Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-06-18

have also CONSTITUTIONS, anu tuelr people
rights, which ought also TO be respected.
II is in behalf OF these constitutions, and
these rights, that the enlarged and bound
less power of the general government is
objected to-. The construction which
gives il, is in entire der0gaiion OF them.
Ii is said by the supreme Court, that a
constitution cannot select among the va
rious means which may be found necessa
~, in the execution OF the granted pow
ers. This is distinctly Admitted: but the
constitution ought 10 establish. as ours
has established. Il criterion i'm relation 10
them :aDd that criterion should be The
iaw to the severaldepartments, in making
their selection. That criterion is at
torded in the present instance, by the
means being necessary and proper"
10 the execution ofihe power, or no, so.
as the case may be.....A choice may
he safely left TO congress, mithin that linz
it but if their choice of means is To go
beyond il, and TO range al large, withoul
sim, or limits, il is III vain TO talk of IFS
beiDg limited government. That gov
eminent is one oil unlimited powers, which
is al liberty TO use means which are unG-
mited.
The supreme court has said tina, con.
gress must according to The dictates Of
Is reoSonbe permitted to select the means"
What then becomes of the terms enc
ccssary aud proper?" They tuithersay that
those who object TO their usingany appro
PIRATE means must shew that il is ercepted.
On The contrary we are told by the report,
ard by all the authorities, that it is in
&c cumbent on the general government TO
"prore that the constitution grants the
particular power"
The supreme court seems 10 consider IL
as quite unimporiant, so long as the great
principles involving human liberty are
not invaded, by which sci of the repre-
sentatives of the people, the powers of
government are TO be exercised. beg
leave 20 say, on the other hand, that the
adjustment of those powers made by tie
constitution, between the general and
stale governments, Is beyond their power,
and ought not TO be sci aside. That adj
jusiment has been made by The people
themselves, and they only are competent
10 change il. II oughtto be respected by
the functionaries of both governments
The rights of the states ought not 10 be
usurped and taken from them for the
powers delegated 10 the general govern
ment are few and defined, and relate
chiefly 10 external objects(d), while the
states retain residuary and inyiolabie
sovereignty over all other subiects(e); o -
yer all those great subjects which imme-
diaiely concern the prosperity of the peo-
plc(f). Are these last powers OF so trivial
a character that il is entirely unimportant
which of tho governments acts upon
them? Are tie representatives OF Con-
nectcui In congress, best qualified 10
make laws, on the subjecl of our negro
population or ought the South Carolina
nabobs to regulate their steady habits p
Is il the wish of any state, or at least of
any Of The larger states, that the whole
circle of legislative powers should be
confided TO body in which, in one branch
.atleast, the small state of Delaware has
as much weight as the great state of New
York having fourteen times lis popua-
ton The supreme court thinks such
change as this entirely unimportant. On
this, az OH other occasions, would "ren-
'' der unto Caesar the things which are
Caesars" would cOnstrue the consti-
tuition as il really is.
The supreme court is Of opinion, that a
government having such ample powers as
that of The union should have ample
means for their execution. Within the
criterion have conten!ed for, this is adj
mi,ted: beyond that criterion, the position
is denied. If this criterion be inadequate
20 tue true interests Of the union, lei the
supreme court shew il TO the people, or to
the next convention, and these means
will be enlarged. They will, in that case,
be enlarged by the only ompetent power.
With tie supreme cOurtthe question, and
she only question, was, what powers and
what means have been granted. The
powe,S of the old confederation were sui
hcienily ample. They EXTENDED, at least
80 making war and peace, which so vital
iy involve human happiness but the
means OF carrying on a war, IT did not
OOSSPSs For those means CONGRESS were
entirely dependent OH The state govern
ments. The means were not stretched
up, by construction, TO equal the acknow-
lodged amplitude of The powers. No
court or congress dared 10 do this but
an appeal was made TO the people, in
Convention, and they amplitied iheAeans,
Ivy the present constitution. This is
case exactly iii point, aud determines the
course proper 10 be pursued, ifipdeed the
true prin iple relative 10 implied powers
is not sufficiently extensive.
Indeed, Mr.. Editor, the great fault of
the present times is, III considering the
constitution as perfect. 1t is considered
as d nose Of wax, and IS stretched and
contracted at the arbitrary will aud plea
sure of those who are entrusted 10 admi
Tsister it II is considered as perfect in con-
Prevention of the opinion OF those who
formed it. Their opinion is greatly mani
tested, in the ample provisions il contains
~ contravention of every thing that is
human !: for nothing made by nan is per
feet. 1t is construed TO This effect, by
The ms, TO The prejudice Of the outs by
the agents ofone government in prejudice
of the rights of another; and by those
who, possessing power, will not tail to
- feel II, and forget right"