Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1811-05-27
l12 IL lemf, Singled

{ Illustrate my idea still fur her In his
n respect, would observe, that the
t p wer 10 regulate de4cen,s, aid TO re.
81 Suiate the distribution of Iute states. I
i, conceive 10 be original, distinct, sub.
stantlye powers; and, being amongst
, the powers, which could In all res
P'c Cts be limited by the geographic 4
boundaries of the individual staes-
anu were therefore amongst the pow
ers reserved to the manage men of The
s'aes, Nigh. as easily be assumed bv
I = = onsrsss4ss incideo'al to some one oS
me enumerated powers, as the ass ,mo-
ton OF the power 10 ran char ers ofin..
corporation, whica conceive was. fer
tn sa nc reason, lett to the manage.
men' OF the taJes. / believe no gen.
tielnan viii Con end that Congress can
und r any candid consIruc ion go SO
tar IN relation to those powers; nor
do see HOY it can in relation TO
the power OF granting Charters OF in
corporation.
have not overlooked the obserya,
ton, sir, made by gentlemen 0 destroy
the effect oil this course of reaso ,inr-
Ito wit, thai the passing ever, law
IS an act of sovereign v /; that TO p,ss
law to erect light mouse, is as much
an aeS OF soyerr Eighty as to pass a law
to lay and Collect tax, 81. or 10
grant Charter to bank, &c. In fact
.ners are no degrees Oh sover lp.sy.
Without entering into this raaso ing
II VIII be sufficient co show its inap.
pHcabiilty 10 my argument, to observe.
at have not grounded my lis inc.
lions upon any suggested difference
IN the d.ert es OF sovereignty but up
on the clear and obvious off .rence in
me nature ana character OF the pow
ers upon VIII ca tnis sovereignty, &c.
is intended to operate, Sc.
lhe gentleman from Georgia, (Mr
Crawtord) Observed that the ciause in
the constitution, last read +" Congress
shall have power to pass ali laws
which shall be necessary and proper,
&c," had been considered by some as
entirely In operative; 5ut That he tho9S
ita clause OF great importance. &c.
In this opinion l ntireiy concur Wi n
the gentleman consiier it the most
important clause In the CONSTITUTE ion.
IL Is in M, Judgment the true key for
unlocking the meaning Of all the orher
cl uses. ihe form-r confederation
did no possess thu me MS necess nv
and proper t, r ca rying into tx Gu ion
It's own powers. II was dePeudan,
upon the state legislatures n that pur-
pose: and 1t was 100 important diff.
terence In the organization OF the pre-.
sent and former government, To b LET.
to construction. l. was III refore exc
pressed, to declare the true characs,r
OF the present government an TO pro-
claim ITS sovereignty upon all the sub
J~cfs OF the enumerateu p wers. But,
So, the most Important bearing of tn
clause APPEARS to me to b thu de-
signation OF the depar tment, which
should be the ultimate dePosl DRY OF
all the power Yes ed in TN goverunene
oy the constitution. Taus Congress
Is declared not only to have power to
pass all laws which shall be necessary
and proper for carrying in execution
the Pow ers particularly co hded to it's
management, but " all other powers
vested by this constitution In the go
vernment OF the United States or in
any department OF officer there IT,
This clause, | think, intended to set-
tie all differences between the dep rt-
ments respecting the ulti nate deposit
OF power, iii which light it has been
hitherto too little regarded. None
OF these considerations, however can
vary In the smallest degree the results
have attempted to draw against the
power OF Congress to resort 20 unenu.
merated, original, substan i've power.
general In its character and op ion.
as the necessary and proper means tor
carrying into effect any OF the ennme-
rated powers.
This brings ne to consider the ODE
servs'ions OF the gentleman (Mr Grave
ford) upon the 4th article Cf the con.
stitutiOn IN the following words -
g Full faith aud credit shall be aiv.
en- in each STAGE, to the public acts, re-
: cords, and judicial proceedings Of eve
~ other state And the Congress
may, by gener i laws, prescribe tho
manner N which such acts, records
AID proceedings shall DC proved.
and the effect thereof"