Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-02-06
RICHMOND, VIRGINIA., FRIDAY FEBRUARY g 1s24

It cannot be necessary to obtain the consent of
some to perform.
The gentleman from Virginia, IN speaking of
incidental powers had ssed q species of argu-
ment which he intreated him candidly to recon-
slider. He had said, that the chain of cause and
effect was without end; that if we argued from,
power expressly grantedto all others. which
might be convenient or necessary to its exer-
tom there were no bounds to the power of this
goetrnment; that, for example, under the pow
erA TO provide and mountain navy the right
might be assumed to the timber necessary to its
Fccnstrnction, and the soil on which it grew. The
gentleman might have added, the acorns from
| which itsprung. What, upon the gentleman's
own hypothesis, ought to have been his conclu-
| sion? That Congress possessed no power to
provide and maintain navy. Such a conclu-
sion " .uld have been quite as logical, as that
Congress has no power over internal improve
mcnts, from the possible lengths TO which this
power may be pushed. No one ever had, or
could, controvert the existence of incidental
powers. Wemay apply different rules for their
extraction, but all must concur in the necessity
OF their actual existence. They result from
the imperfections of our nature, and from the ut
ter impossibiity of foreseeing all the turns and
| viclsstutes in human affairs. They cannot be
defined. Much is attained when the power. the
end, IS specified and guarded. -Keeping that
constantly in view, the means necessary to its
attainment must be left to the sound and respon.
sibie discretion of the public functionary. In
trench him as you please, employ what language
you may, IN the constitutional instrument, cine
cessarv and proper" g indispensably neccssa-
ry," or any other, and the question is still left
| open does the proposed measure fall within the
scope OF the incidental power, circumscribed
las ut may be?-YOur safety against abuse must
in his interest, his integrity, his responsible
tyto the exercise of the elective franchise fral-
ly IN the ultimate right, when all other redress
fails, OF an appeal to the remedy, to beused only
in extreme cases, of forciblc resistance against
lntolerabie oppression.
Doubtless by an extrayagant and abusive en-
iaTgement of Incidental powers, the State po-
vernmcnts may be reduced within too narrow
limits. Take any power, however incontestiblv
granted to the general government, and emrIoy
that Kind OF process of reasoning in which the
gentleman from Virginia is so slSilful, by trac-
ing 1T to Its remotest effects, you may make it
absorb the powers of the state governments.
Pursue the opposite course take any incontes.
tlblc power belonging to the governments, and
follow 1T out into all its possible ramifcations.
aud you may make it thwart and defeat the
great operations Of the government ofthe whole.
This IS the consequence of our systems. Their
4
hberality, practical good sense, and mutual
concession. Bring these dispositions into the
administrations of our various institutions. and
all the dreaded conflicts of authorities will he
found to be perfectly imaginary.
| He said, that he discaimed, for himself sever.
! al sources to which others had assembled to ar
| rive at the power IN question. In making this
| disclaimer, he ment to cast no imputation on
them. He was glad to meet them by whatever
road they travelled, at the point of a ccnstitu-
tional conclusion. Nor did their positions wea-
ken hls on the contrary, if correctly taken.
and his, also, were justified by fair interpreta-
ton, they added strength to his. But he felt it
his duty, frankly and sincerely, to state his own
views OF the constitution. In coming to the
ground on which (said Mr.. C.) / make INV
stand TO maintain the power, and where / am
ready to meet its antagonists, / am happy, in the
outset, to state my hearty concurrence with the
gentleman from Virginia, in the old, 1903, re-
publican principles, (now become federal, ALSO
by which the constitution Is to be interpreted
| agree with hum, that this is a limited govern
ment; that it has no powers but the granted
powers and that the granted powers are those
which are expressly enumerated, or such as
beng implied are necessary and proper to eff
fectuate the enumerated powers. And, if do
not shew the power over federatiye, national !.
internal Improvements TO be fairly deducible, af
ter the strictest application of these principles
| enfreat the Committee unanimously to reject
the bill The gentleman from Virginia has
rightly anticipated that, in regard to roads. T
claim the power, under the grant, to establish
post Offices and post roads. The whole ones
ton, on this part of the subject, turns upon the
true meaning of this clause, and that again nm
ON the genuine Specification of the word g estab-
ish.n According to my understanding of If
the meaning oft is, to fix, to make firm. to
build. According to that of the gentleman
from Virginia, it is to designate, to adopt. era
! matcal criticism was, to me, always unpleasant.
and do not profess to be any proficient in it.
But viii confidently appeal, in support of any
definition, to any vocabulary whatever of res
pectable authority, and to the common use of
the word. That it could not mean ONLY adon-
ton was to me evident for adoption pre-sup-
poses establishment, which is precedent in its
very nature. That which does not exist, which
is not established, cannot be adopted. There
was, then, an essential difference between the
gentleman from Virginia and me. I consider
the power as original and creative he as deri-
yative, adaptive. But | viii shew. out of the
mouth of the President himself, who agrees with
| the gentleman from Virginia, as to the sense of
this word, that what contend for, is its genuine
meaning. The President, in almost the first
llnes Oh ms message to this House, of the 9TH of
May, 1922, returning the Cumberland bill with
his veto says, g power to establish turnpikes.
with gates and tolls, &c. implies power TO A.
dept and execute complete system of internal
improvement" What is the sense in which the
word " establish"is here used ? Is it not crea-
tives Did the President mean to adopt or desie-
nate some pre-existing turnpilkes with gates, &C.
or, for the first time, to set them up, under the
authority of Congress, Again, the President