Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-12-25

-ic lHilIeu by powers OF an inclUental
uidrr, TO render then the subject OF legi
innate exercise under the constitution
Let The words OF The constitution
answer Congress shall have power 10
pass all laws which shall beneccssary and
proper for The execution oil the powers
herein granted, aud all other powers vest
ed III the government of the II. States or
any department or officer thereof" Can
language more explici, he required 10
evince that rot all Incidental powers, but
such only as should be found 10 answer
10 the very peculiar description OF means
necessary aud proper Tor the execution
of The declared powers, were intended to
be conveyed? Inevitable as this conclu-
sion would appear 10 be, ii Is ncverihe-
less commended by the supreme court,
with freedom OF construction little con
sonant win received rules upon the sub
ject, with the peculiar character OF the
instrument 10 which il lis applied, or with
itself, that the clause in qNcsiion is 10 be
regarded as merely exrletive and superb
bundani, conveying no more than woul
have been Iupled in HE event of lis
omission, oT else as inserted out OF album
daht caution for ascer.alning Tie certainty
oil the grant OF all powers INK ldeutaI TO
the attainment; OF tie ends of the powers
expressed M the constitution. Oh these
very singular constructions, the first is To
be rejected, as being IN direct coniraven
ton nfthe most obvious, but established
and mos; universal OF ali rules OF inierpre
talon, whlch ioTbids the exclusion from
operation of any clause or word of an
instrument, uacss in cases in which the
admission lis operation would lead 10
consequences absolutely absurd, or in
consistent with the design gifts creation.
FIRM lad fnr 4 I'm
present instance, without the possibility
ofJnsllh alton from such a consequence,
would give not only 10 words oil very
peculiar and apparently selected signih
cation, but To whole clause of very
concise and most important instrument,
character of absolute superero9ation.-
Such construction, inatimissbie III re-
TALON 10 any InSiruIneai, Is p. cuiiarly so
III lis application 10 an instrument OF the
momenious character and circumSpeci
compilation of political constitution.
the alternative construction wtich has
been put upon The clause of the constltu
Ton under review, OF lis Insertion from
abundant caution, for the more certain
asceriaInment Of Tie grant Of all powers
incidental TO the discharge OF the declar
ed powers, will appear upon examination
TO he ~qually unieHable with that which
has been disposed Of The single purpose
OF all rules OF Interpretation al iusiru
menlS, Is The dSceridinmeui oftheir lnteu-
ton and as relates TO The federal consii
tutIou, 'heiher resort be had for collect
my lis intention, TO the Intrinsic evidence
furnished by lis character, or 10 the evil
dence supplied by The known state OF
mind OF the parties 10 il al the period OF
MS adoption, the construction commended
torWlIi III either mode be iUHud to be equal
~ excluded by that mieption |, has been
seen already that Tie character of the
constitution forDIdS The inference Of the
grant of an unlimited discretion la ihe
exercise of incidental powers, as aIteriy
IN onsIsieHi will, and subVeTsive of tie
specification of power, which the whol
aspect of IL dIscloseS tile most anXIous
labor so guarantee. The notorious sen
fiments OF the parties 10 this instruments
al the period of lis adoption, as cvIuced
by the difficulty eXperieng ed III obtaining
that adoption; by The cotemporaueous
discussions II underwent, and still more
slgnatly by the character OF the PROPOSE.
tI1nS cfered for lis amendment, concur
IN the same prohibition. II is indeed d
subject no less of asionislIment than
regret, that III the exposition OF an insiru-
ment proven equally by IFS structure anu
Dy The history OF lis original, 10 ha,
Jealous spirit OF concession, room would
be found by the tuncilouarIes dschargins
authority under il, Tor the application OF
a construction, which impuics 20 lis
composition The most careless laxIiy, in
provisions tor the transfer of power, Oh
the most anxious specification, i'll provi-
Sions Tor lis enlargement, nv the DANCE
rfnS ana IISidIouS mode of APPLICATION
mode OF construction So completely
and so obviously al war with The whole
tenor and design OfIhe instrument which
Is ihe subject OF lis application, can never
stand the test of an unbiased and can
hid examination.
From just exposition therefore ofthe
clause OF the federal constitution convey.
ing Tie grant OF tbe Incidental powers
which may be exercised under It, IN,
conclusion would seem To result, Ihaii!n.
clause does not import an absolute gran
OF all incidental powers, bat Of such only
as correspond 10 peculiar and qualified
descriptions
An argument is however derived by iho
supreme court against this conclusion
from the place IN which The clause IL
question Is 10 be found in HE consiiiu
uop, aud from tie terms and form OF il
which are saId TO be OF a character " in
porting an enlargement rather than
dlmlnutlcn OF the powers vested in ih,
government" To these objections lher,
Is satisfactory reply. As respects lh.
first of them, the obvious amt propei
design Of HE constitution being 10 CON.
prelcnd in one article the NhOle gran
which was intended of legislative powers
there was man ieslly no place CONSISTENT,
win neilIodlcaI definition or orderly az
rdngemeut, for The insertion Of the gran
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