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

4" ton to clog and embarrass Ills execution
"by withholding The most appropriate
f" means" Then speaking of The extent
of our territory, and the necessity OF con
veyiug money 10 aud from every quarter,
&c. The court proceeds" Is that con-
" siruction OF the constitution preferred,
81" which would render these operations
=" difficult, hazardous and expensive g
" Can we adopt that construction, unless
" tue words imperiOusly require 1t, which
would inIpuie To the trainers of that
" instrument, when granting these pow
" ers for the public good, the intention of
+" impeding their exercise by withholding
90 a choice al means? Ii such indeed be
e" the mandate of the constitution, we
Z" have only to obey but that instrument
" does not profess TO enumerate the means
=" by which the powers II cOnfers may be
Z" executed, nor does II prohibit the Gre
&c alton of "a corporation, il the existence
'' of such being be essential to tie bsne-
% fciai exercise of those powers"
In the Goth paragraph, The word essrn-
tial" again occurs, and there II Is mani
Sestly used, as SYNONYMOUS with necessary,
which it is aledged, may mean conve-
nieni" or " useful"
From this il would appear that any
means conveuien; or useful, 10 the bene-
be adopted by congress.
18th MISUNDERSTANDING OF the argu-
mentof co,osel, they say" Ii Is not dc.
- MED that the powers given To govern
80 ment imply the ordinary means of eXecu-
"tioD. BIT 10 is denied thai the govern
Z" ment has It's choice IF means, or that il
'' may employ the most concenient means,
&c il 10 employ them il be necessary to
90 erect corporation.
Goth paragraph" The government
90 which has IA right 10 do an act, and has
=" imposed on il the duty of performing
:" that act, must according TO the dictates
"of reasou, be allowed To select the
80 means ;tS those who contend that il may
-'uoi select any appropriate means: that one
"particular mode Of etscting the object is
50 excepted, take upon themselves the bur
'' then OF that exception.
22ud paragraph.-"Buit the constitution
" of the United States has not left the
Fright of Congress to employ the necesSs-
g ry means for The execution Of the powers
&c of the government TO general reason
sc ing. TO lis enumeration of powers, is
Sc added, that OF making all laws, which
g shall be necessary and proper for carry
'' ing into execution the foregoing pow
ers, &c"
The court then proceed TO state, that
ioprove, that this clause, although in
terms grant OF power, is not so IN effect,
but in reality restrictive of the general
wight, which might otherwise be implied,
of selecting means Tor executing The emu
meraied powers and that they, the coun-
sci, have found il necessary 10 contend
that This clause was inserted for the pur-
pose of comforting on congress the power
of making laws. The cour, repel this
latter idea, and say very justly, that All
express power 10 make laws, was not ne
cessary 10 enable the legislature 10 make
them. They then proceed TO state that
The Maryland counsel had urged that The
word necessary" controlled the whole
section, and without deciding whether il
does SO control il or not, they attack The
word Itself, and say, thai If rei"rcnce
6 be bad for its Use 10 til common al
&c fairs of The world, or to approved au-
80 thors, we shall find that il frequently
g imports no more, than that one ,hing is
" convenient or useful, or essential TO ano-
a iher."
will here remark first, that the true
question then before The court was, what
IS the meaning of that word i'll the clause
Oi the constitution under consideration,
followed as il is by The word proper; moi
whether III writing or in conversation. il
sometimes otherwise.
Dad. That even in the most careless
conversation, The ord necessary is gene.
rally, if uoi universally used. in the strict
est sense. No man, however ignorant,
would say that food was convenient, for
the support of human life necessary
would be Tie word. Nor would any man
say tina, Il broah cloth coat was Il neces-
sary Of life lie might call il comfortable,
agreeable, suitable, but never necessary.
Unfortunately there is hardly "a word i'll
HE English language, which we have such
frequent occasion 10 use and the meaning
of which is so often fell as well as under.
stood.
3. The word essential is here used in
sense, in which probably il VAS never
used before liis closely allied To neces-
Say. In well known biographical his
tory, casually opened. the words d" essen
tar and necessary" both orcur in the
same page(vol. 9th, page 263.) They are
both used Ill lie sense in which thew are
here eSplainedQ)
2Slh parsgraph.--The court after hav-
ing observed that the word is used in va
riOus senses, 10 be ascertained by the
context, say il must have been the in
tentlOn of those who gave these pow
ers, 10 ensure as far as human prudence
. could insure their beneficial execution.
This could not be done by combining
F" the choice of means TO such narrow
" limits, aS moi 10 leave il in The power oil
- congress, TO adopt any which might be-
appropriate and conducive 10 The end"
DC.
Surely il is much more obvious, that il
must have been their intention, 10y cx-
grossly naming the powers granted, to
cGntlnr the trustees or delegates To the