Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-02-13


ton. They show what is nscessa,y is only
granted. They exclude the things that are on
ly remotely necessary, or which may tend to the
fulGlment of the grant. The rules and doctrines
of the common law, Mr.. S. said, ought to go
vern, in expounding the Constitution of the
United States. We must, necessarily. resort
| to the common law, in expounding the Consti-
tuition. Many of Its powers were given in terms
only known to the common law, and its autho-
rity has been universally admitted, to certain
extent, IN expounding and constituting the Con-
stituton. Here, Mr.. S. referred to the Re-
port and Resolutions of Virginia, in 1873 and 800.
and the essays by Hampdcn.) The Federal.
ist, too I'm page 266 of LIST vo.) says, that all
powers ndaspensa6ty Necessary are given by the
Constitution, though they be not expressly
granted"
"Incidental powers are defined to be Epowers
dppertaining to, or toiIo,oiny others as more
worthy or principal"-Cokc, Lit. 15I-Means
falling in along the nsaiu design.
| Can this government, thtu, said MIR. S. claim,
| as &c iRctdental,o means which are of an tnIpf-
mite or paramount character. Can the govern
ment convert and change terms us it pleases, and
under the cloak Of incidental po,cers, make the
Constitution a nose ofwaX, and compress or en-
large 1T as occasion or necessity may :cGm to re-
quirc. MIR. s. said. &c hoped not. 1t had been
| said that men govern the world, and money,
| men. Give any government the sword and
the purse, and they want nothing else. Give
to this government the power 10 ABORT and exc
| cIte 4 great national scheme OF internal :;-
proveinent, and the unlimited right to appropri-
ate money, and it would be worse than folly TO
suppose that any limit can be imposed on it but
Legislative discretion and pleasure. In every
point of view in which he had been able to con-
slider the subject, MIR. S. said, his mind had
| brought him to the conclusion that Congress
had no power to pass this bill, and that it ought
| to be rejected.
One word more, Mr.. s. said, before he sat
down. The friends of this bill were right in
saying that twas an important measure. The
precedent now to be set would hereafter be re-
lied Oh by those who shall come after u.s. Those
who succeed us will venture a little farther
One step will strengthen another. That which
IS now supported by example, growing old will
become an example itself. Heretofore, the
warfare on the part of the national legislature,
against the rights Of the states and people, had
been carried on, Mr.. S. said, by detachment;
but now that policy was thought to work too
slowly, and was, therefore, to be Abandoned
We are now called on to lend our high sanction
to latitude in expounding the Constitution,
which is calculated to break down all the land.
marks intended by Limitation of its powers,
and to substitute for a definite connexion be-
|
to which no practicable limit could be assigned.
We are now to sweep down, at one blow, the
independence and power of the state govern
ments, In order to make this great and splen-
did government.
Sir, said MIR. s. these must be the consequent
ces to which the doctrines of this day lead
The genius and eloquence of nv friend from
Delaware, and the Hon. Speaker, may shed
lustre over this subject; but strip it, and all will
be found TO be gloomy and hopeless mischief.
call upon the committee to pause, before they
sanction this bill, and to weigh well its conse-
quences. do this in the name of our common
country. | do it in behalf of those State gov
ernments to which the people are SO much and
so deservedly attached, and which are the.
safeguards and ornaments o. our Constitution
Sir, they stand now upon a little spot, surround
ed by foundations; and, as the waters are ri
sing on every side, and undermining their foun-
dalton, let us realize the wise purposes for which
this Government was formed, and become the
dyke to fence out the flood.
We congratulate the people of the United
States on the different aspects presented by the
two statements above. While the Anti Caucus
manifesto is TO be received as pledge that the
rights of the people to elect thier own President
Will be sustained by nearly three o,ths of their
representatives in the Legislative branch of the
government; it exhibits in strong contrasts the
paucity of the faction which would practically
oppose that right, and render the wishes of the
people altogether imperative. This public act
OF the friends of Mr.. Crawford, calling caucus,
may be considered as the act which announces
| their secession from the ranks of the republican
party. 1t Is the act of minority, insignificant
both In number and talents, and has drawn tho
line which viii be immutable and eternal.-It
will be Observed that of the / nersoos who have
signed the call for caucus, t1co, viz. Mr.. Dick
erson ofNew Jersey, and J. B. Thomas of Hi
nois, are the only individuals of the respective
delegations from those states who are not strong
ly opposed both to the caucus and the canGidat
who IS proposed to be named by that caucus
also, that Mr.. Lloydo Maryland, anothersiene-
goes into caucus against the express recon-
mendation of the legislature of Maryland, b.
whom he was elected; and also that fourth
Mr.. Lowrie of Pennsylvania, is almost the ONLY
Individual in the representatives of that great
state, who is not nmcal both to Mr.. Crawford
and the caucus. 1t will be further Observed
that all the eleven signers of the call, and all
those who intend TO go into caucus, are the
known friends of Mr.. Crawford, and that their
object IN attending caucus is to make one last
desperate struggle, to recover him from that
hopeless condition into which he has fallen, and
to give him, by an appeal to the prcjudces of
the people, and by the influence ofthc machine
ry of intrigue and management, that chance of
success, which they could not hope TO gain
. from an appeal to the virtue or the understand
ing of the people.
Ed. WnShngto,, Republican.
SUPREME COURT.
MONDAY, Feb 9, 1924.
MIR WIp- cnnrI,,dad HE ar,r,,,nor+ g. 81, =,