Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1811-04-30

D
onr duty to give AT answer to.
Az Crawford said that he should proceed,
tbourh reluctantly, to explain the reasons ol
the committee for reporting the r,!l' "hi'A -
now under consideration After tiic ''loS' ia
,,y+e examination Of thc constitutions the ma
;crity of that committee were deoiceoiy o'
Union that the congress of the United ot''es
were clearly invested with power to pass such
a bill. The object Of the constitution Was TWO
field. LIST the delegation OF certain gehefal
movers, of national nature, to inc goVoiH-
ment of the United States and "a the lirhi'"-
tion or restriction of the state soyerelghtics.:-
Upon the most thorough examination Oh 'lilS
instrument, | am induced to believe, that ma
NJ of the various constructions given 70 lt' arc
the result Of belief that 1t Is absolutely per-
feet. 1t has become so extremely fashionable
tn eulopize this constitution, whether the op-
;cct of the eulogist is the extension or con-
fraction of tn. powers of the government,
that whenever its eulogum is pronounced,
feel an involuntary apprehension OF m'schiei.
Upon the faith of this imputed Periectloh' IL
has been declared 10 be Inconsistent with inc
entire spirit and character OF this instrument,
TO suppose that after it has given general
powcr il should afterwards delegate a speclhc
power fairly comprehendcd within the general
power. A rational analysis OF the constitution
will rcfute in the most demonstratlvc m inner
this idea of it's perfection. This analysis may
excite unpleasant sensations 1t may assall
honest pre- udices; for there Can be no DOUBT
that honest prcludices frequently exist, ard
are many times perfectly innocent. But when
these prejudiccs tend to destroy even the OBJ
iect of their affection, it is essentially Eeces-
s.ry that they should be erodicatcd. In the
present case, if there be any who, under the
conviction th,t the constitution is perfect, are
disposed to give it construction that will
render it wholly imbccilc, the public weiiAre
requires that the veil should be rent, ami that
its imDerf.ction should be disclosed to public
view. Bv this disclosure it will cease to he
the object OF. 'oration, but i will nevertheless
be entitled to our warmest attachment.
The sth Sec Of the LIST art. of the constitution
contains among others the following grant OF
powers, viz. to coin money, regulate Che va
iue thereof, and of foreign COIN and fix the
standard OF weights and measures; to raise
and support armies to provide and MAINTAIN
q navy to regulate commerce with tcrcign
nations, and among Tie several states and
with the Indian tribes to establish post Offices
and post roads. This selection contains i've
grants of general power. Under the power
to coin money it is conceived that Congress
would have a right to provide tor the punish
ment Of counterieltIng the money after 1t was
coined, ard that this power is fairly inciden-'
tai to-, and comprehcnded in, the general pow
er. The power to raise armies and provide
and maintain 4 navy comPrchends, beyond The
possibility of doubt, the right to make rules
for the government and regulation Of the land
and naval forces; and yet i'll these three cases..
the constitution, after making the grant of
general power delegates specifically the pow
ers which are fairly comprehendcd within the
general power IF this however should be
denied, the construction which has been uni
formly given to the remaining powers which
have been selected, will establish the fact
beyo.d the power of contradiction. Under
the power to regulate commerce, Congress
has exercised the power of erecting light
houses, as incidental to that power, and fairly
comprehended within it. Under the power
to establish post-offces and post roads, Con-
gress has provided for the punishment OF Of
fences against the post-ofhce department. If
the Congress can exercise an Incidental pow
er not granted in one case, it can in all cases
of similar kind. But it is said, that the emu
meration of certain powers excludes all 'other
powers not enumerated. This is true so far
as original substantive grants of power are
concerned, but it is not true when applied to
express grants of power which are strictly
incidental to some original and substantive
grant ofpower. If it were true in relation
to them, Congress could not pass law to pr-
rish offences against the post-ofice establish
yY.cnt, because the constitution has expressly
given the power to punish offences against
the current coin, and as it has given the pow
err to punish offences committed against the
grant of general power, and has withheld It in
relation to the power to establish post-effices
ard post roads. Congress cannot, according
to this rule of construction, so warmly con-
tended for, pass any law to provide for. the
punishment Of such offences. The power to
make rules for the regulation and government
of the land and naval forces, have shewn to
be strictly incidental to the power to raise ar
mics, and provide and maintain navies, but,
according to this rule of construction, all In