Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-04-23

assume any other psrer, but whci is confa;i.
| ed sa the constitution, witkOnt a5sofnfe nSHr
pation. Another security is that il the,
aiiempt s.ch an usurpaiion, the iuilucnc,
ct The stale governments will stop IL n
The bud OF hope"
Again the same gentleman remarks. -
shall lake notice uf what The hono,a
bic gent man sand with respect TO .i,,
power 10 provide for The general welfare
The meaning oI tins clause has been
perverted TO alarm our appreheDsions.-
The whole clause has NOT been read To-
ge,her."- He then quotes the language
ot the constitution, aud thus, concludes
The plain and Obvious meaning %! this
~, that no more duties, taxes impos'S and
excuses shall be laid than are sttliciem,
10 pay The debts and provide for The com
mon dcitmcc and general welfare of the
u. STATES"
MIR. George Nicholas upon The same
subject says, after giving the ltuguacc
Ofthe constitution" The committee - III
perceive That the constitution had enu-
Giera;ed all the powers which the & neral
government should have; but did mol say
aoao they were To be exercised. Il: there
fore tells IN this clause how they shall he
exercised These opinions are entitled TO
much weight, both on account OF The dis
tlnguished Patriots who gave them, aud as
the interpretations tIlic people themselves
through their representatives of the con-
stituiion they were about 10 adopt.-lf
any other construction prevails, the ge-
neral government becomes an unlimited,
instead of a limited one they can ACT on
amy and every subject in any and every
form they please, the state governments
become mere appcndages 10 il, Deepen
dent for them continuance in fact upon
the will OF congress, q the President. The
constitution when taken altogether will
not counfenance such monstrous idea I;
loralthougil tiepowerof eXaciing ailiaws
necessary and proper, for carry ing into
execution the delegated powers. is given,
YET tins evidently relates TO the powers
expressly sci forth in the constitutions.
ihe words are foregoing powers. 1T
gives no additional authority 10 the ge-
neral government, and if the clause had
been omitted altogether, yet no one would
have denied 10 congress the power OF en-
acting laws imposing taxes, for the APP
polniment OF collectors, Tor regulating
the Judiciary, and creating post offices
and.post roads. these are the Obvious and
the only means of executing The powers
granted, as TO these subjects.-Nor is il
left TO congress by the terms used in this
clause 10 select The means, for the cOnsii-
tuition has made that selection TO consti-
tuie legitimate means il must be both
necessary and proper "ii il iails,in eli
ther of these requisites, the congress'travel
beyond the limit of their authority nor
do these terms mean convenient or coli
ducive TO" as said by the court If So,
congress have 10 limit TO their authority,
the constitution is not worth rush, il is
worse than useless. il holds out delu-
sive and iailacious hope 10 the American
citizen, that there is "a certain and sure
check 10 the corrupt or vicious legislator
in the constitution Of his country, and in
the flrrnness and purity of the Judiciary
who would eXpound any legislation under
that constitution so as 10 curb The en-
croachmenis of The ambitious aud dan
gerous.-This hope is gone, the highest
judicial tribunal IN America has expressly
said SO, and il becomes the duty of the
people to look TO some other guardian
than this shadow of "a constitutions, which
means any thing, every thing OF nothing,
as II nlav be convenient 10 Interpret it,
The 10th amendment to the constitution
was adopted by the several states, and
proposed III The Virginia convention with
an express understanding, that il was TO
be a check ON the last clause of the S,h
section ofthe lSt article, "that all powers
not delegated 10 the u. States by the
constitution, nor prohibited by it 10 the
States, are reserved to the states rcspec--
lively or 10 the people. Can words be
more comprehensive is there in the En-
glsh language any limitation that could
be more clear But iorsoOih because the
word expressly" was moi used i'll the
clause, the court have Interpreted lis
meaning so as TO give II no operation or
effect, and indeed have left II without
meaning clause is 10 restriction on
the powers expressly" granted, because
that would be unnecessary, nor can IL be
considered Il restriction on any implied
power, as the word " expressly" is not
used.-So indeed the court leave the con-
siliuion where IL was, before amendment,
and defeat by this interpretation the very
object of the convention, and the states.
Laying aside tile limitation, contained
III the amendment, does tile word "neces-
sary," mean in lis common acceptalion,
what the court have declared il does |
find IT thus defined; ".needful, fatal, con-
elusive :" and | find needful" defined as
" indispensably requisite" Yet The court
have said ii means convenient, or con
duciye TOP If congress and the president
jointly, really possess The authority of
seIeciing The means which they NAV think
necessary and proper" TO execute any
delegated power, and have no other con-
troll than their own discretion, then in
deed is their power unlimited the choice
of means becomes The choice of powers,
ana to execute one delegated authority,
they may select a means which may give
them ienfold greater power than the con-
siliulion coufers for any means may be
shewn 10 be" convenient or conducive to
the performance of prescribed IegisIa-
tive duty.
ask The plain unsopliisiicsted yeoman
If he contracts with his nelghbor 10 travel