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"consent of the legislature of the state in which the sarne "shall be, for the erection of forts, magazines, arsenals, "dock-yards, and other needful buildings."-Art. 1, scc. 8, cl. 17.

§ 410. Complete and exclusive power at the seat of gov. ernment, is necessary to protect the public authority from insult, and to prevent interruptions to its proceedings. The members of the general government ought not to be depend. ent on a state for protection in the discharge of their duties. Congress had, on one occasion, been treated with indignity and abuse; and the executive authority of the state in which that body was sitting having failed to afford protection, congress removed to another state. This occurrence may have suggested the incorporation of this provision into the consti

tution.

§ 411. The establishment of a permanent seat of government for the United States, after the treaty of peace with Great Britain, received the early attention of congress. In October, 1783, it was resolved, that buildings for the use of congress should be erected on the banks of the Delaware. A few days later it was resolved, that buildings for a simi lar purpose should likewise be erected on the Potomac, with the view of reconciling the conflicting wishes of the northern and southern states, by establishing two seats of government. In December, 1784, it was farther resolved, that a district should be purchased on the banks of the Delaware for a federal town; and that contracts should be made for erecting a house for the use of congress and the executive officers, and suitable buildings for the residence of the president and the secretaries of the several departments.

§ 412. But the appropriation of the necessary fund for these purposes, requiring the assent of nine states, was prevented by the southern interest. In 1790, a compromise was made, by which the friends of Philadelphia, in consideration of having the seat of government at that city during ten years, the time estimated to be necessary to erect the public buildings, agreed that the seat of government should be permanently fixed on the Potomac.

exclusive power necessary at the seat of government? § 411, 412. State the circumstances attending the establishment of the present seat

§ 413. The territory in which the seat of goverment is located, is ten miles square. It was ceded to the general government by the states of Maryland and Virginia, and erected into a district, under the exclusive jurisdiction of congress, by the name of the District of Columbia. In the city of Washington, which is built near the centre of the district, the necessary buildings are erected for the accommo. dation of the general government, where its seat was estab lished at the commencement of the present century. It was in view of the acquisition of this territory, that provision was made by the constitution for its government.

§ 414. As the inhabitants of this district have placed themselves under the government of congress, they have no voice in the election of representatives, nor of electors of president and vice president. Although laws are from time to time passed by congress for the government of this district, these acts principally adopt the laws of Maryland and Virginia as the law of the several portions of the district ceded by those states respectively. K.

§ 415. It is equally necessary that congress should exercise like authority over the forts, arsenals, dock-yards, and other property of the United States. These depositories of the national armor should be exempt from the authority of the state in which they are situate. It is properly provided, that no state may be divested of any portion of its territory, without the consent of its legislature.

§ 416. The power of congress to legislate exclusively within any place ceded by a state, carries with it the right to make that power effectual. Congress may provide by law for the apprehension of a person who escapes from such place, after committing a felony, or for conveying him to or from any other place for trial or execution. Congress may punish those for misprision of felony, who, out of a fort, con. ceal a felony committed within it.

§ 417. To give the United States exclusive legislation and jurisdiction over any place in a particular state, it must be

of government. § 413. Describe its location, name, &c. § 414. How is the district governed? § 415. Can the general government acquire territory from a state without the state's consent? § 417. How is it obtained?

freely ceded for one of the purposes specified in the forego ing clause of the constitution. When a place has been purchased by the United States for the erection of a fort, with the consent of a state, the jurisdiction of the state ceases therein, and the inhabitants of such place cannot exercise within it any civil or political privileges under the laws of the state, as they are not subject to such laws, nor bound to pay taxes imposed by their authority.

CHAPTER XVIII.

General Power to make all Necessary Laws.

"To make all laws

418. Congress shall have power, "which shall be necessary and proper for carrying into exe"cution the foregoing powers, and all other powers vested "by this constitution in the government of the United States, or in any department or officer thereof."-Art. 1, sec. 8,

66

cl. 18.

§ 419. Without such a power, many of the powers expressly delegated could never be carried into effect. It is impossible, in an instrument of this kind, to descend to all the minute details of legislation. As it could not be foreseen what subjects would require the action of congress in all future time, an express enumeration of all necessary powers would have been attempted in vain. Under the con. federation, congress could exercise no powers but such as were "expressly delegated." This was one of the principal defects of that instrument, which led to its abolition. It was deemed expedient, therefore, to adopt a clause which would furnish a rule of interpreting the constitution in such manner as to avoid the embarrassments which congress had experienced.

§ 418. What general power of making laws is granted to congress? § 419. Why is such a power necessary? Did it exist under the confederation? § 420. Was an express grant necessary to authorize the

§ 420. Although this explicit declaration was needful in order to remove the scruples of those who might think the powers of the national government extended only to those which were expressly granted, it is alleged that "the power to make all necessary and proper laws" to carry the general powers into effect, might be constitutionally exercised without an express declaration of this power. Before the constitution was adopted by the states, this clause was vehemently declaimed against, as granting powers almost unlimited. In vindicating this clause it was maintained, that the declaration of this power was not necessary to its creation, for its existence was implied. Said Mr. Madison on this point, "No axiom is more clearly established in law or in reason, than that wherever the end is required, the means are authorized; wherever a general power to do a thing is given, every particular power necessary for doing it is included."

§ 421. In pursuance of this general power to make all necessary laws, congress has exercised the power to inflict punishment in cases not specified in the constitution; to exact an oath of office, in addition to the oath of fidelity to the constitution; to punish larceny of letters from the post office, or the robbery of the mail; to construct break-waters and light-houses, and remove obstructions in navigable rivers, under the power "to regulate commerce:" Also to secure to the United States priority of payment from the effects of insolvent debtors. Congress has enacted, that in all cases in which the estate of any deceased debtor shall not be suf ficient to pay all his debts, or in which any revenue officer or other person, becoming indebted by bond or otherwise, shall become insolvent, the debt due to the United States shall be first satisfied. The powers exercised in the cases above enumerated, and in innumerable others, are implied in the powers expressly granted; and they might have been exercised without the general grant to pass all ne

cessary and proper laws to carry the expressed powers into

effect.

§ 422. Under the power to make all laws necessary to carry into execution the powers of the government, con

exercise of this power? § 421, 422. What laws have been enacted

gress has exercised the power to create corporations. This power was exerised by the first congress under the constitution, by the passing of the act incorporating a national bank, in 1791; and subsequently, in 1816, by the incorpo. ration of a new bank, after the charter of the first had expired.

§423. The constitutionality of this power has, however, been questioned; and its exercise in this instance has met with much opposition in congress. Although the opinion of the supreme court has been repeatedly expressed in accordance to that of a majority of congress, the question is not settled. It has undergone much discussion and investigation, both in congress and among the people at large; but a wide difference of opinion on the subject still prevails. Bills for renewal and incorporation have received the executive veto under different administrations. And the advo. cates of this power admit, that, in order to justify its exercise in the creation of a bank, such a corporation must be deemed essential in carrying into effect some power vested in the general government.

§ 424. Under the power to establish post offices and post roads, and the power to raise money for providing for the general welfare, together with the power to pass all laws necessary and proper for carrying into execution the powers of government expressly authorized, congress has, at dif ferent times, appropriated funds for internal improvements. by means of roads and canals. But this power also has been disputed; and several presidents have denied the power of congress to pass bills for objects of this kind, and have withheld their sanction from such bills.

§ 425. But the power to lay out, construct, and improve military and post roads, and to cut canals through the states, with their consent, for promoting internal commerce, and for the more safe and economical transportation of troops and military stores in time of war, is pretty generally conceded to congress. And the right to appropriate money for

in pursuance of implied powers? 423. Was the constitutionality of the bank universally admitted? § 424, 425. Under what powers have internal improvements been made? When is the making of them constitutional?

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