Thomas Jefferson, the Apostle of AmericanismChinard, Gilbert
History
Thomas Jefferson, the Apostle of Americanism
Chinard, Gilbert
Jefferson, Thomas, 1743-1826
Jefferson started out by enumerating the different measures included in
the Bank Bill, pointing out _en passant_ that they were intended to
break down the most ancient and fundamental laws of several States, such
as those against mortmain, the laws of alienage, the rules of descent,
the acts of distribution, the laws of escheat and forfeiture, the laws
of monopoly. He then demonstrated to his own satisfaction that power to
establish such an institution was neither specifically declared nor
implied in any article of the Constitution. The only general statement
that could be construed as authorizing it was a mention "to make all
laws _necessary_ and proper for carrying into execution the enumerated
powers." Finally he undertook to prove that the bank might be
convenient but was in nowise necessary. The conclusion was obvious after
these very closely knitted pieces of legal reasoning: "Nothing but a
necessity inevitable by any other means can justify such a prostitution
of laws, which constitute the pillars of our whole system of
jurisprudence." The President's veto could clearly be used in that case,
since that was the buckler provided by the Constitution to protect it
against the invasions of the legislature.
[Illustration: ALEXANDER HAMILTON
_From the painting by John Trumbull in the possession of the Essex
Institute, Salem, Mass._]
Jefferson could and perhaps should have stopped there. But he was far
from certain that Hamilton's views would not prevail, and in that case
he would have committed himself irrevocably. This he did not wish to do.
He consequently provided at the end a way of escape for himself as well
as for the President:
It must be added, however, that unless the President's mind on a view
of everything which is urged for and against this bill, is tolerably
clear that it is unauthorized by the Constitution; if the pro and the
con hang so even as to balance his judgment, a just respect for the
wisdom of the legislature would naturally decide the balance in favor
of their opinion. It is chiefly for cases where they are clearly
misled by error, ambition, or interest, that the Constitution has
placed a check in the negative of the President.
This was very adroit, almost too adroit. It was the answer of a master
politician. Whether it was absolutely straightforward is a very
different question. Jefferson, who so often accused others of being
"trimmers", was undoubtedly open to such an accusation himself.
With the opinion of Randolph and Jefferson before him, the President
asked Hamilton, as sponsor of the bill, to present his rejoinder in
writing. On the twenty-third he submitted his famous "Opinion as to the
Constitutionality of the Bank of the United States" in which he
developed the doctrine of "implied powers."
Public-domain text, read in full here on John Shaqi.
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