Democratic standard. [volume] (Georgetown, Brown County, Ohio) 1837-1850, 1843-04-25

ceded. 1t is said that there are cases
in which it must act on implied Powers.
This is not controverted: but the impli.
cation must be necessary, and obviously
flow from the enumerated power with
which it is allied. The power to charter
companies is not specified in the grant,
and contend is of a nature not transfer
able by mere implication. 1t is one of
the most exalted attributes of sovereign.
Iy. In the exercise of this gigantic pow.
er we have seen an East India Company
created, which has carried dismsy, DESC
lation and death throughout one Of the
largest portions of the habitable globe
A company which is in itself sovereign
!y-which has subverted empires, and
set up new dynasties-and has not only
made war, but war against its legitimate
sovereign! Under the influence Of this
power we have seen arise a South Sea
Company and a Mississippi Company,
that distracted and convulsed all Europe,
and menaced total overthrow of all
credit and confidence, and universal bank
ruptcy, Is it to be imagined that pow
er so vast would have been left by the
wisdom OF the Constitution to doubtful in
herence? II has been alleged that there
are many instances in the Constitution
where powers in their nature incidental,
aud which would have necessarily vested
along with :he principal power, are new
ertheless expressly enumerated; and the
power "to make rules and regulations
| for the government of the land and ma
val forces" which il is said is incidental
10 the power TO raise armies and provide
a navy. is given as an example. What
does this prove? How extremely cauN
tious the convention were TO leave as lit
lie as possible ITO implication. In all cases
where Incidental powers are acted upon,
the principal and incidental ought to be
congenal with each other, and partake
of a common nature. The incidental pow
er ought to be strictly subordinate and
limited to the end proposed to be attained
by the specified power. In other words,
under the name Of accomplishing one OBJ
lect which is specified, the power implied
ought not to be made 10 embrace othe r
objects, which are not specified in the
Constitution. If, then, as is contended,
you could establish bank TO collect and
distribute the revenue, it ought TO be ex'
pressly restricted 10 the purposes of such
collection and distribution. 1t is mockery
worse than usurpation, to establish it for
a lawful object, and then to extend it TO
other objects which arc not lawful. In
deducting the power TO create corpora
tions such as | have described it, from
the power to collect taxes, the relation
and condition Of prncipl and inclde mt are
Frustrated and destroyed. The accessory
is exalted above the principal. As we'll
mig hit il be said that the great lumInary
of day is an accessory, a satellite TO
the humblest star that twinkles forth its
feeble light in the armament of heav-
en-!
Suppose the constitution had been ST.
lent as TO a judicial department OF this
Government, could you, under the pow
er 10 lay and collect taxes, establish ju.
dietary! ] presume not; but if you could
derive the power by mere implication,
could you vest it with any other authority
than to enforce the collection Of the rev.
enue? A bank is made for the ostensi-
bic purpose of aiding in the collection
of the revenue; and whilst it is engaged
in this. the most inferior and subordinate
of all its functions, it is made 10 diffuse it,
self throughout society, and to influence
all the great operations OF credit, circula>
ton and commerce. Like the Virginia
Justice, you tell the man whose turkey
had been stolen, that your book OF prece'
dents furnishes no form for his case; but
then you will grant him precePt 10
search fora COW, and when looking for
that he may possibly find his turkey! !
You say to this corporation, we cannot
authorize you to dlscount-to emit paper
Ito regulate commerce, &c. No! OuI
book has no precedents of that kind. But
q then we can authorize you 10 collect
= the revenue. and whilst occupied witt
that you may do whatever else yOC
!. please!
d What is a corporation, such as the bill
!, contemplated It is a splendid associa
0 ton of favored individuals, taken iron
e The mass of society, and invested wit
}. exemptions and surrounded by immunI
o ties and privileges. The honorable gen
!. tleman from Massachusetts (Mr. LLOYD
q has said the original law, establishing
]. the bank, was justly liable to the obIec
> ton Of vesting in that institution an e1
g. elusive privilege,-the faith of the GoS
(, ernment being ple1ged that no othe
c. bank should be authorized during lis eA
NJ istance. This objection he suPpose.s
b. Obviated by the bill under consideration
Of hut all corporations enjoy exclusive prI
D. ileges--that is, the corpOratorS nav
De privilege which no others possess ana
he you create fifty inste ad Of one. you haN
II only fifty privileged bodies instead
10 one. Icontend that the States have tt