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

and custom: houses arc particular species.
,Y'hc reason with the trainers. OF the constitute.
on for using this general term, is obvious. 1t
was. because it was impossible tor them to
foresee all the particular species OF needful
buildings, which might become necessary to
the salntary operationstof this government in
the course of It's complicated and due admin.
srration they therefore wisely left that sub.
;sct to the discussion of Congress, restrained
and limited, nevertheless, by the requisition Of
the consent of the legislatures OF the states re-
spectively, in every case proposed tor the
exercise of this discretion. That this is
plain and correct Interpretation otathe
constitution, is evinced by the, concurrent
opinions of every Legislature OF every state,
which has heretofore coded lands for
snv Of these objects and it is to. be- re-
marked, that Congress has never attempted
70 erect any of these buildings without the
constitutional rcquisition of the consent OF the
states respectively. But if this term need
full buildings had not been expressed IN the
constitution, should~net hesitate to admit
with these gentlemen, that the erection. OF
light houses and custom houses might probi-
bly be dcduccd from the power to lay
and collect taxes, duties, sc. &c; and
from the power to- regulate co,nnaeree, &c.
which are particular grants Of powef enune.
rated in the constitution. Because Custom
houses are appropr:a ely necessary to the col
lection of duties, and have always been deemed
Indispensable for that object, as are light hous-
es to the due regulation vi commerce. -tr.
These two power ,re indispensably con-
pccted with, and subservient to particnlar,enI-
n,erated powers, and arc therefore Amongst
the means, which are necessary ard propefior
their eFectuatjon and as such, aregivcnto
Congress by the express words OF the consG-
tuition, which are: Congress shall hayc poa-
or Is to make all laws which shall he necesss.
~ and proper for carrying into execution
the foregoing powers, and all other powers
vested by this constitution in the government
of the Y. States, or in any department., Or
Office, thereof" From this course OF inter-
probation, the gentlemen, reasoning from a
supposed analogy, have asked, it Congress
Can derive the right to erect light houses &
custom houses, from their necessary agency III
cffectuasing the particular powers to Wick
they are said to be appendant or appu",enans;
why may it not iii the same way ncrist the
right of granting charters oijncorporatio1 tor
the same objects: Or Iii otEer words, if
Congress can constitutionaliv erect cns,GEl
houses for the purpose, or Is tie necessary.
means, of collecting duties; why may it gct
establish bank for the same object Sc. Sc. ,
Tie question is admitted to be fair egs;
and if clear distinction cannot DC made IN
the two cases, it will be admitted either that
Congress nay cousti.utiona!ly establish :
oank, Or that it has heretofore transcribed It's
powers. in erecting custom houses, &c. a
lear and most obvious distinction appears
10 ne to exist in the cases suggested by the !,
Gentleman to be analogous, arising from the
striking difference in the nature ard essential
:haracter of these powers. a custom house
IS in its nature incidenta! and sutservient 70
he collection Of duties. 1t is one OF the
necessary and proper means to e.
uct that end. 1t is believed that in no com
ncrcia country in the worldare duties collect
I'd without them. Besides the erection Of
custom houses does not involve in it the ex-
srcise Of any other higher or consequential
covers. The same remarks will apply 10
light houses, as amongst the common, neces-
,ary and proper mc;.Ds for the regulation Ct
&c. sc.
(Steerh to be continued.
Cecs--