Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1839-12-14
VIRGINIA RESOLUTIONS
vlRGlNIA-HoUsr OF DrLrGArrs.
Session Of l799-lSl0.

hiRUl-NlA-ilOUSE on DEIEtAlEs.
Session Of l799-lSl0.
Report Of the Committee TO whom were referred
the communications of various States, relative
to the resolutions of the last General Assem-
biz Of this State, concerning the Alien and
Sedtoa Laws:
Concluded.
From the review thus taken Of the situation Of
he American colonies prior to their ndepen-
denco Of the effect Of this event on their stua.
ron Of the nature and import Of the Articles Of
Confederation Of the trac meaning OF the pas
sage, in the existing Constitution, from which 'he
common law has been deduced Of the Difficult
les and uncertainties incident TO the doctrine
and Of lls vast consequences in extending the
powers of the Federal Government, and IN SUI
preceding the aulhorltIos Of tue State Govern
neHts the Committee feel the utmost conf
sence in concluding that the common law never
vas, nor by any fair construction ever can be-
deemed law for the American People, az one
community and they indulge the strongest ex-
pecatiOu that the same conclusion Will finally be
drawn by all candid and accurate inquirers into
Me subject. It is indeed, distressing to reflect
p that il ever should have been made question
whether the Constitution, on the whole face Of
which is seen so much labour TO cnumerate and
define the several objects Of federal power,
could intend to introduce IN the lump, in an indi.
fcc, manner, and by a forced construction Of
few phrases, the vast and mulhlarious jurisdiction
Involved ia TIC common laws a law filling so ma.
ny ample volumes law oyerspleadlng the en-.
the field Of legislation; and law that would
SIP the foundation Of the constitution as A system
Of limited and specified powers. seyeret re-
proach could not in the opinion Of the Commit
tee, be thrown on the Constitution, on those who
framed, or on those who established it, than such
supposlll0n would throw on them.
The Argument then, drawn from the common
law on the ground of lis beng adopted or re-
cosnsodby the constitution, being iuappcabIe
10 The Sedltion Act, the committee will proceed
to examine the other arguments which have been
founded on the constitution.
They will waste but little time on the attempt to
cover The Act by the preamble to the constitution;
i beng contrary 10 every acknowledged rule OF
Construction to set up this part Of an instrument IN
opposition to tbs palR meaning expressed IN the
body Of the instrument. A preamble usually con-
ans the general motives or reasons for the particu-
aFregnatl0nS or measures which l0lcw it; and ls
8lNayS understood to be explained and limited by
Ufn. In the present instance, a contrary ntcrpre-
laton would have the lnadmssibe effect OF render
ing hugatory or improper every part Of the consI'-
luton which succeeds the preamble.
The paragraph in Article !, Sections, which com
ANS the power to lay and collect taxes, duties, m
posts and excuses, 10 pay the debts and provide for
me common defence and general welfare, having
eeeh aIteady examined, will also require no parucu-
aT attention in this place. 1t will have been seen
IA "a ne nt7I NJ
eharse the enumerated powers vested in Congress.
The part Of the constitution which seems most 10
o REQUIRED 70 in the defence Of the Sedltlon
ACT IS tie las. clause OF the above section, en-
powefng Congress "to make al laws which shah
oe necessary and proper for carrying into execution
me foregoing powers, and all other powers veSied
oE hS constitution IN the Government oil tie Chl-
yea States, or in any department or officer t'reo
The plain import Of this clause is, that Congress
s'll have all the incidental or instrumental powers
necessary and proper for carrying into execution all
me express powers; whether they be vested IN The
government of the United States, more collectively
IA The several departments or officers ihereoi' y
no, grant Of new powers to Congress, bul mere
declaration, for the removal OF all uncertainty,
usI The means Of carving into execution those
VitfWtse granted are included in The gfaut
Whenever, therefore, question arises concern
eg The constitutionahty Of particular power, tlle
ns' question is whether the power be expressed N
s1e constitution II il be not expressed, The next
inquiry must be, whether il IS properly an l"cldth'
70 sh express power, and necessary to lis execution
y 6e, It may he exercised by Congress. II II Dc
"'g congress cannot exercise it.
Let the question be asked then, whether the pow.
= ever The press exercised in the SedllIon Act
sc louhd among The powers expressly vested IN the
~I,ugteSs THIS is not pretended
q mere any express power for executing Whch'
'Scesaary aud proper power
me power which has beer selected, as least re-
.loel IN answer to this question: is that "oi sup
reasng Instructions !" which is said 10 imply
pNeF . prereat Instructions, by Furnishing what
s,tf may lead or tend to them. But il surely can
w. with the least pfisablIity be said that the re-
A-'aoh OF Tie press, and punishment oil llbeis. are
sAslolses oI power TO suppress Instructions, lhe
-'ls' mat could be sad. woad be, that the punish.
sh' oil lbes, il il had the tendency ascribed to II,
n gay prevent the occasion Of passing or executing
-Ns necessary and proper for the suppression Of IN
mas The FEDERAL Cover nment no power, them TO
FsFeni as well az 10 pdrsL resistance to the laws
H.. have lie powers whtc,@. the constitution
~ - meet pruper ia their hands for the ''fpose'
lss, ohgress has power, before il happens, 10 pass
"a, pinisleng il and The Executive aud judi
Il. Inv. a1ve power 10 ensSce those Avs ahea i