Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1811-05-27
CONGRESS.
IN SENATE.
BANK OF IKE UslrEp STATES.
MR. GILEs's SPEECH
IN SENATE.
CONTINUED.

|! CONTINUED.
The express words Of the conetitu.
ton give TO Cops;rsss ne power = To
iay and collect taxes, duties, ;inpos Is
and excuses, &c. &c." "To regulate
commerce with foreign nations,
mongst the several states, and with
the 1ndIan tribes )" "to exercise ex.
|clusive legislation in all Cases whate.
yer, &c. over all places purchased by
lconsent OF the legislature of the state
IN which the same shall be, for the
erection OF forts, magazines, arsenals,
ldoc&-yards, & other ueediul 1u Idings."
From these clauses of the constitution.
taken IN connection with each other,
think Congress possesses the power to
erect tigh, houses and custom houses.
by the express words OF the constitu-
tlon tor both of these descriptions of
houses must necessarily be Included
within the term needfri Blu ldlpgs,"
or the only construction which is at all
applicable 10 these cases, IS, that need.
iui buildings is the general term, d
tight houses and custom houses are
particular instances or examples under
the general term or, if may be so
allowed to express my ideas, needful
ouiidings may be considersd as the
genus, Of which light houses and GUS
tom houses are Particular species.-
lhe reason with the trainers OF the
constitution for using This general term,
| 8 obvious. 1t was, because it w IS i'm
possible tor them ti0 iorcsee al tbs.
particular species OF need III buildings,
hich might become accessory to the
saiut"ry operaiions of this government
IA the course OF its. complicated, and
due administration they therefore
wisely itss mat SUBJ c. TO the discus
lion OF Congress, restrained & limited,
Inever heless, by the requisitlop of the
consent OF the legislatures Of the states
respectively, in every case proposed
for the exercise of this discretion. -
| That tbs a plain and correct lnterpre.
tatlon OF the constitution, is evinced
10y the concurrent opinions of every le-
| glsiature Of every state, which has
heretofore ceded lands for any of these
to6Ject1 and it is 20 be remarked, that
Congress has never attemp ed 10 err.
ect any OF these buildings without the
constitutional requisition of the consen.
OF the states respectively. But if this
term needful buildings" bad MOI
been expressed in the constitution.
sho I'D not hesitate to admit with these
Sc ntiemeu, that the erection of light
houses and custom houses might pro
p rly be dedaced from the power to
lay and collect taxes, duties, &c. &c.
and from the power to regulate COM
IN rec, &r. which are particular grants
o. power enumerated In the constitu.
itIons Because costom houses are an.
lProPria ely necessary to the collection
Ut duties. and have always been deem.
cd indispensable for that object, as are
Hight houses to the due regulation Of
lcommerces
! These Two powers are indispenssbly
connected with, and subs rvient to.
particular enumerated powers, and are
therefore amongst the means, which
Iarc necessary and proper for their ef-
ctuation and as such, ere given to
| Congress by the express words of the
constitution which are Congress-
shall have power {" to make all laws
(which shall be necessary aud proper
for carrying into execution the fore.
Igoing powers, and all other powers
vested by this constitution in the 90
vernment Of the United States, or In
my department. or officer thereof."-
From this course Of interpretation, the
gentlemen, reasoning from supposed
analogy, have asked, if Congress can
derive che right to erect light houses
and custom houses, from their neces.
sary agency 10 calculating the partic.
u ar powers to which they are SAID to
be appendant or appurteaant WHY
may 1t not in the same way derive the
right of grsnting charters of incorpo-
ration for the same objects? Grin O.
lher words, If Congress can conotitn.
tionally erect custom houses tor the
purpose, or as INC necessary means, OF
collecting duties why may it not es.
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