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

az human prudence could ensure their
beneficial execution. This chuil not be
done by conilding the ,hnicr OF means 10
such narrow limits as not to leave il in
the poaer ofCongresS 10 adopt any which
might be appropriate, and Which were
conducive TO The end. This provision is
made IN constitution intended 10 en--
uure hr ages To come, and, conse Quent-
~, In be adapted 10 the various CRISES
oil human affairs. To have prescribed
The means by which government Should,
III all future time execute lis pow ers,
woHid hav been 10 change entirely, The
character OF the Instrument, and give il
the properties OF u legal code. II would
have been AN unwise attempt 10 provide,
by immutahe rules, for cxigeucies which.
II iorescen al all, must have been seen
dimiy, and which can be best uro-
,ided Tor IS they ocenr. To llaye deciay-
- Thai The best msars shall mol lie used,
but those alone without hicsi the power
given would be migratory, would have
been 10 deprive the legislature OF the
capacity 10 avail Itself OF experiences, 10
exercise Ills reason, and 10 accommodate
lis legislation 10 circumstances. IL we
apply Tins principle al construction 10
any oi the powers OF the government, we
shall find ii SO pernicious in It's opera
| ton that we shall be compelled TO dis
| card 1t. The powers vested IN Congress
| may certainly tie carried INTO execution,
without prescribing an oath OF Office.
she power 10 exact Tins security Tor The
faithful! performance of duty, is not Civ
en-, nor is il iudispensably necessary.
The different departments may be es-
idblIshed, taxes may be imposed and
collected, armies aud navies may lie
raised and maintained, aud upnney may
he borrowed, without requiring an oath
a mfr ,t.,i.t /. al
much plausbiiuy as other incidem-
tai powers have been assalled. that the
convention was not unminaiul oi this
subject. The oath which might be eX-
acied-that al sd, lily 10 ilie conSiiiu-
ton, Is prescribed, and no other can be
required. Vel, he would be charged with
insanity who should contend, that the
Legislature might not superadd, TO the
oath directed hy the constitution, such
other oath oil office as lis Wisdom might
suggest.
SO, with respect TO The whole penal
code oil the United States whence arises
the power 10 punish in cases not pre-
scrIbed by The constitution All admit,
that The government may, ie;5timaiey,
punish any violation OF lis laws: and
vel, lhls Is not among the enumerated
powers Of Congress. The rigll, to enforce =
Tie observance OF law, by punlsiing its
iniraclIou, might be denied with the more
| plausibiiity, because II Is expressly given
| IN some cases.
Congress is empowered, Ito provide
| for the punishment OF coupierieiiing the
| securities and current com oi the tnued
States, and "to define and punish pi-
racies and ieloDies committed on tie
l'high seas, aud offences against the laws
| OF nations" The several powers of
| Congress may exist in very imperfect
! state TO be sure, but they may e>isi, and
| be carried into executions, although no
| punishment should be inflicted in cases
where Tie right e. punish Is not expressly
gwen. Take, for example, the power
ITO establish posi- Offices and posi- roads"
THIS power Is executed by The single act
OF making the establishments. Bat,
| from this has been inferred Tie power ana
duty OF carrying Inc mail along the post
road, from one post oihc4 10 auother.--
| And, from this Implied power, has again
| been inferred The right 10 punish those
who steal letters from the post office, or
| rob the mail. Ii may be said, With some
| plauslbllty, that the right To carry Tie
mail, and 10 punish those who rob il, Is
not indispensably necessary 10 the es-
| tabllslmeHi OF post Office aud post
road. This right is indeed essential 30
| the bepehciai exercise Of the power, bot
| iOi necessary 10 IT'S CHS
tence. SO, III tie punishment OF Tie
crimes OF stealing or iaIsiiying record
or process of ii court of Tie United States,
| or of perjury IN such court. 10 punish
| these offences is certainly conducive 10
the due administration of Justice. Bur
| courts may exist, and may decide the
| causes brought before them, though SUCH
| crimes escape punishment.
The bancful influence OF This. narrow
construction on all the operations Of tie
government, and the absolute impractical
biIity OF maintaining II without rendering
he government incompetent 10 its great
objects, might be illustrated by nnGie-
| rous examples drawn from ihe coGst.tu-
ton and from our laws. Ehe good sense
OF the public has prom OuUced, without
| hesitation, that the power of punishment
dpperidins To sOyeTereIgulY, and may he
| exercised whenever The sovereign las a
| right 10 act, as incidental Ia his cons,lin-
tic0al powers. u IS a ptaus Tor carrying
into execution all sovereign powers, aud
may be used, although not Independently
necessary. II is right incidental 10 t1e
power, and conducive 10 lis beneficial
exercise.
lfihis limited construction offhe word
necessary" must be abandoned iu ogder
TO punish, wlcuce il derived tie rule
which would reinsIaie il, when The gov
| eminent would carry It's powers inie cA,..
cuiiOn by medas not yindiciiVe in taeif
nature the word necessary" nrans
neediul," requisite" " essential
Conducive to-" ~ order 10 lei IN The
power OF punishment Tor the iDFracti6n al