Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-01-26


enlargement OF them claimed and the celebrated report of
Gen. Hamilton upon the subject Of manufactures though
calls to its aid the general welfare authorizing the ap
preparation Of money, refers to that provision found
in the Sh section of the constitution, and not 10 the prea
be He suPposes this process would never be pushed fur
ther that is, woud not carry power to do any other
thing not authorized he constitution either expressly
by fair implication" He Of great sagacity, but
his sagacity failed him here.
The power to pass g needfu laws respecting property
conveys the power pass any laws which in the opinion of
Congress would Establish justice, promote the general
welfare "secure the blessings of liberty to ourselves and
posterity for these all equally among the ends de-
clared in the preamble to the constitution Why, this the
very consequence oreseen and foreo by the Legislature of
Virginia in the resolutions of 799 the result Of this in
deensbe latitude Of construction that il would have the
nadmissbe effect of rendering nugaory improper every
part Of the constitution Judge Story has no doubt laid
down the true doctrine upon this subject where ne says that
the preamble be esored TO to enlarge the powers
confdedt to the Government or any Of its departments
Mr. Adams separates 'needfu" from the context, as
though the words territory other property did not exist
and maintains that any power may be exercised which is
needul" to promote justice. Whether he means to pro-
mote Justice in the Territories only under this Of
Interpretation, extend the authority 10 the whole Union,
thus promoting Justice every where do not undertake to
judge The constitutional restriction being stuck out, do
not know what limitation remains If SO, this ht!s word
needul becomes constitution rather leaves W WITH
out But the Territories alone to be the subject OF
this omnpoent power founded upon single word, the pn-
cpe is broad enough in its application to another provision
of the constitution extend this Congressional au hor
y every part Of the United States. It Unnecessary and
proper that any required give effect the clauses
Of the preamble should be adopted and thus have rod
which, in the hands Of necomancer, is to swallow up all
its competitors Instead Of asking what the constitution
grants, may well ask what withhods. Congress be-
comes the supreme legislator. The "common defence may
require that martial law should be proclaimed by Congress-
and the constitution would thus disappear readily as SINH
lar safeguards fall before European violence There no in
tegence which give the appearance OF plausbiy
to 50 monstrous doctrine; no resPectabily which can
make respectable. If again consigned to the tomb from
10 Wa Withdrawn,
among the strange alterations which sometimes cone
teach that great powers and signal failures in their
ercise belong to all the conditions Of humanity
No has doubted, says Judge Story, 'tte au-
thoIty of Congress Territorial Governments within
the territory Of the United Sate under the clause !o make
all needful rules and regulations The power IS NAM
tanned in the preceding quotations to be direct and ''com
pete, not incidental and constructive. Rules and regula-
tions for the public land rtvmiai mean "plenary"
legislative power What then confines the operation Of this
clause the territory Why it co-extensive with the
public land thus excluding the jurisdiction of the States,
wherever this kind of property exists And again. il this
power of legislation is given the land of the United
States, such that is property ageeaby the dcium
Of the court which is obviously correct what continues its
operation aer the land is sod and to be public pro-
perty BY the act of sale the land is withdrawn from the
category of public property. I belongs TO the United
States no longer and is therefore longer subject the
jurisdiction of Congress The power departs upon the de-
parure of the object upon which should be exercised
And in conformity with this view as have already stated,
all the Of Congress relating the public land whether
in States Territories TO have effect the moment the
title of such land passes from the Government The laws.
having performed their functions cease to operate there
We tod sir that multitude OF counsel there
safety multitude of rarely add to the safety of
legal deductions when these depend upon philoog
investigations "A half dozen words fifty employed would
have conveyed the power contended for beyond controversy
Dictionaries have been ransacked and good deal Of learning
has been exhausted to prove that the words make all
aeedf rai aaj resl;laons sufficiently comprehensve
to include the constitution itself, and all laws that
passed. Well sir Isha take part in these disquisons-
subeties, might call themshowing that constitution, as
pescrbes rules Of action using the term in very gene
ra sense, may itself be called rule.
| But believe the Convention which formed our constu-
ton would have added the respect their abors INSPIRE
in that great of creative political power which precejes
and introduces the constitution of the United States, aud
the will and objects Of the people in the formation of
government instead Of the DEcLARATIoS do erdan
and establish this constitution had they that the
people do ordain and establish this even these
il, in the very first creation Of authority, instead
OF vesng all Legislative powers in Congress- they Tad
adopted these views, and vested in that body all ret
ng pocers, and had substituted the phrase TO make al
rules which shall be and proper carry INTO effect
the enumerated powers fol- the existing clause which enables
Congress make all for that purposes still further
had declared THIs CONSTITUTION AND THE RE6uLArIoFs
of the United States, made in pursuance thereof &c snai
be the supreme Of the land 1t all IDLE TO
tell that the Convention, by needfu rules and reeua
tons, intended to convey complete jurisdiction. ihey
have had some satisfactory to themselves Tor he
Of this peculiar phraseology and because they id
intend grant this tcompete jurisdiction that tnese
words probably employed The object was the dsPoS
ton and protection of the public property and TO ensure na
and that aone truly relating to property were employ
ed and those elsewhere used the constitution Tor the gee-
raj objects of legislation carefully avoided We are IN
deed told, and is among the doctrines to which this
controversy has given bh that if this definition that law
rule Of acon be correct rule and law are synonymous
or in other words convertible, conclusion equally illogical
in agumen, and unfounded in fact, and they command
prohibit" 81" obvious therefore, continues the speaker
that the grant power make rules and regulations
be restricted controlled by the word property but
be apple able the and rights citizens upon such
territory It would be absurd for Congress to make rule
law for the government Of inert natter-and, territory
commanding il do prohibiting from doing certain acts
Mr. .IarkWeather, voL 2, p 81.
This reasoning if can be digni6ed with that term, were
good for any thing, applies well to the States to the
Territories and carries complete jurisdiction every where BY
proving much, would prove nothing at all But IL
founded misconcepon papabe as to excite surprise
that the speaker did detect the acy before be committed
his remarks to the press The proposition seems to be that
although Congress have the right Of special legislation con-
corning land, such right of legislation fact concern
the land because it is inert matter, but confers complete
jurisdiction all persons upon H. To state such pro-
position is refute it. 'Inert matter may be the subject OF
legislation shown by almost every psge Of our own legal
code and of every other legal CODE The title and descent OF
estates be regulated and thousand other acts doue
which "conccrn land, though till suppose, never
entered into the heart Of conceive the tongue
Declare that the thing regulated commanded or
prohibited But when, in order carry into full ard far
effect such power things, becomes necessary to pro-
hbit command any relating thereto, then tie law
operates upon persons and is their duty do or to leave
undone the acts so required forbidden But such power
of legislation extend beyond the object OF gsa
tbaya ha