The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1857-02-17
NO. $50.

| IL WAS forgery. some SntiquaIlan snOuld
present you with yellow paper, bearing
marks of age, purporting 10 history Of Con-
gressoHal proceedings in 1910, in which the
name of our distinguished Senator. or any
other, should be introduced as discussing the
doctrine of Squatter Sovereignty, the anachro-
nism wonld condemn it instantly az au impos-
turc. And any pretended copy Of the Uni
ted States Constitution adopted in 1887, in
which the word Territories should be found,
would, upon the same principle, be recognized
as the word of a forger. There was but one
Territory at that time, and the acquisition of
another was not 80 seriously thought of as to
render provision for it necessary in the fun
damental law.
But our Senator tells us again that the
Constitution only gives to Congress tho pow
the prohibition Of slavery is not among the
things which are absolutely necessary, and
hence the power is not granted by these
words
But "needful" ia not so strong term rs
necessary" And even with respect to the
latter,the Supreme Court of the UnitedStates
has more than once talked very good sense.
as you will see from passage which will
read to you from decision of Chief Justice
Marshall:
''The word necessary is considered by the
counsel as limiting the right to pass laws for
the execution of the granted power, to such
as are indispensable, and with out which tho
power would bo nugatory. 1t is true that
this is the sense in which the word necessary
is always used? Does it always impart an
absolute physical necessity, so strong that ono
thing, to which another may be termed ne
cessary, connot exist without the othcr?--
We think it does not. To employ the mcans
necessary to an end, and not as being confin d
to these single means without which the end
would be entirely unattainablc. The word
necessary admits to all degrees of comparison;
and is often connected with other words which
increase or diminish the impression the mind
received of the urgency it imports. "A thing
may be necessary, very necessary, absolutely
or indispcnsably necessary. To. mo- mind
would the same idea be conveyed by these
several phrases" .t
And then the Chief Justice goes on to cay
that the term necessary is sometimes used in
the less rigid sense of "needful," recognising
the fact which every one understood, that
"needful" is term Of more latitude than no
cessary." - -.-.,
Thus much upon the argument from the
Constitution itself. And here we might stop.
The argument is conclusive. The words Of
the provision, and its entire connection, are
both in favor of the power, and every gloss
which has been put upon the clause under
consideration disappears upon close e1anihsi
ton. ,....,. .t.-r.
4. But there is still further evidence Of tho
meaning which was attached to his provision,
from the history of his adoption in the Fede
raj Convention. have it here in the 4th vol
ume of Elliott's Debates. .......
On the 18th of August, 1881, Mr.. Madi-
son submitted to the Constitutional Conven.
ton series of propositions proposing to give
certain powers to Congress. The first two
propositions arc as follows: .-
Congress shall have power to dispose Of
The unappropriated lands Of the United
States
To institute temporary governments for
new States arising therein"
have not been able TO discover that there
was any opposition to these propositions in
he Convention. But when they were rcpor-
ed back from the committee to whom they
we're referred, they were put in the form which
hey are found to have in this clause, and, on
he 30th of August, passed, with but ono
tate voting in the negarive, and that was
Maryland.
1t seems to have been understoon in the
Convention that the clause adopted cmbra-
ed all that was contained in tho propositions
# Madison, and, in addition to that, some
hing more-that it was n comprehensive
nethot of expressing the whole thing in a few
vord'.
3. como now to tho argument from auth
rity. What are the views which have been
AIKEN Of this constitutional provision from
he time of its adoptionl shall not bc able
o present all the authorities; nor is it neces-
AIRY. A few Of them will suffice, especially
then we bear in mind that until within few
ears past this power has never been question
d. ..r..-
~ begin with what was written by Mr..
ladison, rs an argument in favor Of adopt
,g the new Constitution. In the 3sth num-
er of the Federalist he speaks Of the made
uacy of the Articles of Consideration which
ere to be superseded by the Constitution.
he following arc the words:
Congress have undertaken to do more
icy have proceeded to form new States; to
ect temporary governments, TO appoint
fccrs for them, and to prescribe the
'nditions on which such States shall be ad-
itted into the confedcracy. All this has
zen done, and done without the least color
constitutional authority. Yet no blame
Is been whispered; no alarm has been sound
!. / mean not 10y anything here
id 10 throw censure on the measures that
we been pursued by Congress. / am SEN
bic they could not have been Otherwise
le public interest, the necessity of the case,
lposed upon them the task If overlapping
cir constitutional limits But is not tho
It an alarming proof Of tie danger result
? from government which docs not pos
IS regular powers commensurate TO its OBJ
/?
II has often been urged by our political
II 49, so1 4 H.