Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1838-05-04

lstrUCtlon upon which the gentleman relies
TO sustain his doctrDe? THE genius of
our Constitution he says. sis opposed to
the assumption Of power" Th. is I'm
doubt cdly trde: no one can deny it. But
he adds, "wha,ever power 1t gives, is ex
pressly granted"
Bur think, sir, this by no means follows
from the first proposition, and cannot be
ma lnained. II Is doubtless true that no
ptwcr is to BE- assumed; but then powers
may be inferred, or necessarily implied.
Il Is not question Of assumption OF far,
Just, and reasonable inference. TO hDld
hat 70 power IS grained and no means
authorized. but such as arc rran'eh or
ou'HorIz d by express words, would be to-
establish a doctrine that would put az
end to- the Cover ament. |, could not las,
through single session of Congress. If
such opinions had prevailed in the begin
ming, II never could have been put in mo.
ton. and would no, have drawn lis first
breath. My freud near me, from Dea-
ware, has gone 81 fully aud 50 ably INTO
tins part OF The subject, tina, it has become
quite unnecessary for me 10 pursue It.
Where the Constitution confars on Con-
grcss general power, or imposes gener
al duty, all other powers necessary for the
exercise of thai general power, and for
fluff hing that duty, are Implied, so far as
there is no prohibition. We act every
day upon This principle and could not carry
On he Government without is aid. Uoder
the power tn com money, we build eXpen
>ive mlnIs-fiil them with oliicers-punlsh
such officers for emb4 zzIcmeDt- buy bullion
and exercise various other acts Of power.
The Constitution says that the judicial
power Of the United States sh1 BE- vested
~ certain courts. Under this general
authority we not only establish such
courts, but protect their records by penal
! tles against forgery. and the purty OF
their administration By Furnishing pcrinrics.
p The Department Of the Post Office l.
anoher, and signal ms nnce, Of the extent
and necessity Of Implied powers. The
9 whole authority of Congress over this
- sub oct is expressed in very few words
. they are merely ito establish post Offices
d and pos, roads, Under this short ant
# general grant, laws of Congress have been
/ extended 20 grea, variety OF very lmpor'
e tant enac' mcnts, without the specific grant
;. of any power whalrver. aS any ono may
. see who VIII look over the post Office laws
= In these laws. among other prrpvi-ionS
h penalties are enacted against great mum
u DER "' "I'nc's: mus dednc'ng ne h'gh'-
Y exercise OF criminal iurlsd c'lon, by rra
ii sonnble and necessary inf'rencr. from th'
general auIhoriy. Bnt forhear from ira
:, vpralna field already 50 fatty explored.
d There are one or two her ;emarks, sir
= VI ~" ''' 4thii"t'hh spPec"' Wh'c" I"us
= hol eh''fcly "mi' to notice
: /" sp'aH'h| OF tue o"hthc'a' en- 'c's
v '"'7 III 'a|ufe' one u" says Won'd Ue' ma
. '"f "'l@"' Oh th' oAhRs W""Oh De 'aNr'
e ''o'h me Sloe "' IRE f'f consumers Nhef
= " "nS n''h' from 'he conm3Nceheht q
D. 'h' H"V'rnheh'' ana paced on me s'oe
"a ne "r P'yers' rus grea' olVlSlpn OF ~
10 community necessarily grows ont OF III
'f H'ca ac'''n OF ne G"v'fun'ht'
=, Nir, utterly deny 'ha' there y Inc lenS
rs 'onhha'ion' w 'Ac'. Tor 'G'' d'S''nc'on'
y Is an od'us distinction, ca'cnlated 10 lnspiI
IA envy ahdI he'feo; an" pelhg' as 'hinR
: "ho0y gf"uHdIrNS, us suggestion. ana IN
IN endeavor 10 MAINTAIN u, ought t" be res's
''d' ana ropelled. we are a.! lax payer
re- IN III" United STATES, VINO use articles
nd wh'ch 'mpos's are 'ald; ana VINO Is ther
IN mat IS excused from TINS tax, or does nc
's' pay MS rr'per part OF ", according TO II
VI consumption: Certainly no one.
Is. On The other mana, VINO are the tax
nj. consumers Clearly, the Army. the Nav
Ter he laborers on pnbllc works, and o'ht
eS' persons III G"vc1ement empIoym'nt' 81
"a, even these are moi IDLE consumers: the
ri are agents OF the Government ana OF IN
6. People. Pensioners may be considered Q
re. persons who ENJOY benefit from III" pnt
nc taxes ct The country, without rrnderin
us present service ID return: Dnt the LEG
IN PROVISION tor them stands on the ground :
~ previous merits, winch none deny II
No mad a vast national debl. the annual II