Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1838-11-24
Com IN unicatiOns.


tona dissertations are rather dry aud TO mos, people
exceedingly unpleasant. have not Inc vanity 10
suppose that ala So lar master of tie subject as tn
bear down all obstacles which present themselves
assume the fact that the contest now gong on in
the county is narrowed down to a National Bank
against the Independent Treasury scheme. con-
tend that Congress has no power under the Coas,i-
tuition 10 create the former. In order to arrive at
correct and legitimate conclusion on tbs subject it
will be necessary TO consider what is the distinguish
ING trait between the General and State Govern
meniS. lay /; down IL be mainly aud chiefly this
that while the former can exercise No powers bat
such as are expressly delegated the latter can ex-
ercse all not forbidden If then this be the correct
line Of distinction between the relative powers OF
the two Governments it viii readily occur to every
mind Of ordinary reflection, that if Congress possess
the power to issue paper money, or 10 create bank
the States do not, because II is a perfect paradox
to say that the two governments possess concurrent
powers over the same subject. am aware, how
ever, of the fact that il Is commended that the two
governments can exercise concurrent powers, but
whenever am brought to believe that two soyc-
regns can at the same time Icgmatcy exercise
jurisdiction over the same subject or that subject
can at one and the same time owe allegiance tn
two soyereigns or that two objects can occupy the
same space-thcn, and not until then Will give
into the doctrine of concurrent powers between
the General and State Government The power
TO create corporations is one Of the highest attributes
Of sovereignty, ard is reserved to the people or to
the states in what manner, however, viii hereafter
| be noticed The doctrine Of concurrent powers is
one that we often meet with in he mouths Of men
Of sense and therefore il deserves the more notice,
which however reserve for a subsequent occasion.
Here might, It seems TO me, with pe,lcc' proprety
rest the argument OF the case aud ask the friends OF
National Bank to point out that clause in the fed
era constitution which gives this power 10 Congress
But choose not TO extract tie cncmy's fire.
viii push the war into his camp and combat him,
not with his own weapons for he has none, but
with such as he cannot withstand. I'm the tenth
amendment 70 the federal constitution it Is declered
that "he powers not delegated 10 the United States
By the constitution nor prohibited by it to the States,
are reserved to the States respectively, or TO the
people" Now, suppose, il It can be shown that
the power to create corporations was refused to
Congress, il will be conceded that the power is re-
reserved TO the States. give the following as the
evidence of two of Mr.. Jeaersons memoirs, page
| SOC "Eheu the Bank bill was under discussion
in the house Of Representatives, Judge Wilson
came in, and was standing by Baldwin, Baldwin
reminded him of the following fact, which passed
in the Grand Convention Among the enumerated
powers given TO Congress, was one to erect cor
porations, 1t was on debate struck out. Several
particular powers was then proposed among Others
Robert Morris proposed TO give Congress power
to establish National Bank. Gorcntur Morris OPP
| posed it, observing that it was extremely doubtful
whether the constitution they were framing could
ever be passed at abby the people Of America
that to give it Its best chance, however, they should
makeit as paatabIe as possible, and put nothing
into 1t not very essential, which might raise up
enemies that MS colleague (ltobert Norris well
knew that Bank was in their State (Peunsyyana)
the very watch-word Of party. That Bank had
been the great bone Of contention between the two
parties of the State from the establishment Of their
notwithstanding been erected, put down and
erected again, as either party propondcratcd that
therefore, to insert this power would instantly cnlsl
against the whole instrument, tie whole an-bank
party in Pennsylvania. Whereupon it was rejected
as was ever every other special powcr-eXcept that
Of giving copyrights to authors, and patents to in
ventors, the general power Of Incorporating being
whitfield down TO this shred. Wilson agreed TO
the fact" In the absence Of every other argument
that might be brought forward in opposition to the
exercise of thai most dangerous and pernclous of
all powers, here is one which no human ingenuity
can battle down. Its The evidence Ct Thomas
Jefferson, as to what two members Of the Federal
Constitution declared in his presence.
Il Is not wonderful that with such evidence as this
before their eyes, any respectable portion Of tie
community should be found in favor OF bank
What must be the reflections ofall honest and candid
men, Why ii must be that Congress had no such
power and the exercise Of il is gross and papabIe
usurpacon But | am not disposed to test tie
! argument here, am wiling TO meet tie friends of
the Baak on their own grounds. A portion Of the
bank party (and really know not whether 10 term
VI li!Oob itIhSoo VI tttN
have contcnded for the power under the general and
sweeping clause of providing for the common wei
fare. If we give to this clause Of the Constitution
the unrestricted and attudenaran construction
thus contended for il will be found to absorb and
swallow up every limitation and restriction contain
ed in IL and our government is at once one Of un-
limited power. But on the contrary if we give 1t
that sound and wholesome construction which the
dictates Of common sense and common honesty
would seem to sanction, il will be found to he a
very wholesome and sautary one. The trainers Of
the Constitution never meant to give TO Congress
unlimited powers 70 provide for the general welfare,
but to restrc, them To those enumerated, by the