The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1837-08-23

ihe fhrd clause 10 thar which gives the power to
pass all laws necessary and proper to execute the pe-
Whatever meaning this clause may have, none can,
De admitted that would give an unlimited discretion TO
Congress
It's meaning must according TO the natural and obva
Gus force Of the terms and the context be limited to
means necessary the end aud incident to the nature
OF the specified powers
The clause is, in fact, merely declsratory OF what
would have resulted by unavoidable implication, as the
appropriate as it were, technical means Of executing
those powers. In this il had been explained, by
the friends Of the constitution and ratified by the state
conventions
The essential Characteristic Of the government,
composed Of limited and enumerated powers, would be
destroyed IT, instead Of direct and incidental means any
could be used which, the language Of the pre-
ambe to the bil might be conceived to be conducive
TO the successful conducting Of the finances or might
be concerned to tend TO give facility TO the obtaining OF
loans He urged an attention the diuse and dncte
terms which had been found requisite TO cover the
stretch Of power contained in the bill He compared
them TO the terms necessary and proper, used In tho
constitution and asked whether possible 70 view
the two descriptions as synonymous, or the one a.
fair and safe commentary on the other
II, proceeded he, Congress, by virtue Of the power
TO borrow, create the Of Lending and IN pur-
suance Of these means, incorporate bank, they
may do any thing whatever creative Of like means
The East India Company has been leader 10 the
British Government. well as the Bank, and the South
Sea Company is greater creditor than either. Con-
gress may then incorporate similar companies in the u
States aud that too under the idea Of regulating
trade, but under that Of borrowing money.
Private capitals are the chief for loans to
the British Government. Whatever these may be con-
ceiyed favor the accumulation Of capital, may be done
by Congress. They may incorporate manufacturers
They may give monopoles in every branch Of domestic
industry.
money, create the ability to lend, they may by vir-
tue OF the power to levy money create the ability to
pay it. Tho ability TO pay taxes depends on the gen.
eral prosperity Of agriculture, manufactures, and com
merce. Congress may then give bountes, and make
regulations these objects.
The states have il is allowed on all hands concurrent
right lay and collect This power is secured TO
them not byts being expressly reserved but by It's not
being coded by the constitution The reasons Tor the
bill cannot be admitted because they would nvalidate
tina, right why may not be conceived by Congress,
that uniform and exclusive imposition oil taxes would
not less than the proposed bank be conducive to the
successful conducting Of tho national finances and tend
to give facility TO the obtaining OF public revenue Tor
the use of the Government
The doctrine Of implication is always tender ONE
The danger OF it has been felt in other Governments
The delicacy felt in the adoption OF our own tbs
danger may also be felt if do not keep close to our
chartered authorities. q
Mark the reasoning on which the validity Of the bill
depends. To borrow money is made the end and the
accumulation Of capital implied as the means. The
accumulation Of capital is, then, the end, and bank
implied as the means The bank is then the end, and
charter Of incorporation, monopoly, capital punish
ments, &c. implied as the means
II implications, thus remote, and thus multiplied, can
be linked together, chain may be formed, that will
reach every object of legislation every object within the
whole compass OF political economy
The latitude Of Interpretation required by the bill 10
condemned by the rule furnished by the constitution
itself. >.
Congress have power to regulate the value Of mo-
ney" vet it is expressly added not left TO be implied,
that counterfeilers may be punished They have the
power "to declare war; to which armies are more In
ciden than incorporated banks TO borrowing. yet it is
expressly added the power to raise and support ar
mics :" and to this again. the express power to make
rules and regulations for the government OF arnes-a
like remark is applicable to the powers as to ansvy
The regulation and calling out Of the militia are more
appurenant to war; than the proposed bank TO borrow
ing vet the former is not left 10 construction.
The very power to borrow money Is less remote
implication from the power OF war; than an 'ncorpo-
rated monopoly bank from the power OF borrowing-yet
the power to borrow is not left to implication.
II is not pretended that every insertion or omission
in the constitution the effect Of systematic attention
This the character OF any human work. pariicu-
larry the work Of a body Of men. The example cited,
with Others that might be added, sufficiently ncucate,
nevertheless rule Of Interpretation very different from
that on which the bill rests They condemn the exercise
of any power, particularly great and important power
which is evidently and necessarily involved IN an
express power .. III.
II cannot be denied tina, the power proposed to DO
exercised, is important power.
AS charter OF mcorporation-the bull creates an art
fetal person. previously not existing IN law 1t coners
important civil rights and attributes, which could not
otherwise be claimed. II IS, although not precisely
simar equivalent TO the naturalization oil an alien, by
which certain new civil characters acquired by him.
Would Congress have had the power to naturaze, If 1t
had not been expressly given
In the power to make bylaws, the bill delegated .
sort OF legislative power, which is unqueshonany an
act of high and important nature tie took notice Of
the only restraint the bylaws, that they were not TO
be contrary the law and constitution Of the bank and
asked what law was intended II tie law OF the U.
States the scanness Of their code would give power
never before given to corporation, and obnoxious TO
the states whose laws would then be superseded, not
only by the laws of Congress. but by the bylaws OF
corporation within their jurisdiction IT the law
intended was the law Of the state, then the state might
make laws that would destroy institution OF the Uni.
ted States.
The bill gives power to purchase and hold lands
Congress could not purchase lands within state,
"wthout the Of its Legislature" How could
they delegate power to others which they dd not pos
sess themselves
1t takes from our successors who have equal rights
with ourselves, and opportunity Of exercising that
right for an mmoderate term
1t takes from constituents the opportunity OF &C.
berating on the untried measure, although their hands
are also to be tied by it, for the same term
II involves monopoly which effects the equal rights
Of every citizen
II leads to penal regulation perhaps capital punish
ment--onc Of the most solemn acts Of sovereign au
thority.
From this view OF the power Of incorporation exer-
cised in the BILL could be deemed accessory
or subaern power, be deduced by implication, as
means OF executing another power II was IN It's nature
distinct, and independent and substantive preroga-
tive which, not beng enumerated in the constitution,
could never have been be included in It, and
not being included could be rghtfuly exercised
He had ad9ortedSto distinction, which he said had
not been sufficiently kept in view, between power ne-
Linton. and n