The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-05-05

men, who would not repadate the logic of the gen.
teman, and render unanimous verdict only for
certain descriptions of implements. Common sense
would never mistake the words necessary and
proper" That gentemans reasoning mover finds
sIoppng-place, until 1t has out to the end OF all
things With him an authority TO regulate the
economy OF the "house that Jack built" would
most unquestionably imply the right 10 control the
conduct OF "the maid all fororn," and the rest of
the series, up TO the "ma that lay in the house that
Jack built, incusiyely.
The clause of the consultation which declares the
right Ito make all such ldlos shall be necessary
and proper 10 carry into execution the foregoing
powers, is habitually, regarded a species of
siduary clause but, sir, 1t was meant to compre-
bend the entire lalo-making authority Of the Con-
gress The preceding clauses had already named
and described the different subjects in relation TO
which this authority to make haos was provided.
All questions strictly arising under this clause
questions OF law, as | have shown that questions
arising under the preceding clauses are questions Of
faet When fear was expressed that this clause
might be misconstrued, Mr. Madison replied, that
IT could not well be- as il was limited TO the subject,
mentioned in the preceding clauses and continued to
remarks The success Of the usurpadon will de-
pend on the executive and judiciary departments,
which are TO expound and give effect 10 the legisa-
i've acts" Now, IL this clause Of the constitution
which provides for the making of laos be Construed
IN such manner, to enlarge the subjects mentioned
subjects not mentioned there, what refuge has the
constitution in the judiciary department. The court
cannot annul a physical fact. IL cannot make void
and OF none effect canal, river improvement, or
lighthouse. In ordainng these things, then, you
eyade the judiciary, and deraud the States Of that
chief safeguard and guarantee Of their rights The
Legislative and executive departments. elected at
short intervals, become absolute and dsspotc Ii is
not worth groat TO the States that there exists an
independent judiciary. Your federal court becomes
mere eaPui HOriuum, in reference to its most inn
porant function, its most sacred trust, and its high
est grade Of jurisdiction.
Mr. Chairman, to all have said, it will be OBJ
Jected that strict adherence to the subjects emu
merated IN the constitution would disable Con-
gress TO adapt Its legislation TO the great changes
human affairs are daily undergoing, by the prog
ress OF the arts and sciences. To meet this obiec.
non, ! shall proceed to third general view ofthe
constitution.
The constitution assumes facts according TO their
nature and character, as settled by the common
sense and universal consent Of mankind. What
constitutes navy Is left for society to determine
The constitution attempts no definition whatever
and could not, for any gveR definition would soon
cease TO be true. IL bases itself, therefore, upon
no metaphysical definition or abstract conception
OF this or any other subject Of power. The con.
stitnent parts OF navy have undergone immense
changes, and perhaps destined to undergo still
greater change. But the power Of Congress to
N'coeo anu n navy VIII remain forever
the same. Take, for instance, money. The con-
suuuon does not say what shall be considered ac-
tual money, but leaves it TO be determined by the
commercial world and society at large Suppose
for instance, some new metal should he discovered
better adapted for money thar gold and silver and
this new metal should gradually take their place as
money, and they be worked up into jewelry and
merchandise, and wholly cease to be used as money,
who doubts that Congress could coin this metal or
regulate the value Of foreign coin" made of III
THIS new money would II were be the lineal de-
scendan OF gold and silver and il would have Ia
Ken their place in the commercial world and the
omy OF society, so i would take their place under
the constitution of the United States. So, too in
reference to the post Office: that department is under
gong wonderful Transformation; but still it win
continue to be the "pos Office" and these changes
would no more exempt it from the authority of
Congress- than the geological changes of the earths
body and surface, IN the progress OF ages, have ex
empted 1t from Its proper subsection to the sun.
These changes might render it inexpedient to ex-
ercise power, but could never destroy the power
itself.
These views will illustrate what Madison and
Hamilton meant when they spoke of this govern
ment adapting itself TO future changes in the affairs
OF society. Not that its popers would contract, or
expand, or multiply, but that its legislation would
adapt itself to the progressive notifications of facts
over which notifications the constitution pretends
to no control, but at every successive stage Of the
uaiston, assumes Tue Iact as IL then exists These
VIEWS too, will serve TO defend the Sate-rghts doc
trine from the charge Of narrowness and beral
severity. maintain ours is Just and liberal con-
structon. That of the opposite party, which they
seek to dignity with the name of berality is down
right perversion and classification. The constitu-
ton would make as liberal as the common sense
Of an enlightened people is liberal According to
this standard would test it, and suffer no petfog-
ger to lay hands upon it.
Mr. Chairman, my allotted hour is rapidly pass
ing. have been compelled to omit many views
was exceedingly anxious to present. But before
proceed to the question of expediency, must allude
to the gentleman from Pennsylvania, Mr.. THoMP-
soN]
He points to this Capitol and the Presidents
mansion, and asks: Where are they mentioned in
the constitution And he fancies he has discovered
In these things striking evidence of the great latitude
our orefa,hers meant to give to the powers of the
federal government. Sir, the gentleman could not
have been less fortunate in his selection. The con-
stltution says there shall be Senate and House of
Representatives, a President, Supreme Court, &c
Now was 1t ever imagined that these officers would
sit upon the ground in open air, any than that
the sun should cease to rise in the east All human
WAC tua will nA hay ho,r ,,lo,