The circumstance, that the powers of sovereignty were in this country divided between the National and State Governments did not affect the distinction, it cannot follow from this, that each of the portions of power delegated to one or the other, is not sovereign with regard to its proper object. It would only follow from it that each had sovereign power as to certain things, and not as to other things." Whenever a power was delegated for express purposes all the known and usual means for the attainment of the object expressed were conceded also. Congress was authorized to regulate foreign and domestic trade, and to make all laws, necessary and proper, to carry these and other enumerated powers into effect. If banks were among the known and usual means to effectuate or facilitate the ends which have been mentioned, to enable the government with the greatest ease and least burden to the people to collect taxes, borrow money, regulate commerce, raise and support armies, provide and maintain fleets, the argument was irrefragable and conclusive to prove the constitutionality of the bill. For answer to the objection that the bill created a monopoly, it was said that by the amendments proposed by New Hampshire, Massachusetts, and • Hamilton's opinion to Washington in Lodge's edition of his Works, iii., pp. 180, 181. * Sedgwick, in Annals, ist. Cong., ii., p. 1911, et seq. 3 Ibid., pp. 1911, 1912. New York, it plainly appeared that these States considered that Congress did possess the power to establish companies with monopolistic privileges'; and Hamilton, pursuing this point, referred to the amendments proposed by several States, as showing that in their opinion the power of erecting trade companies or corporations was inherent in Congress, and as objecting to it no further than as to the grant of exclusive privileges. 2 The words "necessary and proper" did not restrict the power of the legislature to the enactment of such laws only as were indispensable. Such a construction would be infinitely too narrow and limited; and to apply the meaning strictly would prove, perhaps, that all the laws which had been passed were unconstitutional, for few if any of them could be proved indispensable to the government. The great ends to be obtained as means to effect the ultimate end-the public good and general welfarewere capable, under general terms, of constitutional specification; but the subordinate means were so numerous, and capable of such infinite variation, as to render an enumeration impracticable, and they must therefore be left to necessary implication. The Tenth Amendment did not take from Congress the power to incorporate the bank. For the implied powers were as much delegated as Lawrence, in Annals, 1st Cong., ii., p. 1915. the express powers. The power of creating a corporation might as well be implied as any other thing, as an instrument or means for carrying into execution any of the specified powers. A corporation might be created in relation to the collection of taxes, or to the trade with foreign countries, or to the trade between the States, or with the Indian tribes, because it was incidental to the general sovereign or legislative powers to regulate a thing to employ all the means which related to its regulation, to the best and greatest advantage. Mr. Gerry, pursuing a similar argument, reminded Mr. Madison that the latter, at the time the amendments were pending, had disavowed the opinion that only express powers were delegated to Congress. Gerry contended, therefore, that by a fair and candid application of established rules of construction the bill was authorized." I The arguments for and against a liberal construction of the implied powers of Congress were thus thoroughly and profoundly gone into during the discussion over the bill, and the large majority of more than two thirds of the total membership of both Houses of Congress, by the passage of the bill, affirmed their belief in the broader interpretation. By the passage of the bill, this body of men, familiar with the proceedings of the • Hamilton's Opinion, pp. 184 and 185. 2 2 In Annals, ist Cong., ii., pp. 1951, 1947. Philadelphia and the State conventions, approved the doctrine that under the power to regulate commerce, Congress was authorized to create corporations to effect the regulation, and to invest those corporations with monopolistic privileges. 12 CHAPTER XI THE NON-IMPORTATION AND EMBARGO MEASURES AS OF WASHINGTON'S SECOND ADMINIS TRATION S we have seen, in the period between the close of the Revolutionary War and the assembling of the Philadelphia Convention, proposals had often been made to invest the central government with power to restrict and even to prohibit foreign commerce, for the purpose of retaliating upon other nations for wrongs inflicted upon our trade, and of encouraging domestic industries. The unfavorable situation of the foreign relations of the country during the administrations of Washington, Adams, Jefferson, and Madison, together with the increased power of the central government to enforce such measures, greatly increased the favor extended to such proposals, and led, in each of those administrations, to measures directed to the enforcement of various prohibitions and restrictions, some of which affected interstate as well as foreign commerce. The consideration of the restrictive measures of Adams's and Madison's administrations, |