Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1817-12-27


many parts and clauses of the articles of
confederation, were transplaDted Into the
constitution of the United States, and
some of them in tie very words, it is fair
To consider them, cete,Is pqri6us, as having
the same meaning in both Instruments. -
The only difference consists in the greater
extension oil tie powers of the general
government under the present system.--
There is no difference in the character of
their powers. There is none at least in
this, that III both systems tie powers TO
be exercised, must be granted.
Under the articles OF confederation.
while the powers of the general govern
ment were few, those of tie states were
proporiionab!y unimpaired. This arose
not only from, the limited grant of powers
10 Congress, but from the empilallcal de
claration, III ,heSecond article, that "each
" state retains IFS sovereignty, freedom,
: aud independence, and every power.
jurisdiction and right, which, is not, b,
tie confederation expressly delegated to
The United States, IN Congress assem-
bled. the omission of this article in
The new government, gave great diSsatis-
faction TO at least, the republicans. TEey
feared, that the buiwark between the two
governments was not suffice ntlv strong
They desired restoration of the second
article of the confederation; and the be-
netlt of that article, il was the object of
tue twelfth article of the amendments 10
the constitution i0 give them. That ;irti-
Gle provides that "the powers not deega-
:" ted 10 the United States, by the consti-
" tuition, nor prohibited by tito the states,
" are reserved TO the states, respectively
" or To the people" This amendment is
fully as extensive as the aforesaid scInn0
article OF the confederation, and was in
tended 10 be SO. There is no difference
between them, but IN the form of expires
sion. There was, thereafter, no longer
ANY difference between The two systems,
III this respect al least, that tic powers of
both must be gra.ued. This feature is
entirely common to both systems; while
IL is readily admitted, that the grants OF
power 10 the new, or present government,
ware greatly and Justly extended.
Yet, this grant OF power must be real.
IL must not he fictitious or iliusory. The
power must not be stretched or extended,
al the mere will and pleasure of Congress.
II must be either an express grant of the
very power, or all Incident to such power,
aud 'cesSarv 10 lis execution. (b) fit
does not naturally follow, and answer this
description, Congress have no right to
exercise ii.
II seems admitted on all hands, and
has, iR terms, been conceded BY the com
mlttee, that no aid is To be had in deriving
a pOwerfrom the general words used ia the
preamble of the constitution. Ii you go
tile full extent OF those terms, every thing
depends on the will and pleasure of Con-
gfess. They may even say, that in their
The abolition OF the state governments
That preamble only declares the general
motives or reasons for the particular regu-
Iations and grants of power which follow
That broad expression general welfare,
equally existed III the Sth of the articles
of confederation, and certainly did no
confer on that government the extensive
powers nowin question. Under that CON
struction of the preamble, particular
grant Of powers would have been wholly
unnecessary. 1t would even have hac
the inadmissible effect OF rendering nu-
gatory and improper every part of the
constitution which succeeds the pream
BILE. (c) lit would, besides, sap and de
stroy the power given TO the judiciary, o
checking undue extensions of the iegisla
live power. Ii would leave them no lane
mark TO go by: Congress would shelte
themselves, III all cases, by their sense o
what tended to promote the general wei
fare.
This construction of the constitution
ought 10 satisfy even the greatest stick
lers for national authority. They ought
10 be satisfied when that instrument CON.
tains an actual grant of very ample pow.
ers, with plain and easy mode of adding
others, by an amendment of the consttu
ton. They ought not TO sickle for Z
construction which lays PROSTATE all oul
dearest rights at the feet of Congress-
They ought rather to agree with the ven
cradle Clinton, (oO that IN cases of doubt
ful (though necessary powers, it is bette
to resort to the constitutional mode of a
meDding The system, than for Congress,
themselves 10 assume the powers.
In the report before us, the committee
seem TO have forgotten, that the conven.
ton has itself admitted the imperfection o
the constitution, and that if would often
require material and necessary amend
ment. This admission is inferred from
the plain and easy mode provided there
iii, for obtaining such amendments
The committee have gone upon the
erroneous idea, that the instrument
was perfect, and that all necessary pow
ers are already granted. They have i'm.
proved upon the tabled bed of Procr1tStes
and have stretched the constitution tC
suit the measure of every particular ext
gency.
The committee have also forgotten the
existence and powers of the state govern
mems. They do not remember that oul
system is only league between the state
governments on the one hand and the u
orsovpreig1ty thst tho aeentS of.no,Le,
government may enter their territory and
cut canals or roads at their pleasure. In
the full career OF power and splendor
they DO no not see that these acts affect