Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-03-23

anu no uncomfortable portion Of the in
"uSify OF The nation, are entrusted 10 its
government. Ii can never be pretended
mat these vast powers draw after them
others OF inferior Importance, merely
because they are inferior. Such an idea
can never be advanced Blu, il NAV with
gear reason he coHiPnsed, that, "A govern.
ment entrusted with such ample powers.
on The due execution of which the ham
plness and prosperity of the nation so
vliaily depend, must also be entrusted
with ample means for their execution.
The power beiHg given. il is the interest
OF the nation 10 facilitate lis execution.
IL can never be their interest and cannon
bepresumed TO have been their intention
10 clog, and embarrass its execution by
withholding The most appropriate means
throughout This vast republic, from the
81. Croix TO the Gnlph Of Mexico. from
me Atlantic 10 The Pacific, revenue is TO
be collected and expended, armies are 10
'e marched and supported. The exiern-
c'eS OF The nailon may require that the
treasure raised in the north sbouId he
transported 10 the south, that raised ia
The east conveyed TO the west. ar that
ibis order should be reversed. Is Thai
construction of the constitution to Le
preferred wliicliwould render tl,rse oncra-
ilons difficult, hazardous, and expensive2
Can we adopt that construction. unless
the words imperomsly require il, which
would 'mpute TO the irairers OF that in.
sirumenf, when granting these powers
ior the pubic good, the intention of i'm
peoiHg Their exercise by Withholding n
choice OF means? If indeed, such he
me mandate OF The constitution. we have
only 10 obey bui that instrument does
hoi profess 10 enumerate The means by
WHICH The powers IL coufers NAV he exc
cnted, nor does il prohibit the creation
Ola corporation, ifihe existence of such
being be essential 10 the beneficial OK
erclse OF those powers. Ii is, then. the
SUBJECT of fair enquiry, how far such
means may be employed.
III Is not denied, that the powers given
10 The government imply the ordinary
means ofaexecuiioE. That for example.
OF raising revenue and applying il to ma
lional purposes, is admitted TO imply the
power oi conveying money from place to
place, as the exigencies of the nation
may require, and of employing the usual
means OF conveyance. But il is denied
mar Tie government has lis choice OF
means, or that 1t may employ the most
convenient means, If, TO employ them,
De necessary TO erect "a corporation.
On what foundation does this arqu-
meni res'e On this alone: The power of
creating corporation is one appertain.
ing TO sovereignty, &is not expressly con-
TERED ON Congress. This is true. But all Ie-
gislaiive Powers appertain to sovereignty.
he original power Of giving the law on
amy subJect whatever, is sovereign pow
er; ana I: the government Of the Union
Is restrained from creating a corporation
as a means tor performing lis functions.
on lie single reason, that The creation OF
corporation Is AN act of sovereignty
II me suihGlency of this reason be ac-
knowledged. there would be som diff
curly In sustaining The authority of Cor
gIekS 10 pass Other laws for the accom-
pishnent OF The same objects.
lie government which has right 10
DO an act, and has imposed on il the duty
OF performing that act, must according
to the dictates of reason. be allowed 10
select the means; and those who CON
tend that II may not select any appropriate
means, that one particular mode ofelfert-
ing The object is excepted, take uuou
themselves The burden of ESTABLISHING
that exception
The creation of corporation. il is
sald, appertains TO sovereignty. This is
admitted. But TO what portion of sove.
Ireigniy does il apperlain? Does il be-
long 10 one more than TO another2 In
America, the powers of sovereignty are
divided between the government Of The
Union and those Of the states. They
are each sovereign, with respect TO the
Objects committed TO it. and neither So
vereign with respect In the objects com
milied to the other. We cannot compre
hend that train of reasoning which would
maintain that tue extent OF power grant.
Ell by The people is to be ascertained,
not by the nature and terms of the grant
but by its date. Some state constitu
tlons were formed before, some since
that Of The United States. We cannot
believe tina their relation to each other
is IN any degree dependent upon this
circumstance. Their respective powers
must, w. think, be precisely the
same as if they bad been formed at The
same time. Had they been formed al
The same time, and bad tie people con-
Tered on toe general government the
pow ers contained III the constitution.
and on the STATES The whole residuym al
power, would II have been asserted that
the government Of The Union WAS moi
sovereign with respect so those objects
which were entrusted 10 n, in relation to
which IFS laws were declared 10 be su-
premeI II this could not have been asser-
ted, We cannot well comprehend thu pro-
cess Of reasoning which maintains. that
power apperianlug TO sovereignty can
not be connected with that vast portion
OF 1t which, is granted to the general eo-
vernmeDt, so FAR as il is calculated TO
subserye the legitimate objects Of that
government. The power of creating
corporation, though apperiainiug 10 So
vcreigDiy, is not, like the power of max