4. To transmit these lands, on the death of a proprietor, to a certain
line of successors; and so far, changes the course of Descents.
5. To put the lands out of the reach of forfeiture or escheat; and so
far, is against the laws of _Forfeiture_ and _Escheat_.
6. To transmit personal chattels to successors in a certain line; and so
far, is against the laws of Distribution.
7. To give them the sole and exclusive right of banking under the
national authority; and so far, is against the laws of Monopoly.
8. To communicate to them a power to make laws paramount to the laws of
the States; for so they must be construed, to protect the institution
from the control of the State legislatures; and so, probably, they will
be construed.
I consider the foundation of the constitution as laid on this ground,
that all powers not delegated to the United States by the constitution
nor prohibited by it to the States, are reserved to the States or to
the people.' (Twelfth amendment.) To take a single step beyond the
boundaries thus specially drawn around the powers of Congress, is to
take possession of a boundless field of power, no longer susceptible of
any definition.
The incorporation of a bank, and the powers assumed by this bill,
have not, in my opinion, been delegated to the United States by the
constitution.
I. They are not among the powers specially, enumerated. For these are,
1.
Pages:
855
856
857
858
859
860
861
862
863
864
865
866
867
868
869
870
871
872
873
874
875
876
877
878
879