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.
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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
government of the land and naval forces, which it is said is incidental
to the power to raise armies and provide a navy, is given as an example.
What does this prove? How extremely cautious the convention were
to leave as little as possible to implication. In all cases where
incidental powers are acted on, the principal and incidental ought
to be congenial with each other, and partake of a common nature. The
incidental power ought to be strictly subordinate, and limited to the
end proposed to be attained by the specific power. In other words,
under the name of accomplishing one object which is specified, the
power implied ought not to be made to embrace other objects which are
not specified in the constitution. If then, as is contended, you could
establish a bank to collect and distribute the revenue, it ought to be
expressly restricted to the purpose of such collection and distribution.
It is mockery worse than usurpation, to establish it for a lawful
object, and then to extend it to other objects which are not lawful. In
deducing the power to create corporations, such as I have described it,
from the power to collect taxes, the relation of principal and incident
are prostrated and destroyed. The accessory is exalted above the
principal. As well might it be said that the great luminary of day is
an accessory, a satellite to the humblest star that twinkles forth its
feeble light in the firmament of heaven.
‘Suppose the constitution had been silent as to an individual
department of the government, could you, under the power to lay and
collect taxes, establish a judiciary? I presume not; but if you could
derive the power by mere implication, could you vest it with any other
authority than to enforce the collection of the revenue? A bank is made
for the ostensible purpose of aiding in the collection of the revenue,
and whilst it is engaged in this, the most inferior and subordinate
of all its functions, it is made to diffuse itself throughout society,
and to influence all the great operations of credit, circulation, and
commerce. Like the Virginia justice, you tell the man whose turkey
had been stolen, that your books of precedents furnish no form for his
case, but then you will grant him a precept to search for a cow, and
when looking for that he may possibly find his turkey! You say to this
corporation, we cannot authorize you to discount――to emit paper――to
regulate commerce――no! our book has no precedents of that kind. But
then we can authorize you to collect the revenue, and whilst occupied
with that, you may do whatever else you please.
Public-domain text, read in full here on John Shaqi.
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