Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-07-02

tia, subject, instead of employing those
Hampden chuses to prescribe, but which
belong to another, and a totally different
subject. All must admit that there are
means by which a Legislature may carry its
powers into execution; and Hampden is,
believe, the only nan in the Unite dStates
who will deny that the word means express
es that idea more accurately, and with
more precision, than the word incidents.
1t is certainly apiece of information
which must surprise if it does not instruct
us. that the word means has been " trump
ed up on this occasion" by the supreme
court, that it is = equally novel, underlined
anu general and that it is :" broad p
nough TO denoish the limits prescribed to
the general government"
These strange positions are not in them
selves more curious than the mabner in
which they are supported. We might
ressona bly, expect to find that this favor
tie term Z" Incidental" which must be
dragged into use, not only where it is APP
propriate, but where it is inappropriate al
so, was employed in the constitution. and
might thence derive some preteUsIOns to
this preference over every other word. II
is not how ever to re found in that in>tru-
ment-and one would therefore suppose,
might be- u,ed or rejected with impunity,
according 10 lis fitness to the -ub)ect dis
cus,ed.
But Hampden tells US that the terms
/" necessary" and = incidental" powers
"were those uniformly used al the outset
of the constitute, N; while the term means
is entirely OF modern origin In support
of this assertion he Immediately quotes a
passage from the Federalist, which con-
tains the word means, and does not cont IN
the word incidental a powell, says
the FereraIis' in the passage referred 20,
SIS nothing bat the ability or faculty OF do
ing a thing, and that ability includes the
means necessary Tor its execution"
If, instead of this general reference 10
the terms 5 uniformly used at the outset
of the constitution we g. 10 particulars,
we find the words incidental and menus.
employed equally, as ether IN the opinion
of the speaker or.w-ter was best adapted
to the occasion.
In the debates in The first congress on
the bank bill, We fnl the opponents OF
that measure continually using The word
nennS--and some gentlemen said The
true exposition of necessary mean To
produce given end, was tha mean with
Out which the end could not be produ-
ced."
The friends of the bill also employed
the same term. They maintained the
sound construction of the clause granting
10 congress the right " to make all laws
necessary and proper" for carring into
execution the powers vested in the govern
ment. to he a recognition of an authority
in the national legislature to employ all
the known usual means Tor executing those
powers. They farther contenoed that
hank was a known and usual instrument
by which several of them were exercised.
In the opinions afterwards gwen on this
subject by the cabinet ministers, as STA
tel ~ US in the lite of Washington. this
term is repeatedly used. The, secretary OF
state AMI the attorney general, observe IN
substance, that" the constitution allows
only the means which are necessary, not
those which are convenient. And, alter
stating the dangerous consequences OF
such latitudinous construction as they
suppose was contended for by the friends
of the bill, these gentlemen add therefore
il was that the constitution restrained them
to necessary mems, thai is to say, TO those
means without which the grant oil power
must be pugalory.
The secretary of the treasury com
mences his argument with the general pro-
position. g That every power vested IN
a government, is, in its nature. sovereign,
and includes. by force of the term right
to employ all the means requisite and fair-
Iy applicable to the attainment OF the ends
of such power.
1t would be tedious to cite fromsthis mas.
terly argument, every passage in which
we find this word means. 1t is used when
ever tbs occasion requires it. 1t is used
too in all the papers of the day which have
g H. ,,;,k:, my obseryafion How then