Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-07-03


that the government which has right
10 do an act, and has imposed upnn i the
duty ofper'orming that act must, accord
ing to the dictates Of reason, have Alright
t. select the MEANS" Having reasoned
on this proposition, the court adds, but
the constitution of the United States has
not left the right OF congress to employ the
necessary means for the execution OF the
powers conferred on the government to
general reasoning. To its enumeration OF
powers is added that of making all laws
which shall be necessary and proper"
The meaning of the court cannot be mis-
taken. 1t is that this clause expresses what
the preceding reasoning shewed must be
implied. ,.n,
The court then proceeds, "The counsel
for the state OF Maryland have urged various
arguments to prove that this clause. tho
in terms grant Of power, is not so in et'
feet; but is really restrictive of the gene
raj right, which might otherwise be inn
piled, ofselecting means for executing the
enumerated powers"
The court then proceeds to combat
these arguments Of counsel-and combats
them so successfully as to draw from
Hampden himself the acknowledgement
that" the words prohibit nothing to the
general government" {" 1t is only COIL
tended" he says, That they create no
enlargement of the powers previously gi-
ven" Yet after thus explicitly Welding
the point which was really in contest, he
attempts to turn tins total defeat into
victory ny contending that those argu-
ments which were urged to prove that
this clause did not restrain the powers OF
congress were brought forward to prove
that it enlarges them, and fails OF doing so.
No nan. think, who will even glance
at the opinion. will fall into the error into
which Hampden would lead him. The
court, after reasoning at some length upon
the clause, saws. "To waste time and ar
gument 10 prove that, without it. congress
might carry its powers into execution,
would be not much less idle than to hold
lighted taper to the sun. As little can il
be required to prove that, in the absence
of this clause, congress would have some
choice OF means" &c. "This clause
the court adds, "as construed by the state
of Maryland, would abridge. and almost
annihlate this useful and necessary right
Of the legislature to select its means. That
this coulu not be intended, is, we should
think, had it not been already Controvert-
ed, too apparent for controversy. We
think so for the following reasons The
clause is placed among the powers of con-
gress, and not among the Limitations on
those powers
The court proceeds 20 state several o.
Their reasons, to show that the clause could
not have been intended Iy the convention
to abridge those powers which congress
would otherwise have possessed, and con.
cludes with expressing the entire convic-
,ion that it c"ut moi be construed "to i'm.
pair the riaht OF the legislature TO exercise
its b,s, iu!eemen n the selection of mea-
sutes to carry into execution the c"nstitu-
tional powers OF the government" Hamp
den himself refers to that part of this con-
cluslon which assigns 10 the clause the Of
fee Of removing ala doubt respe citing the
right "to ieg.Sia.e on that vast mass OF in
Oriental powers, whith must be involved
in the constitution" and approves il. Yet
he has mentioned this argument, "that the
clause is placed among The pow ers of con.
gress, ami not among the limitations on
those powers as his first objection TO the |
opinion OF the court and he objects to it, !
moi because the statement is untrue. but
becaus. the court urged il 10 establish An !
enlarged construction. an extension Of !
the powers OF congress. !
appeal 10 any man Of the most ordina.
ry understanding, when ] ask if Hamphen !
can possibly have misunderstood the Opt !
Mon OF the supreme court on this point ?
If he has not, why has he misrepresented it?
The second reason assigned by the court !
to prove that this clause could not he in !
tended to abridge the powers Of congress, !.
is, "Thst ito terms puTport to enlarge, not |;
to diminish the powers vested in the gov
eminent"
Its terms are. Congress shall have !
l. 1 L Il L