Publisher's Synopsis
Excerpt from Territorial Governments: Speech of Hon. Lewis Cass, of Michigan, in Senate of the United States, January 21 and 22, 1850, on the Government of the Territories, and on the Constitutionality and Expediency of the Wilmot Proviso
It is a commentary worthy of the Constitution, and has settled authoritatively the practical appli cation of some of its gravest principles. In noth ing is this exposition rableror cleoarerpthan in the news it, presents upon the-very topics we are now considering, It declares that if the powers granted be valid, it is because they are granted; and if the granted powers' are valid, all other powers, not granted, must not be valid; and that whenever a question' arises concerning the con stitutibnality' of a particular power, the first ques tion is, whether the power be expressed in the Constitution? If it be, the question is decided. If it be not expressed, the next inquiry must be, whether it is properly an incident to an express power, and necessary to its exercise.
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