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erecting it into a corporation, may be established by the most satisfactory reasoning. It has a relation, more or less direct, to the power of collecting taxes, to that of borrowing money, to that of regulating trade between the states, and to those of raising and maintaining fleets and armies. And it may be added, that it has a most important bearing upon the regulation of currency between the states. It is an instrument, which has been usually applied by governments in the administration of their fiscal and financial operations. And in the present times it can hardly require argument to prove, that it is a convenient, a useful, and an essential instrument in the fiscal operations of the government of the United States. This is so generally admitted by sound and intelligent statesmen, that it would be a waste of time to endeavour to establish the truth by an elaborate survey of the mode, in which it touches the administration of all the various branches of the powers of the government.

§ 628. In regard to the faculties of the bank, if congress could constitutionally create it, they might confer on it such faculties and powers, as were fit to make it an appropriate means for fiscal operations. They had a right to adapt it in the best manner to its end. No one can pretend, that its having the faculty of holding a capital; of lending and dealing in money; of issuing bank notes; of receiving deposits; and of appointing suitable officers to manage its affairs; are not highly useful and expedient, and appropriate to the purposes of a bank. They are just such, as are usually granted to state banks; and just such, as give increased facilities to all its operations. Το say, that the bank might have gone on without this or that faculty, is nothing. Who, but congress, shall say, how

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under the constitution, have ever since, without queste, and with the universal approbation of the nation, in time to time created territorial governments. Yet congress derive this power by implication, as necessary and proper to carry into effect the power to regulate the territories of the United States. In the convention, two propositions were made, and referred to a committee at the same time with the propositions already stated respecting granting of charters, "to dispose of the unappropriated lands of the United States," and "to institute temporary governments for new states arising therein." Both of these propositions shared the same fate, as those respecting charters of incorporation. But what would be thought of the argument, built upon this foundation, that conthe power to erect territorial did not possess governments, because these propositions were silently abandoned, or annulled in the convention.

which other objects are ac tions are made to charity 1 ation; but a corporation is charity. No seminary o order to be incorporated; is conferred to subserve No city was ever built wit incorporated; but it is inc best means of being well company is formed with a on a particular branch of bu to be prosecuted is the end to form the requisite capi If an incorporation is added gives it a new quality, an a it is enabled to prosecute tl venience and safety. In tr a corporation is never used the purpose of effecting som is not a shadow of reason to as an incident to powers mode of executing them. § 624. It is true, that am ers we do not find that of est ing a corporation. But w powers to lay and collect tax regulate commerce; to decl. to raise and support armies bank be a fit means to exc powers, it is just as much im If it be "necessary and prop is it possible to deny the auth purposes? There is no mor power in express terms, than

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626. This is not the only case, in which congress
may erect corporations. Under the power to accept
a cession of territory for the seat of government, and
to exercise exclusive legislation therein, no one can

doubt, that congress may erect corporations therein:
not only public, but private corporations. They have
constantly exercised the power; and it has never yet
been breathed, that it was unconstitutional. Yet it
can be exercised only as an incident to the power of

general legislation. And if so, why may it not be
exercised, as an incident to any specific power of leg
islation, if it be a means to attain the objects of such
power?

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28. In regard to the faculties of the bank, if
ss could constitutionally create it, they might
on it such faculties and powers, as were fit to
it an appropriate means for fiscal operations.
had a right to adapt it in the best manner to its
No one can pretend, that its having the faculty
ling a capital; of lending and dealing in money;
ing bank notes; of receiving deposits; and of
ting suitable officers to manage its affairs; are
ghly useful and expedient, and appropriate to
rposes of a bank. They are just such, as are
7 granted to state banks; and just such, as give
sed facilities to all its operations.
To say,

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e bank might have gone on without this or that , is nothing. Who, but congress, shall say, how

few, or how many faculties it shall have, if all are still appropriate to it, as an instrument of government, and may make it more convenient, and more useful in its operations? No man can say, that a single faculty in any national charter is useless, or irrelevant, or strictly improper, that is conducive to its end, as a national instrument. Deprive a bank of its trade and business, and its vital principles are destroyed. Its form may remain, but its substance is gone. All the powers given to the bank are to give efficacy to its functions of trade and business.

§629. As to another suggestion, that the same objects might have been accomplished through the state banks, it is sufficient to say, that no trace can be found in the constitution of any intention to create a dependence on the states, or state institutions, for the execution of its great powers. Its own means are adequate to its end; and on those means it was expected to rely for their accomplishment. It would be utterly absurd to make the powers of the constitution wholly dependent on state institutions. But, if state banks might be employed, as congress have a choice of means, they have a right to choose a national bank, in preference to state banks, for the financial operations of the government. Proof, that they might use one means, is no proof, that they cannot constitutionally use another means.

§ 630. After all, the subject has been settled repeatedly by every department of the government, legislative, executive, and judicial. The states have acquiesced; and a majority have constantly sustained the power. If it is not now settled, it never can be. If it is settled, it would be too much to expect a reargument, whenever any person may choose to question it.

CHAPTER XXVI.

POWERS OF CONGRESS

INTERNAL IMPROVEMENTS.

§ 631. ANOTHER question, which has for a long time agitated the public councils of the nation, is, as to the authority of congress to make roads, canals, and other internal improvements.

§632. So far, as regards the right to appropriate money to internal improvements generally, the subject has already passed under review in considering the power to lay and collect taxes. The doctrine there contended for, which has been in a great measure borne out by the actual practice of the government, is, that congress may appropriate money, not only to clear obstructions to navigable rivers; to improve harbours; to build breakwaters; to assist navigation; to erect forts, light-houses, and piers; and to other purposes allied to some of the enumerated powers; but may also appropriate it in aid of canals, roads, and other institutions of a similar nature, existing under state authority. The only limitations upon the power are those prescribed by the terms of the constitution, that the objects shall be for the common defence, or the general welfare of the Union. The true test is, whether the object be of a local character, and local use; or, whether it be of general benefit to the states. If it be purely local, congress cannot constitutionally appropriate money for the object. But, if the benefit be general, it matters not, whether in point of locality it be in one state, or several ; whether it be of large, or of small extent. and character determine the right, and congress may

Its nature

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