Independent Democrat. [volume] (Canton, Miss.) 1842-1844, 1843-05-20


is in itself sovereignty-which has sub
verled empires, and setup new dynasties
and has not on y made war, but war against
its legitimate sovereign. Under the influ.
ence OF this power, we have seen arise a
South Sea Company and Mississippi
Company, that distracted and convulsed
all Europe, and menaced total overthrow
Of all credit and confidence, and universal
bankruptcy. Is it TO be imagined, that a
power so vast, would have been left by the
wisdom of The Constitution 10 doubtful in.
inference 1t has been alleged, that
there are many instances in the Constitu-
ton, where powers, in their nature Incl
dental, and which would have been neces
sarliy invested along with the principal,
are nevertheless expressly enumerated
and the power "to make rules and regu-
lalions for the government Of the land and
naval forces" which ii is said is inciden-
tai 10 the power TO raise armies and provide
a navy, is given as an example. What
does this prove How extremely eau
tous the Convention were 10 leave as little
as possible TO implications In all cases
where incidental powers arc acted upon,
The principal and incidental, ought to be
congenial with each other, and partake of
common nature. The incidental power
ough, to be strictly subordinate and Imi-
ted to the end proposed 10 he attained by
the specified power. In other words, un.
der The name OF accomplishing one object,
which is specified. the power implied
ought not to be made TO embrace other OBJ.
jec's, which are not specified in the Con-
sttuion. If then you can establish a
Bank to collect aud distribute the revenue,
it ought to lie expressly restricted to the
purpose of such collection and distribution
1t is mockery, worse than usurpalion, to
establish it for Lawful object, and then to
extend it to o,hcr objects which are not
lawful. In deIucing the power TO create
corporations, sreh as have desc ibci it,
from the power to collect taxes, the rela-
ton aud coaGiton Of principal and Incl.
dent are rroslrltcd and destroyed. The
accessory IS exalted above The principal.
as well might it lie said, that The great
luminary of day is an accessory, "A sa eI-
lite 10 the humbIest star that twink es flith
its feeble light in the armament Of Heu.
ven!
Suppose the Constitution had been 81
lent as Dan individual department OF ihi'
Government, could you under the powe
t. lay and collect taxes, establish Judic
| iary? lpresunic not but if you could de.
rive the power by mere Implication, could
you vest 1t with any ether authority than
10 enforce the collection of the revenue 2
A bank is made for the ostensibe pur.
pose OF aiding in the collection Of The re.
venue, and whilst it is engaged in this, the
most inferior and subordinate Of all its
functions it is made 10 dilfIlsc itself through
on. society, and to influence all the great
operations Of credit, circulation and Com.
merce. Like the Virginia Justice, you
tell the man whose turkey had been stolen
that your books of precedent furnish no
form for his case, but then you will gran,
him a precept 10 search for n COW, and
when looking for that, he may find tur-
key You say to the corporation, we can.
not authorize you to dlscount-to emit pa
per-to regulate commere, &c. No.
Our books have no precedent otthat kind
but then we can authorize you 10 collect
the revenue, and whilst occupied with tina,
you may do whatever else you please !
Whal is corporation, such as the bill
contemplates? 1t is splendid association
Of favored individuals, taken from the mass
of society, and invested with exemptions
and surrounded by immunItes and privil-
eyes. The honorable gentleman from
Massachusetts MIR. Lloyd) has said, that
the original lew, establishing the Bank,
WIS justly liable to the objection of vesting
in that institution an exclusive priv iIege,
the faith OF the Government being pledged
that no other bank shonld be authorized
during its existence, This objection he
supposes is obvlaled by the bill under con-
sideralion but all corporations enjoy
exclusive privileges which no others pos.
sess. Ifyou create fifty corporations, in.
stead Of one, you have only fifty privileges
todies instead of one contend, that the
States have the exclusive power to regulate
con'racts--to declare the capacities and
lncapacties to contract, and to provide as
the extent OF responsibility of debtors to
their creditors. If Congress have the
power 10 erect an artificial body, and say
il shall be endowed with the attributes Of
IN individual--lf you can bestow on this
object of your own creation the ability tc
contract, may you not, in contravention o.
Stale Rights, confer upon slaves, infants
and tenlmeS coarert the ability 10 contract
And If gu have the power 10 say, that ar
association OF individuals shall be respon
slble for their debts, only in certain limi
ted degree, what is to prevent an exten
sirn of Il similar exemption 10 individuals