The Arkansas banner., 1844-05-22

the hopes of the patriots and phianthropists throughout the world, were suspended for an alarming period. Ultimately the Democratic l party succeeded in establishing the Constitl- i ton as 1t is, i'll which no superiority is ac- knowledged among its ctizens-the rich and the poor, the humble and the exalted meet upon the broad platform of the Constitution, claiming and entitled to equal rights and privi- leges. After this struggle had terminated, ii
 was iondly hoped that nothing would occur
 to unsetile the harmony of affairs. This
 hope was notlong ndulged i'll. Immediately
 after the government went into oPerallon-
 some of its vital parts were placed under the
 control of Alexander Hamilton, the leader oi
 the Federalists in the convention, and whose
 powerful native intellect, connected with vast improvements made is impress upon every
 tbino it touched He Immediately adopted a
 broad construction of the Constitution, for
 the purpose, no doubt, of accomplishing as
 far IS possible what he had failed to oproduce i in the conyention-tO strengthen the EXecu- tive arm-concentrate all the powers of the government at one point-reduee the bowers of the State goyernmcnts-maie them petty and contcmptible, and thereby remove the government from the control of the people. This broad construction has been the govern inc principle of the Federal party from that day to this; and in direct opposition to the strict construction contendcd for by the De- mocratic RaItv Ii Is under this broad coll siuction of the Constitution that the Federal ists eontended for the power to create Bank of the United States-that lawof taxation,
 in the form of Tariff for protect on was a
 legitimate subject for legislation. And it was 4nder this broad construction, that nearly all the dangerous measures of the Federal party originated, which has done so much 10 alie- nate one portion of our common country from the other, and which has brought the government, upon several occasions, 10 the verge of destruction. If, in the beginning of the government, as well as in l798-99 and 1900, this broad construction made men Fede- ralists, ask. if 1t does not make them Fede- ralists in 1S44? The principle is the same. Who is i that Is contending fer this broad construction of the Consiitution2 It is not the Democratic party IL is none of the leaders of that party. But 1t is Henry Clay, John c. Adams, Daniel Webster, John Davis, Sc. two ot whom are now candidates oi the Whig party for President and Vice President of the United States Who is it that is coll tending. under this latiudnarian construe- ton, for the power 10 establish Bank of the United States answer, the Whig candi- dates for President and Vice President-con- tending for principles that so cmincndy dis tinguished the cid Fedefalists Under what clause in the Constitution do they derive the power to aulhorise. Congress 10 charter a Bank of the United Statesi All will agree the power Is net expressly granted. One of the leaders of the Whig party says, tie clause in the Constitution that gives Congress sspoW
 debts of the United S;ates,o authorizes the creation of a Bank. Another distinguished leader declares the clause authorizing Con- gress to 'borroW money," gives the power to create Bank. ! ct another, differing with the former, declares that 1t arises under the clause, ito regulate commerce with foreign nations, and among the States, and with the
 Indian tribes.n This cannot be SO. '.To erect Bank and regulate commerce, are very different acts. He who erects Bank, creates a subject of commerce i'll its bills :: so does he who makes bushel of wheat, a bale of cotton, or digs a dollar out af the mines.n ssYet neither of these powers rc9u- ! late commerce therobv.1 Still another de- elares the power to erect Bank Is to be found in the clause that authorizes Congress ''to lay taxes, to provide for the general well fare of the United States" That is to say, ito lay taxes for tte pmpos3 of providing for the general weliare2 ''For the laying of taxes is the poleer, and the general welfare the purpose for which the power is to be eX- ereised. Congress Is not 10 lay taxes, ad H5j'am, for any purpose they please; hut , only to pay tfe dc5ts orProri3e for ttc gca- eral 3celfdre of the Union. In like manner, they are not to do any thing t4ey please, to provide for the general welfare, but only to ! lay taxes for that purpose.n Thus 1t is mani fest that this clause does not give Congress power to charter Bank Another clause in
 the Constitution uader which some one of the leaders contend for the power, is, 'aHo make all laws aeceSsarg and proper for car I rying into execution the enumerated poWersn But they can all be carried into execution
 without a Bank. A Bank, therefore, is not aeces&ary, and consequently, not authorised
 by this phrase. Thus, gentlemen, we see that no two of them agree upon the clause under which the power to create Bank arises If the power to charter Bank is so doubtful, that its friends cannot agree upon the clause in the Constitution under which il arises, Congress ought to abst2in from ex- ercising ii. For any government bound by a written Constitution, must depend, for is permaneney upon the invioability of that in- strument In l8ll, when the Bank question
 was under investigation in Congress, Henry Clay, with great boldness, declared that the power to charter a Bank of the United States,
 was a ''yagrant power; and after having wandered throughout the whole Constitution in quest of some congenal spot to iaSten upon, has been at length located, by the gen. man from Georgia, on that provision which authorses Conaress to laN and collect taNes.