The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-03-30
CORPORATIONS, AND INTERNAL I'M
PROYEMRNTS

CORPORATIONS, AND INTERNAL I'M
| PRoyEMENTs.
book has been placed upon our table which
we ure requested to notice. Il is "The Govern,
mental Instructor, or a brief and comprehensive
view Of the Government Of the United States, and
of the State Governments, in easy Lessons, design
ed for the use of schools by ]. B. Shurtleif." Il
has been translated into the German language, and
published under the tile of the "Kisia Saaismann
Il comes recommended to US by numerous cerih
Gates from the State of New York. The author
appears to be an honest and amiabe man. The OBJ
jeet is meritonous, in furnishing a good schoo
book, at the very modemte price Of 37i cents. II
embraces the constitution of the United States, with
analysis offs departments and its powers and also
a similar exposition Of the constitutions OF the sew
cru Estates, with table Of the last census, &c. Al
the foot of each page is list of questions intended
to draw from the scholar tho statements and prn-
cples expounded in the text. The whole work
seems to be clearly drawn up and faithfully stated
and 1t would have given US great pleasure to have
recommended 1t without qualification. But there
two positions nits 84th and S5th pages, against
which IL becomes our duty TO enter our respectful
but decided protest. The first passage is as fol.
lows
"AUKILIAAr AND IMPLIED POWERS OF CONGRESS.
"The several specified powers Of Congress hav.
ing been enumerated, the constitution concludes by
giving general authority 10 Congress TO make al
laws which shall be necessary and proper for car
rying into execution the foregoing powers, vested
by the consultation in the government Of the United
States, or in any department ofics thereof
sn... ~ H.. - = u
power TO erect corporations.
"a corporation Is an artificial person. A corpor-
alton ID generally composed Of several individuals
and Is then called u corporation aggregate. A bank
Is corporation aggregate"
| The following IL the other passage to which we
object
INTERNAL IMPROVEMENT.
"The question whether Congress has power "a
make appropriations Of money for internal improve.
ments, has undergone much discussion. IL the i'm.
provement is Of local nature, and Of local benef
only, Congress undoubtedly has no power to make
any appropriation for such purpose.
but, II the improvement ID Of general nature
and Is, or will be, OF general use TO the United
| States, Congress has power TO make all necessary
| appropriations TO carry 1t on"
We shall, as the vulgar adage says, try to skill
two birds with stone" and that stone is dug Out
Of the nestmable quarry of "Ths Madison Papsr,.
We shall enter into no elaborate arguments upon
the subjeet-no hnesPun expoairions Of the consti.
tution-but content ourselves with laying before
our readers the following historical facts, drawn
from the archives Of the federal convention ofl767
showing that the powers TO establish corporation,
and to carry on internal improvements, were pro-
posed in the convention which framed the constitu-
tion, and were rejected
p. l353-'54, (o6 the Madison papsrs.) "Mr. Madi-
son submitted, in order to be referred to the Com
mitiee Of Detail, the following powers as proper 10
be added TO those Of the general legislature. Among
these the power 10 grant charters of corpora
lion in cases where the public good may require
| them, and the authority Of single State may be
incompetent"
On the same day Mr.. Pinekney submitted also
certain propositions, among which was the power
ITO grant charters ofincorporation."
These various propositions were referred to the
| Committee Of Detail on the 18th August 1887. On
the 18th September, the committee on the Style of
the Constitution, &c, reported the draft of the constr
tuition, which embraced neither Of these provisions.
On the 18th September, the following proceedings
took place in the convention:
doctor Franklin moved to add after the words
Ii o, u
for cutting canals, when deemed necessary
"Mr. Wilson seconded the motion.
"Mr. Sherman objected The expense in such
cases will tall on the United States and the benefit
accrue to the places where the canals may be cut.
"Mr. Wilson. Instead of being an expense to
| the United States, they may be made a source Of
| revenue.
"Mr. Madison suggested an enlargement of the
molten into power to grant charters Of incorpo-
ration where the interest OF the United States might
require and the Legislative provisions of individual
States may be incompetent His primary object
| was, however, to secure easy communication
between the States which the free intercourse now
to be opened seemed to call for. The political OBJ
| stacles being removed, a removal Of the natural
ones, far as possible, ought to follow.
"Mr Randolph seconded the proposition.
MIR King thought the power unnecessary.
"Mr Wilson. tits necessary to prevent Stale
from obstructng the general welfare.
"Mr. King. The States will be prejudiced and
divided into parties by it. In Philadelphia and
New York it will be referred to the establishment OF
bank, which has been a subject of contention in
those cities. In other places it will be referred to
mercantile monopoles.
"Mr. Wilson mentioned the importance of facili-
tating, by canals, the communication with the west
ern settlements. AS to banks, he did not think,
with Mr.. King that the power in that point of view
would excite the prejudices and parties apprehended.
As to mercantile monopolies, they are already in
cluded in the power TO regulate trade.
| "Col. Mason was for limiting the power to the
single case of canals. He afraid Of monopolies
of every sort, which he did not think were by any
means already implied by the constitution, as sup.
posed by Mr.. Wilson.
"The motion being so modified to admit a
distinct question, specifying and limited to the case
| of canals,
| pennsylvania, Virginia, Georgia, ay 3; New
| Hampshire, Massachusetts, Connecticut, New Jer-
sey, Delaware, Maryland, North Carolina, South
Carolina, no 8.
"The other part fell, of course, as including the
power rejected" ..
Thus it appears, that the power to establish eorpo-
raiions among other purposes, to cut canals, and to
secure an easy communication between the States was
refused by the convention Admit even that Congress,
has the power to establish local corporation-a
bank, for instance, for the local purposes of the
District of Columbia--yet Congress has no power to
establish national corporation, a national bank
for example. Congress seems to have no power tc