Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1811-05-01
CONGRESS-
U.yITED STATES BANK.
IN SENATE.

ton. and We, it is admitted, nay, even asseitea,
that Congress would have power 70 pass al
laws necessary to carry the consutut,c'i i','0 e'
feet. whether it had given or "ithheia .'e
mower which is contained In the loii""ihS
narspraph of the Sth section oil the iS' aft'-
rle e 70 make all laws which shall be neceS-
s,rv and proper for carrying into execution
,bs f,reyo;nor mowers and all other powers
vested by this constitution in the government
of ,he IJn;,ed States or in any department or
officer thereof" If this part OF the oohsti'u-
ton really confers no power,r az least "cooi-
ding to this opinion, STRIPS 1t OF that "l,io"'e
&C perfection which has BY these geh'ie'nah
been ascribed to it. But, SIT, this is lot inc
fact. 1t does confer power OF the most SUD
s,artial and salutary nature. Let us, SIT, take
a view of the constitution upon the supPosl'loh
that no mower is vested in the government oy
this clause. and see how the exclusion OF pow
bv implication can be reconched TO tne most
important acts Of the government. he con-
stitution has expressly given Congress power
6 to constitute tribunals inferior to the SUI
nreme court" bat it has no where expressly
riyen the power to constitute supreme court
In the Sd art it IS said, the judicial power
of the United Stat shall be vested, IN one
suareme cou-t, and in such inferior courts
as the Congress may from time to time or
dam and establish The discretion, which
is here give to Congress, is conhned to the
inferior courts, which it may from time to
tine ord; and establish and not to the SUI
Dreme court. In the discussion which took
place upon the bill to repeal the judicial sys-
tenn of the United States in the year 1907, h!s
distinction is strongly insisted upon BY the ad-
vocates for the repeal. The supreme court
was said TO be the creature of the constitution
and therefore intangible, but that Congress.
possessing discretionary power to create OF
not to create interior tribunals, had the same
discretionary power to abolish 1t whenever
was expedient. But if even the discretionary
power here vested does extend TO the supreme
court. vet the powered Congress to establish
that court must rest upon implication ard up
Oh in.rtieation alone. Under the authority 10
establish tribunals inferior 10 the supreme
court, tic power 20 establish q supreme cs'lrt
would, according 10 my IDEAS, be vested III
Coneres s. br implication. And, SIR, It IS only
vested by implication, even y TIE declaration,
that Congress stAli have power TO pass an
laws necessary, ano proper 10 carr! ihto el-
feet the power vested IN any department. or
officer OF the government should teileid to De
all onerative grant. Under this grant, Con-
eress Can pass laws to carry into effect the
bowers vested 10 toe judicial department,
What are the powers vested IN this depart
ment! That II shall exercise jurisdiction IN
all cases in lazy and equity arising under this
constitution. sc. in all cases affecting alnbas-
sailors, sc. SC sc. but the power to create the
INTO efTa rf ne
ers given to or vested in that department, are
very different things.
The power to create the Supreme Court
cannot be expressly granted IN the power to
pass all laws necessary and proper to carry
into effect the powers vested in that court, but
must, as have endeavored to prove, be de-
rived from implication. Let ME explain my
understanding of power which ex SITS by I'M
plication, by an example which Will be COM
pretended bv all who hear me. In devise,
an estate is granted to A, after the death OF b,
and no express disposition IS made OF the es-
tate during the life of A ; in that case A Is
said to have an estate for life, by implication
in the property so devised. 90 when the con-
stitution gives the right to create tribunals III
ferior to the Supreme Court, the right to Gre
ate the Supreme is vested IN Congress by I'M
plication. Shall we after this be told that
Congress cannot constitutionally exercise any
RIGHT by implication By the exercise OF
right derived only from implication, Congress
ha, organized Supreme Court, and then,
as incidental to this power, existing only by
implication, it has passed laws to punish Of
fences against the law by which the court has
been created and organized, Sir, the right
of the government to accept OF the district OF
Columbia exists only by implication. The
right of the government to purchase or &C
cept of places for the erection OF forts, maya
zines, arsenals and dock-yards exists only by
implication, and yet no man in the nation, so
far as nv knowledge extends, has complain
ed of the exercise OF these implied powers,
as an unconstitutional usurpation of power.
The right to purchase or accept OF places for
the erection of light houses, as well as the
RICH, to erect and support light houses, must
be derived BY implication alone, if any such
ripbt exists. The clause in the constitution
which gives Congress the power "Io exer-
else exclusive legislation in all cases wIlatso-
. ever over such district mot exceeding ten