A Biography of Henry Clay, the Senator from Kentucky: Containing Also, a Complete Report of All His Speeches; Selections From His Private Correspondence; Eulogies in the Senate and House; and a Poem, by George D. Prentice, Esq.
History
A Biography of Henry Clay, the Senator from Kentucky: Containing Also, a Complete Report of All His Speeches; Selections From His Private Correspondence; Eulogies in the Senate and House; and a Poem, by George D. Prentice, Esq.
Clay, Henry, 1777-1852; Speeches, addresses, etc., American
furnishing good and valid ground of alarm, and legitimately calculated
to awaken patriotic opposition. But his greatest fundamental objection
was one which he derived from the constitution itself, and one which he
urged with a vehemence sure to prevail. He maintained that no specific
provision was found in that instrument, authorizing or permitting
the charter of the bank, neither could it be so construed as to imply
the power to that effect. In opposing, therefore, the renewal of its
charter, his remarks were principally confined to the objectionable
feature of its unconstitutionality; and they furnish one of the
strongest arguments against a national bank ever made, and one that
is often referred to as authority of a high order. It may be well to
insert a portion of his speech, illustrative of their pertinence and
beauty.
‘This vagrant power to erect a bank, after having wandered throughout
the whole constitution in quest of some congenial spot to fasten upon,
has been at length located, by the gentleman from Georgia, on that
provision which authorized congress to lay and collect taxes. In 1791
the power is referred to one part of the instrument, and in 1811 to
another. Sometimes it is alleged to be deducible from the power to
regulate commerce. Hard pressed here, it disappears, and shows itself
under the grant to coin money.
‘What is the nature of the government? It is emphatically federal,
vested with an aggregate of specific powers for general purposes,
conceded by existing sovereignties, who have themselves retained what
is not so conceded. It is said that there are cases in which it must
act on implied powers. This is not controverted, but the implication
must be necessary, and obviously flow from the enumerated power with
which it is allied. The power to charter companies is not specified
in the grant, and I contend is of a nature not transferable by mere
implication. It is one of the most exalted acts of sovereignty. In
the exercise of this gigantic power we have seen an East India Company
erected, which has carried dismay, desolation and death, throughout
one of the largest portions of the habitable world――a company which is
in itself a sovereignty, which has subverted empires, and set up new
dynasties, and has not only made war, but war against its legitimate
sovereign. Under the influence of this power we have seen arise a South
Sea Company, and a Mississippi Company, that distracted and convulsed
all Europe, and menaced a total overthrow of all credit and confidence,
and universal bankruptcy. Is it to be imagined that a power so vast
would have been left by the constitution to doubtful inference? It
has been alleged that there are many instances in the constitution,
where powers in their nature incidental, and which would necessarily
have been vested along with the principal, are nevertheless expressly
enumerated, and the power to make rules and regulations for the
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