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
Since it must be conceded that implied powers are as completely
delegated as those which are expressed, it follows that, as a power of
erecting a corporation may as well be implied as any other thing, it
may as well be employed as an _instrument_ or _mean_ of carrying into
execution any of the specified powers as any other _instrument_ or
_mean_ whatever. The question in this as in every other case must be,
whether the mean to be employed has a natural relation to any of the
acknowledged objects or lawful ends of the government. Thus a
corporation may not be created by congress for superintending the
police of the city of Philadelphia, because they are not authorized to
regulate the police of that city; but one may be created in relation
to the collection of the taxes, or to the trade with foreign
countries, or between the states, or with the Indian tribes, because
it is in the province of the federal government to regulate those
objects; and because it is incident to a general sovereign or
legislative power to regulate a thing, to employ all the means which
relate to its regulation, to the best and greatest advantage.
A strange fallacy seems to have crept into the manner of thinking and
reasoning upon this subject. The imagination has presented an
incorporation as some great, _independent, substantive_ thing--as a
political end of peculiar magnitude and moment; whereas it is truly to
be considered as a quality, capacity, or mean to an end. Thus a
mercantile company is formed with a certain capital for the purpose of
carrying on a particular branch of business. The business to be
prosecuted is the _end_. The association in order to form the
requisite capital is the primary _mean_. Let an incorporation be
added, and you only add a new quality to that association which
enables it to prosecute the business with more safety and convenience.
The association when incorporated still remains the _mean_, and can
not become the _end_.
Public-domain text, read in full here on John Shaqi.
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