The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-05-28
(ToL. 8. ---------No. g.,

nose words do not contain a general grant
OF powers but express the objects OF par.
tlcular grant or powers. The trainers OF the
constitution could not have done an act so abb
surd as to make a general grant of pow
ers. amongst an enumeration OF specified
powers ~
will now, Mr.. President, proceed to ex-
anime those instances which the gentleman
has presented of the supposed ALTERATIONS
oil the Congress OF the U States from the
enumerated powers and think it will not
be difficult to shew that there is not SIM.
gle instance quoted. but which is deducblc
from a fair and correct interpretation OF the
express words of the constitution, giving
them their common and appropriate mean
ing
The first instance presented to our consi-
Iteration by the honorable gentleman from
Georgia, (Mr Crawford) OF the exercise of
power by Congress, not enumerated in
the constitution, was the erection oil light
houses. The gentleman from Massachu-
sets (Mr Lloyd) 10 whose dispass onate
observations l listened with great pleasure,
Superadded the Instance OF the erection OK
custom houses On these both of the gem
tiemen seemed TO place great reliance, as
casesln point with the one under cOnslde~
ration. Both these powers ] conceive are
given to Congress by the express words of
the constitution; but if l should be mista-
ken in this idea, they are certainly compre-
heDded as incidental and subservlent 20, or
IN other words, necessary & proper" for
carrying into effect some OF the enumerated
powers.
The express words of the constitution
give 10 Congress the power 10 lay and
collect taxes, duties. imposts and excuses,
&c. &c. TO regulate commerce with
fore ign nations, amongst the several states,
and with the Indian tubes" "to exercise
exclusive legislation in all cases Whatever,
exc. over all places pu chased by Consent
OF the legislature of the state in which the
same shall be, for the erection of iorts, ma
gazlnes, arsenals, dnck-yards, anu other
needfW 6uildingS." From these Clauses of
the constitution, taken in connection nth
each other, l think Congress POSSESSES he
power to erect lighthouses and CUSTOM
houses by the erhreSS qVordS Of the consia
tuition; for both of these descriptions OF
houses must necessarily be Included within
the term "needful buildings - OF the only
construction which is at all applicable to
these cases, is, that neediul bulldogs is the
general term, and lighthouses ana CUSTOM
houses are particular instances or examples
under the general term or, if may be so
allowed to express my ideas, neeoul bull.
dlngs may be considered as he genus, of
winch light houses and custon-houses are
particular species The reason with the
trainers OF the constitution tor using this
general term, is obvious. J. was, b. Cause
1t was impossible for them to toresee All the
particular species of needful buildings,
which might become necessary to the s4lu.
airy operations of this government in the
course OF its complicated ard due admins.
trauoh they therefore wisely lett that sub.
Ject to the discretion or Congress, restrain
ed ana limited, nevertheless, by the reqaf-
sltlon OF the Consent of the Legislature of
the states respectively, in every case pro-
posed for the exercise of this dlscretion.---
mat this is plain and Correct interpreta-
ton OF the constitution, is eyInced by the
concuIren opinions of every legislature of
every srate, which has heretofore coded
lands for any of these objects and it is to
De remarked, that Congress has never at
tempted to erect any of these buildings
without the constitutional requisition ut the.
consent OF the states respectively. Bur is
TINS term "needtul buildings had not been
expressed in the constitution, ] should not
hesitate to admit with these gentlemen, that
the erection of lighthouses and CUSTOM
houses might properly be deduced from the
power to lay and collect taxes, duties, &c,
exc. and from the power to regulate COM
meTce, &c. which are particular grants of
power enumerated in the Constitution Be
cause Custom houses are appropriately ne.
cessary to the collection OF DUTIES, and
nave always been deemed indispensable .or
mat ooJeCt, as are llSht houses to the due
regulation of commerce
these twoPowers are Indispensable con.
nected with, and subservient to. particular
enumerated powers, and IRE therefore A.
H'ongst the means which are ne cessary &c
proper Tor their effec;uation; and as such.
are gwen to Congress by the xpress words of
the constitution; which are Congress shall
nave power "tO make laws winch shall be
necessary and proper for carrying into exc
ouuon the to' egoing powers and all otber
powers vested by this cons tuition i'm the 90
vernment of The United States, or in anv
department, or f6cer thereof" From this
course OF Interpretation, the gentlemen, req
soning from supposed analogy, have a4k-
ed. 1T Congress can i've the right To ..
rect light houses and custom houses. from
their necessary agency IN calculating hs
particular powers to which they are said 70
De appendent rappurtenant; why NAV If
not IN the same way derive the rieht oF
granting charters Of Incorporation for the
same objects! Or, in other words, il Con-
gTe's eau constitutiopaly erect custom-ho,,-
ses tor he purpose. or as the neces,arv
means, OF collecting duties; whv NAV e
not establish bank for the same obiert
&c 6ec.s The question is admitted to be !,
TAR one and ii clear distinction cannot
be made IN the two cases, il will be admit
ted either that Congress may Constitution!