Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-07-05


t;rely omitted. That the powers OF con-
gress are expressed intems which, without
its aid, enable and require the legislature
tn execute them, and of course, to take
means for their execution. That the choice
of these means devolye on the legislature,
whose right, and whose duty il is, to adopt
those which are most advantageous 10 the
people, provided they be within the limits
ofthe constitution. Their constitutional
ity depends on their being the natural d.
rect, and appropriate means, or The known
and usual means, for the execution OF the
given power.
In no single instance Goes the court adj
nit The unlimited power Of congress to "a
dept any means whatever. and thus to
pass the limits prescribed by the constl-
tuition. Not only is the discretion claimed
for the legislature in the selection OF its
means. always limited in TERMS to such
as are appropriate, but the court ex-
pressly says, should congress under the
prete1t of executing its powers, pass laws
for the accomplishment Of objects, not en-
trusted to the government, it would be-
come the painful duty of this tribunal,
should case requiring such decision
come before it, to say that such an act was
L Al L., o( thu Ia nd -
How then can Hampden justify to his
country, or even to himself, the declara-
tons Sc that the court had resolved to put
down all discussions respecting the pow
ers of the government in future, ny a
judicial coup de main to give general
letter of attorney to the future Legislators
Of the union and to tread under foot all
lth,se parts and articles Of the constitu'
ton which had been heretofore deemed
to set limits to the power Of the federal le-
pislature. That in fact " the court had
granted to congress unlimited powers IN
der the pretext Of a discretion in selecting
means?"
10 grand effort to impair the constitu-
ton OF our country by construction, the doc
trine .'ibat the end will justify the MEANS"
seems not TO be entirely exploded.
Hampdeu is much dissatisfied with the
declaration Of the court THAT the general
government, though limited in its powers,
is supreme within the sphere OF It's action.
He docs not understand this argon. This
word supreme" he says, "does not sound
we'll in government which acts Hndera
limited constitution"
This writer, the least Of whose charges
against the supreme court is inaccuracy ot
language, would seem to have coutounded
Supremacy with despottsm. The word SD
preme" means highest in authority" and
there mus. be highest in authority under
a limited, as well as under an unlimited
constitution. Is no the government OF the
union, "wlthin its sphere oil action, "su'
pren,e, or III CHEST in authority! l MS
IS certainly the fact, and us as certainly
the Iany wage of the constitution. Thai IN
s,rument declares, that This constitution
and the lawso the United States. made
in pursuance thereof" sc. shall be the
supreme law of the land" The states,
the state Judges, and the people. are bound
by it, "any thing in the constitution or
laws Of any state to the contrary no'wilh-
Standing Is not that power supreme
which can give the supreme law !
The constitution may be changed. any
constitution may be changed. But while
il remains what it is, the government
"whiIe moving within its proper sphere, !"
is supreme. What authority is above j. (!
This '.jargon' may CRATE harshly on the
ears of Hampden, and he may be unac-
customed tot bat it is the language OF
truth, and Of the constitution, and his
dispIeasure will not Danish it. The lam
ruage OF nature and OF truth would crate
barsbly on the ears of an Eastern dsspot,
.unaccustomed to its words, He would not
ike "sueh jargon.. But it would mot be.
on that account, inaccurate or improper.
Ia the continued spirit OF misrepresenta-
ton, Ilampdes says, "The court is OF
pinion, that the right TO establish a bank
stands on the same foundation with that to
exact oaths of Office - and also, that "the
denial of right to establish banks""car
ries with il the denial of that Of annexing
punishments TO crimes.