The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-05-31

"ei"'eu poWeTs. Dut, SIR, the most I'm.
portant bearing of this clause appears u
me 20 be. the designation of the depart
ment, which should be the ultimate deposi
tory of all the powervested in the govern
| ihent by the constitution. Thus Congress:
| Is declared not only TO have power to pass
al laws which shall be necessary & proper
Tor Carrying in execution the pow.rs par
ticuiHrly coniided to its management, but
an otJer p wers vested by this cons,itu-
ton IN the government of the " s. or in a.
ny department, or officer thereof."-This
olause,>I think, intended to settle all differ.
ences betweenthe departments respecting
tue ultimate deposit OF power, in which
iight 1t has been Hitherto too little regarded,
None OF 'hese considerations, however. can
vary IN the smallest degree the results I
nave attempted TO draw against the now
er OF Consress to resort to enumera.
teo' original, substantive power, general
III itS character and operation, as the
necessary and proper means for carry
lng INTO effect any of the enumerated pow
ers
This brings ne to consider the obseryati
ons o. the gentleman (Mr. Craw fcrd) upon
the 4th article of the constitution In the fol-
lowing words.
"kull faith and credit shall be given in
each state, to the public acts records, and
JUDICIAL proceedings OF every other state
ana the Congress may, by general laws, pre-
scribe the manner in which such acts. re
Cords & proceedings shall be proved, & the
effect thereof"
ne CITIZENS or each stae shall be emf
ttd to all the privileges & inmunties OF citi-
zens in the several states
a person charged in any state with
treason, felony, or o.her crime, who shall
nee from justice, and be found in another
state, shall. on demand OF the Execu-
i've authority OF the state from which he
nea. be delivered up, to be removed
70 the Slate having Jurisdiction of the
No person held to service or labor in
one state, under the laws thereof. esca
ping into another, Shall in consequence of
any law or regulation therein, be dis
charged from such service or labor, but
shail De delivered up on claim of the par
.y 10 wnom SUCH service or labor NAV be
due" 10y "
The gentleman observed, that this article
Contained no gram of power whatever; il
was merely declara,ory Of certain princi
pies, which ought 10 be LETT to the states to
carry into ettect-yet Congress had passed
laws IN relation to several of these sub
Jee.s' cSs' ana OF course t. nscended The Ii
ulitS OF the constitution; OF rather had le-
glsiated upon subjects not enumerated. &c.
o these observation, would reply that /
90 consider these Clauses as investing the 90
verhTnent generally with tho exercise Of ALI
'hese powers, altho' the Particular depart-
ment intended toI their exercise is not here
deslgnated but by reading these clauses
In connection with the clause before read
1t viii be found that Congress is Inlrus
Tea with the execution OF these powers
congress shall have power to pass all
In ~. l.
ia"s' winch shall be necessary and proper
tor carrying INTO fleet the foregoing powers,
ana AL other powers vested by this colsti-
tuition In the government of the u. >. &c. Itis
then clear. hat other powers were vested.
and Intended to be vested in Congress, be
sides the foregoing enumera,ed powers: all
the powers IN the 9Th ar.icle, presume Ia
De strictly OF this description. That this is
the understanding of the article is evin-
ced by the concurrent opinions of the re.
neral and state governments in thes,. re-
spects. q
The difference of opinion therefore be-
tween the gentleman and myself consists in
tnis' nat the principles here declared, he
'hiaks, onght to be executed hy .he s,ate
authorities; and think they were Intended
70 oe executed by Congress; and If my in
depreciation. be correct, then Congress
mas not transcribed the limits of its au
thorityt
This solution. is at least satisfactory RI
myself Another argument urged by the
honorable gentleman (Mr Crawford) re
CURES some attention. The gentleman con
sidered he general and state. governments.
taken collectively as forming nne COM lete
sovereignty he then referred 10 clause
IN the constitution which he conceived exs
Guided the state governments from the right
10 grant back charters and thence inferred
the right in the general government. &c. -
Although L have full confidence in the opi-
mons generally expressed by that gentle
man; Cannot concur with him in this mode
OF deriving power to the general govern
inent IL Is directly repugnant to The pTin-
ciples of construction | have lust supors-
ted and therefore cannot yield my assent
to it..
Ehe 1oh section of the 1st article saws.
mo state shall enter iH,o any treaty or a
lance or confederation grant letters OF
Warque Snd ieprisai coin money. emf,
bt'is OF credit, &c" The particular terms
OF TINS section, selected to exclude the states
nom incorporating banks are these 90 M
state snail emit bills of credit" The CEN
tleman supposes, that a bank bill 10 a bill
OF credit, and, therefore, that the states can
not establish an institHtion to issue bill
OF credit. DuI ideas differ as 10 the me an
ing OF the term "bils of credt"-As to the
argument oil the gentleman, that he who
aces an act by another, does il by himself
II does not apply 10 the present case--fo1.
~ we TeCuT the Chaetere ,r 60,