Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1816-02-01


down in Vattel, { y that several sovereign
States, may unite themselves together, Il,
| perpetual confederacy, without each, ii
particular, ceasing to be perfect state
| that they will then form a federal repub-
lie, & as such will remain indep endent, but
will continue liable to fulfil the engage.
meuts, into which it has entered. AS tt
our own particular government, this posi-
ton IS not, 1T this day, necessary TO he
| proved. 1t has grown iuto a maxim. l,
has run through the general government
in all its notifications and changes--from
the articles of confederation, in which it is
declared Cart 2d,) that " each state re-
talns It's sovereignty, freedom. and indie
peudence, and every power. jurisdiction,
and right. which is not. by this confedera-
ton, expressly delegated. to the United
| States, in Congress assembled" to the
| present Constitution of the United States,
which has provided, by the twelfth amend
ment, that "the powers not delegated to
the United States, by the Constitution, nor
prohibited by it to the States, are reserved
to the States respectively, or to the peo-
ple"-And even in the short interval be-
tween the extinction of the articles of con
federation, and the adoption of the amend
ment, last mentioned, the principle em5ra-
ced by that amendment, was esteemed by
all parties, as a part of the Constitution
itself. (k)
If, after the explicit amendment last
mentioned, any doubts could still exist, on
this subject, they Will be disspated by the
most uneXceptionable authorities. In the
report to the Virg MIA Legislature, before
mentioned, fer example. that body has re-
solved a. that il views the powers of
the federal government, as resulting from
the compact to which the States are par
ties as limited by the plain sense and in
tention OF the instrument, constituting that
compact; and as no further valid than
they are authorised by the grants enumer-
ated in that compact" Again it is resell
we'd, (m) that if the powers granted be
valid, it is because they are granted, and
ii the granted powers are valid, because
granted. all other powers not granted,
must not be valid" 1t is also further re-
solved, On J that " whenever question a
rises, concerning the constitutiCnal,ty of a
particular power. the srSt question is,
whether the power be expressed III the
Constitution IT it be, the question is de-
cided--lf it be not expressed, the next en-
curry must be, whether it is properly an
Incident to an e-r1treSs power, and neccsSa-
ny 10 IFS execution"
So it was unanimously resolved, by the
SuPre me Court ofthe State of Pennsylva-
MA, in the case OF Commonwealth VS. Cob
bet, (o) Ca case to be presently more par
uculariy noticed,) that before the Consti-
tuition of the u. States was ado, ted, the
several states had absolute and unlimited
sovereignty, within their respective boun-
daries, and all powers, |, gisl.tive, execu-
tive and judicial, except as they had been
granted away, by the articles of confeder-
"a and hot ~ eli 81,
powers, except such as have been gran
ted to the Government Of the United
States.
1t results from this diversity, in the two
governments, that. whereas, in a contro-
versy respecting the constitutionaiity of
state law, it must be shewn to be uncon-
stitutional, law of the General Govern
ment must be proved to be constitutional
which can only be by showing, that the
power to pass it has been granted.
AS to the criterion of powers being
granted, or not granted, no resort ought to
be had, to the general and extensive words
used in the preamble TO the Constitu ion
1t was resolved by the Virginia Legislature
IN acting upon the report before mention
ed, (h) that 1T is cyntrary to every &C
knowiedged rule of Construction, to set up
the preamble, in opposition to the plain
meaning expressed IN the body of the in
ent-that a preamble usually con-
talns the general motives or reasons, for
the particular regulations or measures,
which follow it, and is, always understood
to be explained or limited by them and
that, in the present instance, contrary
lntcrposition would have the inadmissible
eiisct OF rendr ring nugstory, or improper,
every past of the Constitution which sue
ceeds the pre- ambe." 1t was further re-
solved, that the general words in the pre-
amb c in question, won d the rather be ex
Guided from having that extensive influ-
ence, because they were copied into the
pres mt Constitution, from the eighth of The
articles Of confederation, (q.) and in that
government, owing to the admitted mar
rowness OF it's powers, no pretence exist
ed, for saying that they had this extensive
effect Again it was resolved, that this
extensive construction would leave the ju-
dietary entirely i'll the dark, as to the limit
which bounded the legislative power, and
consequently, without any ad squate means
OF checking undue extensions thereof, as it
must be obvious, that all measures, tending
to promote the general welfare, &c.
must be questions Of mere policy, aud
expectancy, on which, legislative discre-
ton alone, can decide, and from which,
the Judicial interpcstiOn aud control, are
completely exclUded"(r)
These principles AMI au horities equally
shew, that power ought t 10 be consi-
dered as granted, because, in the opinions
OF the Judges expounding the Constitution,
it ought to have been granted. This point.
Al.