To charter a bank was not among the powers given to
the National Government, but was "implied," as Marshall held. The
decision gave great offence to the particularists and called general
attention to this silent Union-making factor. Various Southern writers
took up pens against this new menace to individual rights. Some State
Legislatures adopted protests. Madison alluded sarcastically to the
"projectile capacity" of the court, whereby it extended the power of
Congress from the exclusive jurisdiction reserve of ten miles square
constituting the District, even to the uttermost parts of the country.
The "twistifications" of Marshall, said Jefferson, showed how
dexterously he could reconcile law to his personal biasses. Indeed,
Jefferson confessed that he did not look for unbiassed opinions between
the National Government, of which the court was so eminent a part, and
individual States, from which they had nothing to fear. "They are then
in fact the corps of sappers and miners," said he, "steadily working
to undermine the independent rights of the States, and to consolidate
all powers in the hands of that Government in which they have so
important a freehold estate.
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