membrance of honest men; and an honest man your fellow men, and to him who gave you, as would be ashamed of any other fame than a sacred trust, all you have. Do all the good honest fame. This alone is creditable-this you can to others by a scrupulous attention to alone useful-this alone will be pure and all positive and negative obligations, personlasting. Not what, for the moment, may be al, social, and civil; and never forget that you popular, but what is right should be your should always "do unto others as you would, purpose. Have the courage always to do-your places being changed-wish that they right, and be afraid only of doing wrong. should do unto you"-this is the golden rule Honorable ends by honorable means--be this of philosophy as well as of religion. Cherish your motto-and then, if you fall, you fall aa rational love of your country, not only bemartyr to truth, and will be blessed. But if you should ever rise by unworthy or dishonest means, you will, at last, surely fall, and be cursed both in this world and in that which is to come. "Oh! is there not some chosen curse, Red with the uncommon wrath, cause it is your country, but because it deserves your love and support. But let your patriotism be not selfish or contracted, but benevolent and comprehensive embracing your whole country in all its parts, and interests, and institutions, and with an intensity proportionate to the benefits it confers, and the moral ties which bind you to it. Encourage the diffusion of moral, religious and political truth, and countenance organized efforts tending to promote the common welfare. Never In political, as well as in civil and social encourage falsehood or vice, nor infect the life, be justly tolerant. Every freeman has an morals, pervert the taste, nor unhinge the equal right to liberty of opinion and of con-principles of any rational being by conversascience. There is no real freedom when antion or example either demoralizing or licenhonest man is denounced or disfranchised for tious. The ruin of one immortal mind could an honest opinion. In describing a perfect never be expiated by all the beneficence of a democracy, Thucydides put into the mouth of Pericles, the following among other admirable suggestions-"Not offended at any man for following his own humor, nor casting on any censure or sour looks-we converse freely with one another without fear of offence, fearing only to transgress against the public." long and active lifetime. But, as the surest means of preserving every thing else most valuable, strive, by all proper efforts, to maintain unpolluted the principles of constitutional liberty and equality, to uphold the authority of law, and to strengthen the ligaments and increase the harmony of the North American But whatever you may be, you will be citi-Union. Thus you may be useful and honored zens of a country the most interesting, at a in your day, and inscribe your names on the time the most eventful, and under institutions roll of virtuous and enduring Fame. And the most popular the world ever knew. The thus, truly, you will have lived to the honor of pilgrim fathers who planted the seeds of civil and religious liberty-the revolutionary worthies who conquered tyranny, consolidated the rights of man, and embalmed them in the affections of mankind—are all gone, and we, too, of this generation, who have succeeded them, will soon pass away and leave to you, who are coming after us, and are about to take our places, a land and a government blessed, as we trust, by a benignant Almighty, as the ei abiding place of liberty and light for all gen-long remember. your race, and the glory of your age and counhis example and his labors live and act long try. The good a man does dies not with him; after he is dead. Remember Socrates, Cato, Newton, Sydney, Franklin, Washington, and Marshall-their deeds live after them, and will long live to enlighten and bless mankind. We must here conclude. The suggestions carptim, we beg you to consider seriously and now offered, though cursorily presented raptim erations of men in all times to come. We have anxiously endeavored to assist you in You will now go forth as the winds, to scatmaking some useful preparation for the enjoy-ter over this great valley of the west seeds of ments and the duties that lie before you. The knowledge which have been gathered under field is unlimited-the harvest is ripe--the our auspices. May these take deep roots, and be precepts of Washington and the memory of the watered and nourished until they shall grow, illustrious dead are fresh and full before you-and fructify, and cover the land with a richer the happiness of the living, your own desti- moral foliage and a fragrance of more perfect nies, and the hopes of the unborn, rest upon liberty and truth. Whatever may be your you as among the laborers of the dawning destiny, may you ever cherish fraternal symday, and urge you to be in all things, and at pathies for each other, and a filial rememall times, zealous, and active, and true. In brance of your Alma-Mater. She will never all the relations of life, important duties will cease to feel a deep interest in all that condevolve upon you--and in all, however hum-cerns you, and in whatsoever you may do, or ble or circumscribed, you may be eminently may be; and it will rejoice her to hear of your and lastingly useful. Enlightened reason, prosperity and honest fame. May she, like perfect justice, and comprehensive patriotism Berecinthia, be now and always and benevolence, should be your cardinal guides. Cultivate, to the utmost, all your mor Felix prole virum al faculties-this you owe to yourselves, to Proud of her sons, she lifts her head on high, Proud as the mighty mother of the sky- Though-after our approaching separationwe may not meet again on earth, yet, as we are And may we too be allowed to hope that taught to believe, it will not be long until we you will not forget us, nor neglect our pre-shall be re-assembled at the bar of Almighty cepts. If we have contributed to your im-God, to be severally judged for the deeds of provement, we shall be happy to hail you as our probationary pilgrimage. May the ligh sons, and to be long and kindly remembered; of that day, like a bright fixed star, guide us and when our earthly course is finished, may from the snares through which we pass to the You, our cherished pupils and friends, still live tomb, and cheer our hearts with a hope bto adorn, to save, and to bless our belovedyond the grave. country. PRELECTION. Lexington, Nov. 8, 1852. Dear Sir:-The undersigned have been appointed a Committee on behalf of the members of the Law Class of Transylvania University, to request of you a copy of your Introductory Lecture, delivered on the 4th inst., for publication. We hope you may find it convenient to comply with this request; as we believe that the lucid and masterly exposition of the principles of the American Constitution, to be found in that address, will have the tendency to check the monstrous doctrines of nullification and secession, which threaten, ere long, unless firmly resisted by the patriotic intelligence of the people, to undermine the fabric of our Government, and "to enfeeble the sacred ties which now link together the various parts" of our beloved. country. We have the honor to be, sir, with very high regard, your obedient servants, J. M. HARLAN, G. G. VEST, V. H. LYNN, HON. GEORGE ROBERTSON. Committee. Lexington, Nov. 12th, 1842. Gentlemen:-Absence from home has delayed an answer to your kind note, requesting a copy of my Introductory Lecture for publication. If the deliberate perusal of it in print, shall help to impress you with right conceptions of the radical principle of the Constitution of the United States, and of the extent of the powers of the Government it established, the Lecture will have effected as much good as I could expect. It was intended for you alone, and, if its publicity shall extend its influence beyond the Lecture Room, and tend, in any degree, to arrest the progress of pernicions errors, and to prevent the unhingement of the Government of our model Union, I shall be more than compensated for my effort, through you, to contribute to save and exalt the great work of the Washingtons, and Madisons, and Hamiltons, and Marshalls of America. In compliance with your request, therefore, I commit the Address to your discretion, to be disposed of as you deem best. Yours, respectfully, RTSO G. ROBERTSON. ADDRESS. into full and complete effect. Without that prudent recognition, the existence of constructive powers would have been unquestionable, and their scope would have been as comprehensive, and the test for defining it as clear, as now. Implied power is only the right to employ appropriate and unprohibited means for fulfilling the ends of the express powers. Is the thing done or proposed under the claim of constructive authority, a mean to an end of any express power-is it expressly forbidden by the constitution, or is it inconsistent with its genius or any of its principles? WHEN the Federal Convention of 1787 de- and philosophy that, when power is granted termined to substitute a constitution for a to an agent to do a designated thing, or a trust league, a National Government operating suis confided to perform a defined duty, all the premely on the people of all the States, instead accustomed or fitting means of doing the thing, of a confederation among the States as polit- or executing the purpose of the trust, and ical sovereigns-the character and scope of the which the constituent, before delegating the powers which the sovereignty of the Union power or imposing the trust, might have emshould possess, presented a question of the ployed for the same object, are also delegated gravest consideration. The object of the con- to the representative organ, excepting only so templated Government was the union of the far as the character of authority shall have people and the States; and the end of such qualified or restricted them. But lest this axunion was undivided nationality abroad, and iomatic truth might be sometimes questioned, peace, justice, and security, as to all interna- in its application to the constitution of the Unitional interests and rights at home. Conse-ted States-which recites the self-evident fact, quently, as experience had demonstrated the that the Goverment constructed by it, shall necessity of a supreme popular Government, exercise no power not delegated in it-the constructed by and responsible to the people principle of implied or resulting powers just of all the States, for effecting the desired ends, suggested, was expressly recognized by the dewisdom and patriotism concurred in making claration that, in addition to the enumerated the authority of that Government co-extensive powers, Congress should possess all other powwith all international concerns. History, Phi-ers, "necessary and proper," for carrying them losophy, and the representative principle embalmed in the Declaration of Independence, all united in defining this as the true conservative boundary between the Governments of the several States, and the comprehensive Government of the United States. Common interests should be protected by common counsels. No one of the States should possess any arbitrary control over affairs involving the liberty, peace, or property of the people of all the States. Whatever affects the rights of the people of all the States, or of more States than one, ought to be under the guardian care of their common Government. As to all interna- This is the true and only constitutional tional concerns abroad, we have, and should touchstone of implied power. It is sufficiently have, but one Government, and but one Na-obvious, and can but seldom be of difficult or tion-that of "the United States." And as to doubtful application, by the candid and intelall domestic concerns, in which the people of ligent mind, euquiring only for the truth. the Union have a common interest, there should be, and is, but one Government-that of the Union. Such powers as were essential to that Government, were taken by the people, from their State Governments, and delegated to the National Government, which, being thus derivative, possesses no power except what has been given to it by the provisions of the constitution. And to avoid, as far as possible, collisions between the States and General Government, as to their respective jurisdictions, the national constitution classifies and enumerates the general powers deemed essential to enable the latter to fulfil the great trust of maintaining harmony, peace, and justice, throughout the limits of the Union. But the most eligible means of effecting the ends of the enumerated powers being various, and often changeful in their adaptations, they neither were, nor could have been specified. It is an undeniable principle of both jurisprudence If there be no express grant of power to Congress to enact a statute for a specific purpose, the question of its constitutionality will depend, 1st, on whether there be any express power, the end of which may be accomplished or facilitated by such legislative provisionand 2d, on whether the prescribed measure be interdicted by the constitution. The constitutional declaration that Congress shall possess all power "necessary and proper" for carrying into effect the express powers specifically del egated, is not restrictive of the universal prin ciple, that a grant of express power to do a thing carries with it authority to employ any unprohibited mean for executing the grant in a manner consistent with the object for which the power was delegated. "Necessary," without qualification, does not mean that which is indispensable. As it is not a technical term, it must be construed according to the popular use and import of it. Its ordinary adjective acceptation is synonimous with a mean effect- constitutional. So, for fulfilling the end of the uating or tending to effectuate an end. When express power, "to establish post offices and a certain end is to be accomplished by means, post roads" it might be more expedient and some effectual or appropriate mean to the end economical to have the mails carried at the exis, of course, necessary. For effecting most pense of the General Government, by its offiends of the express powers in the constitution,cial agents, for compensation fixed by law.the efficient means are various and multiform; But this would not show that the more expenno one of which, more than another, can be sive and irregular mode of having it transdeemed indispensable. Which should be pre-ported by contract, as a job, is unconstituferred, as best adapted to the end, is a ques- tional. lions of dollars, may turn out to be comparatively useless for the protective purpose for which it shall have been constructed-and might not be expedient therefore-but, as it relates to the power to regulate commerce, and was made to promote it, the implied power to make it is unquestionable, even though it was neither indispensably necessary, nor even expedient. tion concerning which equally enlightened The same distinction between expediency minds may differ; and, consequently, sound and power applies, with equal clearness and discretion will make the selection. Those who force, to the class of resulting, or implied do not concur in that choice, have no right to powers. The express power to regulate forsay that the act is unconstitutional, merely eign commerce, carries with it the incidental because, in their opinion, or according to their taste, some other mean would have been more erect light-houses, to give facility and securipower to improve our bays and harbors, and appropriate or expedient. The degree of relative adaptation is a matter of policy, not of No such improvement is indispensably neces ty to commercial navigation and intercourse. power. Any mean that relates to the end of any one of the enumerated powers, is as con- may be useful, has relation to an express powsary; but every one that has ever been made stitutional as any other mean to the same end, er, and tends to subserve its great objects. if it be not prohibited. Of all such means no There are various modes which might all tend one can be deemed more necessary thau an- to the same result,--each of them is within the other. The constitutionality or unconstitu- constitutional discretion of Congress, and tionality of any one of them, cannot depend each, therefore, though it may not be the best, upon the uncertain and controverted opinion is constitutional. A breakwater, costing milof its optimism, which involves the question of expediency, not of power. But, among all the various unprohibited means which relate to the end of an express power, the majority have a right to choose that which it deems best adapted to the fulfilment of the purpose of delegating that power. The power to do a thing, does not depend on the policy or expediency of the thing. A particular species of legislation by Congress, might operate very beneficently on the general welfare. Yet, un- If there be no implied power to do anything less there is either an express power to do it in the execution of an express power, without or it has relation to some such power and will doing which the object of the express power tend to effectuate the end of it, the constitu- could not be fulfilled, then there can be no such tion would not sanction it. For example, it thing as implied power; for if any of the varimight be useful to have one uniform national ous means for effecting the same end be not law regulating the obligation of contracts, or constitutional, because the end could be accomthe transfer of title to land by inheritance, con- plished in some other mode, no one of the veyance or devise. But all these matters are adaptable means can be constitutional, belocal: and, as none of them, as means, relate to cause no one of them can be indispensable, the end of any of the enumerated powers giv- while there is another which can serve the en to Congress, every such act would be uncon- same purpose. The expedients for executing stitutional and void. So, on the other hand, the trust of an express power, may be as varithe impolicy of an act does not prove that it is ous as the letters of the alphabet. If the plan unconstitutional. A subtreasury may not be of A be not constitutional, merely because B's the most suitable or politic mode of executing will effect the same object, and therefore A's is the express power of taking care of and trans- not indispensable; then, for the same reason, mitting the national treasure; it may, therefore, neither B's nor that of any other, can be conbe inexpedient or impolitic. Nevertheless, it stitutional. And, consequently, there could may be clearly constitutional, because, as a be no incidental power in any case except the mean having an obvious relation to the end of non-existent and unimaginable one, in which an express power, it may execute the trust, tho' there is but one mean for effecting the end of not perhaps in the best possible manner. This an express grant of power. Adaptation of unis equally true, even as to the express powers. prohibited means to ends of express powers, Congress might happen to declare an unjust is the true and only test for determining whethor impolitic war. The express power to de- er an act not expressly authorized is necessary clare war is limited only by the discretion of for effectuating one of the enumerated powers. Congress. War is one mode of effecting na- The comparative degree of adaptation affects tional security and justice,-other modes may the policy only. And this is not only happen to be more expedient for attaining the self-evident, but has been illustrated by same object,-in such a case war would be in the history of Congressional legislation øver expedient. But still it would be undoubtedly (since the inauguration of the Federal Consti |