Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1811-05-27

1
! .,r,,y;.,r into execution its own po"eiS'
defendant upon the state legislatures ~
1T nyrnosc: and il was too important oii1cf
ave.. in the organization Of the present C iorlhe
! Government, to be lett to cohs'iu1
| was therefore expressed, to declare liz . u.
character OF the present government az. ~
proclaim its sovereignty upon all INC SUI,
Of the enumerated powers. But slr' 'i'e i''o'
;rnportant bearing Of this clause appears 70 DIX
to be, the designation OF the department,
which should be the ultimate depository Oh d
the power vested in the government ny inc
constitution. Thus Congress is declared no
onlyto have power to pass all laws whicn shal
be necessaryS proper for carrying INTO execu
tion the powers particularly coAiided !" \,
management, but al other powers vested
by this constitution in the government o. the
L. States or in any department or ofticer thcfe-
OH This clause think, intended to settle
all differences between the departments res
pectng the ultimate deposit OF power III
which light it has been hitherto too little re-
parded. None Of these considerations, now
ever, can vary in the smallest degree the re-
suits have attempted to Draw against ue
power of Congress to resort to uncnumeratco
original substantive power, general IN It's cha,
racter and operation, as the necessary ana
proper means for carrying into effect any OF
the enumerated powers.
This brings me to consider the observa-
tons of the gentleman Mr.. CraW.orol upon
the .th article Of the constitution III the foi-
lowing words.:--
Full faith and credit shall be given lii each
state, to the public acts, records,and judicial
proceedings OF every other state. And the
Congress may, by general laws, prescribe the
manner in which such acts, records and pro-
ceedings shall be proved, and the effect there
Of"
The citizens of each state shall be en-
titled, to all privileges and lmmunites OF
citizens in the several states.
ga person charged in any state with trea-
son, felony, OF other crime, VINO Shall nee
from Justice, and be found in another state,
shall on demand of the Executive authority OF
the state from which he fed, be delivered up
to be removed to the state having jurisdiction
OF the crime"
No person held 70 service or labor IN one
state, under the laws thereof, escaping INTO
another, shall, in consequence OF any law or
regulation therein, be discharged from such
service or labor, but shall be delivered up on
claim Of the party 70 whom suCn se''1oe u
labor may be due"
The gentleman observed, that this article
contained no grant Of power whatever; It was
merely declaratory Of certain principles, which
ouch. 70 be left TO the states TO carry into et-
feet; vet Congress had passed laws il rela-
ton 70 several of these subjects sc. and OF
Ia he IF ne H.,
ton or rather had legislated upon subjects
not enumerated, sc. 10 these observations
would reply that DO consider these clauses
as investing the government generally with
the exercise OF all these powers, although
the particular department intended tor tneir
exercise is not here designated /; but BY read
ing these clauses In connection with the
clause before read, i. will be found that Con-
cress is entrusted with the execution OF these
Dowers.
Congress, shall have power to pass all laws
which shall be necessary and proper tor car
rving into effect the foregoing powers, and al
other powers ves,ed by .his constitut'2r IN me
eoyernment of.he L. StQtes, &c. 1t Is then
clear, that other powers were vested, anc In
tended to be vested in Congress, besides the
foregoing enumerated powers all the pow
ers in the 4th article, presume to be strictly
Of this description. Tha: this is the under
standing of the atticleis evinced by the con-
current opinions CT the general and state 60
rcrnments ii those respects.
The difference OF opinion therefore between
the gentleman and myself consists In this.
That the principles here declared, he thinks,
ought 10 Be executed by the state authorities;
and / think that ,hey were intended to be ex-
ecuted By Congress; and if ny Interpretation
be correct. thea Congress has not transcend
ed the limits Of It's authority.
This solution is at least satisfactory to my
self Another argument urged By the honor
able gentleman (Mr Crawford requires some
attention. The gentleman considered the &C.
neral and state governments, taken collective
IL, as forming one complete sovereignty he
then referred to a clause in the constitution
which he conceived excluded the state 60
vcrnmcnts from the right to grant bank char
tiers and thence inferred the right in the ge-
neral government, sc. Although have full