Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-03-23


means OF being well governed. The
power of creating corporation is neye,
used Tor lis own sake, but for he purpose
oI eHecting something else. No suifici-
eni reason is, therefore, perceived why II
may moi pass as incidental to those pow
srs which are expressly given, il il be
uirect mode OF executing them.
Dut The constitution of the United
STATES has moi lett The right of Congress
to employ The necessary means tor The
execution OF the powers conferred OH the
soNe'niD' M, 10 general reasoning. To
us enumeration of powers is added that
oi making call laws which shall be neces-
sar' aud proper for carrying into execu-
non The foregoing powers, and all other
powers vested by this constitutions, IN
me government of the United States, or
III any department thereof"
The Counsel of The State of MARYLAND
nave urged various arguments. topr0ve,
maj inns clause though in terms grant
OF power, Is not so IN effect; but is, real
~. restrictive OF the general right, which
might Otherwise he implied. of selecting
means Tor executing the enumerated pow
erS.
They have found il necessary TO con.
tend THAI this clause was inserted for The
purpose OF comforting on Congress the
power of making laws. That. Without i,
uo"bis might be entertained, whether
congress could exercise It's powers In
the form OF legislation.
bui could this be the object for which
u was inserted a government is created
ny lie people, having legislative, execu-
1--WE, ana judicial powers. lis legislative
powers are vested in "A Congress- which
Is TO consist of Senaie and House OF
representatives. Each House NAV de-
lermIne The rules of its proceedings: and
u is declared that every bill which shall
have passed both Houses, shall, before
IL oeceme a lan, represented To the Pre-
sldent OF the United States. The 9TH
section describes the course of proceed
nSs, by which a bill shall beconie a law ::
ana, then, the Stb section vuumerates the
powers oil Congress. Could IL be neces
sary 10 say, that legislature should ex-
S'c!se legislative powers, in The shape of
legislation A'ler allowing each house
~ prescribe It's own course OF proceed
ing aiier describing the manner IN
which bill should become a law. could
1T have entered INTO the mind of sin ole
member of the convention. thai AN ex
press power 10 make laws was necessary
to enable the legislature TO make them 2
hat legislature, endowed with lesisls-
I'VE powers, can legisIaie, is a PROPOSE
ZION loo self evident to have been auesti-
oned.
But the argument on which most reli-
ahce is placed, is drawn from the pecu
liar language OF this clause. Congress is
MOI empowered by II 10 make all laws
which may have relation 10 the powers
conferred on the government. but such
only as, may be "meceSSayy and proper
tor carrying them into execution. The
word " necessary" is considered as con
trolling The whole sentence, aud as limit
ing the right 10 pass laws for the execu-
non oil the granted powers, 10 such as
are indispensable, and without wbicl, the
power would be nugaiory. That it *
GUIDES The choice of means, and leaves
10 congress, III each case, that only
winch is most direct and simple.
Is II true, that this is the sense i'm which
me word " necessary" is always used /!
Does IT always import an absolute physi.
cal necessity, so strong, that one thing,
10 WHICH another may be termed necessa-
~, cannot exist without that other ?
we think 1t does not. Preference be had
TO ITS use, in the common affairs of
the. world, or in approved authors. we
hhd that 1t frequently imports no more
IL.
useful, or essential 10 another. To en-
pioy the means necessary TO an end is
generally understood as employing any
means calculated 10 produce the end. and
moi as being confined 10 those single
means, Without which The end would be
entirely uhattalnable. Such is the char
acter OF human language, that no word
conveys to the mind, III all situations, one
single definite idea 4; and nothing is more
common than 10 use words in n Utira-
tive sense. Almost all compositions cor
tam words, wbih, taken ia their riqo-
rous sense, would convey, a meaning
different from that which IL obviouslV
intended. II is essential 10 lust con.
slruciiOD that many words which import
something excessive, should be under
STOOD IN more mIiigated sense, i'm thai
sense which cOHImon usage lusiifjrs.
The word necessary" IS Of tins de-
scuptIoD. II has moi fixed character
peculiar TO Itself. Ii admins Of all de.
gTeeS OF comparison, and Is often con-
nected with other words which increase
or diminish The impression the mind re.
celves of tie urgency il imports. A
thug may be necessary, very Deces sary
absolutely or indispensable necessary.
To no mind would The same idea he
conveyed by these several phrazes.
This comment on The word Is well illus
traied by the passage cited al The bar
from the 10Th section of The Isl article Of
the constitution. Ills, we link. inpos-
sIbie to compare The sentence which
prohibits state from laying inposts or
duues Oh imports or exports, except " hat
may be absolutely necessary Tor execuiing
us Inspection laws" with lnst which an
thorises Congress " 10 make all laws
which shall he necessnrv and nrnnrr fnr