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CONSTITUTION OF THE U. STATES.
[BOOK III.
Proof, that they might use one means, is no proof, that they cannot constitutionally use another means.
§ 1266. 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 re-argument, whenever any person may choose to question it.[1]- ↑ See 4 Elliot's Debates, 216 to 229; M'Culloch v. Maryland, 4 Wheat. R. 316; Osborn v. Bank of United States, 9 Wheat. R. 738, 859; 1 Kent's Comm. Lect. 12, p. 233 to 239; Sergeant on Constitution, ch. 28, [ch. 30;] 5 Marsh. Wash. App. Note 3.
