The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-01-22
THE UNION.

new government In all The controversies 10 winch
10 their aid the Introductory declaration Of the constitution
has given rise, this is the first time have seen II con-
tepdsd that that declaration contains absolute grants OF
power and not mere Inducements for the more
extensive exercise OF those expressly provided for This
is as far the heesy till now has been pushed. But
new chapter is opening upon US
In the able cotemporaneous essays in the Fedefast
upon the grants OF power the constitution such
sruclve enlargement OF them is eaimed and the cele.
braied report OF General Hamilton, upon the subject oil
manufactures, though il calls TO its aid the general wei
fare9 as authorizing the appropriation Of money refers
to that provision il is found in the slh section OF the
constitution, and not to the preamble He supposes this
process would never DC pushed iuriher that 49, would
the constitution either expressly or by fair implication
He was Of great sagaeily but his sagacity failed
him here.
The power to pass needful laws respecting property
conveys the power to pass any laws which in the opinion
OF Congress would establish Justice" or promote the
general welfare" secure the blessings Of Liberty TO
ourselves and our posterity; for these all equally
among the ends declared in the preamble TO the cons
tuition. Why this s the very consequence foreseen
and foeold BY the legislature Of Virginia in the resou
tons OF $780, as the result OF this ndefensble latitude OF
construction that II would have the nadmissble effect
OF rendering nugatoy or improper every part OF the con-
stuton." Judge Story has no doubt laid down the true
doctrine upon this subject where he says that the pre-
abe be resorted to- TO enlarge the powers con-
fded 10 the government or any OF Its departments"
Mr. Adams separates "needfup' from the context, as
though the words territory or other property did not exist
and maintains that any power may be exercised which is
sneedful" to promote Justice Whether he means to pro-
Justice in the Territories only under this new pro-
NOT ' undertake to Judge he constitutional restriction
being struck out do not know what limitation remains
Ii So this little word 'needu" becomes constitution,
rather, leaves us without But the Territories
alone to be the subject OF this omnipoten power,
founded upon single word the principle broad enough
In It's application TO another provision Of the constitution
to extend this congressional authority 10 every part
of the United States II is necessary and proper that
any measure required 10 give effect to the clauses Of the
preamble should be adopted; and thus we have rod.
which, in the hands Of necromancer, is to swallow up
all its competitors Instead Of asking what the constitu-
lion grants, we may well ask what il withhods. Con-
gress becomes the supreme legislator The common de.
fence" may require that martial law should be proclaimed
by Congress- and the constitution would thus disappear as
readily similar safeguards fall before European violence
of plausbiity to monstrous doctrine espec-
liability which make respectable. II not again con-
signed to the tomb from whence in an unucky hour II
alterations which sometimes teach US that great
powers and signal failures their exercise belong to all
the conditions Of humanity. sft
ono one has doubted" says Judge Story he au-
thorty of Congress to create territorial governments
within the territory of the United States under the clause
to make all needful rules and regulations" The pow
and complete not incidental and constructive Rules
and regulations for the public land Uitermini mean
'plenary" legislative power What, then, confines the
coextensive with the public and-hus excluding the
jurisdiction Of the Staes wherever this kind of property
exists And again, this power of legislation is given
property ageeaby the dictnm Of the court. which is
obviously correct what continues its operation after the
aud is sold and TO be public property BY the
act OF sale, the land is Withdrawn from the category Of
public property at belongs to the United States
longer and it is therefore no longer subec, to the urs
diction Of Congress The power departs upon the de-
parure OF the object upon which il should be exercised
And in conformity with this view have already
ted, all the acts OF Congress relating to the public land
whether in States or Territories cease to have effect the
moment the title OF such land passes from the government
The laws having performed their functions, cease to oPe
rate there att 6s
We are told sir that in multitude Of counsel there is
safety multitude OF rarely add TO the safety
of legal deductions, when these depend upon
pathological investigations. half dozen words ftly
employed would have conveyed the power contended for
and good deal OF learning has been exhausted 10 prove
that the words o make all needful rules and regula
tons sufficiently comprehensive TO include the
sir shall take part in these disquisitions
might call them-showing that constitution, as il
prescrbes rules OF action using the term in very gene
raj sense, may itself be called rule.
But believe the convention which formed our consi-
tuition would net have added to the respect their abors
inspire, IT. in that great act OF creative political power
which precedes and introduces the constitution OF the
United States, and announces the will and objects OF the
people in the formation OF government, instead OF
the DECLARATION, do orain and establish this constu-
ton," they had that the people do ordain and
establish this RULE, or even these RuLEs or it, in the
very first creation Of authority instead Of vesng all ale
gslatve powers' in Congress, they had adopted these
views, and vested in that body all regulating poo.
srs and had substituted the phrase make all rules which
shall be necessary and proper 10 carry into effect the
enumerated powers for the existing clause which enables
Congress 10 make all LAWS for that purpose or, still fur
Their, had declared THIS CONSTITUTION THE
OF the United States made In pursuance thereof
NC, shall be the supreme of the land" II
and regulations intended 10 convey" complete usdic
ton" They must have had satisfactory to
themselves Tor the OF this peculiar phraseoogy and
was because they did NOT intend grant thus "complee
jurisdiction" that these words were probably employed
The object the disposition and protection oil the pub
lie property, and TO insure that, and that alone. terms
truly relating property employed, and those else
where used the constitution for the general objects of
legislation carefully avoided We are, indeed. told,
and IL is among the doctrines to which this conro
versy has given birth, that, f this definition THAT law
rule OF acton be correct rule and Synonymous Tor
in other WORDS convertible, conclusion equally illogical
prohibit" at is obvious, therefore," continues the
speaker that the grant OF power TO make rules and reg
ulatons cannot be restricted to controlled by the word
property, but must be applicable 10 the acts and rights Of
citizens upon such territory" cit would be absurd for
Congress to make rule law for the government OF
inert mduer-iand fsrritory--commanding II TO do
prohibiting Il from doing certain acts,
This reasoning. IL il can be digni6ed with that term
were good Tor anything, applies well 70 the States
10 the Territories and carries complete jurisdiction
everywhere BY proving too much, il would prove moth
ing at all But Il is founded in misconcepnon pal
pable excite surprise that the speaker did not detect
The proposition seems TO be that, although Congress
have the raht of epecial leci slafion CONCERNING