Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-02-14

'"A ""iI"ut "'n' nut then coniys the enuine-
raiion OF The cases to which lis powers shall
extend. You may apply the.maney To the
common dffence and general welfare. hut
u must be IN application tn some. particular
measure, pointed out and authorized by TIE
constitution. Sir, the question ought To be-
when money is about To he applird 10 any
specific measure, Is il in the enumerated
powers of the Constitution or is il fairly in
cioent To any OF those enumerated Ii so. il
Is right-lf not, it is wrong. Therefore, the
Constitution wispl, provides that no money
shall he drawn from he Treasury hut nv an.
preparations Of law. Il is imniateriaI. NIr. =
SAID, whether unlimited powers be- exercised
under the name of unlimited powers, or un der
'"a' oi unlimited means, In carrying limited
power INTO execution. A government may
De united IN It's sovereignty, with respect to
us means, as wei rs to its objects of power,
"uu 10 give an extent To means, is TO make it
unlimited And here, Mr.. $. said he would
take occasion, before he concluded To offer
one or two remarks upon the subject of" i'm
pied ar incidental powers" on which so much
had been said. He did not DEW. nor did MS
| rolfagur, Mr.. Barbour,) as SO. re- t.ontiemr,
had supposed, that this government did uos
srss san" powers Of this character Indeed
withnut them, he was willing 10 atl.pil The
government cG'id MT go along. But they
must be e" fairly incident In some .nur,era-
clear prircipr, Mr.. s. said, nluni, srsal law
otthe law of naIure-rItious---o the common
law-and oi reason, that the general grant oF
power carries with il the means " hch ARE no
ceSsary To the far execution of IRE pown.-
But 1t must be those means, and those oni,,
which art'nPcessarv.
Nh,iti says" Since nation is obliged tn
preserve Itself, ii has a right Ia cry tls1g ne
c"ssary for lis preservation for The Lw of
n rtub d, al.
which 'Se could not fulfil an ohliga,inn 9th
erwlse II would nhIige us 10 do Representatives,
or rather contradict itself in prescribing - tiu-
", and rr"hlDiiug, al she sam. time. the an
Iy means Of fulfilling it" So, too. he ten. rs
that " II man grant tn one his house. and
10 another his garden, the only entry INTO
Which Is through inr house, the right nf gn-
ing through the u"ns" passes as incident
'nr II would he absurd tn Civ, :; garden ia 3
man, lntn which he could not enter" Again.
VattfI says" The grant of passage for
troops includes every thing connected with
me passage, and. without which. il would not
ne practicable, as exercising military disci,
pnr. buying provisions, =" SC
There was, Mr.. :. said, in these example,
an entire coincidence with the principlrs oe
the common law. In all The incidental now
rr Is limited To what is necessary. and moi to
unlimited discretion and viii.
The Common law tell u. that. whom orc
grants thing, iir giants, asn, that, without
whlch the grant cannot have cCIr-(kui-
Nets ease, IN C"ke.) So, lacc"rding In Black
s'onrl Il rlgh' of way, arises on the game,
principle of Necessity, 10y force nf law as ir;,
man grants me a piece af land in The middle
ct ms field, he taciiy aud ir,rIfritly ri, 9. me
right In come at il. And Cnke s,ys that
when he law giveth any thing to any one, IL
implicitly g'r"th whatever is necessary for!
taking or enjoying HE sumo it giveuh wbae
~ necessary" IL MAS, also, q principle Of tie
common law, that HE incident il 10 be taken
according to Il reasonable and easy sense. -
and MOI strained 10 comprehend things remote.
" unlikely ar unusual"
Now, SAID MIR. s. contend that these i'm
stances are conclusive to show restricted
construction of the incidental powers O The
Constitution. Thry show what is pcceasary
i4 "o!y granted. They exclude Tia thrngs
That are only remotely necessary, or which,
may tend 10 III" ffi;neni of The grant. The
rules and doctrines of the common law AIR
>. SAID, ought 10 cavern. ia cxpuundipe The
Consutution ofthe United States. We nust
necessarily, resort la the common la,y, i'm *
pounding the Constitution. Many of It's pow
'rs were given in terms only known to Il.,
comnnn law, and its authority has been uni
versnily admitted, 10 a certain extent. in ev
pounding and constituting the Constitution.
Here, Mr. >. referred Ia the Report and Re.
solutions of Virginia, in '99 and 90, and th,
essays by Hamphrn) The Federalisi, too
TIA p"g" 266 OF ist volt says, that all now.
rrs Ind'sprnsAbly necessary are given by the
Constitution. though they he not expressly
granted."
s. Incidental powers are defined to he pow
rrs apperiainlng to, or following others IS
more "nrihy or prIncipal''-C Coke, Lin. 1871
Means falling in along the main design.
Gan tins government, then, said Ms 6
claim. as " incidrntal,n means which are Of am
indefinite or paramount character Can the
government convert and change terms as il
I''"as"s, and under the cloak nf Incidental
powers, make the Constitution Il nose of way
and compress ar enlarge il as occasion or ne.
ceSsiy may seem To require Mr.. s. said. h,
hoped not. II had brru said thar men goverf,
The world, and money, men. Give any go
V'rnmrni me sword and The purse, and they
want nothing else Glve go this governments
The power To adopt and exrrute = great
national scheme of utrrnal imnrnyrn,,nf
ana the unlimited right 10 appropliat
money, and 1t wO'd be- worse than C,ll,
I" suppose that any limit Gao be- imposed.
on II hut legislative discretion and pleasure. 49,
IN every point ct view in which be bad hc-r
able To consider the subject, Rir. s. said hlg
mind had brought him 10 tie cnnrlu4i,n thar
Congress had no power To- pass this bill. ana
that II ought 10 hr rpjectpd
One word more, Mr.. 8. said. before he s,r
down. The friends Of This bin were righ' II,
saying that IT was an Important nirasurr. Tie
precedent now ~ hc set would hereafter be
rrlird on by those " no shall come after us
Those who succeed ns will venture Il TITLE
farther. One step viii strengthen anofhrr---
That which Is NOW suDunrtpd hv av-rnrlo