1808
THE ENFORCEMENT OF EMBARGO.
269
In the Federalist spirit the Judge invoked the "necessary and proper" clause, which had been the cloak for every assumption of doubtful powers; and then passed to the doctrine of "inherent sovereignty," the radical line of division between the party of President Washington and that of President Jefferson:—
- "Further, the power to regulate commerce is not to be confined to the adoption of measures exclusively beneficial to commerce itself, or tending to its advancement; but in our national system, as in all modern sovereignties, it is also to be considered as an instrument for other purposes of general policy and interest. The mode of its management is a consideration of great delicacy and importance; but the national right or power to adapt regulations of commerce to other purposes than the mere advancement of commerce appears to me unquestionable."
After drawing these conclusions from the power to regulate commerce, the Judge went a step further, and summoned to his aid the spirits which haunted the dreams of every true Republican,—the power of war, and necessity of State:—
- "Congress has power to declare war. It of course has power to prepare for war; and the time, the manner, and the measure, in the application of constitutional means, seem to be left to its wisdom and discretion. Foreign intercourse becomes in such times a subject of peculiar interest, and its regulation forms an obvious and essential branch of federal administration. . . . It seems to have been admitted in the argument
