Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-04-25

/
OF contingent Teuvdy:
This warrant po@er TO erect na''n, u''e' W.,
inr yyauas;ca throughout lte whole Cois'''u'''"
n ono, of some congo NAL spot to iasien upon, has
49, :. I,,; ;,caiedi ~ he gentleman from Georgia.
:, ,i,,, ,,0v;son wirh authorizes Congress 10 Jay
md colisc, taxes &c. In l1Ji lie power Is re'eiu 70
ono nav, NJ the insrnnca IN ISL, TO another some
fines !, i ,l!esed 10 b, Genucibc from the power 10 re-
rIa,e commerce Hard pressed here II disappears ana
sbous ;,se,r uodcr the grant 10 ccn money TIE sa
rae oas Secretary OF the Treasury IN l13 pursued lne
e.;.t corrse--hc has taken shelter behind general
H. Il, sounding and imposing terms. lie has oecareo
m ,ta nreambe TO The act establishing The Daha, II
COL, ha very eo.puclgE 10 the successful coGdaett6g
of the untcnal finances; will tesd 10 gave jGclty 10 the
obla;.inr Of !oa0s, and viii be F0a"ettee o. co"sdefa
bic ADVANTAGES TO tfade and industry III general TO
alIns,on IS .ade 10 the collection OF taxes. What Is
The nature o. this Government? 1t ~ cmphat;ca!ly
Federal vested with aggregate OF specified powers
Cor re neral purposes conceded b. existing sovere'snes
who haze themselves retained what rs No, SO conceded
is said that there arc cases IN which 1t must act on
Implied powers. This not controvered, but tie lnpi
cation mus; be necessary, and obviously flow from the
enumerated power with which ii is allied. The power TO
charter companes no. specified in the grant, and con-
tend is OF transferable by implication
f. is one Of le NEST excited attributes of sovereignty
In tie exercise otthis gigantic power, have seen an
E!s. India Company creaed, which has Carried dsiay
desaation and death, throughout oil tho largest
portions of the habeb!c wo7ld-A company, which
IS ia itself sovereignty has subver'ed EN-
pres and set up dynasties, and has not only ade
war but war against is legitimate sovereign Under
the influence oil ts power we have seen arse south
Sen Company oad Mississippi Company. that distract
cd and conyu!sed al Europe, and menaced total
overthrow OF all credit and confidence, and universal
| bankrupicy. Is ii 10 he imagined, that power so
vast, would have been lett by the wisdom OF the Con
stlution 10 doubtful Inference: II has been alleged,
that there are many instances IN the Constitution,
where powers, in their nature incidental, and whcn
would have necessarily been vested along with the
principal nevertheless expressly enumerated; and
the power ",o make rules and regulations lar the 60
yernmau nj of the land and naval forces, which !. IS
SAID incidental to the power 10 raise armies and pro-
| yitc navy, given an example. What does ms
prove: How extremely cautious The Convention were
! - Lave Us ltllc possible 10 implications IN al
eases where incidental powers are acted upon, tie
principal and incidental, ought 10 be congenai win
each other and Pa7iake Of common nature. ne met
dtnie power ought 10 lac strictly snhoidino ana ''
TED to The end proposed 10 be attained oy 'e Spc'eu
power In other words, Cuder the name oi acroi'
pshng object, winch is specified the power I'M
eed ought not 10 be made 10 embrace other ooJects
which are not specified IN the Consnon' II taeh
YOU could establish Bank 10 collect ana distribute
ee revenue, ought 10 be expressly restricted 10 inc
/ purpose Of such collection and distribution II IS
nocGerv, worse than usurpation TO establish 1t Tor
lawful object, aud then 10 extend 1t 10 other ooects
wlch awful. In deducng the power 10 create
corporations such have described II, from the pow
-r 10 collect taxes the relation aud condition OF pElnci
pal all incident proSiraed aud destroyed iit
+ accessory exalted above the principal As well
rgh, II be SAID that the great lumnary OF day is an
accessory, satellite to ,he hn'ast S;a ai tw'nkes
iuctb It's lee Die light ia the armament OF Heaven
Slppose Tie Constitution had been silent as 10 an
individual department of this GoyeTnmen could you,
under the power lay and collect taxes, establish
judiciary; | presume not; but 1t You could derive
the power by mere implication, could YOU vest It with
any other authority than 10 enforce the collection OF
the revenue: \ Bank Is made Tor the osensble pur-
n adinr u collection OF the and
willis, ii is engaged in this lie most inferior and
sGbocd o all its functions, IT IS made 10 d'iihse
Itself throughout society, and 10 i3iinence all the
great operations OF credit circulation and commerce
/. Ike 5fa Virginia Justice, You tell the man, whose
.u5ey he'd been stolen, tina, youF books Of preceden,
urusA no fora Tor his ease, but then you VIII grant
hitl preceot search for COW, and when look
&c. that, lie may find ms turkey GU say to this
corporation, Cannot authorizs you 10 discoun-to
cnI paper-to regulate commerce, &c. No! Our
books have no precedents of that kind But then
can authorize you collect the revenue and, whilst
occupied with that, you may do wha!e:cI else you
please
What is corporation, such The bill contempla,cs:
II splendid association Of favored Individuals ia
ken from the Of society, and invested with ex-
cfrntons and surrounded by mmunes and privileges.
The honorable gentleman from Massachusetts (hr.
I.ioyt) has SAID that The original law, establishing The
lan.. Justly iibe 10 the objection Of 9sstIng III
that institution exclusive privilege, the faith oi the
Government being pledged that other Bank SHOULD
oe euihcrzed during It's existence. This objection
he supposes is obyated by the b! uater Consideration;
be-, all corporations enjoy exclusive p:v'!eges;bat IS
the corpolators have privileges which others possess
Ii you fifty corporgtlnns instead of one, you
have oniy fii,y privileged bodies, instead OF one. |
contend, that the States have the exclusive power 10
regulate conracts-to declare the capacities and inca
paces TO contract, and 10 provide rs TO the extent OF
responsibility of debtors their creditors. If Con-
gross have the power to erect artificial body. aud
saw il shall he endowed with The attributes Of ndi-
yidual--lf Won bestow on this object of your
The ability 10 contract, may you not,
PREVENTION State Rights, confer upon slaves infants
and J.mwtS t0urcgt the ability - contract And it
YOU the power 10 say, that association nj ndI-
vi5uals shs hc responsible ior their debts only
CERTAIN limited degree, w!iat Is to prevent "a c%:en-
n sinar exemption - i;]riGtais' Where Is
the limitation, upon THIS power, to sci up corpoTatons
You establish IN t!c hear, oil Sta,ethe basis o!
:. hose c. piia money You GiaY Others whose
pita shall consist OF land, slaves, and personal
taies, aud thus, the whole property, within the ursdc
ton oil State might b. absorbed by these political
bodies. Thc existing Bank contends, that 1t is beyond
the power of State 10 Il, and if this pre,ensian
he well founded, It the power Of Congress, by
char,eTng Companies 10 dry up al tho sources oil
State Revenue. Georg. has nndertaken, 1t is true 10
levy tax on the branch within her Jnrsdciion-bul
this law, under course oi litigation,
s.Gc-sd rs invalid The United States own great
deal OF land III the State Of Ohio. Can tins Govern.
men f The purpose al creating ability 10 purchase
IT, charter Company: hitcu9 are forbidden, | be.
le.e, ~ ,it Stale 10 hc! real estate. Could vou in
ore, TO nu,iiply purchasers, Confer upon them the
capacity 10 hold land il deroe"on OF the local law
/ imagine is viii hardly he Insisted upon, and yet
there exists obvrous connection between the
undouated power, winch is possessed hy this Govern
men; sell It's land, aud the OF executing that
power, by increasing the demand IN Ike market, than
there between lhs Bank and the collection Of tax
This Government has the power TO levy taxes--to
raise armies lde Navy make war-regula,e
commercc-co,n iaoney, Ne, &c. 1t would not be
difficult 10 show Etma!e connect;on between 4
corporation established far any purpose whatever, and
other Of those great powers, there is
between the aud The Bl&k q! tie Cnited States
let US enquire inlo The ac;ual participation of this
Ba"k IVA the collection oi the revenue. P:ior 10 the
passage Of The act OF 1900, requiring the collectors
OF those ports Of entry at which the principal Bank,
or any Of its cilices, situated 10 dcpose with
them the custom house bonds il had not The small.
est agency in the collection of the duties Daring
almost moietv of the period 10 which the exist
cncc OF this institution limited, it wise
Instrumental in the collection of that revenue 10
H.