The Arkansas banner., 1844-02-27


 guish America and the necessity of national defence let all these things operate on their minds, they will search that paper, and see if they have power of manumission. And have they not, Sir Have they not power 10 provide for the general defence and well i fare; May they not think that these call i for the abolition of slavery, May they not pronounce all slaves free, and will they not be warranted by that power There is no ambiguous implication, or logical deduction. The paper speaks to the point. As much as ! dcplore slavery, lsee that prudence forbids its abolition. ldeny that the general govern ment ought to set them free, because deci- ded ajority of the States have not the ties of sympathy and fellow-feeiing for those whose interest would be affected by their i at the North, and the slaves arc at the South. In this situation see great deal of the prop erty of the people of Virginia in jeopardy, and peace theirand tranquility gone away. lrepeat i itagain,that 1t would rejoice my very soul, that every one of my fellow-beings was emancipat- cd As we ought with gratitude to admire that decree of heaven, which has numbered us among the free, we ought to lament and de- plore the necessity of holding our fellow men in bondage. But is it practicable by any human means to liberate them, without producing the most dreadful and ruinous con- sequences? We ought to possess them i'll the manner we have inherited them from our ancestors, as their manumission is incompat- ible with the felicity of the country.o
 Here let us pause a moment, and weigh l q, l.. 4 tI,e{ that latitude of construction which would l yield to Congress power not contained in the Constitution, and which the Convention expressly refused to insert in 1t. Gas the power) to grant charters would iu like manner yield the power which Patrick Henry here feared they might assume, under the general welfare clause? The process of reasoning is as easy at least, in behalf of the one claim of power as the other IL was thus-The general go- vernment has power to provide for the gene ral arelfdre and have authority to 'spass all laws necessary and proper' to carry this as we'll as their other powers into effect. There fore, if Congress think it promotive of the general welfare, theymay grannt charter oi l incorporation-a power expressly refused to Congress by the Convention of States which formed the Constitution. Of course then, i they think 1t necessary and proper for the general welfare, they may grant charters ol emancipation power not expressly refused to Congress by the Convention. Well might that ilustrous statesman, James Madison. advert to his signing of charter of incor- poration as tie great error of his political life
 Read here what he once said on the sub ject, February, 179l:-
 ''Ife expressly denied the power of Con- gress to establish Banks, and this, he said. was not novel opinion; he had long enter- tained il. All power, he said, had it's limits Those of the general government were ceded from the mass of general power inherent in the people, and were consequently confined within bounds fixed by their act of eesslon. The Constitution was this act, and to war rant Congress in exercising the power, the grant of it should be pointed out in that in- strument. This he said had not been done: he presumed 1t would not be done but this he conceived was nota bill to borrow money. If we venture to construe the Constitution, such construction only was admissible as carefully preserved entire the idea on which the Constitution is founded.
 He adverted to the clauses in the Consti- tuition which had been adduced as conveying this power of incorporation. He said he could not find it in that of laying taxes He presumed it was impossible to deduce it from the power given to Congress, to pro- vide for the general welfare. It is admitted that the right exists there, every guard set 10 the powers of the Constitution is broken arI tlo itat To exercise the power included in the bill was an infringement on the rights of the sev- eral States for they could establish Banks within their respective jurisdiction, and pro- hbit the establishment of others. 4 law ex- isted in one of the states, prohibiting of cash notes of hand, payable on demand The power of making such law, could not, he presumed, be denied to the States; and if this was granted, and such laws were in force, it certainly would eflectually exclude the establishment of Bank.
 This power of establishing a Bank, had been, he said, deduced from the right grant ed in the Constitution of borrowing mo- ney. It was said that Congress had not only this power to borrow money, but to ena- ble people to lend. In answer to this, he observed, that if Congress had right to en- able those people to lend who are willing and not able, it might be said that they have a right to compel those who were able and not willing.
 He adverted to that clause in the Consti- tuition which empowers Congress to pass all the laws necessary to carry its powers into execution, and observing on the dillinsive and ductile interpretation of these words, and the bomdiess latitude of construction given them by the friends of the Bank, said hat by their construction erery possible pOaser might Dc exercised.
 The government would then be paramount in all public cases. Charters, incorpora- lions, aad monopolies might De giren aud e. ery kmitatioa efectualiy slrept aacay, and could supercede the establishment of every Bank in the several States. The doctrine of implication he warned the friends to this system, was dangerous one, which multi l piled and combined in the manner some gen. sl I