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

bend more than is clearly expressed, In
order ,oeive full effect to the manifest
intention of the parties. The same oeSer.
yatons apply to the case OF an interview
between enemies.
So. the cases put in the books OF the
commt n law, are, all of Them, cases OF
contract between individuals. Having OH
" single object to provide for, thu pro-
visions respecting that object might be ex-
plicit and full. 1t is not to he supposed
that any essentia tircumsta nee VIII be
omitted, which the parues intended to IN
clude in the grant, and there is c"nse-
quently the less propriety in implying such
Circumstance. They are all likewise cases
of property and the terms OF the grant
cannot be enlarged in favor OF one man,
without impairing the rights OF another
Yet, even in these cases, we have seen
that every thing necessary to give full Ell
feet to the grant. every thing essential 70
the perfect enjoyment of the thing granted,
passes by implication. Hampden himself
is compelled to admit it to be "a clear
principle of universal law"-"That the
general grant OF thing, orpower, carries
with il all those means (and those only
which are necessary to the perfection OF
the grant, or the execution of the power.
And he admits also, that by necessary
means, he does not intend Gin all cases,
sheer necessity; which ! understand to
be equivalent to ON absolute or indispensable
| necessity.
1t can scarcely be necessary to say, that
no one of the circumstances winch night
seem to justify rather strict construction
in the particular cases quoted by lamp
A! den, apply TO constitution. It's not
contract between enemies seeking each
others destruction, anu ANXIOUS 10 Insert
| every particular, lest watch;ut adversary
should take advantage OF the OMISSION
Nor is il case where implications in favor
! OF one man impair the vested rights OF
another. Nor is it contract Tor single
object, every thing relating to winch,
might be recolected and Inserted. II is
the act OF a people, creating a govern
ment, without which they cannot exist as
people. The powers OF this government
are conferred Tor their own benefit, are es-
s, initial to their own prosperity, anu are 10
be exercised for their good, by persons
chosen for that purpose by themselves.
The object Of the instrument IS not SIN
gle one which can tie minutely described,
with all ITS circumstances. The attempt
10 do So, would totally change Its nature,
and defeat It's purpose 1T is INTENDED To
be general system for all future times, 10
be adapted by those who ADMINISTERED, to
all future occasions that may come Witmn
its own view. From its nature, such an
instrument can describe only the great OBJ
iects it is intended to accomplish, and stale
in general terms, the specific powers which
are deemed necessary tor those Objects.
To direct the manner IN which these pow
ers are to he exercised, the means by
which the obj cts VI Id. government are to
be effected, Legislature Is granted. his
would be ,otally useless, if It's office and
duty were performed IN the constitution
/ mis- legislature is an emanaiIon from the
people themselves. Ii is part chosen TO
represent the whole, and to marx. accord
ins to The judgement OF the nation, ITS
course, within those great outlines which
art given in the constitution. Its impos-
sibIe to consirue such an instrument right
Nv. without adverting to its nature, and
mark ing the points OF difference which
distinguish il from ordinary contracts.
The case which comes nearest to it, Is
a treaty regulating the future intercourse
between two nations. II in such treaty
cit is impossible from the narrow limits OF
the human mind" to toresee all cases and
circumstances S, or include all consequences
OF what is appointed or promised, ii,
IRON the impossibility Of entering into
this immense detail" the terms OF treaty
must be general, and must be applied 10y
Interpretation to particular cases. SO as to
effect the intention of the parties; bow
much more impossible is it for constitu-
ton to enter into this immense detail, and
how much more necessary is il that its prin-
ciples be applied to particulars by the le-
gislature.