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.
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