Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-07-27

HutO TIE DOW
"ers of the government" Ii there be
amy sentence IN this elaborate opinion,
| which was intended, distinctly to an-
nonnce the opinion OF the court, this
| Is Tie sentence which every reader ould
select.
Alter assembling 10 congress a discretion
IN selecting means, which will enable
them to perform their duties in the man.
ner most beneficial TO the people. the
court add, Let The end be legitimate, let
il be within the scope of the constitu
ton, aud all means which are appropri-
ate, which are plainly adapted 10 thai
end, which are not prohibited, but con-
slst with the letter and spirit of the
constitution, are constitutional" This
Is concedlnS more than ought TO be re-
quired.-ii is not asked that the means
used, shall he within the letter of the con
stiiuion. In the paragraph, immediately
preceding, the court, after The most careful
and attentive consideration, do not seem
disposed to cOnhne the judgment of con-
gress to the selection of means within Fl.
ther the letter or The spirit of the consti-
tuition.
4lst paragraph. ITO use one" (mean.
ing bank, but The question was not
about use, but creatiOn)" must be with
IN The discretion OF congress, If il be
an appropriate mode oi exercising. the
poDerS IF government. That it is a con.
venieni, useful, aud essential instru-
meht, III the prosecution of its fiscal
Operations, Is not now subject of eu-
"quIry." The word essential has been
before noticed.
Same paragraph. The court saw, "our
own legislation aitesis the universal
conviction of the utility of this measure.
lie time has passed away, when il can
be necessary, 10 enter into any discus
sion, III order 10 prove the importance
OF Tins instrument, as mean TO effect
tile legitimate objects OF the govern
"ment"
42nd paragraph. "But were It's neces-
sitN Chat Is apprehend lis u,ili,y-ils
importantly less apparent, none can de-
ny that 1t is an appropriate measure;
and II II Is ttlai Is, it IL be an approprl-
ate measure) " the degree OF its n,cessi-
'fy" Uthat Is, oiits utility-iis Importance
"a has been very justly observed, is TO
be discussed inanoiher place" Mean
ing congress, presume.)
IL we were 10 stop here, it would be
difficult TO ind spot, on which TO rest
the power OF the court 10 decide, that
any LaW Is unconstitutional. But we are
not TO stop here. The court proceed
Should congress IN the execution of its
powerS adopt measures which are pro
hibiled by The constitution, or should
congress under the pretext of executing
lis powers, pass laws for the ccomplisl-
ment OF objects, moi entrusted TO the
government, it would be the painful duty
OF ihis tribunal, should a case requiring
such decision, come before il, 10 say
that such an act was not the law of the
land. But where the law is not pro.
bibiied, and Is really calcula ed 10 effect
any OF lie objects, entrusted 10 the
government, 10 undertake here 10 ell
qulre, INTO the degree OF its necessity
T.. uiliilN-ippOrtance) would be 10
pass the line which circumscribcs the
judicial department, and to tread oil
Legislative ground. The court disclaim
all preicnsions t. such power"
From this understand, that the court
would not transcend the line, Is lich cir
cumscriEes The judicial department, in
prom, uncing an aci Of congress, usurping
aprohibile powcr,to be unconstitutional.
But thai they could go into any other sup
pOSeable case, Is moi TO he fairly Inferred
either from the residue of The passage. or
from any OF the extracts, 10 which the
attention OF the reader has been called.
Ihose who are OF opinion that The Judi
ciary have no right To declare "a law
unconstitutional, will see nothing in this
opinion to change theirs. Tie judicial
control, except as TO legislative acts
uSurping prohibited power, is a mere
shadow Where il is not a shadow. il is
not wanted. When power is nsurped.
the people will take The business, i'm their
own hands, as i'll the case of the seditios
law
Deeply impressed with conviction,
that the opinion OF tIIe supreme court.
does not furnish a standard, to which
p!aln people can resort, for Tie purpose
OF ascerlainnig the cousiiimiionality Of
law, shall attempt with more ditidence
than felt ~ years ago, 10 furnish that
standard.
This diffidence results, from the neces-
silly imposed on The, by my nSsi drlibe-
rate judgment. 10 differ, not only, from
the high authority, of the supreme court
of The United States, blu, even from some
of those by whom their opinions are op-
posed. Ii is my fortune 10 differ, from
Amphyction. | certainly agree with him
as 10 The meaning of the word "necessa-
ry," but lcannoi accede 10 lis application
OF n. lie CoAcelves that, no mean of eff
icCtImg a specific power, can be resoried
10, except that which is necessary 10 carry
il into effect. Does he mean TO saw
that congress, among the various plans,
for effeclng specific power, presented
10 their NIew cannot choose that amongst
them, which they think best ? If con
gross have ,hl, latitude of discretion. is II
noi manifest, that The question cannot
depend OF the meaning OF the word ne
seSsa,y, bnt on fair exposition of ihe
word mans, or Of that word, whatever il
may be-, wlich is selected 10 express,
What The supreme court Intend by the
word means?
An,plNcliSD himself cannot fail 10 be
a 4. L.