Indiana Republican, Volume 3, Number 124, Madison, Jefferson County, 24 April 1819 — Page 1

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"where liberty dwells, there is my country." MADISON, (INDIANA) SATURDAY, APRIL 24, 1819. No. 124 VOL. III. K 1

PUBLISHED BY LODGE & ARION, ETRY SATURDAY.

CONDITIONS. -REPUBLICAN" will ; red at the office for two fhe , -jjr.i per unmiiu, juvi hi ru::e J if I1 11(1 within two months i,or subscribing, it will be consired in advance ; two dollars and .v cents if paid within twelve j..;-ths; and three dollars if not raid until the year expires. p.tpci" will be discontinued all arrearages are paid, '"j,, nH ca.3 a subscriber must - notice mmetuulv a"t the end of l'v:xr of his intention to discontinue," or he will be held responsible f r another years' subscription. Adrertisem mts not exceeding a square h ill be inserted three times t a dollar; longer ones in pronation, and if the number of in-c-rtions desired, are not specified, tVv will be continued at the expose of the; adverti ser until ordered Otit. T0A11 litters to the Editors 1 r.tt be post paid. NOTICE. WILL be sold at the PostOTice in Vernon, on Thursday the 29th inst. all the personal estite of Samuel S Robey, deceived, on a credit of at least six months for all sums over three dollars, viz. one horse, saddle, bridle and blanket ; all his clothes, and paints with all fizes of letters for sign painting &c. &c. also a quantity cf guid and silver leaf. t JOHN VAWTER, AdnCr. Vernon, April 14. 2v TWhRE will be exposed to pubhcs.de for cash in hand, on Saturday the 24th inst. in the town of Madison, a quantity of consisting of Calico's, Cambrick's, Silk's, Yankcy Clock's, hz. Also, book account's, together with notes of hand, taken in attachment as the property of Rufus S. Mixter, and to satisfy three judgments against said Mixter, one in favor of John Maxwell, one in favor of Martin Rowser, and one in favor of Branham & Stapp. Sale to commence at 10 o'clock on said day, where due attendance will be given by Thomas T. Stribling, s. J. c. April 10, 1819. PUBLIC SALE. WILL be exposed to public sale (for cash) on Saturday the 22d of May next, next door to squire Hemphill's, in Madison, In. the following articles, viz. 1 tobacco screw and press ; 2 beds, bedsteads and beding ; 1 pair of steelyards ; 2 brass candlesticks ; five Windsor chairs; 1 pair shovels and vCnSs; 1 dining table ; 1 breakfast tae ; 1 set China tea cups and saucers ; 1 set Liverpool do. 1 oven ; I s:ev kettle ; a small quantity of tobacco; 4 nogs, and many other articles too tedious to mention. VVM. EPPERSON, Administrator on the estate of John Campbell, deceased. April 17, j 8 to.

Bank of the United States. In the Supreme Court cf the Uni-

McCulloch, Writ of error from vs. the Court of ApThe State oft peals of MaryMaryland J land. Opinion of the Court continued. Let this be done in the case under consideration. The subject is the execution of those great powers, on which the welfare of a nation essentially depends. It must have been the intention of those who gave these powers, to ensure, as far as human prudence could ensure, their beneficial execution. This could not be done by confining the choice of means to such narrow limits as not to leave it in the power of congress to adopt any which might be appropriate, and which were conducive to the end. This provision is made in a constitution intended to endure for ages to come, and, consequently, to be adapted to the various crises of human afhiirs. To have prescribed the means by which government should, in all future time, execute its power, would have been to change, entirely, the character of the instrument, and give it the properties of a legal code. It would have been an unwise attempt to provide, by immutable rules, for exigencies which, if foreseen at all, must have been seen dimly, and which can be best provided for as they occur. To have declared that the best means shall not be used, but those alone without which the power given would be nugatory, would have been to deprive the legislature of the capacity to avail itself of experience, to exercise its reason, and to accommodate its legislation to circumstances. If we apply this prin- -ciple of construction to any of the powers of the government, vc shall find it so pernicious in its operation that we shall be compelled to discard it. The powers vested in Congress may certainly be carried into execution, without prescribing an oath of office. The power to exact this security for die faithful performance of duty, is not given, nor is it indispensably necessary. The different departments may be established, taxes may be imposed and collected, armies and navies may be raised and maintained, and money may be borrowed, without requiring , au oath of office. It mi ght be argued, with as much plausibility as other incidental powers have been assailed, that the convention was not uamindful of this subjec'.. The oath which might be exacted that of fidelity to the constitution, is prescribed, and no other can be required. Yet, he would be charged with insanity who should contend, that the legislature might not superadd, to the oath directed by the constitution, such other oath of office as its wisdom might suggest. So. with respect to the whole penal code of the U. States, whence arises the power to punish in cases not prescribed by the constitution i All admit that the government may, legitimately, punish any violation of its laws ; and yet, this is not among the enumerated powers of Congress. The right to enforce the observance of law, by punishing its infraction, might be denied with the more plausibility, because it is expressly given in some cases. Congress is empowered " to provide for the punishment of counterfeiting the securities and current coin of the U. States," and " to define and punish piracies and felonies committed on the high seas, and offences against the laws of nations." The several powers of Congress may exist, in a very imperfect state to be sure, but they may exist, and be carried into execution although no pnnishment should be inflicted in cases where

the right to punish is not expressly given. Take, for example, the power to establish 44 post offices and post roads." This power is executed by the single act of making the eatablishment. But, from this has been inferred the power and duty of carrying the mail, along the post road from one post office to another. And, from this implied power, has again been inferred the right to punish those who steal lettcrs from the post office, or rob the mail. It may be said, with some plausibility, that the right to carry the mail, and to punish those who rob it, is not indispensably neeessary to the establishment of a post office and a post road. This rh;ht is indeed essential to the beneficial exercise cf the power, but not indispensablv necessary to its exist-

ence. So, in the punishment of f ctxilitirr ir flc!i;!nr

ja oicujin jaijiij-iui, tin,- iiuuiauuii? in inose powers, a record or process of a court of 2nd. Its terms purport to rnthe U. States, or of perjury in such large, not to diminish the powers court. To punish these offenc es vested in the government. It puris certainly conducive to the due ports to be an additional power, administration of justice. But not a restriction on those alreadr courts may exist, and may dec ide granted. No reason has been or the causes brought before them, can be assigned for thus concealing though such Climes escape punish- an intention to narrow the disctc-

ment. The baneful influence of this narrow construction on all the operations of the government, a: id the absolute impracticability ot maintaining it without rendering the government incompetent to its great objects, might be illustrated

by numerous examples (irawn Irom the; eye one idea, ;md, alter dreo the constitution and from our laws, reflection, impress on the mind The good sense of the public has other, th y v, culd rather 1. ive mispronounced, without hesitation, guised !he;.'jU of power, than its that the power of punishment ap- limitation. If then their intention

pertains to sovereignty, and may be exercised whenever the sovereign has aright to act, as incidento his constitutional powers. w Iis a means for carrying into execution all sovereign powers, and mav be used, although not indispensably necessary, it n a right incidental to the powers, and conducive to its beneficial exercise. If this limited construction of the word A necessary" must he abandoned in ore: r to puni?h, whence is derived the rule which would reinstate it, when the. government would carry its powers into execution by means riot inf lictive in their nature If the w ord 14 ntcessarv means iac a , .....ir. .1 " 41 requisite, " touducive to," in order to let in the pourer of punishment according to the infraction of law, why is it not equally comprehensive w hen i equircd to authorise the use of means which facilitate the execution of the powers of government without the infliction of punishment .? In ascertaining the sense in which the word u necessary" is used in this clause ol the constitution, we may derive some aid from that with which it is associated. Congress shall have power "to make all laws which shall be neccssary and proper to carry into execution" the pow ers of the government. If the word uneccssarv" was used in that strict and rigorous sense for which the counsel for the State of Maryland contend, it would be ari extraordinary departure from the usual course of the human mind, as exhibited in composition, to add a word, the only possible effect of which is to qualify that strict and rigorous meaning; to present to the mind the idea of some choice of means of legislation not straightened and compressed within the narrow limits for which gentlemen contend, But the argument which most conclusively demonstrates the error of the construction contended for by the Counsel of Man land, is founded on the intention of the convention, as manifested in the whole clause. To waste time and argu-

ment in proving that, without it, ciently proved. If we look to the prexensii auju . .t P-,v i. Congress might carry its power-, origin of corporations, to the man- Alter this declaration it can into execution, would be not much ner in which they have been fram- carlv fcc ncccssarj' to say that less idle than to hold a lighted ta- ed in that Koverr.Tnmt from which thc Jw"tcIce A sUtc t:'tuvi Cm

per to the sun. Aslittle can it be required to prove that, in the ahsence of this clause, Congress would have some choice of means. That it might employ those which, in its judgment, would most ad vantageously effect the object to be accomplishti. That any means aclapted to the end, any means which tended directlv to the execution of the constitutional powers of the government, were in themselves constitutional. This clause, as construed by the State of Maryland, would abridge and almost annihilate this useful and neuessary right of the Legislature to select its means. That this could not he. intended is, we should think, had it not been already controverted, too apparent for controversy. We think so for the following reasons. 1. The clause is nlnred nmono-

the powers of Congress not among !.. U!.,0 -i tion ot the national legislature under words which purpott to crdarge it. 1 he Ira .Tiers of (he constitution w idled iu adoption, and well knew that it v. ouhl be t ndangered by its sticuguunotby its weakness. Had thtv b mi cn'ibde of u.-.:nT language whi :h would convcv to had been, by thi: lause, to restrain the free Ube of means which might othei wite have been imj.di.-d, tlnsr intent ton wouhi have been inserted in another place, and wotdd have been ei pressed in terms iesernbiing ihe-ii. In eatrvln ifito exc cution Ir-.e foregoing pow ers nnd all ethers," &c. 4 no laws shall be pa .srd hut such as are necessary and pioper." Had the intention been to make this clau-e restvictive, it would unquestionably have been so in form as w,cii as in effect. The result of the most careful and attentive consideration bestowed upon this clause is that, if it does not emerge, it cannot be con-j-trued to restrain the powers of Congress, or to impair the riglit of the legislature to exercise its best judgment in the selection of mtasures to carry into execution the constitutional- pov. eis of the goveminent. If no other motive' for its insertion be suggested, a suificicnt one is found in the desire to remove all doubts respecting the right to legislate on that at mass of incidental power which must be involved in the constitution, if that instrument be not a sph ndid bauble. We admit, ai a1! must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of thf constitution must allow to the n;itional legislature that discretion, with respect to the means by which the powers it confers are to" be carried into execution, w hich w ill enable that body to perform the high duties assigned to it, in the manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriatc, which are plainly adaptt d to that end, which are net prohibited, but consist with the letter and spirit of the constitution, are constitutional. That a corporation must be considered as a means not less usual, not of higher dignity, not more requiring a particular specification than other means, has been sufli-

we hav e derived most of our legal principles and ideas, or to the uses to which they have been applied we find no reason to suppose that a constitution, oroVt'mg, and wisely omitting, to enumerate all the means for carrying into execution the great powers vested in govtrnmei t, ought to have specified this, Had it been intended to grant this power as one w hich should be distinct and independent, to be exercised in any cae w hatever, it would have found a place among the enumc rated pow ers of the government, But being considered merely as a me ans, to be employed only for the purpose of carrying into execution the given powers, there could be no motive for particularly mentioning it. ne propriety of this remark would seem to be generally acknow-

lodged by the universal acquiescenco in t!ir r nntmrtin'i ri Ino cence in the construction which has been uniformly put on the 3rd section of the 4th article of the constitution. The power to "make all needful rules and regulations respecting the territory or otlar property belonging to the lT. States" ii not mere comprehensive, thi the power to make all laws which idiail he necessary and prope r for cariyingir.ro execution"" the powers of the government. Vet ail admit the constitutionality of a territorial government, winch is a corporate bod v. If a corporation m?y be employed i nd isc ri r.yW: a tely with oth'. r mcKie to crrrv into execution the' power, of the government, no partlcular reason can be issigned ir.r bank if re excluding the use of a quired for itsf.ftd operations To us? one, must be w ith'm tho discretion of Congress, if it b - an ap -pro; riate mode of executing the pow ers of government. That it is a convenient, a uv ful, and essentia) instrument in the prosecution ot its fiscal operations is not now a subject of controvc rs v. All thr-a v. i.o true ad m ini st r: be? co cerned in the ion of : concurvci ;u renr -Tinner us miportance ami ncce.-Mtv ; nrci o strongly have ihc-v been hit, that statesmen of the first Mr.ss, uhose previous opinions again.st it had been confirmed by everv ciroanvir.tnnce which can fix the hi re an judgment, have yielded those opinions to the exigencies of the nation. Under the confederation, Congress, justifying the measure by its necessity, truct nded perhaps its powers to obtain the advantage of a hank ; and our o: n legislation attests the universal conviction of the utility of this mea'ure. Tile time has passed away when it can he necessary to enter intv any discussion in c-rder t prsvc the importance ci this instrument! as a means to effect the kgitimnte ebject of the government. Biit were its necessity les apparent, n;ne can deny its being an appropriate measure; and if it is, the degK'C cf its necessity, as has been very justly observed, is to be discussed in austhc r place. Should Congress, in ue execution of im V'v ;,'Ft easuix s which are Inhibited by the censtitutbn ; or Jln't Congress, under the preu"xt ot P'ing its powers, pass !aws f'r the arnphshrtient cj obdirCts n-1 entrusted to the governim'r,t ; lt wc;l!d l,t ccmc tiie fainhl1 dut-v cf tIlls tr5hun:i a case requiring such a decision cmq bof2're n Xo sa-v t!?at s,uch an rct M'a nst tne ct and ut wherc lho hw 1S x-ot Pnihitrd; and ,s rcall.v calf uIated taclfvct.-iny cf the 6bJccts entrusted to the g vernment, t! undertake here to mtluire int lhe dce f f ncc?!s1J would be pass the line wtuch circumscribes the judicial department, and W tread en legislative Sr5und: ihls "urt discaauu. all

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