Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1817-12-27

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Incidental power, or one necessary and
proper 10 carry into effect power ex-
presSly granted by the constitution, needs
no such assent or concurrence.
The committee have laid great stress
upon certain acts of the general govern
meni, as fixing the construction of the
constitution, in this particular. This
mode OF argument would equally prove
tina, the noted alien and sedition laws
were constitutional. Those laws were
solemnly enacted by Congress, aud were
only done away by the interference of
the people. 1t what Congress has doue
becomes constitutional, II is only for Con
SresS 10 do any thing, and any thing be-
comes 4 part OF the constitution The
committee have, however, distinctly adj
miiied, ibat i'll some OF these measures,
Congress did exceed their auliioriiv.--
This Is admitted IN relation TO roads cut
without The assent OF the states, and for
the expense of which They required no
This concession by iiie
coiun,Iitee, entirely destroys the au,hori-
~ Oi the acts on winch they rely. The
maxim frksitra a., uao faisum an omuibaS,
strictly applies. The committee has laid
great stress IN paril ular, rpm Tie pas
sage of The bank law, and the aiedged
~ ogniions of rs constliutionali,y, by
Ill The departments OF the government
There are no such rccOgnltions III the
case before us and ii there We're, The
case would not be bettered. 1t is not for
the departments of the government, but
for the peOpie 10 amend their constitutions.
The question respecting the bank law
rests upon IFS own merits, aud shall not
now discuss it. AZ the tine, however
when the first bank bill Submitted to
MR. Madison was passed by Congress,
1t VAS al period OF great public dan
ger, and II may have been better TO adopt
if, than To be conquered by the British.
1t is probable too, that lis claims 10 be
brought IN as an incidental power, may
he stronger than those which exist III The
case before us. lfyou are 10 take the
concessions of Mr.. Madison, for an au-
thority, under all these circumstances
toe, of compulsion, why not yield 10 his
.freei' decisi"H, on the very point before us
Why not abide by the solemn veto he
promulgated at the last session? Why
not take the prompt and candid declara-
ton OF Mr. Monroe, in his late message,
for an authority? Why did the commit
tee rather choose to single out, 10 answer
their views, a solitary and possibly a
hasty decision of his, on the subject of a
particular military road l--lf the commit
tee must array the lallible decisions of
public servants, against the true priucI-
pies of the constitution, why do they not
give these principles the aid OF The known
and solemn concurrence, OF three of our
iiustrious presidents, upon the very polnt
before us Why does this COMMITTEE gar
BILE every thing which does NOT make in
their favor. in pursuit of this their fave
rite project?
While it is to be distinctly understood,
that the authority of none of the aberra-
tioDs by Congress from the constitution,
is admitted, some of them, however, do
moi apply, and may be easily answered.
The Wanted acquisition OF Louisiana, by
Congress, may he justified BY the lhird
section of the fourth article of the consti-
tuition. That section, by aulhorising the
introduction into the coBiederacy, of new
states, not comprehended within the H.
mits Of the old ones, implicitly admits
that the United States may increase then
territory and this construction, arising
out ofthat Instrument, is fortified by the
general principles and practice of mali
ons, in this particular. In that case there
was an acquisition OF territory, by the u
States, bat there was no aggression made
on that of any state. The acquisition
was, also, made by means of treaty
whereas the present power is claimed "a,
belonging to the legislature As To cut
ing roads through the ceded lands of the
United States, they are the property O
the general government, in exclusion o.
the right of the states. As 10 them the
right of soil carries with ii the right now
III question; as 10 them there is no loca
legislature but Congressman that BODY
possesses the same right over them, DIS il
does over the district of Columbia, or a.
Virginia does within her limits. These
instances of the exercise of power by
Congress, prove nothing as 10 the case
before us. They prove nothing as to the
proper territory of the several STATES
the cases are entirely different.
As for military roads, il is contended
that they may be opened, in time OF peace,
with the assent of the states. If they are
incidental TO the power of making peace
and war, such assent is wholly unueces.
sary. 1t is, however, no how necessary
TO The power of making war by one gov
ernment, that il should cut roads through
the territory of another. In respect tC
all powers not yielded up TO the genera
government, by the several states, they
remain completely distinct and othcl gov.
ernments. If this power, however, i,
thus incidental, il is, certainly, less Sc
than that of making "rules and regulatl.
ons for the government Of the land anO
naval forces This last power is pariicu-
larly included among those expressly civ
Ell 10 Congress: and If the power now il
question had been intended To be granted
IT YOU d have been, also, expressly men.
toned. If il is necessary to- convey
power which is, emphaiically, incidental
IT is more so to convey one Of d different
character. you begin with the insertion
oi persons or things an inferior grade Of
character, those Of superior are al
WAYS understood 10 be admitted.