Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-03-26


over them, in certain cases. But then this is an
inferred power only, and gentlemen arc opposed
to all inferred power; and, MIR. G.. said. he was
equally opposed to it. The next clause in the
constitution which bore direct relation to the
clause already insisted on, is that which gives to
congress the power to make all laws necessary
and proper for carrying into execution the other
: powers, &c. This, if there could be a doubt as
to what it was intended Congress might do. must
eiiectually remove it. There is no loss tb,n threo
diaereot places IN the instrument where these
general powers to accomplish The objects of tho
government are expressly recognized and given.
htr ". SAID, both as to expression and intention.
ne Ieit iuiy authorized to assert the power con-
tempated IN the bill but, it is not from these re-
neral provisions alone, MIR. G. said that hedrc,v
the power to make roads and canals, but from
others less general. The words to establish,
post Offices and post roads,n and to regulate
commerce" Mr.. c.. said, were to his mind n
conclusive gift of the purposes of the bill and
on these clauses, gentlemen in the opposition had
/ lndulgcd III 4 verbal criticism, the extent OF
which he did not feel himself at liberty to follow.
1t was contended that &c establishn means to point
out and designate only and that regulate
commerce" implies foreign commerce only. or
| exterior commerce. The greatest difficulty, Mr..
u. said, into which gentlemen had fallen. was
that they appropriated meaning to the words
which was never before given to them; and he
was not sensible of any greater evil that could
befal the constitution than to subject it to the
rule reconstruction contcnded for One s-c,,-
uenan gives this meaning, and another that
meaning, to n word, each to suit his own views
TO be sure; but what becomes of the instrument !,
why, IT must remain without meaning. And
this evil will happen to almost every clause of If
tor every important word has several distinct
meanings Take that 70 establish > it has four
| meanings, one ofwhiCh is to build. Now which
| ~ it,t;
Who Is to decide this important desideratnrn,
winch, Mr. Z. said, he was quite sure the ma
kers never dreamed OFF Mr.. G.. said he SIM
posed that there was safe, plain rule, and that
was to give TO every word all its meanings which
would not do violence to the context of the in
strumcnt. He could sec no other rule; and.
With this rule, the Congress have the power al
ready contended for by the supporters of this BILL
But gentlemen, say, if the trainers of the consti
tuition intended that Congress should have the
power, they would have inserted the very word
g make )" and, not having done so, is evidence
that the power was not intended to be given.-
This, N1r. G.. said, was nothing more than a dis
pute about the choice of words.
But, if it were good objection to one clause
OF the instrument, it must be good against all
where the favoritc words are not used Let us
see how this will end, by citing a few passages ::
g Each house may determine the rules ofiss pro-
ceedmgs." This is very important power, and
the word determine, its strict sense contenI-
plates something III existence, on which to deter
mine. Yet no one doubts that it gives the power
to g make" although the word 6 mako is not
used. Again the clause to provide for the punis-
ment Of counterfeiting, sc. does not say 10 make
laws, or appropriate money, yet both arc con-
stantly done. To provide navy is not SAYING to
build or make navy. To provide for calling
! forth the MALTA does not say to make laws for
] calling them. The words to regulate commerce
or declare war, do not necessarily mean TO build
l light houses, purchase territory, grant pensions
appropriate millions to foreign embassies s. other
objects of the like, which no word in the consti-
| tuition was ever pretended to mean. And vet
these things are every day done, and most of
them very properly done. If the gentlemen
want strictness in the sense for which they con-
tend, let them in good earnest apply it to every
| part of the instrument; and this House must re-
peal more than one hafof the laws in our statute
book. All the post office laws all the pension laws
all the light house laws, andal appropriations for
post roads, and many others. The remainder
unrepcaled would be small, and Congress, in flu
ture, would not find any very serious difficulty
with the internal concerns of the Union they
would be left mostly to themselves. 1t would
be the sea, aid foreign matters principally, with
which they would be engaged little war oc-
casionally, and, when it came, we could neither
march or transport an army, or the munitions of
war, to given point, until the evil was corn.
mitted, and the danger past. This may be a
very strict construction but he believed it was
not such as would maintain either the interests
or safety Of the Union.
l Again, Mr.. G. aaid, gntlemen contend that
The enumeration OF particular powers, after gen
cral ones, operated as an exclusion of all gen
cral ones, and that, too, by the force Of such e.
Enumeration barely. Gentlemen. Mr.. G. said
would gain nothing for their argument, If this
proposition were admitted, for the same dicul.
ty would yet remain, namely, to fix the con.
struction ofthe different enumerations, of which
some are particular and general, and some gen
.. eral in themselves. But Mr.. c.. said, he de-
MED any such rule. The gentlemen say, that ar
enumeration of powers, by force of its particular
character, supersedes all foregoing general pow
ers which may include such particulars. Tn
rule which he undcrstoolto be the sensible one
was, that negative enumerations excluded or SIT
perscded general powers or rights, which wouI,
S have passed, were it not for such negatives BIZ
not by force barely of their particular enume-a
c tive character, but by that Of their negatiY
character. And, another rule is, that, wlci
l things to be excluded from general powers arC
[ expressly named as excluded, they operate a;
an admission of all others not so named by mega
Z tive words. Now, if the arguments of gentle
# men were true, all the negative words in TIN
: constitution are useless, and without meaning
It because, ifthe-bare enumeration of powers, no
general as other powers. BIZ force of their bare
IS enumeration, were TO exclude all such genera
e powers, the negative words can have no effect
IT or, If they have any effect then, inasniuch Al
II they are particular euuu1cratons, thew exclude
Y as we'll without the negative words as with them
# this be true at all it must be true in all cases
~ fhc n