Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-04-20

iDettv NJ All IN the chOice oil cxpccient>---it IL
isto heneft from the lighis OF experiences. ana
IN apply It's foresight and ,iscreiinn-i,.can
have its path marked ont aud prescribed in
any written constitution whatever. Could
the trainers of that instrument which Is Qua
pride and boast have ireants0 10 cigcumsc CT i,e
aud tramn;el the government intiusted with
tnll and comprehensive rOwegSi Was IL in.
tended TO give the comnisfslt OF the purse and
sword OF the country INFO I'll hands of the
representatives. under no other check or CON
tro! hut pubic opinion, aud rcS;rnn them in
such an exercise oflegislaiicn rs unly he ncces-
sary 10 use or apply these with proper eject !.
IL Is in the nature of power 10 admit Of
much variety in the mode ut its fXerciSe and
application. There Will exist a vide latitude
IN The choice of means for ANY proposed cni
Human reason is too weak 10 anticipate so as
To provide for the various occasions and elner
gencies IN affairs and the attempt iomaik
ont and define the limits of power in eYrty
case. from the fear of rs running INTO OK cess.
would he vain and prepOSterous. A. IN the
administration of justice, the application of
punishmeuts must be left III times TO the DIS
cretion of Jhe Judge, so in government the
choice or selection oil means must remain with
the experience and discretion of those no are
made the depositaries Of power whilst The
security against its abuse must rest on the
same responsibility. which in free govern
ments, ordinarily accompanies its exercise.
To say that none brf the most direct and pal
pabIe means should he resOrtcd to for public
ends would be in effect, ii not 90 reduce
government TO an empty name and leave il
the mere shadow of authority, at least so TO
embarrass its operations that il would be Un
able to prOmnte The general interest and con
veuience. the leading purposes of its insiitu-
ton. The effect. in short. would be the same,
as II general OLA army was TO carry in his
pocket 10 the command, set of Instructions
from his supcfors as TO his movements, and
which Should attempt to embrace too all the
emergencies that rBight arise daring long
campaign. Therefore, the language Of The
Constitution, which, says = Congress shall have.
power 10 pass all laws Inch shall be necessary
* proper for CARRYING into execution the fore,
gcirg powers, lis the Language. OF reason aud
coDlmoa sense. None other could or 0ughi
to have been en lpt Ell CONSISTENTLY wen the
ends OF government. fair intei preiali0n OF
that instrument leaves with Congress choire
OF means, and we have Tie same safeguards
against an abuse Of t'iiS power, that we have
against the abuse OF the more fun an dan
gerous powers entrusted to the government of
the UuiOu.'
A Sew words only. by way Of anSwer--
LIST. The federal government, J. not 10
provide for The general inicresl-lt has
only certain specified powerS~allowed 70 il,
for the interest OF the whole. This posi-
ton is so clear, both from the very nature,
and from The 10th amendment OF the con-
siiiuiion, as 10 require no eluc idaiion.
Oh. Ii is not TO have AN unlimited
powers that are given; for the consiiiu-
lion expressly SAYS il shall have none ,.ul
what are "proper and neceSSaly'-Non,
il the strong word necessary, expresses
any means at all, which Congress is TO
choose, this constitution means day Ming
thevery frame ofiiis completely changed.
3. The constitution says proper and
necessary means that Is, means direct
and indispensable moi such as the Su
preme Court coniemplaies, when it says
condticire or Convenient 10 any end.
4. Government Is not by Our constrnc-
lion reduced 10 the ''ShGciow ot' duthoritg'
II the means be accessory Tor executing
given power, government possesses and
should adopt It'll is not then ia the
neamS HAT any want of authority isto be
found because all ihe necessary and
proper means are expressly gwen. This
"sliadow of authority" llIen, must be
found in The specified Powers which are
given being too 1SaIT0r. The Patriot
then had letter come out and say at
once, itai Congress do not think this
specification large enough for the general
1merett. and they have right 10 enlarge
it as they iblnk proper Because they
might argue with more force ihau the
Patriot does, that unless they have
certain power, (not specified the gene
raj government would be the mere Shad-
o,O Of authority Yet, who is there that
would not oppose AN nsurpaiIon pow
ers mot giyem attempted upon such pre-
texts2
little powers given be not Sufficient,
the constitution itself points out The re
inedy: Amend lie constitution enlarge
the pow ers.-Bui, beware of usuypation.
But il The general government by i'm
plicatlon exercise IN all ca es poUerS which
they may deem conducive 10 the gcs,eraf
welfare, and select any means they may
deem conducive TO the execution of iliese
powers (as the Patriot seems 10 conteud.)
then indeed we may bid adieu 10 state
rights then indeed we may apprehedd
that consolidation which sc so much
deprecaie.-W may truly apprehend
iI If the federal govGnment can
select any means they may deem con-
ueniem IN the exercise Of their power
But we forbear we appeal 10 Madisons
Report OF 1903 for the exposition of the
constitution, as well rs for The sound and
fundamental principles, of the Republican
party.
In advocating these ideas, we disclaim
any idea OF weakening the national aN
thoTity. Lei The powers which u legIl
ualeiy possesses be energelicaly exer-
cised. We repeat what We have often
heard, that the power over the militia is
not duly exeried (: that Congress are
much 10 blame in sleeping upon this snb-
Jet. They ought TO pass law making the
necessary arrangements for going directly
10 Tie miliiia-man, instead of tlllering
away their power by passing through
the hands Of state governors.
In fact, our doctrine on Ibis subject is
TO be found III the luminous and noble
speech Of the Iliuslrlous George Clinton
when he put lis veto upon the revival Of
the old l.. 5. Bank ~ 1911. The fol
lowing words Of his deserve TO be writ
ten in letters Of gold over tic door of