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

| trainers OF that glorious instrument, in
tended To confer a power, so infinitely
more transcendanf, than that vested i'm
any other department, OF the government,
n would not have. been given by an ex-
press and unequlvocal delegation, rather
Than lett To rest, on doubtful, or arbi-
trary implication.-IIe change in the con
siiiuiien, which look away by AN amend
| meni, the power TO sue a state, in the
courts OF The U. States, serves To mark
m striking manner, the well founded
jealousy OF the States, as TO any infringe
me5i OF their sovereign character, through
| the medium oi the Federal Judiciary
and q show that they never meant, TO
allow the courts of the Unite States, 10
decide conclusively on their rights, under
| the compaci:-Bu should the judicial
power OF the u. States, be- admitted 10
coniroul the parties TO the compact, in
cases of conflicting claims to power,
then II may do Incidentally, amt coiLatcyaiiy,
What n has been forbidden to do direcfia;
and may arraign before II, and subject
to IFS contronl, those very s0rereisnties.
which the amendment TO the construction.
! intended 10 place, beyond lis reach. And
therefore, the General Assembly, denies
To- the supreme court of the u. States,
| The right To impair, or consirue away the
| sovereign authorities reserved Ia the states
| or The people; and as that court i'm the
decision alluded 10, has attributed To H.
self The sole power Of deciding on the higk
| questions, supposed TO arise beiWe cen the
| government of the Union and lis mem
bcrs, and as the opinion so given, NAV,
| as was supposed, essentially influence
| the great operations of the government.
n is deemed highly important 10 commu.
nicate 10 YOU the sentiments OF this As.
sembly upon The subject
Aud the General Assembly are more
particularly induced 10 do so, because i'm
their best and most deliberate Judgment.
the construction adopted nv the supreme
court is not only calculated to break
down and destroy those barriers, W hicl,
| The lllusirlous Trainers of the constitution
were so sohcilous la erect, for the security
OF the people, aud the preservation of the
Stale sovereisnlies, but 10 change the
| "hoir claraC ter OF the government itself
| and To convert II from limited and de-
hhtd constitution, operating among SOW
erelgn states, united by general com.
| pact, INTO one great consolidated govern.
ment, OF ~mdcfned ana unlimited powers.
| III Is true that the supreme court admit i'm
terms, that the government OF the United
states Is a limited gOvernmen,.-Fhev
aunt maj II possesses only the powers
4
and proper. 10 carry those specified DOW.
ers iuto eject but in the construction
| gwen tn these words necessary aud pro-
! per" the supreme court have decided
Thai the word necessary means ueedfui,"
| requisite, essential" conducive
10. -lhns the words necessary and
| proper, WHICH The trainers of The consti
tuilon intended as a safe guard TO The
rights OF tlI' states, and the people, as re-
| slrlcting Congress, 10 means which are
,ndispenSabiy necessary, aud thereby max.
ing The constitution, limited and de
| fned government; are 10 be relaxed inio
mere considerations of e4pedirncy lis
II a mdit-r of any consequence, whGt
! me general government, possesses un.
| limited powers, expressly delegated, or
| an uncontrolled authority TO exercise anv
auxiliary powers, they NAV deem expo
| dieni, or conducive TO particular end
lille doctrine becomes the more alarm
| ing from another part OF the opinion OF
| Inc supreme Court, III which u declares:
We admit, as all must admit, that the
powers OF The government are limited,
and MS limits are not TO be transcribed.
= But We think that the sound conslruc-
lion o. the constitution, must allow TO
The national legislature, thai discretion,
WIN respect 10 the means, by which
| lie power II coners, arr To- be carried
into execution, which will enable that
body topcriorm the high duties, assign
" Ell TO n, ~ the manner most beneficial
to the peopie.-Let the end be lcgiiI
male, LET IL be within the scope of the
constitution; and all the means which
are appropriate, which are plainly
adapted To the eHd, which are not pro-
hlblted, but consist with lhe letter and
spirit 1T the constitution, are constitute,
DUAL. Again, The opinion siates-"Bai
where The law is not prohibited, and is
! really calculated 10 effect any of The oh
| JeclS entrusted to Ih" government, to
undertake here, 10 enquire into The de-
| gree oi as necfSS'fy, would be tn pass
| Tie line which cirCumSCribes iLe Indi-
ciai department and TO tread on leois
iaiire grouDh.-Ibe court diScIaims
al! prrtensiOnS Ia such poWer"-
DO moi these OpiDions, give TO Congress
most alarming latitude of authority. t.
which, no practical limits eau he assigned?
And do They not lay a foundation for
administering The government, upon prin
ciplcs nnacknO"ledsed by HE consiitu
ton and unknOnn To the states, and lie
people az The time OF lis adoption I'm
stead OF conforming To the CONSTITUTE N.
may not Congress conform The eOuslilu
IiOn TO ihelr own designs Il doesno their
power become unlimited and uncon
lronlrd, II they are HE only Judges OF rs
extent, and ilIe only rcsfraincrs of lis ex
cess LIN lis exercise under Tie plea, HAT
law may br conducive, 10 same one of
| the specified pow RS OF Tire governmrnt.
II may exercise What authority IL plpases'
which has lie mosi remote Tendency. 10
promote The alleged obisct.-Itma even
create necessity, with the view TO the
exercise OF particular powcr.-Tius il
was conlended III the argument OF the