Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-12-30
FOR TUE ENQUIRER.
THE LOTTERY CASE.
No =

No. D.
The opinion observes that the power
of lcg-lauon over the district i local and
territorial with reference To The sphere
''oi lis difect and immediate action
Chat this conceS ion leaves the matter
OF the present. enquiry as much at large,
''as n was before, since The power is the
power OF the uuion (; that the whole ma
tlnn are al once HE grantees land by
their representatives. jte deposildFics of
il; and that this power Ia of equal Oh
legation throughout lie union, with ANY
power whatever, known - the cOusti-
tuition PrHicus himself could not as
sumo t&O different forms al the same
time, aud therefore his TRANSFORMATIONS
wcre bli hall az woude,ful, as that pow
er should be both local aud territorial
aud neither local nor territorial but tho
this species Of political evolution is
surprising, IL Is perfectly consistent With
The present fashionable mode of. consirlI-
ing lie Constitution. This comedies that
the federal government - limited, aud
vt contends thai Il ny exceed its mo
raj boundaries just IA the extract con
cedeS thai the power In question IL local
and territorial, bnt that yet /, may exceed
its geo graphical boundaries. The result
is, that The powers OF Congress are not
th.i all questions in relation to them, are
{ef as mact al large, a if such restuc-
tons had not existed. The reason urged
for this conclusion is, that the power over
the ten miles square, IS the powcr IF tie
nniOn. The sane reason would unlinlt
all other powers, if II can extend this. II
is remarkable that in the same extract,
constitutional power IS dednced from the
u. States, and said to be similar to ali
other powers known TO the constitution
and also HAT the wlIale nation s asserted
TO be lis grantee and depositary: thus
using a confederation Of states TO beget
naii"n, aud then u.Ing this udii"u TO
q stTOy the confederation OF states. But
by what principles of construction can ex-
pressed limitations OF power be rejected,
10 make room for pOwets not expressed
If the enquiry remains as much al large,
as if the local restrictions had not existed,
ii was lrulIess and absurd Ia insert Them
I'm the constitution. Words are sometimes
rejected TO come at a visible intention,
but never 10 come al an invisible laten
ton. To get over those obstacles, the
states are made TO begci q neiI0n, aud
this nation 10 brgrt another nation, call
ed Congress, whlcb ~ the llneal heir,
would have right to Tie grandiaiher's
PSldIfs ut lUlig " HhppoSiHh AHdN
the presence or absence OF the restriction,
would leave the enquiry equally at large,
is thus removed by the iranscendency OF
national authority, and this is brought
into operation by asserting " that the
"sohOle nation are a once HE grantees,
e and by their rCpresc'tatives) the deposit
q" taries Jf ,ht pONgs.' Ca the federal
sysiem be over urued by chain OF as
seriioms exposed to The Iui uItive retula
lion IF common sense Not moment
ago the power was said to be The power
OF The union now il Is the power OF the
Whole naiIon. What is still more asiD
nislIng, this nation is made both the
graBlOr and grantee of the power. Aud
The climax rising 80 error, proceeds to It.
apex, by concluding Thai Congress II Tia,
nation IT'S n. The ideas of a nation grant
ing limlted powers 10 itself, and OF ~
representatives acquiring unlimited pow
ers bJ Tie same grant, are vel corFespon
deBt with those Of general government
national goverUment, and national OBJ
jects. Aud acknowledge that they ar,
strictly legal, as the :ase Is made up b'
tie opinion. For, it grants 10 hmsei
his own fee simple estate under restric-
tons, as the lesser estate merges IN Vs.
greater, his tile is sllll a Zee simple. i p
application Of the legal rule is llIs. Til