Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-04-02

ATTAIN tue eiius uituOuSuthev may De good
III themselves, yet you shall not use
them.
We ought TO construe these words I'M
such manner as 10 give 10 each It's approx
pirate meaning. Tlsey are not tauiolo-
Sous. But n we say that :" accessory"
means conrcnient, or nsefrt, or conducire 10,
ihen II might have been totally omitted,
because The word proper, would have con-
S,ey ed the whole meaning.
II rs argued, however, that il Congress
Is not allowed 10 exercise lis discrcliun ia
selecting such means {" as are appropri.
ate and conducive 10 The end" they can
no, beneficlaiiy execute the great and im-
portant powers expressly delegated 10
them. II is GlihcI!t 10 perceive how this
effect would follow, when they are al
lowed ali lie means necessary tor cxccu-
ting those powers; bu, If on The co.i-
irary, they are allowed 10 use any means.
howeverremoiely conducive 10 Tie execu-
ton of Hose powers, there is 10 iimi,a.
ion Whatever 10 Their authority. Thus.
power Is giyenio them 20 Iay and celsrct
taxes. They pass law to raise The sum
oil zen millions OF dollars by "a fax on
lantt HE necessary and proper means
Tor collecting this tax are easily and di-
-scily within their reach, and rDdispu,a-
bly, adequate TO execute The t,ur+r. buf
tins dues ioi satisfy. them. il would be
extremely coapt,nei.t an,, a,eiN onpyoor,cfe
measure, and very coadlcicc TO their pu,.-
pose OF collecting this lax speedily and
promptly, II The stale governments coults
De prohibited during the same year irons
laying and collecting land lax. We're
they 10 pass such a law, ami thereby oi-
| rcctly cDcroach OH on,. of the mos, u,,-
| doubted rights of the states, the prrsant
liberal and sweeping construction Of The
clause bythe supreme court would jus
iiiy The measure. L, may be said how
ever thai ihIs supposes an extreme case.
| ana That we ought not To argue from the
abuse oi power that we ought not
to admit that our own representatives
VIII so cgrcslously betray their solemn
trusts. 10 this remark would answer.
| thai a FAR conclusion drawn from your
premises onght not 10 be opposed by The
application OF I" tie magic ,ccrd confidence"
cannot exclusively rely on nay CONT
dehec IN our represcniaIives il tha; were
sufficient guarantee fOrtlie preservation
of our state rights, then there woaI.l be
no necessity for specific enumeration ef
granted powers.
1t IS commended by the supreme court,
that II The word aeceSsaty is restricted in
ITS s,gnification, 10 those means alone
without which the powers given would
be nuSatory, lis application iu any oftie
powers OF The government WILDE found SO
pcrDicious in IFS operation that we Shall
be compelled TO discard il. This asser-
ton Is supported by reference TO sunlry
examples. II is said that (" the whole
penal code oft United States rests on
implication; that The power Of Furnishing
offences Is not 10 be found among the
enumerated powers of government, ex-
m q al,
raj powers of government might exist,
Hliho' IN very imperfect state, aud be
carried into execution, although no pun
lshineni should be inflicted in eases when
The right punish Is moi expressly given"
lie ready answer to these positions is
That the power of punishment is a nat
ufal aud necessary incident TO the power
OF making laws: il The power 10 make the
rule be gwen, the power of enforcing its
observance Is accessory incident 10 flat
power. A law without lis appropriate
sanction is an absurdliy in terms: 1t is
no law, but Recommendation only. One
example referred 10 by the court is the
power 10 establish post Offices and post
roads" il, is said that i.is power is exc
cuted by the single act ofmaking The es-
tabilshineni that the right 10 carry Ike
mail, ana to punish the mail robber, have
been inferred from il, and that those
rights are not lndIspensably necessary 10
HE establishment ct post ctfice and
post road. In this conclusion certainly
do not concur. Wiihou, The riphf TO car
~ the mail, the post oflice, and pos; reads
would not be established. The risI,i 10
carry the mail is ret an implied power.
but one which is involved in the very
power 10 establish tie office TO schich the
mali rs TO be carried, and the roads, oloMe
Which il is 10 travel. The right to punish
the mail robber is Incidental, and is i'm
pied necessarily from The power 10 carry
The mail.-So, too, the power Of punish
ing the crimes OF classifying records, &c.
and OF peuurles, is accessory pow er TO The
administration C: Justice by The courts Of
tue U. States; because the admiuisiiri-
ton oil justice c0slid not be carried ON, if
these crimes could be perpeiraied with
impunity. With respect 10 the other ex-
ample quoted by the chief Justice, there is
al tie first view some difficulty, but when
We examine ii more critically the Difficult
~ vanisIies. He says that there is only
| one oath prescribed by The constitution.
namely, the oath to support il that The
powers vested IN congress can ali be exc
culed without requiring any other cath
| but that congress have imposed the oa,llof
office, and that no one has yet doubted
their power TO require such oath, or any
| other that their wisdom might suggest.
| ln reply 10 this remarlsi would ask, Why
congress or any other legislative body
have been III HE I,abi, Of passing laws re-
| curing this sanction. Because The iHfiriE-
| i,y Of human nature has been supposed
! TO require II, or in other words 10 render
| il necessary because il has been believed
| that will, respect TO mankind in general,
| il is deemed Indispensable that The ex-
isience OF God, tie dispenser of rewards
and punisliments in u future life, should