Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-09-29

po"SIs Dc DOic OOllSdioFy III us tHttSS,
than a delegation OF all or any OF their
powers II, (according to the principles
laid down In The Opinion powers which
have emsnaied from the same source, are
equally obligatory ~ their effects by "a
parity OF reasoning, Congress may exer-
else 6y substitution. oil OF the powers If
which they are The depusite,ieS, as right
fully and as etfeciually as they can dele
gate substitute 10 exercise any of
them all having originated from the
same source, and having been alike grant
ed Tor general purposes. The inevitable
consequences OF sucha doctrine must be,
that Congress may delegate the power Of
declaring war-of raising and supporting
armies-Of coming money, &c.-w lich
certainly could never have been contem-
plated by the trainers of the constitution.
Ii therefore could never have been their
intention thai any al the powers delegat-
ed 10 Congress and the other branches
of the government, should be exercised
by any other department than that to
which they were c0usiiuiioDally assigned.
Having traced The effects Of allowing Il
delegation of power by Congress thHs
iar--let ns follow them little farther. -.
Let ~ view The corporation OF the CITY oi
Washington, " dressed up in "a little hriei
This great republic l. not The idea ridi-
cu'nus in The extreme Bar, preposlc-
rous as il no doubt must appear-Such
unques,iouably would be the case, il the
doctrines advanced IN the OpiAion, should
be supported and enforced. For, if
lottery established .fo, tie District, by The
corporation aforesaid, with the approba-
iiOa OF The President, be so universally
obligatory IN lis operation az 10 know no
geographical limits, isnOi this ianiamouni
IN tact to legislation by The corporation
Tor the naiion al large! And, according
to the principles already laid down, may
II not With the consent OF Congress, by
possibility, become invested with powers
Of much higher dignity thus prove
Il mere mockcry ut government, and an
insult 10 the nation But let IT'S nor DIS eli
upon doctrines which would lead 10 such
preposierOus conclusions. III has already
been demonstrated, (ii is 10 be hoped, }
Thai ihe different deDaItm of the gov.
eminent have not The right of transfer
ring, even 10 each o,h,r, any OF those
powers at which 'hey are respectively the
solec0nsiiiuIional deposilariss: a JOrtioIi,
IT must follow, that 10 corporation can,
under our present constitution, be legally
Authorized by Congress 10 exercise any
purposes and that Congress have no
right 10 establish national lotteries indirect
~, even though the power 10 establish,
item, directly, had been granted by The
constitution.
lie various views IN which this subject
has been presented, would seem 10 us
Try the conclusion, that lie only legiii-
male objects for which Congress can lie
slslaie relative 10 the District, must, from
The express words as well AS the spirit ut
the constitution, he strictly local and
territorial irf their effects that The reia
ton IN which the district and the states,
III iheirindN lt!ual capacity, stand towards
each other. leaves each equally al liberty
upon considerations OF local policy, to
reptl, by legislative provisions, within its
own territorial limits, The effect of any
law which may have been enacted by the
oihcr aud, consequently. that The midi
vlduai states have The right to prohibit,
within the bounds of their respective ju-
risdicIlon, the sale of tickets in The lot
teriss established in the City of Wash
ingion.
very cursory examination of the
OPim0n, which has been The subject OF
these cbserva ions. is we'll calculated to
arrest the attention of all who would de-
WHICH have been divided by the c0nstilu-
lion between The general and state gov-
| eTnmeDis. II must necessarily call 10 our
recollection the very dangerous doctrines
unanimously maintained by The supreme
court of the u. S., upon very recent oc
casion. The publication of this Opinion,
soiemnly given by distinguished mrmb ers
oil the bar, would seem 10 indicate, That
suit may be the result oil this prepare
tory movement Aud IN such an event.
viii hol our experience OF the past, jus
lily lie apprehension, thai the supreme
court o! lie u. =. will confirm and en-
force The doctrines which il avows .
Should such he The result, will IL moi af-
ford addiiiOnaI evidence 10 that which we
have already experienced, of The absolute
necessity OF such an amtndaent TO the
constitution, as will project lie rights OF
the stales against every usurpalion of the
general government There is nothing
0,ich Congress may moi do, that, by nos
St5htg, the supreme court may mol sane
ton and experience has already afford
ed Too many proofs Of Ihe epcroacIIments
OF the one, which have been maintained
ahd enforced by the sanction Of The other.
lie crisis, at which we have arrived,
ihen, Imperlousiy requires tie establish
Inent Of Judicial tribunal, not less con-
necied viii the states, than with The gen
efal government, 10 decide all controver-
sizes between them, 10 which conflicting
claims may give birth. This alone can
ensure that freedom from all undue bias.
which is so naturally the result OF close
connection, not only between individuals
IN society but between the different
branches of body polite, connected by
common lies Of feeling aud Of interest. =
And nothing but this, ought 10 lranquiize
the appreheusionsg II a nation, DESTROYS OF
preserving Tie principles of our glorious
constitution in all their purify. Until this