9 < words, according to certain commentators, convey a plenary power.on all subjects, and are applicable to all cases that come within the jurisdiction of the national legislature, it would be quite unnecessary to look further. This would be economical, withal—saving much precious time to the people’s representatives, which otherwise might be squandered in wandering about the constitutional kingdom in search (as well search for the lost pleiad) of the enumerated powers, which, unfortunately, have been swallowed up by the implied powers discovered in the words “common defence and general welfare.” Let us suppose the doctrine here combatted to be established and carried out into practical legislation. Congress is applied to by a number of influential individuals for an act of incorporation, granting to them and to their successors and assigns forever, the sole and exclusive right, extending to all the States in the Union, of smelting iron ore with anthracite coal, and of manufacturing the same. The memorialists set forth in their petition the immense benefits that would result to the nation from their contemplated enterprise. They dwell upon the advantages incident to associated capital, and concentrated wisdom and.industry. • They represent, that the mining interest of the country would be benefitted in proportion to the extent of the monopoly—inasmuch as the products of the iron and coal mines would ever find a ready, market at the company’s works; that the public in general would be enabled to obtain the manufactured articles at a much cheaper rate and of a better quality ; and that, in time of war, arms and ordnance could be furnished with greater facility, and of superior temper and calibre. The' States, notwithstanding all these plausible representations, remonstrate—individuals remonstrate. The States urge that the grant would be a violation of their reserved rights, and the principle upon which the Union was founded; and demand of Congress'the source whence the power is derived to grant such charter of incorporation ? Congress very complacently point them to the potent words 11 common defence and general welfare,” and the thing is settled. Individuals represent, that an equality of civil and political rights constitute the basis of purely democratical governments ; that none but equal laws can legitimately-flow from the principle of equal rights ; and that all laws, which invade that principle, conflict with the spirit of our institutions, and are, to all intents and purposes, legislative frauds upon the rights of the people ; and, consequently, utterly destitute of constitutional sanction. „ They •further show, that an exercise of power, such as asked for by the petitioners, would confer exclusive privileges and legislative favors—infringe on their natural and political rights—-violate the sacred principles of justice and political equality, and, for this reason, be clearly unconstitutional. But Congress, regardless of the truth and propriety of these representations, grant the charter of incorporation, and when called upon to show their constitutional right to do so, triumphantly refer to the magical words “common defence and general welfare,” and there the matter ends. I have put this case for the purpose of illustrating the evils consequent upon an assumption of power, such as contended for by those who maintain that the clause we have been examining authorizes Congress to establish a federal bank. And, as legislators are as much subject to infirmities as other men, and the world not having, as yet, approached that desirable state of which Plato dreamed—“ the perfectibility of man”—it is not only possible, but very probable, that cases of this kind might frequently happen. Nor can those who contend for the principle which merges all power in the words “ com-
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