the opinion of a future Congress that monopolies, in certain cases, might be useful, and a door would then be open for their establishment.
February 7, 1791.
Mr. GERRY. The gentlemen on different sides of the question do not disagree with respect to the meaning of the terms taxes, duties, imposts, excises, &c., and of borrowing money, but of the word necessary, and the question is, What is the general and popular meaning of the term? Perhaps the answer to the question will be truly this—That, in a general and popular one, the word does not admit of a definite meaning, but that this varies according to the subject and circumstances. With respect to the subject, for instance; if the people, speaking of a garrison besieged by a superior force, and without provisions or a prospect of relief, should say it was under the necessity of surrendering, they would mean a physical necessity; for troops cannot subsist long without provisions. But if, speaking of a debtor, the people should say he was frightened by his creditor, and then reduced to the necessity of paying his debts, they would mean a legal, which is very different from a physical necessity; for although the debtor, by refusing payment, might be confined, he would be allowed sustenance; and the necessity he was under to pay his debts would not extend beyond his confinement. Again, if it should be said that a client is under the necessity of giving to his lawyer more than legal fees, the general and popular meaning of necessity would in this case be very different from that in the other cases. The necessity would neither be physical nor legal, but artificial, or, if I may be allowed the expression, a long-robed necessity. The meaning of the word "necessary" varies, also, according to circumstances: for, although Congress have power to levy and collect taxes, duties, &c.; to borrow money; and to determine the time, quantum, mode, and every regulation necessary and proper for supplying the treasury,—yet the people would apply a different meaning to the word necessary under different circumstances. For instance, without a sufficiency of precious metals for a medium, laws creating an artificial medium would be generally thought necessary for carrying into effect the power to levy and collect taxes; but if there was a sufficiency of such metals, those laws would not generally be thought necessary. Again, if specie was scarce, and the credit of the government low, collateral measures would be by the people thought necessary for obtaining public loans; but not so if the case was reversed. Or, if parts of the states should be invaded and overrun by an enemy, it would be thought necessary to levy on the rest heavy taxes, and collect them in a short period, and to take stock, grain, and other articles, from the citizens, without their consent, for common defence; but in a time of peace and safety such measures would be generally supposed unnecessary. Instances may be multiplied in other respects, but it is conceived that these are sufficient to show that the popular and general meaning of the word "necessary" varies according to the subject and circumstances.
The Constitution, in the present case, is the great law of the people, who are themselves the sovereign legislature; and the preamble is in these words—"We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessing of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America."
