordinate. subservient power; it is q dis
tiuct, Original, substantive power. 1t is al
so susceptible of the clearest defnltion: &
not being amongst the enumerated powers
Il seems 20 me, that Congress can have no
II Claim to it's exercise IL any case. If
Congress had been expressly authorised TO
graft ch ar,ers OF incorporation generally
then granting = charter of Incorporation TO
bank would have been an instance, or "a
mongst the means, of carrying into effect
that enumerated power; and would have
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 incorporation generally
moi being expressly given in the constitute
on, no particular instance involving the ex
ercise OF that power can be inferred by
tair and candid Interpretation Ut the instru
! ment. do not mean to eXaggerate the
consequences which might result from an
assumption of the power to grant charters
of incorPora ion, &c, &c, II is sufficient ior
me to say, that it is power of primary i'm
porlancei that it involves as many incidental
powers In its exerciseas aGy one of the cnu-
| merated powers; tha, is is equal, it not para
mount TO any: and therefore, in my iudg-
ment, cannol be assumed by fair uons,ruc
ton as incidental, & subservient TO any; and
OF course not as amongst the necessary and
proper me ans Tor carrying any into effect
La fact in its nature it does not in the small =.
est degree paitake OF the dcrivative, Incl
dental character.
1t is original, substantive distinct in il
self, and susceptible OF the plainest defni-
ton. Hence whilst / am willing to admit;
| that power, which is in its nature Incl.
dental and subservient 10 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. should
be very willing to admit that Congress should
also exercise power neither incidental or
suOsetvIent TO any OF the enumerated pow
ers, nor amongst the necessary and proper
means for carrying any into effect; still
less should be inclined to this admission.
when The power thus proposed to be deri
we'd. incidentally or Constructively, involves
in IL the exercise Of almost unlimited DOW
ers To Illustrate my idea still further in
this respect, / would observe, that the
power to regulate descents, and to regulate
the distribution of intestaies, 1 conceive to
be original, distinct, subs antiye powers
and, being amongst the powers. which could
in all respects be limited by the geography.
Cal boundaries of the individual states, and
were therefore amongst the powers reser-
we'd to the management ofthe states, might
as easily be assumed by Congress as inci-
dental to some one of the enumerated pow
ers, -asthe assumption OF the power to grant
charters of incorporation, which / conceive
was, for the same reason, left to the ma
nagement OF the states. / believe no gen
tleman will contend that Congress can
under any candid Construction go so tar
in relatiOn to those powers nor do
see how it can in relation to- the
power of granting charters of incorpora-
ton.
have not overlooked the observation
sir, made by gentlemen TO destroy the effect
! OF this course of reasoniDg--to wiz: That
the passing every law is an act of sove-
reignty That to pass law to erect lighs
house, is as much an act OF sovereignty as
to pass law to lay and collect tax, &c
or to grant chartert to bank, &c. In fact
there are no degrees of sovereignty -
| Without entering into this reasoning il will
be sufticieRt to shew its inapplicabilitS to my
argument, to observe. that Ihave not group
ded my distinctions upon any suggested diff
ference in the degrees Of sovereignty but
upon the clear aud obvious difference IN the
nature and character of the powers upon
which this sovereignty, &c, is intended to o.
perate, &c.
The gentleman from Georgia. MIR.
CrawfOrd) observed that the clause in the
constitution, last read Congress shall have
power to pass all laws which shall be me-
cessary and proper, &c." had been consi-
dered by some as entirely imperative but
that he thought it clause of great impor-
lance, &c. In this opinion entirely con
cur with the gentleman / consider il the
most important clause in the constitution.
1t is, ia my judgment, the true KEY for I'M
locking the meaning Of all the other clap-
ses. The former confederation did not nos.
sess the means necessary and propep r.,
carrying into execution its own powers.--