Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-03-23

people were al perfect liberty 10 accep, or
reject it +; and their az, was final. II Ne
CURED not the affirmance, and could not
be nega,ived by The state governmenis.-
The Constitution, when thus adopted.
was OF complete obligation, and bound
the state sovereignties.
Ii has been said, thar The people had
already surrendered all their powers to
The slate ssvereigni,cs, aud had nothing
more 10 give. But surely The question
whether they may resume and modify The
! pewers granted 10 government does not
remain Ia be settled in this country
Much, more might The legitimacy OF the
general government be doubted, had il
been created by tine states. The powers
/ delegated 10 the stale soyerei.niies were
20 be exercised by themselves, not by
distinct and independent sovereignty,
created by themselves. To The formation
pf a league such a. was the confederation.
the state sovereigniies were certainly com
peieni. But when iDorderto form ainore
perfect union" il was deemed necessary
10 change this alliance INTO an effective
government, possessing great and sove-
reign power and acting directly on the
people, tile necessity OF referring il TO the
peopl, and of deriving It's powers direct
y from them, Was !eit and acknowledged
by all.
| The government of the Union, then.
whatever may be the influence of rilis
lac, on the case, is, cmphaiicaly and
truly, governments OF the people. In
TORN and IL substance II emanates from
| Them. It's powers are granted By them,
ana are 10 De exercised directly on them
| and Tor their benefit
Tins government is acknowledged by
all To be one of enumerated powers. The
principle thar II can exercise only the
powers granted 10 il, would seem too APP
parent TO Rave required 10 be enforced
ny all those arguments which lis enight-
enPs TRENDS, While ii vas depending be-
tore the people, found il necessary 20
urge. Iiiat principle is now universally
aopiitted. But the question respecting
iiHs extent at The powers actually granted,
Is psrpeinaily arising, and will probably
continue 10 rise rs long as our system
shall exist.
la discussing these quesiions;ille con-
hr'laS powers nj lie general and state
governments must be brought into view.
and The Supremacy of their respective
ia"s, when they are IL opposition, must
be settled
~ any one proposition could command
tne universal assent humankind, we might
expect IT would be this--ihai the govern
nlent OF The Union, though limited IN lis
powers, IS supreme within its sphere of
faction. This would seem to result ne
cessariiy from lis nature II is The
government of all; IFS powers are de-
ieSated by all; il represents all and
acis ior all. Iioug., any one state NAV
be Wiling 10 control It's operations. no
state is Wiling 10 allow others 10 control
theni. lie nation, Oh those subjects on
mhiGh II can act, must necessarily bind
IFS component parts. But This question
'ShpiieiI 10 mere reason: t.lepeople nave,
IN express terms, decided il. bv saving.
itliS constitution, and The laws OF he
Om'cd States, which shall be made in
pursuance thereof" " shall be The SUI
prenc law ct the land, and by recurring
mat the members ofthe state legislatures.
dnd the-otiIcers of the executive and in-
diciai departments OF the state. shall take
the oath of fidelity 10 If.
lie governments Of the United States.
then, though limited IN lis powers. is su.
pren,e and IFS laws, wien made in mr.
! suance OF The constitution, form the su.
preme law OF the land, 4" auy thing in The
constitution or laws of any state to the
contrary notwithstanding"
Among the enumerated powers. we do not
iihd 'hai oi establishing bank or creating
w. p"dIoH. but there Is no phrase i'm
me instrument which, like the articles az
confederation, excludes incidental or i'm
ph'" powers; ana requires that every
'h'hS grained shall be expressly and mi
uuirl> described. Even lie 10Th amend
meni, which was framed for the nurnoso
oi quieitng lbeexcessive iealousies vI,icI,
had been excited, omits The word "ex
pressly, ami declares only tia, the noY-
ers net delegated to Tie United States
nor prohibited TO the states. are reserved
TO Tie states orto Tie people Tins Ieav-
ing Tie question, whether the particular
power winch may become the snbiect of
contest has been delegated 10 The one
government, or prohibited TO the other. 10
depehd on fair construction ofthe whole
Instrument. The men who drew and a
u"pied TINS amendment bad experienced
Tie nlbarrassmcntslrfsml {, ON the IN
seriion Oi This word in the articles ofron-
federation, and probably omitted IL IN -
Void those embarrassments. a eousf;,n.
non, ip contain an accurate detail of an
me subdivisions of which IFS treat now
eTs viii admit, aud of all The means b,,
which HEY may be carried into exec,dion
would partake Of The prolixiiv of leOai !
code, and could scarcelybe embraced Nv |
me human mind. 1t would probably me- |
yer he understood by the public Ms ma
'urr, therefore, requires Thai ONLY lis great |
outlines should he marked, its Important |
OBJECTS designated, and Tie minor ingre- |
dIenis which compose those objects he |
itoucen rom The nature Of fhe objects |
themselves lbai tbIS idea was entertain |
eH ~. 'he trainers of The American cor |
Si'uli"p Is not only 10 be inferred from |
'be nature OF The instrument, bui from
N 4, II.