The Arkansas banner., 1844-02-27
coMMuNfcATIoNs.
For the .4rhraslsas Baaaey. DEMOCRACY.
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NO. ,.
 Aig EDIToR:--I remarked that among ihe powers proposed to be vested m Congress by the Convention of l7S7, which framed the Constitution of the United States, was the power to grant charters of mcorpo- ration for canals. and the power to grant charters of incorporation when the public good may require them, and the authority of a single State may be ineompetent, and that both these propositions were rejected.
 During Mir Cobb's speech in the Senate. February 23d, 1925, against the appropria- ton for the Cumberland road, he stated, that in the Convention of September, l4th l787, 1t was proposed to add to the enumerated powers, the po1cer of grantiag interpretations for aanalS, Sc. This was rejected, only three States voting tort, viz: Pennsylvania, Virginia and Georgia. It may be supposed, says Mr. Cobb, that this power of imcorpo- ration was rejected, because 1t was contained in some other part of the Constitution; but as we have now with us a distinguished then Senator) he may perhaps inform us whether the clause was rejected for this req son." MT. King, shaking his head, said, such lining ,cas mol HongM of.
 Mir. King, on the question of the Cumher- land road, voted in conformity with Mr. Cobb's speech. Cong. Rep. 652.
 It may be of use, though 1t be an argument of no conclusive weight, to show the senti- ments of some of our older politicians, those who lived, and were in repute at the era of 1 the Convention, as well as afterwards, on the subject of constructive and implied powers
 Patrick Henry predicted, on review of our Constitution, that it would be so construed as to form splendid national consolidated government, raised upon the ruins of the sovereignty of the people, and of the several States. Cong. Rep for 1925, p. 647 He opposed the adoption of the Constitution in the shape in which it came from the Convention, insisting upon certain amend- ments as necessary to guard against the dan ger of Congress assuming powers by impli- cation. In one of his speeches he thus dis courses:
 ''lf they (the general government can use implication for us, they can also use impli- cation against us. We are giping power ;- they are getting power; judge then on which side the implication will be used. When we once put it in their option to assume con- structive power, danger will follow. Trial by jury, and liberty of the press, are also on this foundation of implication. If they en- croach on these rights, and you give your implication for aplea, you are cast, for they will be justified by the last part of it, which gives them full power--s'To make all laws which shall be benecessary and proper to car ry their powers into execution" lmplca- tion is dangerous, because 1t IS unbounded i; If it be admitted at all, and no limits be ] prescribed, 1t admits of the utmost extension, l They say that every thing that is not given is retained. The reverse of the proposition is true by implication. They do not carry their implication so far when they speak of the general welfare. No implication when the sweeping clause comes. Implication IS only necessary when the existence of prlvi- leges is in dispute. The existence of pow CTS is sufficiently established. If we trust our dearest rights to implication, we shall be in very unhappy situation. Implication i'll 1 England has been a source of dissension.- There has been a war of implication between the King and people For one hundred years did the mother country struggle under the uncertainty of implication. The people in- sisted that their rights were implied: the monarch denied the doctrine Their bill of rights, in some degree terminated the dispute By bold implication, they said they had right to bind us in all cases whatsoever.- This constructive power we opposed, and successfully. Thirteen years ago, the most important thing that could be thought of, was to exclude the possibility of construction and implication. These, Sir, were then deemed perilous.o
 Governor Randolph, in reply to this DOT ton of Patrick Henry's speech, says :-"The sweeping clause, as 1t is called, is much dreaded. find that differ from several gen. tlemen on this point. This formidable clause does not in the least increase the powers of Congress. It is only inserted for greater caution, and to prevent the possibility of en- croaching upon the powers of Congress- No sophistry will be permitted to be used to explain away any of those powers-nor can they (the Congress) possibly assume any other power, but what is contained in the Constitution, without absolute usurpation- Another security is, that if they attempt such an usurpation, the influence of the State go- vernments, will nip it in the bud of hope know this government (the general govern mcn) will be cautiously watched. The smallest assumption of power will be sound- ed in alarm to the people, and followed by bold and active oppositition. hope my counrymen will keep guard against every arogation of power. l shall take notice of what the Honorable gentleman said with re- spect to the power to provide for the general welfare, The meaning of this clause has been perverted to alarm our apprehensions. The whole clause has not been read togeth- CT. It enables Congress to s'lay and collect taxes, duties, imposts and excises; to pay the debts and provide for the common de- fenceand general welfare of the United States. The plain and obvious meaning of this is, that no more duties, taxes, imposts and ex- cises shall be laid, than are sufficient to pay the debts and provide for the common de- fence and general welfare of the U. States.n But Patrick Henry not yet satisfied, thus hnlIS fsavtl q ,a,,tS St.aach