Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-07-05

ceeds to show that this principle, il recog-
nized, would prove many OF those acts
the constitutions it Of which, are univer-
sally acknowledged. such as the act pre-
scribine the oaths of Office, &c. to be usur-
pations. The argument is, aVo"edty,
urged to disprove proposition supported
by counsel in the cause, as all essential IN
the construction of the constitution, but
which Hampden expressly abandons as
unsus,ainable.
He is equally incorrect when he says,
"The supreme court is farther Of opinion,
that the power OF Incorporating banks is
justified by the admitted right OF congress-
to establish governments for the vacant ter
ritores of the United States"
The court had shown by long, and,
think. an accurate course OF reasoning,
that, eff the end be within the scope OF
the constitution, all means which are ap'
propriate, which are plainly adapted to
that end, which are not prohibited, bu'
consist with the letter and the spirit OF the
constitution, are constitutional.
But it had been urged that bank, should
il even be measure of this description, is
placed beyond the reach OF congress, be-
cause the legislature OF the union has nc
power to erect corporation.
The court proceeds to consider this ar
gument and, in order to show its isllacy,
proves incontestably, that the acl OF Iheor-
poralion is the mere annexation OF quail
ty 10 measure, to The doing which, il
the measure itself be proper. the cons,llu-
ton creates no objection. In illustration
of this argument, reference is made to the
territorial governments which are corpora
tons. This reference is not made tor the
purpose OF showing that bank IS as abso-
luteIy necessary TO the union, as govern
ment 10 territory +; bat of showing that Il
an instrument be proper in itself, the cir
cumstance that an ACT OF incorporation is
essential to its efficacy, creates no cons!i-
tutional objection TO it.
After long and perspcuous review. 81
the arguments which had been urged
against the act of congress which was I'M
der consideration, the court proceeds to
the act itself, and places its consiitullonali-
~ simply on the ground, that bank is "a
convenient, useful, and an essential in
strument IN the prosecution of the fiscal
operations OF the government. t." That
ali those who have been concerned IN the
administration of the finances, have con-
Cured in representing its importance and
necessity"
The court may be mistaken IN the PRO
priely and necessity" of this instrument.
do not think so bu, others may honestly
entertain this opinion. Be ibis as it may,
the grand objection to The opinion, the rea-
son assigned lor all the malignant calum-
mics which have been heaped upon the ju-
dicial department, is, not tat the court
has decided enormously, but that its deci-
SION is placed on principles which PROSTATE
all the barriers to the unlimited power OF
the general government. That it has
made deciaratory decision that congress
has power to bind US 10 all cases whalso-
ever"
We had before seen how totally untrue
this allegation is, so far as it relies Tor sup
port on the general reasoning OF the court
and we now see how untrue it is, so tar as
it relies on the particular reason expressly
given for The decision. That particular
reason is, that bank " is convenient. a
useful. an essential instrument in the pro-
secution of the fiscal operations Of the go
the importance and necessity oil
which, is SO strong that the best Judges Oh
that ;mportance and NJ .essi;y have concur
red in representing and the most 'n'eiiI-
gent original enemies OF the measure have
admitted it. o.
Hampden himself seems half inclined to
make This admission. He says, " there Is
NO doubt but many OF those who voted ZOE
the bank, did it under what was supposed
the peculiar pressure the times. 1t was
mt adopted in relation 10 ordinary times,
nor on the ground of its being consa'u-
tional measure. 80.
If"tbe pressure OF the times" when this
biIl..passed, rendered Unnecessary l am al
a loss to conceive how it can be repugnant
TO that constitution which was made Tor all
times. The peculiar circumstances OF the
L.,