Alabama state intelligencer., 1831-01-08


 Mir. Blackstone, differs in nothing from a grant A contract executed, as well as one that is cxecutory, contains obligations bmd- ing On tho parties. A gram, in its own na- ture, amounts to an ertingAishment of the right of the grantor, and implies contract not to re-asefrt that right. A party is always estohhed 6y his ozcn gfanf." This language, (cantinues the court, is perfectly unambigu- ous, and was used in reference to grant ot land by the Governor of a State, under le- gislative act It determines, in the most un- e1uirocai manner, that the grant of State is a contract within the clause cf the consti- tution now in question, and that it i'nfHes q contract not to ,e-assune the rig hts granted. 4 fortiorari, the doctrine applies to char ter, CT grant from the King" And we hum- bly, presume to add, with all it's growing p1wers, frlm CONGRESS.
 The question is now placed in shape where very many important reflections cannot possi- bly escape the inquisitive mind. If, as the Report contends, .'the agency ot corpora ticn may be employed to carry into effect cny one cfthe powers expressly conferred up- on Congress" then it follows, that all those powers may be made the subject of contract, may be tranferred to an ".ndividual," con- hied with privilege cn his part, that must incontrcvertibly divest' the government of these powers for and during the life of the corporation, be 1t long CT short: nay, more,. it amounts to an t'extiDguishment of the right" of the ''grantor," and implies con- tract ssnct to re-assert that right" nor to use it themselves, CT confer it upon others, thro'- out the legal existence ofthat cerporation.- Suppose a state of things should occur, rem dering the exercise of these powers on the part of the corporation highly improper, per haps dangerous to the public liberties, they, in the mean time, complying strictly with their charter, CT suppose, which is by no means improbable, better, safer, and more expeditions method of executing then pre- sented itself to the government, what control would it have over them Not the least, if any reliance can be placed upon the decision of the highest tribunal, because it has jnris- dction over sovereigns, that is, at this day. upon the face ofthe globe. Can any candid man believe the convention ever intended to place the powers ofthe government in such situation Does not every one suppose that the "express powers'' of the government must always rest within the government, sub ject to its control and direction, as circum- stances may require, for the good of that com munity they were intended to govern? Can they do this if Congress have the power to part with them, even for an hour, and if for that time, they can foreverl Are not the powers parted with when vested in tyfpafe cor1borotion Under the authority produced, can they be "rc-dssunied' '--can sspowers cou- pied with an interest" !" made the subject of a fair ccontract, by virtue thereof, becoming "legai estate vcSted in the corporation," be controlled or restrained afterwards by the grantor until the time has expired fer which they were granteds Even according to the civil law, 7enio hotest niutdre consiiium 8uun1 i7f ai- terius injnridm, the law given cannot alter his mind to the prejudice of vested right. Isit not readily perceived, that for the time the power is in the corporation it is our of the go- vernnent, and what would be the conse- quence fall its powers, (for if one can, aU can,) were coupled with some private immu- nity CT interest, and bartered away to corpo- raticns There is no difference in the powers conferred cn the government, if one is sub ject to trafc, all are, and every function of the constitution may be farmed out, even the heads of department, the collectors, nav. | every office may be linked to charter. and under the broad, and indeed, bcundless dis | rrefion of Congress, ojudge what is necessa- | " and froftr, the whole fabric of the Fe- deral Government may be quietly lodged in | the kind and tender arms of corporations, to | be nursed as they, in their loving and paren- tai fondness, may think proper, and Gen. gross may retire to rest and doze away the holiday season ter which its powers may have been tef. Such principles are odous, nav. shocking It is no argument to say this will not be dcne; the power remains, there has been, atieast, enc fatal case; and that is suf- fc'ent, net only for cur argument, but for all the purposes tf an awful warning.
 But to put this question in point of view that even the most fettered intellect, whether in sense or sefshness, can lay hold of, we beg leave to put case entirely illustrative of the principles that must grow out ofthe doctrine above submitted. Suppose the great Bank CT, Rcthchild of Europe, Foreigner, should ccme to America, and boldly approach the Congress of the U. States, (and that he might safely dc, ficm any dread of alarming tfe over scrupulous sense of hcnesty,) and, in a language something like this, should say, if you will incorporate and vest in me the first, scccnd. third and fifth expressed hozvers of the eighth section of the first article of your constitution. for one hundred years, (and if they can fer twenty, they can for that, nav, fcrever,) andiet me establish Banks where ever please in the twenty-four Sovereign States ct the Unicn, and thereby break up their banks, and the facilities which they af- ford to their people, either in commerce or revenue; Cir they too have ccmmerce) raise up cities here, and put cities there, just as l may, with my immense capital, choose to fa- vcr particular States and their rival com merce: (for money is t!,e life and soul of com mercc) acquire as much property as please but real and personal, though it amount to the lands ct a whole State; execute real pro- pcrty, and imprison citizens for debt, even in those States, where such remedy is denied to their owr people, Gas in the case of Kentuc- ky,) will furnish depcstes for your revenue. and transmit all your money from enc end of the Unen to the ether, free of expense: I