Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1838-09-06
J. II. JOYCE.
Chairman cfthe Committee.
From Tic AIobih. E.rnmiurr

'''> ~ - w upon lie mower
"i Congress to charter bank. lrSonr rea.
The SclCci,nn sSs;.L,
Mr.. Giics-U79D"If Congress i, this
instance. exercises the power of Fer.ciin..
corporations it is no whore limited, nniI The,
uay II the, think fit extend il To every
object; and in consequence thereof. :nauouo
lies OF the East and West India trade be
established; and this would place us in the
precise situation of Il nation witbout . free
CONSTITUTIONS"
Mr.. Madison-Q79l.) lie EXPRESSLY
denied the power oi Congress to esiabIi, III
banks. And this, he said, was no, a novel
opinion: he had long entertained II. An
power he said, had its limits. those of The
Gcnrral Government were coded from the
mass o: general power inherent in the ueo
pie. ana were consequently confined within
the houlilS fixed by their act of ccss;op
me constitution wa> this act, and TO war
RAM Congress III exercising the power. the
grant ot II should b" pointed ou, in tbo, in
>iruni"nt. This. he said, had no, bcru
done: me presumed il could n0l h. done.
I'll" ddvrrtrd to irc clauses of th,. Cnn
siitntion which had been atl,Iured IA con.
v'yIng 'hIs power Of incorporation. He
sad nc. could no, find it in that of Iavino
taxes. lie presumed it was impossible 10
deducc 1t from the power given 10 Congress-
I" provide lnr The general welfare. If i; is
admitted thar the right ,xisS here. cvcrv
guard SET 10 The powers OF the Cons,i,u;oy
Is hr"kru down. and the limitations becon,.
nugntory."
Mr.. J"tltrs"n-U7Gl.) III consider I, ;s
l;id on this ground, 'ihat all powers mn,
delegated To the United States by The Con-.
s''in'l"n; nor prohibited 10y it to the States.
are reserved Io the States or 10 The pcople. :"
TO take single step beyond the boun,Iur;es
thus special! u.awn around the power, ol
C""Gr. IS Is to take possession of n hound
less Held at pnwcr no louocr susceptiblo os
auv definition.
~ was intended to lace them up strictly
within The enumerated powers, and .,hn:e
"i'nnut winch, rs means. these powers.
cohid not he carried into effect, Ii isknow,,
mat Inc very power now proposed as y
means; was rejected as an end by The Cnn.
vention which framed the Constitution.
proposition was made to them to aiitl,orisc
Congress to open canals; and IN ainen,l,tn
y Que IN empower them to nco;norofr.
bnt the whole was rejected. and one f,f the
r.'a"''t'e "E eeieeiiGu. urged in 5.s.e1r@as,,
that they then would have power 10 ncor
p0ratc bnnk." "a:
On looking over rhr greetings of the
we find thar on The 18Th or
august l'oI - some additional powers
"r:" proposed to he vested in CONGRESS
.''ionS winch WAS, ITO grant charters of in
c"rf"fati'Ii IN eases Whcr" the puhli, good
''uy require them. and The auI Lori,y of ;,
>'nsl" STATE may be incnmpctvnt." This
" IN "ih,rs vas referred to n coumiIre.
jind II" further mention is made oiu in ,hc
I"urniI. Nj, Jefferson, however, derived
MS Information ir"n' those who were prc-
sent at the Cnnvcntinn-nnd gives The fol.
10 I'D" hhccd"'e IN Ills notes. in support of
his assertion. "N 'icn lie bank bill was
under discussion in III" House Of Rrprc
>ch'aiIve>. judy" " iisnn came iii and was
standing by baldwin. baldwin reminded
hih' ni 'hr io!i"" III" iac' which pa. scd il,
the Convention. Among the enumerated
i""c'S EiNeh !" congress. WAS one 10 crcct
corporations. Ii was on debate, siruci,
cut h"''rrl Morris shcn proposed to give
nSrcSH Il power TO establish n National
bank G""vrr""r Morris "pposc,I it. OBJ
1T, ''nS '!i"' II WIS extremely doubtful
the Constitution they were fra
ming c"."i ever b" passed AT alI b> the rro
PIC "i A"'rrica:i !" give il lis best ciIanrr.
however, ihry should make it us paiarca
"!e lis possible, and puI noIhing in il not
very essrntiai' winch might raise up enc
ni'"s. Thai IN Pennsylvania, bank was
the very watch word of party, and lha, 10
assert 'h's power would enlist against the
iio'c instrument The entire anli-knnk party
Of that State. The motion was re;.c,nJ
" llson agreed 10 The fact"
MIR Troup-(ISiD "Gcntlcmen had
sai'' mat me power to incorporate a bank
= aS derive" rom lie power TO lay an, col
,'c' revenues; ana that The powcr ought to
DC cNeFci>e"' because the banks give a IA
ci'"y 10 inc collection of the revenue. If
'ne power "c ccNeici>cd II must be "neccssn-
ry ana proper II ii hc necessary TO tie
cohcc''"h oi me revenue, the revenue can
ho' ne c"iec'rd without il. GcniIcmcn
"''Sn' say til;it bank was useful; thai il
"o"'" give iacili'y to the collection of IN.
re. ch"e, nut iacIliiy and necessity are
Wh"i'Y "ni'rcn'; ana the Constitution saws.
that power 10 be incidental, must he .,o
cc>SarI and proper"
L. Is. I"r'rr-tlSID "Thc Constitution
IS specihca''on OF the powers, or means.
~ "nich certain objects are to be accom-
Pi'shcn: ne powers of the Constitution
carrie" mo execution according to the srricr
" ms an" import OF them. are the onlv
mean within the reach Of this Government
i"r 'h' attainment OF its ends. Ii is true.
Congress has right to make n | lar, W.
cessnry and proper for executing the dc,eco-
ted powers; hnt this gives no lat;,uJo nr
discretion in the selection of n,.a '"
powers"
Henry Clay-(8ID .lf Conrress have
me power I" erect an artificial body. and
81 1 = hr 4
of an indivldual-if you eau bes,ow om ,L;,
object of YOUR own creo,iou ,ho -, ~. US