powers, that Congress is restricted, in passing laws, necessary to carry into execution the powers expressly delegated. But the law must, also, be proper as well as necessary, in order to bring it within its competency. To understand the true import of the term in this connection, it is necessary to bear in mind, that even the implied powers themselves are subject to important conditions, when used as means to carry powers or rights into execution. Among these the most prominent and important is, that they must be so carried into execution as not to injure others; and, as connected with, and subordinate to this, that, where the implied powers, or means used, come in conflict with the implied powers, or means used by another, in the execution of the powers or rights vested in it, the less important should yield to the more important,-the convenient,. to the useful; and both to health and safety;-because it is they should do so. Both rules are universal, and rest on the fundamental principles of morals. proper Such is the true import of the term "proper,' superadded to "necessary," when applied to this important question. And hence, when a law of Congress, carrying into execution one of the delegated powers, comes into conflict with a law of one of the States, carrying its reserved powers into execution, it does not necessarily follow that the latter must yield to the former, because the laws made in pursuance of the constitution, are declared to be the supreme law of the land: for the restriction imposed by the term "proper," takes it out of the power of Congress, even where the implied power is necessary, and brings it under the operation of those fundamental rules of universal acceptation, to determine which shall yield. Without this restriction, most of the reserved powers of the States,— and, among them, those relating to their internal police, including the health, tranquillity, and safety of their people-might be made abortive, by the laws passed by Congress, to carry into effect the delegated powers; especially in regard to those regulating commerce, and establishing post-offices and post-roads. -as The alterations finally made in this clause of the constitution, compared with it as originally reported by the committee on detail, deserve notice, shedding considerable light on its phraseology and objects. As reported by that committee, it was in the following words:-"The acts of the legislature of the United States, made in pursuance of this constitution, and all treaties made under the authority of the United States, shall be the supreme law of the several States, and of their citizens and inhabitants; and the Judges of the several States shall be bound thereby, in their decisions; any thing in the constitutions or laws of the several States to the contrary notwithstanding." After a long discussion of the plan of the constitution, as reported by this committee; and after many alterations were made, the whole, as amended, was referred to the committee of revision, or "style," as it was also called. This particular clause had received no amendment; and, of course, was referred as reported by the commit tee on detail. The committee of revision, or style, reported it back as it now stands. On comparing the two, it will be found, that the word "constitution," which was omitted in the plan of the committee on detail, is added, as a part of the supreme law of the land; that the expression, "the acts of the legislature of the United States," is changed into "laws of Congress," and "land" substituted in lieu of, "several States and of their citizens and inhabitants." These modifications of phraseology were, doubtless, introduced to make the clause conform to what was believed to be the views of the convention, as disclosed in the discussion on the plan reported by the committee on detail, and to improve the manner of expression; for such were plainly the objects of referring the plan, as amended, to the committee of revision and style. "Constitution" was doubtless added, because, although a compact as between the States, it is a law,—and the highest law,in reference to the citizens and inhabitants of the several States, regarded individually. The substitution of "Congress," for "the legislature of the United States," requires no explanation. It is a mere change of phraseology. For the substitution of "land," in place of the "several States and their citizens and inhabitants," no reason is assigned, so far as I can discover; but one will readily suggest itself on a little reflection. As the expression stood in the plan reported by the committee on detail, the supremacy of the acts of the legislature of the United States, and of treaties made under their authority, was limited to the "several States, and their citizens and inhabitants;" and, of course, would not have extended over the territorial possessions of the United States; or, as far as their authority might otherwise extend. It became necessary, therefore, to give them a wider scope; especially after the word, "constitution," was introduced in connection with, "laws of the United States;" as their authority never can extend beyond the limits, to which it is carried by the constitution. As far as this extends, their authority extends; but no further. To give to the constitution and the laws and treaties made in pursuance thereof, a supremacy coextensive with these limits, it became necessary to adopt a more comprehensive expression than that reported by the committee on detail; and, hence, in all probability, the adoption of that substituted by the committee of revision and style;-"the supreme law of the land," being deemed the more appropriate. Such are the limitations imposed on the authority of the constitution, and laws of the United States, and treaties made under their authority, regarded as the supreme law of the land. To carry their supremacy beyond this,-and to extend it over the reserved powers, in any form or shape, or through any channel,—be it the government itself or any of its departments, would finally destroy the system by consolidating all its powers in the hands of the one or the other. The limitation of their supremacy, in degree, is not less strongly marked, than it is in extent. While they are supreme, within their sphere, over the constitutions and laws of the several States, consisting of so many States, having so great a variety of interests, must necessarily be a slow process, and require much time, before they can be firmly united, and settle down into two organized and compact parties. But the motives to obtain this control are sufficiently powerful to overcome all these impediments; and the formation of such parties is just as certain to result from the action of political affinities and antipathies, as the formation of bodies, where different elements in the material world, having mutual attraction and repulsion, are brought in contact. Nor is the organization of the government of the United States, which requires the concurrence of the two majorities to control it,— though intended for the purpose,-sufficient, of itself, to prevent it. The same constitution of man, which would, in time, lead to the organization of a party, consisting of a simple majority,-if such had the power of control,-will, just as certainly, in time, form one, consisting of the two combined. The only difference is, that the one would be formed more easily, and in a shorter time than the other. The motives are sufficiently strong to overcome the impediments in either case. In forming these combinations, which, in fact, constitute the two parties, circumstances must, of course, exert a powerful influence. Similarity of origin, language, institutions, political principles, customs, pursuits, interests, color, and contiguity of situations, all contribute to facilitate them: while their opposites necessarily tend to repel them, and, thus, to form an antagonistic combination and |