Madison Whig advocate. [volume] (Canton, Miss.) 1839-1841, 1839-10-26

distinct from thu natural eap.csty- Fer
| Il IL be an incident 10 Sovereignty anS
il i not prohibited II raass belsag ~ sae
national government IN relation ? ID
objects entrusted 10 a. The true dlder'
Iencc IS this; when she aarhorsty e q
government Is general. il can create CUR
porations in all cases where Z : CO..
fined to certain branches o. ie-.slzsacns
1t can create corporations enly es .
those cases II cannot Be denIed- thai
implied powers may be deiegated- as
we'll as express. II follows, that 4 poses
TO erect corporations may as well BE- iHs-
piled. as any other thing, II il BE m n
strument or means Of carrying into sx-
ecu.ion any specified Power- The cnay
question in any case nast b, whether
il be such an instrument or means and
have natural relation To any oF she
acknowledged objects Of sovernment--
Thus, Congress may not erect copper
alton for uPerintending the police ofthe
the city of Philadelphia because they
have no authority to regulate the police
of that city. But if they possessed the
authority to regulate the police of that
city, they might unquestionably, Greats
corporation for thar purpose because
IT is incident to the sovereign legislative
power TO regulate a thing. tOemPlox a.
the means. which relate % IT'S reraia-
ton, to the best and greatest advansase-'
"A strange fallacy has erePt into the
reasoning on this subject Il has been
supposed, that a corporation IS some
great, independent thing; and tha; the
power to erect It IS a great, substantive.
power; whereas IN truth- n
is but 4 legal eapaeiry- quail
~, or means. 10 an end; and the power
to erect 1t Is, or max BE-. sn implied and
incidental power \ corporation = new
er the end. for which other powers are
exercised but mans By which ether
objects are accomplished Nor cousri-
buttons are male TO charity for The sake
of an incorporation; but = Corporate
is created To administer the charity N
seminary of learning : instituted ID Or
der to be incorporated; bat the corporate
character is conferred TO subscrve the
Of education No city was
ever built with the sole object o. beng
but IL 5 incorPoraac5 a.
lfFording the best means Of being weI1
governed. So a mercautile company Is .
formed with certain capital for carry
NJ on particular braHehs0f business
the business TO be PzssecuseI Is tAa.
TIE association, N -r 70 6arm
he requisite capital, i~>he primary
means If an incorporates Is aided 20
he association It only gives i new
quality, an artificial capacity BY winch
t is enabled 10 prosecute the Business
With more convenience and safety O.
ruth, the power Of creating a corpora F..
ion is never used for rs own sake bgt
or the purpose Of eifscsing something
Use So that there Is not a shallow OF
eason to say, that Il may not pass a. an i
Incident to powers expressly giEen- and ,
5 mode of executing them IL
at is true, that among the enume-1ssd
overs we do not find that Of establish
,g bank, or creating q corporation C
ut we do find there the great powers % 4
~ and collect taxes; 10 borrow money 81
, raruTa.a ~-r,~-r-o.-.-,.- - 49, - Z.
onduct war; and to raise and support q
rmies and nayies- Now, If a bank b p
fit means to execute any or all Of these b
overs, II is just as much implied. as anv q
Their means If It be necessary and g
roper" for any Of them, how Is If pos s.
bic to deny the authority 70 create L for a
lch purposesl There Is no more pro- a
rIety IN giving this power in express 7
rms, than in giving any other inci.Iea- e
i powers or means IN express terms "a
it had been intended 70 grant this 7
over generally, and to make II DIS o
net and independent power, having No '
:lation TO, but reaching beyond the other O.
powers, there would the q a
ave been proPriety in giving & in ex- 81
'ess terms, for otherwise Il would not ir
list. Thus, il was proposed IN the con g.
'ntion, to give a general power ~t0 s.
amt charters Of incorporation 20 IS
grant charters Of incorporation IN cases p
here the public good may require them y
I'd the authority Of single STATE NAV ol
; Incompetent ito grant letters p
incorporation for canals, Sc II. r
'her Of these propositions had been a
IoPted. there would have been an o5- e
Gus propriety in giving the power in n.
.Press terms; because, as to the two
rmer, the power was general and an "a
nited, and reached far beyond any oF y
e other enumerated powers. and as % s,