[The Life of George Washington, Vol. 4 (of 5) by John Marshall]@TWC D-Link book
The Life of George Washington, Vol. 4 (of 5)

CHAPTER VI
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Some gentlemen observed, that "the true exposition of a necessary mean to produce a given end was that mean without which the end could not be produced." The bill was supported by Mr.Ames, Mr.Sedgwick, Mr.Smith, of South Carolina, Mr.Lawrence, Mr.Boudinot, Mr.Gerry, and Mr.Vining.
The utility of banking institutions was said to be demonstrated by their effects.

In all commercial countries they had been resorted to as an instrument of great efficacy in mercantile transactions; and even in the United States, their public and private advantages had been felt and acknowledged.
Respecting the policy of the measure, no well founded doubt could be entertained; but the objections to the constitutional authority of congress deserved to be seriously considered.
That the government was limited by the terms of its creation was not controverted; and that it could exercise only those powers which were conferred on it by the constitution, was admitted.

If, on examination, that instrument should be found to forbid the passage of the bill, it must be rejected, though it would be with deep regret that its friends would suffer such an opportunity of serving their country to escape for the want of a constitutional power to improve it.
In asserting the authority of the legislature to pass the bill, gentlemen contended, that incidental as well as express powers must necessarily belong to every government: and that, when a power is delegated to effect particular objects, all the known and usual means of effecting them, must pass as incidental to it.

To remove all doubt on this subject, the constitution of the United States had recognized the principle, by enabling congress to make all laws which may be necessary and proper for carrying into execution the powers vested in the government.

They maintained the sound construction of this grant to be a recognition of an authority in the national legislature, to employ all the known and usual means for executing the powers vested in the government.


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