Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-05-18

that II directly and necessa-
rily tends to produce the desired eff CT
But none can think it so indispensably ne
cessary that the end cannot be produced
rithout II. The end was produced. Hour
was manufactured, before the elevator and
hopper boy were invented.
The same may be observed ofthe cotton
machine of the south, Of the use of Gypsum
on farm, of many things which occur in
the ordinary transactions of human life.
twill be readily perceivedineve case,
that this rule of construction, which seems
to have escaped A0phycIion in moment
when the particular object of his essay was
out of view, and that contained in the OPT
MON he condemns, are precisely the same,
and are both in direct opposition 10 that
other restricted rule by which he tries the
reasoning of the Supreme Court.
If, as think all will admit, that con-
struction of the words in which Amphyc-
ton and the court concur, furnishthe true
rule of constituting the words " accessory
and proper" in contract between man
and man, how much more certainly must
it be the true rule for constituting con.
stitution-an Instrument the nature of
which excludes the possibility of insert
ing in it an enumeration Of the means of
executing its .peci6c powers. If this rule
be applicable to the relations between in
dividuals, how much more applicable must
it be to the relations between the people
and their representatives, who are elected
for the very purpose Of selecting the best
means of executing the powers of the 60
vernment they are chosen to administer.
| have confined my observations TO The
reasoning of the Supreme Court, and have
taken no notice Of the conclusion drawn
from it, because the essays am reviewing
make no objections to the latter, but de-
nounce the former as false and dangerous
] think, on the contrary, heard nothing
when | assert that the reasoning is less
doubtful than the conclusion. myself
concur in the conclusion; but DO not fear
contradiction from any fair minded and in
telligent man when say that the prirci-
pies laid down by the court for the con-
struction of the constitution may all be
sound, and yet the act. for incorporating the
bank be unconstitutional. But # the act
be constitutional, the principles laid down
BY the court must be sound. defy Am
ply ction, DEFY any man, to furnish an ar
gumenl which shall at the same time ,pv*e
the bank to be constitutional, and the rea-
soning OF the court 10 be erroneous. Why
then is Amphyction so delicate on the con-
stitutionaIily of the law, while he is vehe-
ment and strenuous in his exertions TO rouse
the nation against the court? If We do not
account for this by saying that the court is
less popular, and therefore mo- vulnera-
bic, than the executive and the legislature.
how shall we account for il?
Before conclude let me ask this gen.
tleman and those who think w.lh him. What
train Of reasoning would have satisfied him
and them? The court d. not volunteer in
this business. The question was brought
before them, and they could hot escape it.
What course then does Amphyction think
they ought to have adopted! Does he think
they ought 10 have declared the law I'M
constitutional and void? He does not say
so; and we are not permitted to draw this
inference from what he does say. After la
menting that seriutins opinions were not
delivered, he supposes what might have
been the opinions of judges concurring in
the decision, but dissenting from the rea-
soning, delivered by The Chief Justice
"Some of them, he says, may have be-
lieved that ii was for congress to have judg-
ed of that necess ty aud propiiety, and ha-
wing exercised their undoub,ed functions
in so deciding, that it was not consistent
with judicial modesty to say there was no
sucu necessity and thus TO arrogate to them
gives right OF putting their veto upon a
law"
Again, he says: " 1t may however be
asked, whether can at this day pretend
to argue against the constilutionali;y of
bank established by congress ? In an
swer, reply that il is not my intention
by these remarks TO bring that subject
into discussion. | am willing TO acquesce
in this particular case, so long as the