Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1811-06-24
it be not now proper if it can be proved al
most indispensably necessary?


most indispensably necessary
The first question, whether the general go
vernmcnt, when it first came into operation,
did not possess the power of creating natl
cnal bank, is the primary. object Of investiga-
ton. In objection to this it has been said
that To carry into effect an enumerated pow
er IS one thing, and the right to incorporate
bank is distinct power. Those who take
this ground say that the creation of nation
al bank is an original, independent and sub
stantive power. 1t is not sufficient, saw they.
to shew that it is convenient instrument TO
carry into effect an enumerated power, be-
cause it is an independent authority of itself,
and the genius of our government prohibits
the derivation of any powers b. implication
with scrupulous limitation. 1t is true, sir,
thatour government, being an emanation from
the existing state governments, the rational
construction is that all power not given a.
way is retained to them or to the people. If
that construction does not result, then po-
sltive amendment, which has been made to
the constitution has infused this principle
INTO it. therefore admit in its fullest lati-
tude the construction that all powers not ei-
ven away are still retained vet still con-
tend that even in a government constituted
| like ours, there are some resulting powers
Or by what right do we create a military
| school, We have right to raise armies !;
but we can have an army without military
school. Yet it is constitutional to create such
an institution, because every given power
| implies rights inferior appertaining to the
powers granted We lay an embargo-Is
there any clause in the constitution authoris-
ing MS lay embargoes> No, sir we have a
right to regulate trade & we have a right to
lay embargos to protect it. We have a right
to provide forarming & discipfning the militia
Under this authority we build armories. Is
there any provision in the constitution direct
ing 1T! We have erected FORCES & even pur-
| chased ore banks. These are inferior powers
necessarily resulting from the greater powers
| granted. But here gentlemen find the great
difficulty. The creation of a corporation, say
they, is an act of sovereignty it cannot be
| used as mean, because it is a sovereign act.
| Why, sir. every law passed is quo al hoe a
sovereign act. A law Incorporating milf
| taTy school is as much an act of sovereignty
as tothe particular subject to which it relates
| as an act Incorporating bank. We create
| a military school-for what purposeS Be-
cause the sovereign authority has power to
| establish an army and the power to
create a military school is inseparably con-
nected with and necessarily appertains to it.
| we establish navy-we also establish a
| marine corps There is no clause Il the con-
stitution giving that power, but we take it as
inseparable from the power to create navy,
because the exercise of the greater implies
every subordinate power necessarily Connect
ed with it. The great stumbling block, how
ever, is, that this is one ofthose independent
| original and substantive powers which can
not be given by implication. Blackstone saws
municipal law, thus understood, is proper
| ly defined to be rule of civil conduct pre-
/ crrlhg6 ~ fhn
commanding what is right and prohibiting
what is wrong" A greeably to this defini-
ton, every law passed by deliberative body
is an act of sovereignty as to the subject to
which it relates. The establishment Of a
Marine Corps is as much an act of sovereign
| ty as an act Incorporating the Bank of the
| Y. States. The only question is, whether it
be necessarily incident to the enumerated
power given to the general government.
| Those who criticise most accurately on the
constitution and most unwillingly concede
| resulting powers, will admit them to a GER
tam extent even in our government. The
only question is the immediate and necessa-
| ny connection of the means used with the OBJ
| iect intended to be attained.
! In enquiring then, sir, whether or not, at
! the hrst PRONUNCIATION of the constitution,
| when it came into existence, it was intended
| that Congress should possess the power Of
| Incorporating the Bank Of the United States,
| let us enquire whether there was any posi-
| bility Of carrying into effect with any tolera-
bic convenience and advantage the several
| provisions Of the constitution, unless this pow
er exists. It is said that you do not possess
the power, because it is attempted to be de-
| rived by different gentleman from so many
different parts Of the constitution. Now, Mr..
| President, / have never before understood
that capacity to derive title from several
| different sources gives you less title than il
| derived from one source alone. derive the
| power from the whole context Of the consti-
tuition, although gentlemen seem to think that
the title is inyalidated in proportion to the
number of sections in the constitution from
whence we derive it. In order to avoid con
| fusion Of argument in examining this question,
| will derive it from only one source at pre-
sent, tho believe others equally give il by
a necessary construction. At the time the
constitution came into existence, 1 believe
there were but three banks in the Unit
ed States none south of Philadelphia
and all Of very limited capital The consti-
tuition Of the United States gives the power &C
levy and collect taxes. Is it possible pima
CINE any system so convenient for the collec-
ton of this revenue and sending it To the seal
| OF government, as that Of the agency o.
bankss | am not enquiring whether the
state banks can do it but / say that the fra