“It is never the end for which other powers are exercised, but a means by which other objects are accomplished. No contributions are made to charity for the sake of an incorporation, but a corporation is created to administer the charity; no seminary of learning is instituted in order to be incorporated, but the corporate character is conferred to subserve the purposes of education. No city was ever built with the sole object of being incorporated, but is incorporated as affording the best means of being well governed. The power of creating a corporation is never used for its own sake, but for the purpose of effecting something else. No sufficient reason is therefore perceived why it may not pass as incidental to those powers which are expressly given if it be a direct mode of executing them.”
17 U.S. (4 Wheaton) 316, 409-411
McCulloch v. Maryland (1819)
Context: [T]he power of creating a corporation is one appertaining to sovereignty, and is not expressly conferred on Congress. This is true. But all legislative powers appertain to sovereignty. The original power of giving the law on any subject whatever is a sovereign power, and if the Government of the Union is restrained from creating a corporation as a means for performing its functions, on the single reason that the creation of a corporation is an act of sovereignty, if the sufficiency of this reason be acknowledged, there would be some difficulty in sustaining the authority of Congress to pass other laws for the accomplishment of the same objects. The Government which has a right to do an act and has imposed on it the duty of performing that act must, according to the dictates of reason, be allowed to select the means, and those who contend that it may not select any appropriate means that one particular mode of effecting the object is excepted take upon themselves the burden of establishing that exception. [... ] The power of creating a corporation, though appertaining to sovereignty, is not, like the power of making war or levying taxes or of regulating commerce, a great substantive and independent power which cannot be implied as incidental to other powers or used as a means of executing them. It is never the end for which other powers are exercised, but a means by which other objects are accomplished. No contributions are made to charity for the sake of an incorporation, but a corporation is created to administer the charity; no seminary of learning is instituted in order to be incorporated, but the corporate character is conferred to subserve the purposes of education. No city was ever built with the sole object of being incorporated, but is incorporated as affording the best means of being well governed. The power of creating a corporation is never used for its own sake, but for the purpose of effecting something else. No sufficient reason is therefore perceived why it may not pass as incidental to those powers which are expressly given if it be a direct mode of executing them.
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John Marshall 41
fourth Chief Justice of the United States 1755–1835Related quotes
2018, Report submitted to the UN Human Rights Council
Veto Message Regarding the Bank of the United States http://avalon.law.yale.edu/19th_century/ajveto01.asp (10 July 1832)
Often paraphrased as: If Congress has the right under the constitution to issue paper money, it was given them to be used by themselves, not to be delegated to individuals or corporations.
1830s
Context: It is maintained by some that the bank is a means of executing the constitutional power “to coin money and regulate the value thereof.” Congress have established a mint to coin money and passed laws to regulate the value thereof. The money so coined, with its value so regulated, and such foreign coins as Congress may adopt are the only currency known to the Constitution. But if they have other power to regulate the currency, it was conferred to be exercised by themselves, and not to be transferred to a corporation. If the bank be established for that purpose, with a charter unalterable without its consent, Congress have parted with their power for a term of years, during which the Constitution is a dead letter. It is neither necessary nor proper to transfer its legislative power to such a bank, and therefore unconstitutional.
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Vanna Bonta Talks About Quantum fiction: Author Interview (2007)
Before the junta at Monterey in (April, 1846) when governor Pío Pico advocated annexation to France or England to escape that "mock republic, Mexico.
History of the Solano and Napa Counties, California (1912)
Context: I cannot, gentlemen, coincide with the military and civil functionaries who have advocated the cession of our country to France or England. It is most true that to rely longer upon Mexico to govern and defend us would be idle and absurd. To this extent I fully agree with my colleagues. It is also true that we possess a noble country, every way calculated, from position and resources, to become great and powerful. For that very reason I would not have her a mere dependency on a foreign monarchy, naturally alien, or at least indifferent to our interests and our welfare. It is not to be denied that feeble nations have in former times thrown themselves upon the protection of their powerful neighbors. The Britons invoked the aid of the warlike Saxons and fell an easy prey to their protectors, who seized their lands and treated them like slaves. Long before that time, feeble and distracted provinces had appealed for aid to the all-conquering arms of imperial Rome, and they were at the time protected and subjugated by their grasping ally. Even could we tolerate the idea of dependence, ought we to go to distant Europe for a master? What possible sympathy could exist between us and a nation separated from us by two vast oceans? But waiving this insuperable objection, how could we endure to come under the dominion of a monarchy? For although others speak lightly of a form of government, as a freeman I cannot do so. We are republicans—badly governed and badly situated as we are—still we are all, in sentiment, republicans. So far as we are governed at all, we at least do profess to be self-governed. Who, then, that possesses true patriotism will consent to subject himself and his children to the caprices of a foreign king and his official minions? But, it is asked, if we do not throw ourselves upon the protection of France and England, what shall we do? I do not come here to support the existing order of things, but I come prepared to propose instant and effective action to extricate our country from her present forlorn condition. My opinion is made up that we must persevere in throwing off the galling yoke of Mexico, and proclaim our independence of her forever. We have endured her official cormorants and her villainous soldiery until we can endure no longer. All will probably agree with me that we ought at once to rid ourselves of what may remain of Mexican domination. But some profess to doubt our ability to maintain our position. To my mind there comes no doubt. Look at Texas and see how long she withstood the power of united Mexico. The resources of Texas were not to be compared with ours, and she was much nearer to her enemy than we are. Our position is so remote, either by land or sea, that we are in no danger from Mexican invasion. Why then should we hesitate to assert our independence? We have indeed taken the first step by electing our own governor, but another remains to be taken. I will mention it plainly and distinctly—it is annexation to the United States. In contemplating this consummation of our destiny, I feel nothing but pleasure, and I ask you to share it. Discard old prejudices, discard old customs, and prepare for the glorious change that awaits our country. Why should we shrink from incorporating ourselves with the happiest and freest nation in the world, destined soon to be the most wealthy and powerful? Why should we go abroad for protection when this great nation is our adjoining neighbor? When we join our fortunes to hers, we shall not become subjects, but fellow citizens possessing all the rights of the people of the United States, and choosing our own federal and local rulers. We shall have a stable government and just laws. California will grow strong and flourish, and her people will be prosperous, happy and free. Look not, therefore, with jealousy upon the hardy pioneers who scale our mountains and cultivate our unoccupied plains, but rather welcome them as brothers, who come to share with us a common destiny.
Opinion on the Constitutionality of the Bill for Establishing a National Bank., 1791. http://www.yamaguchy.netfirms.com/7897401/jefferson/natbank.html ME 3:146
Posthumous publications, On financial matters