undamental declaration in the Constitution
a principle which in all other governments had been left to implication
only. The terms "necessary" and "proper" secure to the powers of all
the grants to which the authority given in this is applicable a fair
and sound construction, which is equally binding as a rule on both
Governments and on all their departments.

In examining the right of the General Government to adopt and execute
under this grant a system of internal improvement the sole question
to be decided is whether the power has been granted under any of the
other grants. If it has, this power is applicable to it to the extent
stated. If it has not, it does not exist at all, for it has not been
hereby granted. I have already examined all the other grants (one only
excepted, which will next claim attention) and shown, as I presume, on
the most liberal construction of their powers that the right has not
been granted by any of them; hence it follows that in regard to them
it has not been granted by this.

I come now to the last source from which this power is said to be
derived, viz, the power to dispose of and make all needful rules and
regulations respecting the territory or other property of the United
States, which is contained in the second clause of the third section
of the fourth article of the Constitution.

To form a just opinion of the nature and extent of this power it will
be necessary to bring into view the provisions contained in the first
clause of the section of the article referred to, which makes an
essential part of the policy in question. By this it is declared that
new States shall be admitted into the Union, but that no new States
shall be formed or erected within the jurisdiction of any other State,
nor any States be formed by the junction of two or more States or parts
of States, without the consent of the legislatures of the States
concerned as well as of the United States.

If we recur to the condition of our country at the commencement of
the Revolution, we shall see the origin and cause of these provisions.
By the charters of the several colonies limits by latitude and other
descriptions were assigned to each. In commencing the Revolution the
colonies, as has already been observed, claimed by those limits,
although their population extended in many instances to a small portion
of the territory lying within them. It was contended by some of the
States after the declaration of independenc