Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-07-05

L. oomments as was shown In tne hhsldh
-. Mentioned in the preceding number,
u.mnden saws, Is The court is pleased to
-.m,nd y, with the sans view" Chat is
9Th view to a construction that shall
s,,.nd the powers Of congress) :" that II IS
: constitution we are expounding."
He is so very reasonable as not to de-
nv thatit is a constitution. Consequent
" he does not, on this occasion, charge
the cour, with using an inaccurate s1'
preston. Its ofensiveness consists only
n the intention with which it is used
This criminal intention exists only in the
fertile imagination Of Hampton The
court makes no alIusion whatever to that
enlarged construction which he ascr'oes
to il.
In answer to the argument that the
clause under confederation so narrowed
the mower. of congress as to prohibit, the
massage of any law wiskost urhieh any gu
zen mower could be executed, the eourl.
amer showing that the word seesssory did
not always import the last degree Oh ne
,asss;,v or that sheer necessity" OF when
Hampdeu speaks. adds, in lis cons'roe'
lion. the subject, the context, The lo'en.
,;on Of the person using it. are all 10 oe
,.tsn into view" And Istop TO ask u
sny lair mind can reject this rule OF eA'
nn.;l;on ? This provision" continues
the court, :" is made in a constitution Il"
tended TO endure for ages to come-aiiu'
consequently, to be adapted to the va
r;,,,s crisis Of human affairs. To have
prescribed the means by which govern
p,eot should, in all future time. execute
lis powers, would have been to change
eo,;rsly the character Of the instrument,
and to give it the properties OF . Legal
code"
The passage is too long to be quoted en-
tire hut | say with confidence that it does
not contain the most distant aiiuslon 10 "a
NJ extension, by construction ot the pow
ers of congress. Its sole, object IS TO re-
n,indus thai constitution canao. possibly
enumerate the means by which the pow
ers Of government are to be easrteo 'n'o
execution.
The correctness ofthis position, Hamp-
den does not venture to deny. lie as
tincily adults il bot thinks il necessary
10 add, Gas ii ,hr contrary bad been ins''
nuated by the supreme court) : tna' 'Ae
constitution establishes criterion IN re-
latiou TO item, and that criterion should be
the lauu to the several departments IN ma
kim; the selection.
The whole opinion OF the court pro-
ceeds upon this basis, as on asrneh mol 10
he controver,ed. Tie principle u laoors
10 establish is, not that congress may se'ect
means beyond the limits OF the eons'i'u'
ton. but means within those Limits
Tue grand objectios made to the ep''
mon so bitterly incalpated IS, tAat CON
s,rl,es the clause which has been so ire
ouepiy repeated, as an enhancement Oh
the enumerated powers OF congress, anu
contends, throughout, for an extension Oh
these powers Beyond the import OF The
words: To support this objection, various
passages are selected from it. have re-
viewed them all ; and have, ! think de-
moustrated that no one of them will bear
the cons truction for which Hampton con-
tends. l do not fear to be contraiicted by
any rational msn who will read the opinion
with a real desire to understand 1t, VIXEN
/ say that it sontains not single. sentence
in support Of these doctrines. IN form and
in substance, il isa refutation of the argu-
nepi that this clause narrews the right OF
congress to execute its powers; and II
claims only that, in ascertaining the aoe
sxtent of those powers, the constitution
should be fairly construed.
) WHY has Hampden attempted mus
MAINLY to pervert this opinion, and to as
cribe to il dectrines which it clearly re-
iects he knows we'll that preJud'ees
once impressed ON the public MIND are
not easily removed sand thai the progress
Of truth and reason is slow.
I should perhaps trespass too nscn on
y ~. r.nk