Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-03-23

W
possible effect of which is to qualify that
street anu rigorous meaning 10 present
To the mind the idea of some choice of
means, tor Legislation not Strengthened
and compressed within the narrow limits
for which gentlemen contend.
But the argument which most conclu-
sively demonstrates the error OF the con
siructinn con,endcd for by the counsel of
Mary!a'.d is founded on the intention
a! HE convention, as manifested IN Tie
whole clause. To waste time and argu-
ment IA proving that, without H. Con-
gress IN gh, cary ITS powers inio exc
culion, would he not much less idle than
To hold iighied taper 10 The sun. AS
little canh he required 10 prove that, in
the abSeHce OF this clause, Congress
wonld have some choice OF means. That
II might employ those which, in lis inGg-
meat would most advanlageously effect
the object 10 he accomplished That any
means adapted 10 the end any means
which tended directly 10 the execution
OF tise constitutional powers OF the gov
ernmenl Were in themselves consilru-
iionaI. iAis clause, as construed by tie
state OF Mary land, would abridge and
almost annihildte This nseiul aud neccs-
safy right ai The legislature 10 select rs
means. tua, this could not he intended
IS, we SHOULD ihiak. had il not been AREA
as coh'foverlgd, too apparent fnr con
troveFsy. We think so for The (ollowiuu
reasons
/. The clause is placed among fle pow
erS oi Congress, not among Tie lnita-
lions OF those powers.
2nd. rs terms purpori to enlarge. moi
10 uim!!iISh TIE powers vested in the go-
verifmeat, Ii purports 10 be an addition
al pO~er. not i restriction on those al
ready granted. No reason has been or
can be assigned for thus conceallnc AN
inieption 10 narrow The discretion of The
national legislature under words which
purpurf 10 enarge il. The trainers of the
constitution wished IFS adoption. and well
hnew tina 1t would he endangered by lis
Efrength, not By IFS weakness. Had they
been capable of using language which
would convey 10 the eye one idea. and
after deep reflection, impress on The mind
another, they would rather have diseuis-
ed The grant ofpower, than lis Limitation.
II then their intention had been, bv This
clause, 10 reslrain the free use Of means
which might otherwise have been impli-
ed, that intention would have been insert
Ell IN another place, and would have been
expressed IN terms resem bling these. In
carrying INTO execution The for going
powers and all Others" &c. nn laws
shall be passed bui such as are necessa-
'ry and proper" Had the intention been
To make this clause restrictive, it would
unguesilonably have been so in form as
VVl as IN effect
We r"snli ct the most careful and at
tfn'ive consideration bestowed upon this |
clause ~ that. iiif does not enlarge, il can
rot be construed 10 restrain the powers of
Congress, or to Impair the right ofthe H.. i
"A o q,
the selection OF measures to carry into |
execution Tie constitutional powers OF !
the government. II no other motive for
us insertion can be suggested. a sulfi- |
Gent one rs found IN the desire 10 remove !
an doubts respecting tie right TO egis- |
late on thal vast mass of incidental pow
er which must be involved in the coos,i- |
tuition, 81 that instrument be aot sp.u- |
did baubic.
We admit, Is all must admit. that the |
powers or the government are limited
and that It's limits are nO1 10 be tranceud, /
ed. But we think the sound construction !
OF The constitutions must allow To the ma
ilonai legislature that discretion, with |
respect to tie means by which the DOW |
ers 1t confers are TO be carried into execu.
ton, wi,lemabe that body tonorCorn
the high duties assigned 10 t,in the manner
most beneficial to the people Let The /
end be legitimate, let il be within fine /
scope oil the constitution, and all means |
"hIch are appropriate, which are plainlv |
adapted TO that end, which are not pro- |
hlbIted, bat consist with the letter and |
spirit of the constitution, are constit,,. |
iiOnal.
That a corporation must be considered |
as means not less usual, not OF higber |
dignity, not more requiring a particular
specialization than other means. has hee. |
sufficiently proved. five look 10 the orioin
OF corporations, TO the manner in which |
they nave been framed in thai government |
nom winch we have derived most of orr
legal principles and ideas, or to the uses
10 when they have BEEN applied we find |
no reason 10 suppose that a constitution. |
omltiing, and wisely emitting, to enume- |
rate all the means for carving info eye
cn,ion the great powers vested i'm ooyeru |
mehi, ought TO have specified this. Had
II been intended 10 grant this power as
one Which should be distinct and iudn.
pendent. TO be exercised in any case /
whatever, 1t would have found place /
among Tie enumerated powers of the !
government. But being considered mere |
~ as means, TO be employed only for the /
purpose OF carrying into execution the
given powers, there could be no motive /
Tor particularly mentioning il.
HE proprieiy Of this remark would |
seem TO be generally acknowledqed bv |
the universal acquiesccuce i'm The con |
siruciion which las been uniformlv uut |
on The Bird sec. Of the 4iIl article Of The !
constitution. The power 10 make all !
needlui rules and regulations respecting |
The territory 0r other property belong |
ing to The Uniied States" is not more
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