The Somerset herald and farmers' and mechanics' register. [volume] (Somerset, Pa.) 183?-1852, 1846-04-21

Constitution conferred on the Government
of the country great and leading substan-
tive powers of general character. 1t SAID
that the Government should have power
to defend the country; power to regulate
It's commerce; power 10 transmit lntelil-
gence. Then it declared that the Con-
gress might DO whatever was necessary
and proper" to carry out and make ettee-
tive these general grants. and suit them to
I the wants and exigencies of the country.
as they should be developed in the pro-
gress OF time and the arts. Congress,
saws the Constitution, ''shall have power
to establish post offices and posts roads,
and there ii stopped; and there. according
to the doctrines of the gentleman from
| Virginia, the power of Congress TO act
stopped also. Yet how was if that Con-
gress, by virtue of this grant, had passed
volumes upon volumes of laws establish
ing Post Office Department, providing
for the transportation of the mails. the
punishment of offences, and so on; II the
doctrines of the gentleman were correct,
all these laws were unconstitutional and
void: and so of all the laws passed for
! lighthouses. buoys, beacons, seawalls,
forts, arsenaIs, and every thing of the kind,
from the foundation of the Government
up to the present hour. The genheman's
constitutional metaphysics subyerted the
whole of them, "and like the bsseless fab
ric of vision left not wreck behind
When gentleman proposes any mea-
sure TO Congress for It's action, and the IN
quiry was raised as to the constitutional
power to enact il, hisanswer must depend
on the subject matter; his first task was
to show that Il was necessary ard prop
er," Is means OF carrying into exeeu-
ton some one Of the granted powers
| When he had shown that. he had a right
10 ask It's adoption, and if a majority OF
both Houses of Congress coneurred with
him il would be adopted, if not it would
be rejected, and here was the scrutiny,
and the only scrutiny. against unconstitu-
tional legislation. Suppose the subject
was road, The military power in the
Constitutions empowered Congress 10 make
military roads for the transportation of
armies and munitions of war. And so the
commercial power authorized Congress 10
make commercial roads, whether over the
land, or bv the channels and course of
rivers. The military power gave Con-
! gress a right 10 build fort, but fort
might be so situated as to be useless with
ont road leading to it: therefore. Con-
gress has the same power 10 make the
road that they have 10 erect the fort.
If gentlemen would give themselves the
/ trouble to look into the decisions of the
Supreme Court, they would find that.that
enlightened tribunal had laid down the
doctrines he advocated. as the true & Just
Interpretation Of the Constitution. In The
case of NcCuilock vs.. The State OF Mary
land, reported in 4lh Wheaton. Chief JUS
tce Marshall declared this 10 be the clear
and undou5sed meaning ofthai instrument.
The powers Congress ordinarily exercise,
are but In tileIr nature meaus OF executing
powers; and the cniy limit, or restriction,
imposed bv the Constitution on the dis
creiiOn OF Congress, IS, that the means
snail be 'neccssary and proper" to the
end OF carving out of the granted power.
Within that limitation Congress can do
whatever they Judge expcdient in carry
ing out the express powers.
Who IS TO Judge whether a measure
proposed IS necessary and proper''to the
execution OF an express power! Con-
gress must Judge for itself: the degree Of
necessity is not indicated. The Constitu-
ton doss not say the means employed
must be absolutely or indispensable ne
eessary-not at all; ali that il requires is,
that the means employed shall be fit and
useful for the purpose indicated, Such is
the unanimous opinion Of the Supreme
Court, as delivered BY Chief Justice Mar
shall. Some gentlemen think ii. .ccnstitu-
tlOnal TO make long road. or improve
long river. but not short one. Length
Or breadth, or locality. have nothing to DO
with the question. Whether the road be
FIVE miles long OF fire hundred, is amalter
| perfectly immaterial, the true question is,
what Is It's purpose! Suppose road TO
. fort be but a mile long. ifit is needed to
reach the fort it is constitutional to make
it, as much SO as if ii were a thousand
miles long.
M. s. contended. that, as means of
national defence. a general system Of rail-
roads connecting our cities on the sea-
board, and penetrating the interior, was
better and more efeetual lin an extended
country like ours than any system OF for
tiicaiions that could be devised. Should
an enemy make demonstration on any
Poin; on the seaboard, before he could ap-
I proach and effect landing, troops could
be collected sufficient to prevent the sue
cess of his enterprise. Had we posses
sed such roads in the last war, this CITY
would never have fallen into the hands of
the enemy; in two hours troops might
have been brought from Baltimore, who