Part 320

Arts useful, to promote progress of, 259.

ASHE JOHN BAPTIST, Representative from North Carolina, 239, 259, 317.

Assumption of State Debts.--See Treasury, Report of Secretary of.

BAILEY THEODORE, Representative from New York, 455,527, 604.

BAIRD DAVID, Representative from Pennsylvania, 604.

BALDWIN ABRAHAM, Representative from Georgia, 42, 175, 255, 317, 388, 455, 527, 604; on the practicability of collecting duties, 63; on organization of Treasury Department, 93; on the preparation of estimates by the Secretary of the Treasury, 113; on the compensation of the President, 116; further remarks, 119; on power of Congress to interfere with slavery, 209; presides in Committee of the Whole, 216, 220, 221, 228; on memorial of officers of Navy, 240; on vacancy in the Presidency, 269; on ratio of representation, 322; on the meeting of the Electoral College, 333; on the preparations for the Algerine war, 476; on admission of the delegate south of the Ohio, 530; on a salary for members of Congress, 636; on a stenographer for the House, 631; on Post-roads, 637; on rights of the House relative to treaties, 659; on the admission of Tennessee, 756.

Bank of the United States.--On the passage of a bill from the Senate to incorporate the subscribers to the Bank of the United States, 272; recommittal moved, 272; various objections to the bill, 272; no argument in favor of a bank can be deduced from Great Britain, 272; no necessity for a bank, 273; plan unconstitutional, 273; Government has power to borrow money and therefore had a right to create capital to facilitate it, 273; its operation benefits all parts of the Union, 273; bill should be recommitted as too important to pass without discussion, 273; other objections urged, 273; clause of constitution respecting monopolies refers to commercial monopolies, 273; no sufficient reason for recommitment, 273; fault of members if they have not offered their objections, 274; motion for recommitment lost, 274; put on its final passage, 274; advantages and disadvantages of banks, 274; is the power of establishing an incorporated bank vested by the constitution in the Legislature of the United States? considered at length, 275; rules of interpretation, 275; clauses upon which constitutional power is based, 275; general welfare clause, 275; various answers to it, 275; former bank no precedent, 275; this is not a bill to borrow money, 276; the clause, "All laws necessary and proper," &c., does not give unlimited discretion to Congress, 276; the Government is of limited and enumerated powers, 276; consequences of considering that the power to borrow authorizes the creation of means to lend, 276; various objections urged, 277; distinction between a power necessary and proper for the Government, and a power necessary and proper for executing an enumerated power, 277; contemporary expositions of the constitution, 277; if the power is in the constitution, its immediate exercise is not essential, 278; motion to recommit lost, 278; bill put on its passage, 278.

Little doubt of the utility of banks, 278; constitutional question examined, 279; may Congress exercise any powers not expressly given in the constitution but deducible by a reasonable construction of it, and will such construction warrant the establishment of a bank? 279; the doctrine of implied power has been a bugbear to many, 279; danger of implied power does not arise from its assuming a new principle, 279; not exercising the powers we have may be as pernicious as usurping those we have not, 279; if some interpretation of the constitution may be indulged, by what rules is it to be governed, 280; Congress may do what is necessary to the end for which the constitution was adopted, if not repugnant to natural rights or reserved powers, 280; as the bank is founded on the free choice of those who use it, and highly useful to the people and government, a liberal construction is natural and safe, 280; a presumption in favor of its conformity to the constitution, 280; necessity of a bank to other Governments, 280; if war should suddenly break out here, is Congress to provide for it? 280; objected, that necessity is the tyrant's plea, 280; how does Congress get the right to govern the Western Territory, 281; is the establishment of a national bank a violent misinterpretation of the constitution, 281; are corporate powers incidental to those which Congress may exercise by the constitution, 281; Congress may exercise exclusive legislation in certain places--of course establish a bank, 281; the preamble to the constitution warrants the remark that a bank is not repugnant to its spirit and essential objects, 281; Congress may exercise all necessary powers, 282; constitutionality never before doubted, 282; the whole business of legislation is a practical construction of the powers of the Legislature, 282; immense difficulties to be surmounted on all important questions, 282; whenever a power is delegated for express purposes, all the known and usual means for the attainment of the objects are conceded, 282; if banks are among the known and useful means to facilitate and effectuate the ends of Government, the argument is irrefragable and conclusive to prove the constitutionality of the bill, 283; the utility of banks, 283; answer to various objections, 284; silence of the people is presumptive that they regard the measure as constitutional, 284; every power necessary to secure the great objects of the constitution must necessarily follow, 284; the power of removability had been construed, it was as important as the present, 285; numerous objections considered, 285; the expediency of banks considered, 285.

Latitude in construing the constitution to be reprobated, 285; bill will interfere with State rights, 285; arguments drawn from implication considered, 286; that banks may exist without a charter reprobated, 286; construction of powers considered, 286; the powers relative to finance do not warrant the adoption of any powers thought proper, 286; power over Western Territory had reference to property already belonging to the United States, 286; necessity of proposed institution denied, 286; general welfare clause, 286; European banks, 286; facility of borrowing will involve the Union in irretrievable debts, 287; a geographical line divides friends and opponents of the measure, 287.

Is Congress vested with power to grant privileges contained in the bill? considered, 287; what rights will this company enjoy in this new character that they did not enjoy independent of it, 287; the bank must be a legally artificial body composed of these rights, 288; is not this simple power fairly to be drawn by necessary implication from those vested by the constitution in the legislative authority? 288; not express but necessarily deduced, 288; peace is preserved by being always prepared for defence--this is a duty of Congress, but it must borrow money to secure it, which a bank can aid, 288; banks only are reliable for borrowing money, 289; a national bank is the necessary means for this end, 289; numerous powers have been exercised which were deduced by implication, 289; if power was given to raise an army, the making provision for all the necessary supplies and incidental charges was included, 290; quotations from the Federalist, 290; some objections to a bank considered, 291; no preference shall be given to one part of the Union over another, not an objection, 291; this clause inserted for a particular purpose, 292; expediency of a national bank, 292; divisions of opinion in Philadelphia, 292; instances of implied powers exercised, 292.

Members vary widely in their opinion of the direction of the Government, 292; the Continental debt has travelled eastward of the Potomac, this law is to raise the value of that paper, 292; implication a serpent that may sting and poison the constitution, 293; it destroys the principle of the Government at a blow, 293; it is agreed that the power is not expressly granted but implied, yet it is not agreed as to the particular power to which this is an incident, 293; latitude of principles premised reprobated, 293; the form not only points to the ends of Government but specifies the means, 293; if all laws proceed from expediency, what becomes of the constitution? 293; the idea that no implication should be made against the law of nature, &c., is hostile to the main principle of our Government, 293; review of precedents in the former and present Congress which are relied on to justify the measure, 294; arguments of its advocates considered, 295; there is no necessity, no occasion for a bank, 295; propriety of its adoption not manifest, 296; source of all the arguments in favor of the measure, 296; arguments in favor of the measure, or the doctrine of implication considered, 297; authority to grant charters in general, 297; preamble of the constitution, 297; other clauses, 297; general welfare clause, 297; to regulate commerce, 298; the terms "necessary," and "proper," 298; exclusive jurisdiction considered, 298; derived from its incidentality to the mere creation and existence of government, considered, 298; does it not interfere with rights of States? 299; expediency of the measure considered, 299; the right of exercising this authority problematical, 300; death will be the penalty of counterfeiting, thus a life at stake on one hand, and an improvident act on the other, 300; two modes of administering the government, 300; objections to the bill in detail, 300; unconstitutionality considered, 300; Blackstone's rules of interpretation, 301; what is the meaning of the word "necessary," 301; rules of Blackstone applied, 302; this mode of interpretation compared with that of opponents of the bank, 303; the usage of Congress considered, 303; sense of the Federal Convention considered, 304; no such consequence as a monopoly can result from the bill, 305; Congress cannot give authority to purchase land, considered, 305; the sense of the Continental Convention is regarded differently by senators, 305; the restriction contended for would annihilate the most essential rights of the citizens, 305; origin of corporations, 305; various objections illustrated, 305.

Warmth and passion should be excluded from this question, 306; the powers proposed to be given do not exist antecedent to the incorporation, 306; various arguments examined, 306, 307; defects of the bill, 307; previous question moved, 308; bill passed, 308.

Motion made in the Senate to exclude Bank officers and stockholders from Congress, 445; amendment proposed, 446; amendment to the amendment passed, 446; further amendments considered, 446.

BARNWELL, ROBERT, Representative from South Carolina, 317, 390; on ratio of representation, 322; on the cod fisheries, 356; on official conduct of the Secretary of the Treasury, 421, 426.

BASSET, RICHARD, Senator from Delaware, 9, 251, 313, 383; appointed on Judiciary Committee, first Congress, 10; on committee on rules in cases of conference, first Congress, 10; on manner of electing chaplains, 10; on rules of business, 10.

BEATTY, JOHN, Representative from New Jersey, 455, 527.

BECKLEY, JOHN, elected Clerk of the House, 21,315, 604.

Beef, Salt.--Duty on, opposed and rejected, 34.

Beer, ale and porter, in bottles or casks, 33; duty on, 34; beer, duty on, 113.

BENSON, EGBERT, Representative from New York, 23,175, 255, 317, 388; on committee for reception of President, 27; reports on reception of President to the House, 33; reports from committee on administering the oath to the President, 45; moves the organization of three executive departments, 85; further remarks, 85; on a Board of Treasury or Superintendent of Finance, 92; on the Treasury Department, 109; on the form of amending the constitution, 135; on manner in which Secretary of Treasury shall make his report, 177; on motion to discriminate among the public creditors, 217; presides in Committee of the Whole, 229; on vacancy in the Presidency, 268, 270; on the stamp of American coins, 372.

BENTON, LEMUEL, Representative from South Carolina, 519, 555.

Bills, Money.--Power to originate, 110; do. enrolled--a standing committee ordered, 129.

BINGHAM, WILLIAM, Senator from Pennsylvania, 591.

BLAIR,----, chosen chaplain of the House, 316.

BLAND, THEODORICK, Representative from Virginia, 21; remarks on duties on imports, 28; on duty on Madeira wine, 31; opposes a duty on salt beef, 34; regards duty on nails, &c., unequal, 38; presents application of Virginia for amendment of constitution, 47; remarks, 47; advocates low duties on imports, 61; urges appointment of committee of conference on first disagreement between the two Houses, 67; urges limitation of the impost bill, 78; in the power of the President to remove officers, 87; further remarks, 89; believes the power of Congress to require oaths of State officers.

BLOODWORTH, TIMOTHY, Representative from North Carolina, 255; on excise bill, 265; further remarks, 271; Senator from Maryland, 591.

BLOUNT, THOMAS, Representative from North Carolina, 455, 527, 604; the right to Indian lands within a State, 578; on intruders on Indian lands, 585; on the admission of Tennessee, 755, 757.

BLOUNT, WILLIAM, Senator from Tennessee, 602.