The Arkansas banner., 1844-02-27

"What is the nature of this government! It is emphatically federal, vested witb an ag- gregate of specified powers for general pur- poses, conceded by existing sovereigntles, who have themselves retained what Is not so conceded. It is saidthere are cases in which 1t must act on implied powers. This IS not controverted but the implication must be necessary, and obviously flow from the enu- merated power with which It IS allied. The power to charter companies IS not specified in the grant, ard contend, is of nature not transferable by mere implication. It is one of the most exalted attributes of sovereignty.
 Is it to be imagined that a power so vast, would have been Jeff by the wisdom of the Constitution to doubtful inference? It has been alleged that there are many instances ln the Constitution where powers in their na- ture incidental, and which would necessarily have been vested along with the principal, are nevertheless expressly enumerated; and 1 the power ssto make rules and regulations for the government of the land and naval forceso which it is said, is incidental to the power to raise armies and provide a navy, is given as an example. What does this power? How extremely cautious the Convention were to leave as little as possible to implication. In all cases where incidental powers are acted upon, the principal and incidental ought to be congenial with each other, and partake of a common nature. The incidental power 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 object which is specified, the power implied, ought not to be made to embrace other objects, which are not specified in the Constitution. If, then, you could establish bank to collect and distribute the revenue, it ought to be express ly restricted to the purpose of such collection and distribution.
 l contend that the States have the exclu- sive power to regulate contracts, to declare the capacities and incapacities to contract, and to provide as to the extent of responsi- bility of debtors to their creditors. If Con- gress have the power to erect an artificial body and say 1t shall be endowed with the attributes of an individual-if you can bestew on this object of your own creation the abil- [ ity to contract, may you not in conraven- ton of State rights, confer upon slaves, in- fants, and femes covert the ability to contract All II ! Ou lldFO IilC ItOWCl= to Sdy association of individuals shall be responsi- f ble for their debts only, in a certain limited degree, what is to prevent an extension of a ] similar exemption to individuals? Where is the limitation to this power to set up corpo- rations? I You establish one in the heart of the State, the basis of whose capital is mo- ney. Y ou erect others, whose capital shall consist of land, slaves, and personal estates, and thus the whole property within the ju- risdiction of State might be absorbed by these political bodies. The existing bank contends that it is beyond the power of a State to tax 1t; and if this pretension be well founded, it is in the power of Congress, by chartering companies, to dry pail the sources of State revenueo Elliot's Debates, 4, D. 269.
 This was speech of Henry Clay's, made before the bank had exhibited any power as a political engine, and before he had been employed as it's attorney. No one can de- ny its force, whether viewed with reference to the power of Congress to charter a na- tional bank, or to raise and protect private manufacturing houses. :.Tfe incidental pow er'' says he, sought to be strictly subordinate, and limited to the end proposed to be attain ed by the specified power.n The power to pass laws in order to establish or raise up private manufacturing houses, is claimed for Congress as an incidental power; and the specified power to which 1t is claimed as i1,- cidental, is the power to lay taxes, duties, imposts, and excises. it must, then, be lim- ited to the end to be proposed to be attained I by this specified power. The end propos- ed to be attained by the specified power is .'to pay the debts and provide for the com mon defence and general welfare of the U. States.n Does the power then, the inciden- tal power to raise or support private manuiac- turing houses, pay the debts of the United States? If not 1t cannot be incidental to the power to ''lay taxes, duties, imposts and ex- cises,o because the incidental power must be limited to the end proposed to be attained by the specified power. Does that incidental power provide for the common defence and general welfare of the United States? If SO, then the power to pass any law that Con- gress may think is for the general welfare, may be exercised as an incidental power :; and so far from the powers of the general l government being limited and definite, they are in effect, unlimited. They now think it for the common defence and general welfare so to impose taxes as to raise and support private manufacturing houses. They may, when the votes of the abolitionists are strong CT, deem it to be for the general welfare and common defence, so to impose taxes as to discourage or prevent the increase of tobacco plantations, then cotton plantations, then rice, then sugar plantations so far as carried on by slave labor. If they may pass law to sup- port particular class of mechanics for com mon defence and general welfare, they may pass law to prostrate particular class of agriculturalists for the same purpose. Out upon such absurdities
 The fact that there are men in the South ern States advocating such power in Con- gress, and supporting for office those who do, can be accounted for only upon the suppo- sition that they take reputation for talents, and professions of patriotism with experience in politics, as conclusive evidence of fitness for office antl have not studied the subject f-. xtz l. .I