Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-04-23
RICHMOND. APRIL %.
NO. g.,

TO THE EDITOR OF THE ENQUIRER.
Sir: Topruve that the states are par
ties to the constitution Of the Y. States,
thee exposition given cotemporaneous with
lis adoption has been relied on, aud ar
gumenfs have been drawn from the con-
stltuti0u itself.
This proposition ono admitted or prov
ed, it would necessarily follow, that in
case OF palpable aud plain usurpation of
power by the general government, the
states possess theright as i, would become
their duty, in their sovereign characters TO
lnterpose. They have no common supe-
rior, and are amenable 10 no other tribu-
nal than the people who elect them The
state OF Rhode Island, in Der sovereign at
tributes, is equal TO New York. and so is
Delaware as 10 Pennsylvania. The power
OF control or amendment should not be
exercised but on important occasions,
where great and vital principles are al
stake, AID whcre.tiie usurpation is palpa-
ble-or being doubtful, the exercise of
the power Is dangerous. Let US now ex-
anime whether such a casebas arisen, and
point out The proper corrective.
The opinion oft the supreme Courts be-
ileved 10 be such case
Thai court, aiier~disposing of the pro-
position, thai the states are not parties TO
the Constitution which gives to Congress
The power OF enacting &c all laws which
shall be necessary and proper for carry
ing into execution the foregoing powers,
and all other powers vested by this cOn-
stituiion in the government of the United
States or any department or officer there
Of" Upon this clause OF the constitution
the court mainly rest that part offs opiu
ION declaring the charter granted the
Bank of the United States constitutional,
and III their Interpretation of this clause,
they make il mean any thing or nothing !;
the government of the United States MAY
III IFS wisdom become the most energetic,
nay even despoiic, by jndicious selec-
ton lis means. The frs! political idea
ever formed, as applicable 10 the gov
eminent OF the United States. is this.
That state government had right to
aet OH any subject not forbid len by the
state constitution, or denied TO it by the
constitution Of the United States but
that the general government had power
TO donothing except what was expressly
granted by the constitution; that the one
was a government Of limitation, The other
of grant-in the latter case the grant lin
its the authority, in tie former the IImlta-
ton deslgnaies the subjects on which le-
glslation should not operate. This rule
Is completely reversed by the decision of
lie supreme court-for, say they, although
the general government has not expressly
The authority TO act III a given case, yet
from Tie foregoing sweeping clause, tie
authority isto be inferred, il is implied
This is dangerous and bold idea, the
merit of having originated which will
not attribute TO the court, least some
should infer, part oil the court had dclib-
erately abandoned those opinions upon
this subject, heretofore entertained and
solemniy expressed by them, and which !
am disposed TO think have contributed
not little TO elevate them 10 iheirpreseul
distinguished stations.
Let us lewever again resort 10 the un.
dersianding oftbe trainers Of ille consii.
tuition oiits context at The time Of iis a.
depiIoD, aud examine WHEELER Tins OPT
mon when compared with that under
standing IS correct.
Mr.. Monroein the Virgiuia Convention
10 1888, uniting with Mr.. Henry, urged
This very sweeping clause III The following
language; after having shcwn the dan
gers OF consolidation, he says" II sill
also be strongly supported by the last
clause III The 9Th section Of The Ist arii-
Gle which vests congress with ibe power
OF making all laws necessary TO carrs
lis powcGs into effect. The corTespoaacqI
1sd'cim p0iceJS wiH be an additional aid.
Mr.. Edmund Randolph sdlS--" Til!
formidable clause does moi IN tie least ia
crease the powers of congress IL IS on
~ inserted for greater caution, aud 4,
prevent Tie possibility of encrOacInn.
0pAu the powers OF Congress. No so
s:sigy viii be permitted 10 cxplaia ava;