The Life of George Washington, Vol. 4: Commander in Chief of the American Forces During the War; which Established the Independence of his Country and First; President of the United StatesMarshall, John
History
The Life of George Washington, Vol. 4: Commander in Chief of the American Forces During the War; which Established the Independence of his Country and First; President of the United States
Marshall, John
Generals -- United States -- Biography; Presidents -- United States -- Biography; Washington, George, 1732-1799
The first was considered as a demerit. The second, it was said, might
be effected by other means. Bills of exchange and treasury drafts
would supply the place of bank notes. Perhaps indeed bank bills would
be a more convenient vehicle than treasury orders; but a little
difference in the degree of convenience can not constitute the
_necessity_ which the constitution makes the ground for assuming any
non-enumerated power.
Besides, the existing state banks would, without doubt, enter into
arrangements for lending their agency. This expedient alone suffices
to prevent the existence of that _necessity_ which may justify the
assumption of a non-enumerated power as a means for carrying into
effect an enumerated one.
It may be said that a bank whose bills would have a currency all over
the states, would be more convenient than one whose currency is
limited to a single state. So it would be still more convenient that
there should be a bank whose bills should have a currency all over the
world; but it does not follow from this superior conveniency, that
there exists any where a power to establish such a bank, or that the
world may not go on very well without it.
For a shade or two of convenience, more or less, it can not be
imagined that the constitution intended to invest congress with a
power so important as that of erecting a corporation.
In supporting the constitutionality of the act, it was laid down as a
general proposition, "that every power vested in a government is in
its nature _sovereign_," and includes by _force_ of the _term_, a
right to employ all the _means_ requisite and _fairly applicable to_
the attainment of the _ends_ of such power; and which are not
precluded by restrictions and exceptions specified in the
constitution, are not immoral, are not contrary to the essential ends
of political society.
This principle, in its application to government in general, would be
admitted as an axiom; and it would be incumbent on those who might
refuse to acknowledge its influence in American affairs to _prove_ a
distinction; and to show that a rule which, in the general system of
things, is essential to the preservation of the social order, is
inapplicable to the United States.
Public-domain text, read in full here on John Shaqi.
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