Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-06-15

=. am 10 snew IN the second place
thai by the provisions Of the constitution
taken in exclusion OF the words " neces-
sary and proper" i'm the 9Th s of the Is,
article) such powers were only conveyed,
TO the general government, as we're ex-
pressly granted, or were, TO USE the Ian
guage oil the rcpori.) FAIRLY INCIDENT
TO them. shall afterwards Siiew, that the
in sertiop oi those words, in that article,
made no difference whatever, and created
no extension OF the powers previously
granted.
/, take i, TO he clear principle of uni
verssl iaw-of lie law of nature, of ma
tions, of war, oi reason, and OF the GEM
mon law-ihat the general grant oi thing
,,or power, carries with il all those meass,
'(and those on.y,) which are necessary to
the perfection OF the grant, or the eXecu-
ton of the power. All those codes en-
iireiy comc.r IN Tins respect, and are bot
toned upon clear principle. That prin-
e pie * one, which, While II completely
eifecs The object of the gianf or power,
Is safe, one, as n relates To The reserved
rights al The other party. This is The
true principie, and II Is an universal one
apply ing TO all pacts and conventions,
nigh or low, or OF what nature or kind
soever. IL cannot be stretched or extend
ed, even IN relation 10 the American 20
W rnmeni although, Tor purposes which
can easily be conjectured, the supreme
court has used high sounding words AS
TO it. They have stated IL 10 be govern
ment extending from ST. Croix 10 the
Cult of Mexico, and from the Atlantic to
til Pacific DC an. This principle de-
penis on basis which applies to all cases
wha so Yer, AMI * infiexibie and nm. ersal
Ii, In relation To the powers ofthe yen
eral government, ,heexpress grant, AID
ed by tins principle undtr its true limi,a-
ton, do mol confer on that government
powers sufficiently ample, let those pow
ers be extended by AN amen meni 10 the
constitution. Let us now do what our
convention did in 1887, in relation to The
articles of confederation. Let us extend
Their powers, hui lie, tins he the act OF The
peopte, and mel that of their subordinate
agents. But let US see how tar Tie amend.
meats are to extend, and not, by opening
wIde the door of Implied or obstructive
powers, grant we knew not how much,
nor eni' r inio field of intermuabir lin
its. Lei us, in the language of The veue-
rablc Ctint0n(,p) extend the powers of the
general government, If II be necessary !;
but uniil they are extended, h., us only
exercise sucu powers as are clear and un-
doubted.
In making some quotations from the
laws oi nature, OF nations, of war, of rea
son, and The common law, II will be seen
that these esta bilsh not only the principle
| contend for, but The Rnits under which
ne incidental powers are To- be exercised
Ii Is IN this last relation that | ask the
principal attention of the reader. While
these limiis must always, i'll degree, de-
pend upon HE circumstances of every
particular case, the cases | shall quote
give the general character OF the power.
II VIII be seen that that power is ALWAYS
limited by necessity: which, although If
may not be, in all cases, sheer necessity
falls far short of the extensive range
claimed, in this instance, by the supreme
court. | Ueed not saw 10 he legal part
OF our citizens, that the exceptions proves
the rule: nor Thar the allowance of a pow.
er op to given limit, is denial of il be-
youd II.
We are told by Vaiiel that since a
nation Is Obliged to pres rye itself il
has right 10 every thing accessory for
rs pr .erva'ipD, for that the ia,o of ma
fi'rr gives us a right TO every ,bIns
WITHOUT WHICH we could moi fulfil
an obliga' ~: othcr" ise il would 0bIige
US 10 ITO tnpossi6ititieS. or rather contra
Hicf iiseii, IN prescribing duty and
prohibiting, al the same time, the 0niy
means Of fulfillingIt"(r) Again he tells
us, 'hAf na'scn has right 10 every
ting Withom Which il camel obtain The
pTciec1i II oi the memb RS, aud The
siaieiy). Again we are Toll, by him. thai
'acil id.Ii' may be give bN prince, &c.
and that every thing ,Oith0uf ,Oiich what
~ agreed upon, cannot take place" is
tacl'N eiaDtd--a~, Vt d promise is made
Ia an army of t'.r enemy, which has adj
vanced far INTO the country "ihat IL shall
reiurn home IN safety" provisions arc
also granted, for they cannot return DitA-
on them. We are further told thai i'm
granting or accepting an interview FIJI
Sec"tfy Is also la lily grantrd(x). The
p'O''S'o"s and The security are each of them
Il Sate Th0 nan az HE lulil nlenf of the grant
or promise: fheya beth in1iSpenSabIe -
90 Tie Tells us, that II ID man grants TO one
hlS mousse, dnd iO another hIs garden the
0"fy trance INTO winch is through The
house, The right of going through the
mouse passes as an incident, for thai II Is
absurd 10 give garden To a man. inio
whic!i he could moi etF,{aa) We are
inrtier told by this writer, that the grant
oi passage for troops includes every
tang connected with The passage. and
's'thom Dhich il would not be practicable.
as exercising military discipline, buying
provisions, &c (lJ): tia, he who promises
security TO another by safe conduct. is
no' only 10 iorbear violating il himself.
out also 10 punish those who do and com
p'I them 10 make reparation(ec): thai a
safe conduct naturally includes The bag.
gage OF The party, and every thing necessG.
fy Tor Tie Journey, but thai the sGfest and
modern "ay Is, 10 paIticuLarize even The
baggdgeld): and that permission to
scfiie any where, includes the wife and