Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-07-01

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AFKESD OF THE coNsrITuTios.-so' -.
7 gladly take leave of the bitter i"vec-
,;ves which compose the first number OF
u,,onden and proceed to less lrksome
,.sk the examination of bis argument.
These are introduced by laying down
,hsse nrpositions which he declares to
he ipcontrover.ible in themselves, and
which he seems to suppose, demonstrate
,bs errors of the opinion be censures.
do not hazard much when | say that
these propositions, if admitted to be true
50 far from demonstrating the error OF that
,r;n;on. do not even draw il into question.
They may be all true, and yet every prln'
c;ple laid down in the opinion be perfect
ly correct.
The first is that the constitution con-
veved o nly limited grant OF powers TO the
general government, and reserved the le
siduary powers to the government OF the
states aud to the people.
Instead of controverting this proposition
beg leave to add to the numerous ret
spectacle authorities quoted iby Hampton
in support of it, one other which, IN this
controversy at least, is entitled 10 some
consideration, because it is furnished oy
the opinion he condemns. The supreme
court say, The government loi the oni'ea
States) is acknowledged by all to be one
Of enumerated powers, The principle that
il can exercise only the powers granted 10
it, would seem too apparent to nave re-
ouir.d 10 be enforced by all those argu'
men,s which its enlightened friends, while
il was depending before the people, found
il necessary to urge. That principle is
now universally admitted. But the ques'
,iOn respecting the extent OF the powers
actually granted, is perpe!ually ar'sins'
and will probably continue TO arise, as
long as our system shall exist.
The supreme court then has affirmed
this proposition in terms as positive as
those used by Hampden. The Ju iges did
10, indeed iortify it by authority, nor was
the necessity of doing SO very apparent
a. matbematicians do not demonstrate
axioms, neither do judges or lawyers al
w,ys deem it necessary to prove PROPOSE.
t;ons. the truth of which is universally
admitted" =,
ed fhe second proposition is that the
iimite1 grant to congress OF certain emu
mersted powers. only carried with It such
additional powers as were furry incident
al 10 them or in other words, weren e.
cessary and proper tor their execution.
Iwillhere remark. merely for the sake
of perspicuity. that the second branch OF
,hi, proposition. which seems to be 'ntend-
ed as explanatory Of the first, introduces
/ think distinct idea. The power 10 90
thing, an4 the power to carry that thug
into execution. are hWnbly conceive, the
SANE power, and the one cannot be termeo
with propri-ty = additional or "inci"en-
tal'' to the other. Under the conteiera'
ton congress could do scarcely any thing
th,t oily couid only make requ's'tIons On
IN. states. The passage of resolution
recurring the states TO furnish certain sPe-
Cited sums of money, was not an addi'
tiopaI' or ''iEciden,al" power, but a mode
Of executing that which was granted. In
der tine constitution, the powers OF govern
ment are given in terms which authorize
and require congress to execute them
The execution is of the essence OF The pow
or. Thus congress can lay and collect
taxes. A law 10 lay and collect taxes, ana
making all the provisions to bring the mo-
new into the treasury, is not the exercise
Of an /" additional power" but the execu-
lion of one expressly granted. The laws
which punish those who resist the coiiec'
lion OF the revenue, or which subject The
estates Of collection IN the hrs. instance
10 the claim of the United States, OF winch
make other collateral provisions, may be
Traced 10 Incidental powers. Not to those
laws which simply execute the granted
power, They are part OF the original
grant.
The proposition itself, ! am perfectly
willing TO admit, aud should pass II over
ithout comment as one IN no degree eoh-
,rover;ing the principles contained IN the
,pinion of the supreme court, did mol sup
bose that some attention TO the 9uota'ioh
made by Hampden, might conduce 10
rore clear and distinct understanding oil