fcxiftence of government—from the expediency
of the measure itfelf—and from precedents of
Congress—to which may be added, a similar ex
ercile of authority by Congress, under the for
mer confederation.
Obfervatior.s arising from the constitution it*
felf were of two kinds : The right of exercising
this authority is either exprelfed in the constitu
tion, or deducible from it by necetfary implica
tion. One gentleman only, from Maflachufetts
(Mr. Sedgwick) has ventured to aflert, that dis
carding the doctrine of implication, he could
show that the right to exercise the authority con
tended for, was expressly contained in the con-
Ititution ; this I presume mufl have been a mis
take in language, becaufethe difference between
an express, and an implied authority appears to
liie to consist in this ; in the one cafe the natural
import of the words used in granting the author
ity, would of themfelves,convey a compleat idea
to the mind, of the authority granted, without the
aid of argument or dedu&ion ; in the other, to
convey a compleat idea to the mind, the aid of
argument and deduc r tion, is found neceflary to
the usual import of the words used ; and that
gentleman proceeded with a laboured argument
to prove that the authority was expressly granted,
which would have been totally useless if his as
sertion had been just.
(Mr, Sedgwick rose to explain—he never con
ceived the authority granted by the express words
of the constitution, but absolutely by necellary
implication from different parts of it.)
I lhall not contend as to the affertioii; but shall
proceed toconlider the arguments in favor of the
measure upon the dodrine of implication—which
indeed are those only which deserve considera
tion.
]n doing this, Ifhall consider the authority con
tended for, to apply to that of granting charters
of incorporation in general ; for I do not recoi
led: any circumstance, and I believe none has
been pretended, which could vary this cafe from
the general exercise of that authority. To es
tablish the affirmative of this proposition, argu
ments have been drawn fromfeveral parts of the
constitution—the context has been resorted to.
[IVe, the people oj the United States, in order to jorm
a more perfect union, ejiablifh jujlice, injure domeflic
tranquility, provide for the common defence, promote
the general welfare, and secure the blefings of liberty
to ourselves and our pojlerity, ire.] It has been re
marked, that here the ends for which this govern
ment was created are clearly pointed out—the
means to produce the ends are left to the choice of
the legislature, and that the incorporation of a
bank is oneneceflary mean to producethefe gene
ral ends. It may be observed in reply,that the con
text contemplates every general objeifl of go
vernment whatever; and if this reasoning were
to be conclusive, every objed of government
■would be within the authority of Congress, and
the detail of the constitution would have been
■wholly unneceflary farther than to defig.natethe
several branches of thegovernment, which were
to be intrusted with this unlimited, discretion
ary choice of means to produce these fpecified
ends : The fame reasoning would apply as forci
bly to every clause in the constitution, restrain
ing the authority of Congress as to the present
cafe, or to any other one in which the constitu
tion is silent. The only candid conftrudion ari
sing from the context appears to me to be this,
it is designed, and it is the known office of every
member to point out the great obje<fts proposed
to be answered by the subsequent regulations of
which the constitution is composed. These re
gulations contain the means by which these ob
jeds are presumed to be belt answered : These
means consist in a proper diftribuiion of all go
vernmental rights between the government of
the United States and the several state govern
ments, and in fixing limits to the exercise of all
authorities granted to the government of the
United States ; the context therefore gives no
authority whatever, but only contemplates the
ends for which certain authorities are subse
quently given. Argumentsdrawn from this source
appear to me to be ineffedual in themselves,
and the reliance of gentlemen upon them, indi
cates a suspicion and distrust of such as may be
drawn from other parts of the constitution.—The
advocates of the bill have'turned away from this
context, and have applied to the body of the
conftitutioli in search of arguments : They have
fixed upon the following clauses, to all or some
one of which they alTert the authority contended
for is.clearly incidental—the right to lay and
coiled taxes, &c. &c.—to provide for the common
defenceandgeneral welfare, &c.—to borrow mo
ney, &c.—to regulate con>merce with foreign na
tions, &c, Thebill contemplates neither the lay
ing or colleding raxes, and of course it cannot
be included in that clause ; indeed it is not pre
tended by the bill itfelf, to be at all neceflaryto
produce either of those ends—the fartheft the
idea is carried in the bill is, that it will tend to
give a facility to the ccllellion. The terms, (common
tlefence and general wrljare) contain no grant of
any fpecific authority, and car. relate to such on
ly as ,are particularly enumerated and lpecified.
7o borrow money,—gentlemen have relied much
upon tills clause, tlieir reasoning is, that a right
to incorporate a bank isincidental to that of bor
rowing money, because it creates the ability to
lend, which is necellary to effectuate the right
to borrow. lamat a loss to discover one single
relation between the right to borrow, and the right
to create the ability to tend, which is neceflary to
exilt between principal and incident: It appears
to me that the incidental authority is paramount
to the principal,for the right of creating the abi
lity to lend is greater than that of borrowing
from a previoully exilting ability ; I (hould there
fore rather conclude that the right to borrow, if
there be a connection at all, would be incidental
to the right, to grant charters of incorporation,
than the reverse of that proposition, which is
the doctrine contended for by the advocates of
the tneafure ; the fame reasoning which would
eftablilh a right to create the ability to lend,
gvould apply more strongly to enforce the will
after the ability be created, because the creator
would have a claim of gratitude at least upon the
created ability, which it withheld, perhaps with
justice might be infilled on. To regulate commerce
with foreign nations : This is by no means a fa
tisfacftory ground for the aflumption of this au
thority, for if it be deemed a commercial regula
tion, there is a clause in the constitution which
would absolutely inhibit its exercise : lallude to
that clause which provides that no preference
fball be given by any regulation of commerce or re
venue to the ports of one State over those of
another ; and it seems to be admitted that one
principal effect to be produced by the operation
of this measure, will be to give a decided com
mercial preference to this port over every other
in the United States.
Gentlemen finding it difficult to fliow that ne
ceflkry relation and intimate connexion between
the authority contended for, and any one of the
fpecified authorities before mentioned, which
would be essential to the eftablilhment of their
do<flrine,ha ve referred to what has been generally
called the fweepiug clause, and have made de
ductions from the terms necejfary and proper ;
they have observed, that certain fpecified au
thorities being granted, all others neceflary to
their execution follow without any particular
fpecification. This observation may in general
be true, but its fallacy here conflfls in its appli
cation to this particular cafe. It cannot be ap
pli ed until the exercise of this authority be pro
ved to be necessarily connected with some one of
the previously enumerated authorities—and here
the argument as well as the fadt fails : The au
thority contended for seems to me to be a dis
tinct substantive branch of legislation, and per
haps paramount to any one of the previouflv
enumerated authorities, and should therefore not
be usurped as an incidental subaltern authority.
I am confirmed in thisopiuion, from the indif
tindl confufed conceptions of gentlemen who ad
vocate themeafure ; they rely upon the incident
ally of this authority to some one of those par
ticularly fpecified, and yet have applied it as an
incident to several diftind, unconnected fubjecfts
of legislation ; and then diftruiting their own
conclulions, or as if the inquiry would be too
troublefoine or minute, they leave this ground,
and aflert that it is incidental to the result of the
whole combined fpecified authorities : Gentle
men mult therefore view this right through dif
ferent optics at different times—or what I rather
believe to be the fad:, they have no diitinct view
of it at all, the right having no exiftenee.
(To Ii continued.)
LONDON, Feb. 9
THE Duke of Portland, Mr. Fox, Lord Stor
niont, Mr. Burke, joined to the leading men
of the present ministry, would render opposition
so trifling, that danger might result to the coun
try. The best of administrations ought to be well
watched.
The Indians have an idea that Monkies are a
species of men, and fliould be made to work.
The experiment haslongbeen tried in this coun
try without any effect !
A lady paraded the streets on Sunday in a white
muslin cloak of a new form. It was made exact
ly in the form of a surplice, and from appearan
ces, moll people who saw the lady, were inclined
to think flie would take orders, and had every
qualification for going through the service !
The fpeciesof beet, which was philanthropical
ly puffed by the name of the Root of Scarcity, is
now discovered to be good for so little, thatapeck
of potatoes are worth ten acres of it.
The Six Cherokee Chiefs still remain in town,
but are now quiteoutof falhion !
The following articles were stolen last month
from a French lady of quality at Marli.
A ring, white brilliants, weight 35 grains.
Ditto brilliant, jo grains.
A rofe,of"s2B brilliants, the center-jewel weigh
ing near 24 grains.
Kuckles, compof'ed of 84 brilliants, weight 77
carats.
Girandoles, brilliants, value 120,000 livres.
802
A chain, containing 200 pearls.
Pictures of Louis XlVth, and XVih, richly
mounted, &c. &c.
The whole perhaps the most superb private
cabinet in Europe.
The fictions of law are now out-done by more
fafhionable fictions. A man who has cut his
throat dies by the visitation of God—and another
who hanged liimfelf, expired after a fliort illness.
The Municipality of Paris have publilhed a
proclamation against the sale of indecent books
and pictures—Something of this kind is very
much wanted in London, where the evil is grown
to a moit atrocious height.
The advice of Mr. Fox to take no farther no
tice of Home Tooke's petition is founded on
wisdom, and we may add experience. Had Mr.
Wilke's writings been served so, he would not
at this time have been Chamberlain of London
or even one of its aldermen. The populaceknow
no difference between a just prosecution, and a
cruel prosecution, and take part with the suppo
sed fufferer whether right or wrong.
The king of France seems now perfectly re
conciled to the revolution, and when this, after
a long state of probation, is confirmed, the as
sembly, it is said, mean to extend the preroga
tive in some refpecfis.
Powderham-Caftlt, February
Yesterday evening a molt alarming accident
occurred at this venerable feat, which had very
nearly proved fatal. As the Hon. Miss Courte
nay was standing near the drawing-room fire in
earnest conversation with another lady, her
cloaths unfortunately caught the blaze, and (he
was almost instantly inveloped in flames. Lord
Courtenay, who was happily in the room, with
wonderful presence of mind, threw his terrified
relative down, and instantly rolled the carpet
round her, and with the timely assistance of the
company, soon extinguilhed the flames. Miss
Courtenay is however dreadfully burnt in the
face, neck and arms. His Lordlhip's hands and
face are likewise much injured.
It is but two years ago that a beloved filter of
his Lordlhip's was burnt to death in London, by
her clothes taking fire, whilftfhe was dreflingto
go to St. James's on her Majesty's Birth-Day.
Feb. ii. Letters from Madrid of the Bth of
January, mention that the spirit of reformation
has spread so generally through Spain, that the
government are taking every precaution to pre
vent its dreaded consequences : several people
have been banished for speaking and writing toa
freely.
Feb. 12. Some dispatches of the last importance
were received yesterday from France, which
were communicated to his Majesty at the Levee.
The fubltance of these dispatches werelaft night,
reported to be, that the Duke of Orleans had
been discovered in Paris to ad: a part which was
thought inimical to the new government, and
that the populace had, in resentment, put him
to an ignominious death. Letters were received
in town yesterday, by the way of Dieppe, which
are also laid to contain this melancholy intelli
gence. It will give us real pleasure to be able
to contradi«fi this tale, andcompofe the minds of
this illustrious personage's friends in London.
The holy inquisition of Rome, being unable
to substantiate any irreligious charges against
poor Caglioftro, have turned him over to the ci
vil power on an accusation of high treason ; tho'
it is generally believed that the charge is brought
only to harrafs him, and as an excufe.for shut
ting him up in a most horrid dungeon.
Last night Capt. Bowles, chief of the embafly
of the Creeks and Cherokee Indians, was initi"
ated into the mysteries of Free Masonry.
FRANCE
NATIONAL ASSEMBLY, Jan. 27.
The King's JVLjfage to the Emperor of Germany.
A LETTER, bearing the name of Leopold, to
the King of France, on the fubjecfl of the claims
which the Princes and different members of the
German empire make to their pofl'effions in Al
sace, having been printed in the public papers
foine days ago, with many corruptions of the
text, the King sent a translation of the original
which is in latin, to the National AfTembly. This
communication was accompanied with a declara
tion from his Majesty, that he looked upon this
letter from Leopold, in no other light, than as an
official measure, as Emperor of Germany, and
that it was preceded and followed by the most
fatisfadlory afl'urance of pacific intentions. And
he takes the fame opportunity of profeffing that
such seems to be the dispositions of all the other
principal courts of Europe.
Immediately after the reading of this letter, a
decree pafled on the motion of the military com
mittee, for augmenting the fifty thousand fufees,
ordered by a decree of the 18th of December, to
be distributed among the National Guards, of the
kingdom to ninety-eight thousand. Of these
fufees, the officers of the departments, diftri&s,
and municipalities, are to be the guardians ; th«
names of the citizens to whom they are entrusted,
are to be registered ; and, whoever is couvitSea
of felling his fufee, is to be rendered incapable
of bearing arms for three years.