Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1817-12-22

Where the authority Ciaimeh W the &C.
uera! government is oppressive in us cha
racter, or dangerous in its tendencies -
| where it is asserted without deterence to
state assent, and in derogatiOu OF state
power: where it is calculated to asgran-
iize the union and to depress it, MEN,
brrs, there may be some sasen for hold
iug the representatives of the nation to
the I" letter of their authority" But
| where the power sought to b. exercised,
is bene6eent in its effects, and only felt
in the blessing it coniers; where it Is not
proposed to act, except with the assent
Of the party which is to be affected =
where the measure is more calculated to
rncreasc the opalence and power OF the
state, than to aggracdize the union at its
expense; It might fairly be cDntendcd
hat less rigorous construction of the
constitution would be UNSUITABLE. 1t IS
ueihsr unprecedented nor improper tn
construe the same instrument literally,
where the interests Of the contracting
parties will be thereby promoted, and to
adhere to a greater strictness where irju-
~ may arise to either by an interpreta-
ton too lati,adinoIs. That the powers
in question are neither dangerous in their
tendencies, or calculated to prove inju-
riOus to the states, would seem fairly in
ferrable from the recommendation to "a
mend the constitution, and {, ON the i'm
pcr'auce so justly attached 10 these OBJ
jects on all bands.
But ysur committee, nevertheless, do
not conceive il necessary to call TO their.
aid the liberal principles of construction
which the OCCASION might justify. They
disavow any use OF the general phrase in
the constitution to provide for the COM
mnn defence and general welfare, as APP
plieable TO the enumeration of powers, or
as extending the power OF Congress be-
Ond the specified powers; and they adj
nit that to support their positions, it
must appear that the powers conteudsd
for are expressly granted, or that they
are both necessary and proper" for car
rying into execution some other express
powe".
That Congress. with the assent Of the
states respectively, may construct and
improve their past roads. under the pow.
er "to establish post Offices and post
roads," seems TO be manifest both from
the nature of things and from analoe Gus
constructions Of the constitution. 1t has
been contended, indeed. that the word
establish in this clause of the instrument
compyeheuds nothing more than a mere
lie signa'iUn o. post roads. But if this be
tue, the important powers conferred on
the general government, IN relation 10
me post Office, might be rendered in
great measure inefficient and inpractics. |
bic. IL some states a power is vested in !
the inferior tribunals or county courts to |
discontinue roads at their discretion a |
post road designated w Congress might !,
thus be diScor tEued to the great cmbar-
rlssEeDt OF the post oliice establishment. !
Ii the power to eStabish confers only the |
authority to designate, Congress caa have
no right either TO keep ferry over deep !
and rapid river FOR the transportation Of
the mails, or TO compel the owners of
ferry to perform that service and yet |
our laws contain an act, acquiesced in
Tor more than twenty years, imposing
penalties on ferrymen Tor OBTAINING the !
mail, and on other persons Tor reta,ding |
or cbstructiug its passage. IL would be
difficult to discover how this power Of |
imposing penalties Can be supported, eli. /
Their as an original or accessory power,
except upon principles OF more liberal
construction than those ROW advanced.
There are. therefore, not few who be-
'icye that. under the authority to " esta-
5lish" post roads, Congress have express
power to lay OUT, construct. ard improve
roads for the transportation Of the mails.
But, however tins may be, the au'hori-
ty which is conferred by the constitution
to make oil laws which shall be " neces
sary and proper far carrying Into exc
cution the enumerated powers is believ-
ed to vest in the general government all
the means which are essential to the CON-
plete enjoyment OF the privilege Of "es
tsblishins post Offices and post raads."--
Even without this clause of the constitu-
ton, the same principle would have ap-
piled to its construction; since, accord.
ing to common understanding, the grant
of power implies grant of whatever is
necessary to lis enisyment.
Taking these principles for our guide,
it may be asked, if under the narrow
rules Of construction contended for, the
right Of transporting the mails would not
be held entirely at the will of the states
ra.nact,valy n, 4ha otho. L..l :rxL.