Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-09-18

" conferred, surh as the raising an atrr.v
the creation of a navy, the estsbli,bm.o
. OF m'nts ifso, are not the words aItoee
shcr supernamerary ascompe,snt proyi
sion IS made elsewhere for those objects
win the precision and conciseness Of IN,
instrument justify this Inference If the,
will not, where shall we look for objects
emitting education aud internal improve
ments, that would require or Justify sucl
comprehensive language as providing fo
the general welfare.
Furiher, one of the great ends of the
constitution is, in tho preamble declared TO
be "to secure the blessings of Liberty TO
ourselves and our posterity."
Can there be devised amore potent en-
CINE for obtaining this great and invaIua-
BILE end than education! Is it not geHerai-
~ believed that the preservation OF liberty
ensirely depends upon this Object being
properly attended TO? These considera-
ticns add forcibiy 10 the assurance that it
was not intended by the trainers of the
constitution 10 deny this power to con-
gress.
Further: Among the numerous prohi-
billions of power to the general govern
ment, contained either in the original in
struTuent, or the amendment subsequently,
made, there snotindicated the least Jealous
sy of such apower,a strong proof that The
people apprehend no danger from its exer-
else. twill, perhaps, be replied thai as no
diree power over these objeSls was given
to congress in the original instrument,
bar
amendments. But may not the same thing
be said of most, IL not all, of the objects
provided for in the amendments By the
Sd amendment congtess are prohibited
from making any law respecting an esta-
biishment of rsligion--Yet in the consti-
tuition no power is given 10 congress rela-
tive to religion. The amendments deny
TO congress the power of fabridging the
freedom of speech or of the press. Yet
the constitution is silent on this subiea.
And so with regard to several other pro.
visions established in the amendments. IL
is clear then that il was imagined that con.
gress might, If uncontrolled by positive
veto. SO beyond their literal charter of de-
legated powers.
But we are referred to that constitutions
al provision that empowers congress .sto
promote the progress of science and use
fii arts, by securing for limited times, to
authors and inventors, the exclusive right
of their respective writings and discoye.
ries:" And il is commended shat this limit.
ed bestowaI Of power on particular SUBJ
ject is equivalent 10 denial of any other
power relative TO X. This, however, will,
] think, ON a little reelection appear to be
very unfair Inference. We we'll know
that il had long been subject of regret
that there existed in the United States no
power pervading all the states fos giving
copy rights to authors, and patents to in.
ventors, for their works and discoveries.
II was essential TO the efficacy OF this pow
er that it should be reposed in some body
whose authority should extend beyond The
limits OF state, and it was likewise impor.
tant that this authority should be exclusive
of that of any other bodies. The forego-
ing constitutional provision has these two
effects. So far then as il was importan,
TO promote the progress of science and
useful arts, by securing, for limited time
TO authors and inventors, the exclusive
right to their respective writings and dis
coveries, this power TO promote The pro.
gsess OF science and the useful arts, was
ereh4sfveiy vested in congress. But does
Unnecessarily follow that because this pow.
or was e.rctusfyely granied,o congress, all
other power OF the subleel, to be concur
Jenffy exercised wiihihe states, was deni-
edi This provision then giving congress
exclusive power to grant copy rights and
patents may have been introduced entire
", with view Of prohibiting like power
to the respective states.
(Io be eontinucd.)