Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-12-25

admit with the supreme court, that in dis
cussing and settling these great questions
OF conflicting powers, between the Gene
raj and State Governments the doctrine
ot precedent, Is 10 be considered as emil
titledto great weight.-it is admitted 10
be true, as asserted in the opinion. thai
the principle contested in that case. vas
introduced al a very early period of OR
history, and has been recognized by snc-
cesslve legislatures; aud acted upon by
the Judicial department; but this Assem-
bly, deny that these precedeHtS ought To
avail against the constitutional charter.
-They care mol what advantages ofiime,
norii years have passed over, 10 give them
Sonciity and cutherity; they are deemed
wholly iuapplicable TO writieu compact.
marking out the path oidgiy, and limiting
The range OF IT'S powers.-Ii IL were other
"iSe, aud great constitutional rights.
were 10 be sustained. or PET do,c,, by the
sanctions of previous legislatures, Judges
ana Presidents what acts oi daring ustir.
patton, or high handed oppression might
not be praciised !-lf one act OF uSip.pa
ton,. Is To be matte the justification of
! another, III relation to these important
questions; il would only be necessary
Tor The national legislature, 10 level HE
barriers, which the constitution has set
up for the protection of state rights, and
forihe Judiciary u executive TO lcgaliZe II i,
and The work would be done: Nor should
II be forgotten, that the advantages of
eglsialive--Judiciai--a and executive sane
ftoHS, claimed III The opinion of the SUI
preme court, In support OF lis decision,
might win the same prOpriciy and force,
nave been urged against the repeal of the
alien and sedIiion laws.-Those acts we're
created by Congress, approved by The
President, and enforced by the Judges ::
and yet no one opposed their repeal upon
The ground OF ii previous tcgiStative-er
ecutiUe-Or iucticiaL sanction This AS
sembN, therefore, can but lament, thai in
the carly part of our republican govern
meni, constructions so dangerous as those
relied on IN the opinion oi The supreme
court. should have been given; aud they
indulge the hope, that the national coun
ellis, insieai of acting under the influence
OF such dangerous pr'cedems, (howe, er
urged or supported by the misguided
zeal OF those who may administer the
government Will determine TO re-trace
Their Steps, aad rally around the consti-
tuition OF their country =
The construction now given by The
q neral Assembly, TO the constitution of
ihe instrument Of ratification adopted
by The Convention of Virginia, the fol-
loving sirCng expression OF opinion will
be found, as to the powers of the Cousii-
tuition p" That every power not granted,
remains with the people, and at their
WIZ thGt therefore no right Of any dcnomi-
nation cdI, be cancelled, abridged, restrained.
or modified, by The Congress, by the Sc.
nale, or House of Representatives acting
III any capacity by The President or any
department, or officer ofihe u S. except in
th0se instances III Which, power is given hy
the constitution for those purposes" This
was the opinion OF Virginia, whe II called
upon ioratlfy or reject the constitution
Not only therefore, is the construction now
given. sanctioned by opinions, coiempo
faneOuS with the original discussion OF
Inc constitution IN Virginia, but il has
since been regarded as sacred, by the
most enlightened Statesmen, audPatriots.
| III our country F.; ana as afiording the
only security, against consolidation, and
The only saieguad 10 the rights OF Tie
staies.-1hus we hnd this construction
coniended Tor, both before aud alterihe
dopllon oil The general government, by men
"ho l:ld been most concerned in III, for
nailon OF the constitution, and persisted
Ia since, III. believed, bv arge majoritv
OF The people OF this stait-ln the memo
rahIr contest Of parties which took pIace
III SO and 80, Virginia was among fine
Hrst 10 step forward III Vmdicaiion of
these prln lpleS, against the alarming
encroachnents OF The encraigoyernmpnt:
ana III The great aUd commanding stand
which she then look III defence OF ,he
constitution, amt Of her liberty nd rights.
she gave TO The world Tie arrl,uienIs nv
which she tIIumphed, ana e., cted the
himesl buI" ark around the rights of the.
states. Upon the exposition then given
10 HE constitution and The sound ren,hIi
can doctrines contained IN lie celebrated
resolutions and report OF IS and 90 a great
revolution OF principle took place. and
lie republicans came into uower-aud
there can be no doubt, tina, those who
we're al that period elevated 10 Office bv
The people, we're selected from a firm,
reliance, that they aud their successors
would administer The government. and
adhere III their legislative acts, 10 The
principles then declared 10 be essential
TO Tie maintenance OF The state soye-
reIgnlies, and tie rights of ihe p.apIe.-
IL ne supreme court hal confined their
opinion, sInSiy 60 The enquiry, whether
Tie Bank OF the Uulicd States, was ne
ceSSary ard proper, 10 carry INTO efIpct.
certain specified powers of the federal
government, the General Assembly. tho
II has uniformly manifested It's opinions.
mat The bank was nncomsiilulionai.wo
III cousidc ration of the circumstances al,
tending HE establishment of that insii
tuIicn; Tie financial arrangement, and
vide spread individual ruin which a re-
peal VI lis ciiaiier might produce, have
been disposed, though differing in SEMI
ment from HE supreme court, 10 have
remained silent, until Tie charter should
have expired, with IFS own Limitation
but "li, u ihe question as 10 The bank is
made, The occasion 10 lay down and assert