Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1811-05-25

ed upon this subject, two amendments, 70 ei,o
co,stitution, growing out OF some ]ea-ousics
lest contrary Interpretation shoa!a % si.sn
TO the constitution, have been adopeN' "i-i'''
ouyht to put this question TO rest ioteSo. :.
The 9Th and 10th articles OF anlehd'ii0h' "
i the constitution are as follows
6 The enumeration in the constitution o.
certain rights shall not be construed to deny o,
disparage others retained by tue PTopie.
" The powers not delegated to the Ciii'e :.
States by the constitution, nor prohlo0eo ~ Il
TO the states, are reserved to the STAKES i''
spectively, or to the people," Now, SIT, can
language be more explicit than this IN
declaring that this charter contains GER
tain enumerated powers and that all not emu
merated are reserved to the states or to the
people There is one article rescrving rights
to the people, and afterwards another article
reservng them to the states and TO the poo
nile. While on this subjec beg leave 70
read clause in the constitution, which ma
among the enumerated powers, and whlca
has been construed by some, as INTENDED TO
convey general grant Of powers amongst tie
enumerated powers. Congress shaii nave
power to lay and collect taxes, duaes' I'M
posts and excuses, to pay the oeots aha pro-
vide for the common defence and general well
fare of the United States. The words . ana
70 hroyise for the common essne@ Gro general
sveltars," have by some been considered as
conveying general grant o! power NO
fling is necessary to show, taat tbs Is not
fair and correct construction OF the ccnsttu-
tion. but reading it with attention. lhese
terms contain no grant OF power "hatc'et'
but arc used to express the ends or oo'e''s; iof
which particular grants OF power were gwen
Paving the debts and providing ior inc com
mon defence and genera! welfare are S'f.S o.
;ec.s intimately connected with sae P'i''c''iI.
grants Of powers which arc given for tneir el-
fccmation: s without these particular f5fa.iis
of mower, il would not have been posslo!e ,or
conoress 70 effect them. The trainers o1 the
constitution have si,nply elected some o. she
objects expressed in the preamble, and de-
clared that to effect them, a'ld 10 nay me aeofS
Of the U4itrd States, were the considerations
which induced them to give to congress the
g mower to Law and collect taxes sc. mus
taxes are to be laid, &c. $ to pay the oeoes
and to provide for the common defence ana
general welfare" Could they have CHOSEN
more appropriate phraseology The pam
,ancuaes TO Congress is-'' You Shall have
po,Yer to lar and collect taxes, to pay
the debts, Sc and 10 provide Tor the
common defence and general welfare, or III o.
thar words, for the purpose OF paying uo
debts, Sc and Of providing tor the common
defence and general welfare hsse Woros
do not contain genera! grant OF powers Out
express the objects Of a particular e'"iit .,
powers. The trainers Of the constitution co"io
not have done an act so absurd as 20 n'ahe
general grant Of powers, amongst all e'iune'
ration OF specified powers.
! will now, Mr.. President, proceed TO eva
mine those instances which the gentleman mas
presented of the supposed alterations OF inc
Of the United States from the emu
merated powers; and think 1t will not be
,Iia;c,lt 70 shew that there is not a single IN
stance quoted, but (which is deducibie srom
fair and correct Interpretation Q. thc express
words of the constitution, giving them then
common and appropriate meaning.
The first instance presented to our cohSr
dcration bv the honorable gentleman nom
GEORGIA Mr. C1awford) OF the exercise OF
power bv Congress not enumerated In inc
was the erection Of light houses.
The gentleman from Massachusetts, MI
7 lo,aS 70 whose dspassionate observations
listened with great pleasure, supefaoqeo NV
instance of the erection OF custom houses. on
these. both of the gentlemen seemed 10 Pi''c
great reliance, as cases in point with the one
under consideration Both these powers
concc;ve are given to Congress by the express
words Of the constitution but 1t should be
mistaken in this idea, they arc certainly CON-
pretended as Incidental and suoser'ient TO,
or in other words, "necessary and proper
for carving into effect some OF the ennme-
rated powers. o;re
to Congress the power TO lay and J.. collect il :,
taxes, duties, imposts and excuses, &c. &c.
C To regulate commerce with foreign nations \:
amongst the several states, and with the lndl- !
an tribes :. ato exercise exclusive legislation !
in al, cases whatever, sc. over all places ptr-
chased bv consent Of the legislature OF the
state in which the same shall be, tor the cree
ton Of forts, magazines, arsensls; docS-ySrds'
and other needjM buildings" From these
cl,uses of the constitution, taken in connection
A. nj (OnpreSS