Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-11-16

and earnest discussion, continued for Several avs,
u obtained the upprobation of late Judge, distiu-
by his Jealous opposition the doctrine Of
the >. c. as well as by his talents.
The construction here alluded to is this: that in
ADDITION TO the specified powers Congress may ex-
ercise all the powers, which are of an sreide7stoi
cdTdcfer and select their discretion from all of
inns description, that which they may deem most
ehgibe In this part of the subject, il is apparent
that the question concerning the meaning of the
word necessary, cannot arise. In considering HE
report II seems difficult avoid it, and accordiugly
IT has not been avoided.
incidental powers are supposed in this theory, to
oe essentially different from original substantive,
independent powers; but to spring from them, and
70 expire or become dead letter, as soon as the
principal power, from which they sprung is at an
END. Thus the power to punish the robbers Of the
aii IS AN Incidental power: Incidental to the power
oil establishing the post Office system: completely
Incidental that if the post Office establishment were
abolished, the law in question would fall with it: Of
necessity, cease to operate.
Although this construction, even If it stopped at
TINS point goes farther than that frequently repeated
ana indicated as the construction of the report,
yet II must be carried farther SO as to embrace all
the powers which Congress, it seems to me- NAV le-
ultimately exercise.
I The Constitution expressly authorizes Congress
10 pass all laws which may be necessary and proper,
TO carry the enumerated or expressly granted pow
ers into effect. According to the theory of the s.
y. and that of the report, this clause has no opera
ton. The S. c. do want it; and the report will
not have 1t. The construction for which contend
not only does not allow that this clause is n dead
letter., thing certainly TO be avoided but calls il
INTO action and effect, precisely at the time when
Its aid is most required.
For example: If i'm consequence of the necu,;,r
state of things in the u. S. resulting from war ar
any other extraordinary and uncomfortable move
ment Ill human affairs, II power expressly granted
10 Congress cannot be carried ,,,.o,,.
the exercise of an original and substantive power:
or IL the performance of n duty unequivocay inn
posed by the Constitution on Congress, should be
rendered impossible, in the ordinary way, or by the
cxertion of incidental powers: then the CONGRESS,
IN order to carry power expressly granted into eff
fect, or to perform duty prescribed by the Const-
tuition, might exercise any power. Although prin-
cpal and independent in its character if il should
DE shewn to be necessary and proper for the accom-
pshlnent of either of these purposes In this view
of the subject tho word necessary is allowed all ,s
force and energy of mea ming: Indicate thar ,rih
out 'ohich, the thing required to be done, could not
be done. The word proper too, is not without lis
sphere of action. 7. indicates that which is not
only not forbidden by the C6st,:.ion but consist
ent with its character and spirit-The FACT. which
must have been foreseen, and which was foreseen.
that IN cases of great exgeucy the safety of the ma
ton would be the supreme law, supreme over the
Constitution itself, doubt induced the trainers of
the Constituton,to make this subsidiary provisions
cessity. -3
These are, believe, all the rules of constitutional
construction that have beenprssented to the public
and they are now exhibited together in order that
every man, after having ascertained distinctly for
himself what republica nis,n is NAV examine tbese
rules, and see whether there be of them, or any
part OF one of them, which the most Jealous renub-
acdn may not entirely approve. The question is
not whether any OF these rules of construction be
correct; whether any of them be such as ,cise
man will approve: but whether any one of them he
such as a republican must condemn
Unless we discard constitutional construction as
furnishing the Standard of Orthodoxy, the difficulties
as before intimafed, will be insurmountable Its
true, mat during the ascendancy of federalism of
the constructions of the Constitution here noticed
Inc hrst was IN the fervor of controversy, fagrante
bello, deemed apfi-repu5licau: republicans
Thought me federaiiss were arStocratic, anti-re-
publican. nprinc.ple- many were and they con-
as antt-repu5licai, not only their construc-
ton OF the Constitution, but their measures undof
IT. Foreign intercourse, the funding system, the
navy establishment, well as the alien and sedition
laws essentially wrongs if they had been wha
they were not consistent with the Censtituton) ev
cry thing was condemned santi-republican. The
general character of the party, and the character
of some of its measures, gave the character and
stamp OF anti-republicanism, TO every thing con-
nected with them,,or proceeding from them.
but IN the lapse of four and twenty years, a
change has been wrought by the gradual working of
S'ShtS, anu iitt ny tue power mDuenCc OF midi
viduais and the two parties in the United States
have both receded from the ground which they re- !
'pectivey occupied, and have approached SO nearly
together that they may be considered as almost |
The change on the part ofthe fede- |
asts is this: they have ceased TO regard the peo-
Die as their own worst enemies. They saw from |
1901 that republicans mild in their admins |
ration of public affairs. and during the late war
hat they had patriotism spirit, and energy enough
severn and defend the country. There cannot be a
iotbt that portion of the'federalsts have adopted |
The principles of repubCanism, explained above,
and are, according to any rational definition of the
term, genuine republicans as their opponents.
The republicans on the other hand, retaining |
heir J1,.f have adopted not only the policy of
the federalists, but their rule Of constituting the Con-
'titution. The most eloquent and enlightened OF
their party do not hesitate advocate measures,
which federalism in the penitude of its power never
dared to mention, and which only be Jus tilted
by rule of construction, broad as the federal
sts Judicially legislativey, estab lished.
Measures which twenty-five years ago would have !
excited universal alarm among the whsle body |
of republicans. are calmly aud resoluteIy adj |
vorated by republican members of Congress, with |
out fear that their republicansm will be called in |
question. A case precisely similar happened 1900 |
years ago. Ii is thus rather nearly thus des- !
crbed by the historian s'But as soon as the he at
IF the controversy had subsidized and the progress
the federdltst longer object of terror, to
the republican States Of The Union the tide of po-
liticat opinion, began to flow with gentle but
steady motion, towards the contrary extreme: and
the most orthodox republicans allowed themselves /
the use of the terms and definitions which had
been censured in the mouths of the ftderalists."
1t is not necessary, perhaps would il be quite
delicate to single out individuals who unques-
tionaby republicans, in the purest and strongest