Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-06-15
JUEE Is.
RIGHTS OF +" Tile. STATES"
8NO or" THE PEOPLE"(a)

" rhe grievances BY whck we are oppressed, draw
'judgn+nts OF LAWYERS against orr hbs'w "t6)
no THE EDITOR oF THE ES0uIRER.
According 10 the regular course of le-H
gal proceedings inughi. in the first place,
t. urge my plea in abatement TO The ju-
ris,liciion OF The court. As, however, we
are not now III a court of Justice, and such
a course might imply some want of con-
h,ience IN the merits of my cause, will
p stpone that enquiry. for the present,
and proceed directly tn the merits. In
Investigating those merits, | shall some
times discuss particular points stat
ed by the supreme court, and, at others,
urge propositions inconsistent with them.
L pledge myself 10 object TO nothing in
tiie opinion III question, which does not
Appear TO me 10 be materially subject TO
error
beg leave TO lay down the following
propositions, as being equally incomtesia-
ble M themselves, and assented 10 by the
enlightened advocates of the constitution,
al the time Gifts adoption.
/. That that constitution conveyed on
" limited gramt of powers, 10 the gene
raj government, aui reserved the residual
nv powers tOthe gov ernnents of lhe states,
and to the people: and that the 10Th
amendment was merely declaratOry of
what TIC court is pleased To call, 3" the
exc ssive Jealonsirs ot rhe peopleIc).
,. That the limited grant To congress
otrertam enumeral ed powers oniy carri.
ed win Il such additional powers a, we're
furry Incidental 10 them. or, in niI,erwords,
were necessary and proper ioi their exc
cuiiUn.
And 3dly, that the insertion of the
words necessary and proper, in the last
pact of the 9Th sc ton of the Is, article,
did not enlarge The powers previously
given, bat were inserted only through
abundant canton.
On the first point il is to be remarked
that the constitution does not give to con
gress gsaera legislative powers. but The
Legislative powers herein granted -.
list ART. oi Const. :. so n Is said in
The Federalisi''(d) that the jurIsdic-
ton of the general government ex-
teuds tO certain enuno rated objects on
~, anl leav"s 10 the states a resluuary
and Inviolabe sovereignty over all other
objects: that in the neU d. well ss the old
government, the general powers dre limit
ed, anu tie states, in all the uuenumerai-
ed cases, are leil III the eui yment of their
sovereign aud mdependent lurisrliciioniet:
that ihe powers given To the general 60
Vernncnl are tea and dehued(fo: and
that all authorities OF which the states are
not explicitly diyested, in favor of the u,,-
Ion, relnaln with them in full force ; DIS is
admitted by the affirmative graats TO The
general government, ami The prohibitions
OF some powers, by negative clauses, To
the state g0VeTBments(s).
II was said by MIR. Madison, i'm the
convention of Virginia., that the powers of
the general government were enumerated,
and that It's legislative powers are on de
hned Objects, beyond which ii cannot
extend It's jurisdicion(M that the gene
raj government has no power but what rs
gwen ana delegated, and that the dele
CATION alone warranted the powcr(i) and
that the powers OF the general gu,-t,-
meni are but ftW, aud relate Ia external
ooiecis, whereas those of the states rp.Aie
TO those gIeaT objects which ltuinetl,Iirly
concern the prosperity o. tlie peopie(i).
Ii was sad by Mr.. Marshall, that con
SresS cannot 60 beyunN ihr delegated
powers, and that d .ay, nj warranted by
any OF the enumera.-; powers would he
VQid(O: and thai the powers not given 10
congress, were retained by the states, an 4
THAT without lhe all OF in piioaIion(mi.
MIR. Randolph said, tha' every power not
gwen by tins system H. lett VITA the
StdteS(n). And ii was said by Mir. Geo
Nicholas, that the people r, taiu The pow
ers not conferred on ;he general govern
mepf, and that congress cannot meddle
win power not enume aied(0)
1t was resolved by i!le legislature Of
Virginia, in acting upon tie celebrated
report of 1899, (of which Mr.. Madison.
the great patron OF the constitution, vas
the author that the powers vested IN tue
general government result from the COM
pact, To which the StateS are parties THAI
they are limited by the plain sense of that
instrument, Che constitutions and ex
teAd no further than they are authorized
by the grdnltp): thai the constitution had
Deeh constantly discussed aud justified
by itS friends, on the ground thai the pow
ers not given 10 the government were
Withheld from II: and that il any doubts
could have existed on the original text of
the constitution, they are remov ed bv the
10Th amemdment(9): that ii the powers
granted be valid, ii is only because lhey
are gTGated, and that all Others are retain
eur Ihdl bOth from the original cOnsiI-
ihhon anu The 10Th amendment, IL re >ults
that u IS incumbent Oh the general gov
ernment to prone, from the constitution.
mat " grants Tie particular pOweHs) that
Ut Is tBImateriaL whether unlimited powers
be exercised under the name OF unlimited
powers, or under that of unlimited means
Oi carrying limited power into execu-
IIonlO: that IN all the discussions and
Publications. OF the constitution, il was
urged as characteristic Of the govern.
meni, thai powers NOT given were retained,
ana Ibai none were given but those WHICH
were expressly granted, or were FAIR
IY LNCiDENra) 10 them aud that in The
ydiIheatlon OF the constitution by Virgil
pa, 1t was expressly asserted, that every
IJweT not GRANTED bV the coust;tutio, 90