Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-12-28
FOR THE ENQUIRER.
THE LOTTERY CASE.

iSuSC tuu w
opinion we are considering, SO unusual
with gentlemen whose profession is reason
ing, makes il difficult TO extract its es
seucc, and 10 select The passages upon
which il intended To rely. Lei US, howe
yer, proceed i'll the attempt, by the fol-
lowed quotations, apparently connected.
Alter recitiug pHly one half of the clause
III question, il thus proceeds. This
. clause was 10 doubt inserted in the
constitution. from the Indispensable
nrcessiIy which was fell TO exist, that
The national government should have eu-
tire authority IN the place where II was
located. IL was q gSvrrument establish
Ell tor national purposes. aud il Was III
and proper HAT HE national legislature
and the members of 1t, should be en-
+" llrely free from and unmoieSted by the at
% Mority ofany state legislature Lawyers
describe an argument by The latin words
seqnliur and non seqgiiur, in English
II follows or does not follow" Ii the
position Shoul,i have entire authority
III the place @lIere 1t was tocated' Is, as
the learned lawyers assert, Que true Sc
quiiur oi The clause, thea the inference
should have authority Ill places where
i, was not located" must OF course be a
non seqnitur. Further; if " thai Con
gross Should be free from the authority
of any Stale legislature" was annihcrtGue
sequiiur, az tie learned lawyers also az
sert, the inference that the state legis-
Iaiurcs should he subjected To the aulho
r,iy oil Congress" was anulhrr uUn seoul
tur' To ;ufn 'wo ron sequiurs INTO Two
s'qniiurs, III IiIs very iveIh IF contrary
assertions, Is novel and even droli
mode Of reasoning; and also all alarm,
ing evidence, o! the extent Ia which Zrai
or interest eau push out federal doctrines.
1t converts the freedom OF Congress iut0
The slavery OF lie state legislatures.
How eau ii reasonably f>ll ", because
Congress should be tree, that the state
legislatures shUulii not he irce; or because
Congress should non be moiested los one
state legislature, IN The exercise of The
fedora! powers delegated to ihep, that all
state legislatures should be m0ieSted by
Congress, III the exercise OF their reserved
and federal poNetsy
The OplnI0n correctly declares, that
there is so doubt that ihe freedom IF Com
ereSS was the motive asd emf oE the clause.
YheTtlore the e,nb' iiiShment OF capital
city, ~as nel,aer lis motive nor its end
Admitting iac phrase q II VAS d govern
GIeni established Tar national purposes"
no be correct, set The national purpose for
which iir power was Delegated, is "A limn>
IaiIono OF il. The real national purpose
beng the freedom of Congress, no differ
eni purpose cau be CoHstIiulionally intns
ed Into The clause, becansc II might also
hr a national purpose. " The government
q! lie q. STATES (say the grn'lrmen) Is
Ons 0i enumerated pCwrrs, all Of WhIch are
spon tie same terei II 10. and one can
endo@ Congress with legislative power,
beyond both lis motive and end. tien all
can so SO, because they are all upon The
same level and an neXhaHsible treasury
III federal po~eis Is provided wtich must
soon exhaust the treasury Of powers re-
served 10 the states; nelier OF these tred-
Surles can BECAME richer, but al the ex.
pense OF The other.
|, Is Observable that the opinion has
used d term III describing .i,e federal go.
vernmemt, iugrulousy adapted 10 its OBJ
jeci OF eXlendIng tie powers OF Congress
Ihe word enumeratrd' il softer and
smoother ihan limited, restricted, ba-
danced or delegated" and giidcs by the
rough, manly and republican idea Of con
trolling power, 10 correspond with the III
ierpulaied phrases general government
national government, spiritual sovereign
", aud national objects the present fash
lousGie levers 10 subveri federation. bu
even All epumera!ion Of power is an cX-
Cluslon OF powers not enumerated. Tx
Numbering OF powers in grant, and %
dollars III bond, prec!udes right e
more powers or dOllais than are express
cd. Tie ten mile district vas not created
10 increase the wealth or privileges of IT.
inhabitants, or 90 extend the power o
Congress by The patronage of mrtrOpo
lis a the cost of the siaes aud as lhes
political dollars are not enumerated il
tile clause, 10 come at either would bt
the same thing, as if "a court iO virtue O
Il
give judgment for ten.
This is a lottery authorised by Con
gress for the purpose OF making i'm
portani improvements IN the natioHo
- city. which the Ordinary funds or reve
g nue. iaereOt will uoi accomplish. Con
gress have aTight 20 Judge OF the pro
per means Of improving the seat OF 90
g veTumeni, aud II would be mOnstTUa
If any state Legislature could Impede ID
- execution of n law for national purposes
A lottery is IIien a mode OF Obtainin
revenue TO supply the deficiency OF oihC
modes, aud seat of government Is CON
mued tor national city TO justify III
assertions thai Congress may tax, deirau'
or mortgage the states az means for ii
improvement, aud that II would be mo-
strOus il any stale legislature could in
pede these means, though they shou
consist OF iythes for The support Of M
IrOpOlilan spIendOur. The federal unit
recognizes no nations but states, and {
purposes but state aud federal. The
purposes are divided by that compact b
tween Congress aud Tie states. ailoiiii
10 Congress certain specified federal pu
poses, and reserving to the states all u
IIomal purposes, not inconsistent u;ih &
federal interests entrusted To- Congress
federal legislature. Among those