Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-03-25


of power is no just criterion to determine whether
it should be left TO implication, made the sub
ject of an independent, substantive grant. The
power Of removal by the Executive i'm bad bands is
one OF The most important powers claimed under
the Consiitu;ion and this is left entirely to impi-
cation.
Ihe CONSTITUTION has proposed the ends 10 be at
,aneu ny the government, and left the means TO et
iect them to implication. This furnishes just rule
Tor determining whether any given power should
nave been expressed or implied, having no regard
To It's magnitude interpretations are not one of the
chus Tor which governments are instituted; they
are resortcd to one OF the means TO attain the
ends or purposes Oft community. Thus, the King
! OF England, wishing 10 subject the forests of Ame-
| RIGA to the control! of civilized man, ms the best
means Of efecling that object or end granted char.
ters to societies for colonization. The Legislature
| OF virginia Incorporated the city of Richmond, to
secure secure 10 me place well-rcgula,ed police. The
university oil Virginia was, i'm like manner ncorpo-
rated to subserve the general purposes of education
IN none OF these instances the acts of ncorpo-
ration granted merely for the purpose of having an
incorporation. An incorporation, from its very
lure, cannot he considered end of any govern
inent but as the means of effectng I'm end.
Here arisesthe vexcd questions What means have
we me right 10 use? hope gentlemen will pardon
| me II use the words necessary and proper" 1
| must excuse myself by the Constitution for the
words are found in That instrument; if necessary I
can resort 10 higher authority, the argument of 1899
Tor believe they are TO be found in that instrument
also. But pledge myself not to Use the obnoxious
words oitener than may be 'nccessary and proper"
TO give my Interpretation Of their meaning rs used
IN the Constitstion The 9Th section of The LIST ar
'cie OF the Constitution enumera,es a variety of
powers with which it invests Congress. and con
Guides the enumeration in these words and tn
r ai' Jaws winch shall he necessary and proper
ior carrying luto execution the foregoing powers
tthose entmefatcd,) and MI other powers vested by
this Constitution in the Government of the United
states, ca Ia any department or Office thereocn-
NJ cav tt.nrtt i,.,l.,
powers OF Congress to the passage of such laws
alone ms may he necessary and proper &c
Inns Interpretation is condemned by the position
winch 1t occupies ia the Constitution 1t is found
at 'e close OF long list of powers, consecutive as
TO their order in the Constitutions and is connected
with them by the conjunction sand" liza limitation
nau been intended, this arrangement would not have
been adopted, the section throughout being grants
o, power A limitation, no doubt, would not only
be placed ian different section of the Cons,;f,,;on
but expressed in different language; thus: in carry
inS Into execution the powers vested by this ConsI;
tutou III the government of the United States &c
Congress shall pass such laws alone as may be ne
cesshry and proper for the purpose
1t not necessary for my purpose to contend Tim,
TINS conveys substantive grant of power II is
sufficient for me, TINT it designed to present tbo,
precise error OF construction, which, with it, insists
mat no powers can he implied, and none exercised
but such as are expressed. 1t is at all events nm
express grant of implied powers
nut, the gentleman from WytIe goes n stem f;,r
ther, and, as think, interpoIaies The Consiir,,,ion
10y prehxing to the words necessary and proper"
the words absolutely" or Indispensable In
support OF this Interpretation, he read to us n mart of
paragraph from the advice of Mr. Jefferson IN Co
neral Washington in 17Q1, relating to the constitu
tionality OF the Bank, in these words: "The Con
situiion Restraints Congress TO the necessary means:
that is to say, 20 those means without which tho
grant OF the power would be nuga,ory"
might here content myself with a few intcrro
gatorIes What powers of the Constitution would
nave remained nugatory, if the embargo laws had
"ot passed or, The mixed population of Louisiana
nau hot Deen made citizens of the United STATES p
Shall reply, the common defence and general
welfare ?" o"''"'
But the Constitution itself shews that the words
necessary and proper, are not TO he understood as
meaning the highest degree of necessity. The 10Th
section of fde same article provides, that ..no Sufe
shall lay any imposts or duties on imports or ex
ports, except what may be absolutely necessary for
executing lsinspeclion laws" Here is the highest
degree OF necessity, in contradisnction 10 that or
binary necessity which is required in the clause he
tore read Ma Madison, who resisted the charter or
lI9l, aud who was the Hercules of that oppos;tiop
III his speech, at that tine delivered when com
Hrh''''s on me words necessary and proper, said,
"lhose words had been by some taken in a very H.
ned sense, and were thought only TO extend tn the
passing of such laws as were Indispensable necessa
ny TO the very existence of the government He
was disposed TO think that n more liberal coustruc
ton should be pct on them; indeed the conduct NJ
the Legislature had allowed them a fuller mennug
Tor very few acts of the Legislature could he prov
ed essentially necessary the absolute existence of
government He wished the words understood en-
as 10 permit Tie adoption of measures the best cal
cniaied to attain the ends of government, and pro-
duce TIE greatest qnantum of public utility"
10 show more conclusivcly the mgated degree
OF necessity which is intended by the constitution.
lei lis lake brief notice of some of the Legislative
acts of Congress, which have received aInos, mi
versal appreciation. BY the Sd clause of the 9Th
sec" Congress has power To- regulate commerce with
foreign nations, and amongst the several Sto,es
Under this power, Congress has established public
piers, break waters, buoys, beacons, light bouses
&C was 1t absolutely necessary for The ree,Iatiou
OF commerce, that these facilities should be giyen
vi would their omission have made the power nu-
gatory! by virtue of the same power md tho
power to levy and collect duties and in,pos,s Con.
gress has passed several laws against smuooling
such law is not absolutely necessary for tile exc
culion OF their powers, because revenue might Inc
collected and commerce regulated without IT, II is
true tile powers would be less useful and more diff
hcult to execute, yet not nugatory. The 9Th clause
oil the same section gives the power to punish for
accommodating the securities aud current coin of the
country" and Congress pass laws for utterng and
publishing such counterfeit coin.
"Congress shall have power to establish Post oC.
fees and post roads"-establsli the Offices and de-
sgnate the roads along which the mail shall be car
REQ, and The power is executed. The balance may
he lett to the States, is recommended lv oentlc
men ID relation to the collecting and disl,urspp of
the public revenue, by State Banks. But Congrcss
implies he right to carry the mails along the roads
to carry them IN coaches; to letters papers doom
mentS, &c TO pass laws to punish robberics ON t,e
mall and even 10 employ military force TO travel
Win aad guard 1t OH its passage. Here is iplplica
uon upon implication, enforced by vindctiye nenal-
L.