Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-12-23

gresS, Law any duties on imports or ex.
p0rts. There are, then, certain Guiies
whic! states may lay. Suppose state les
g'sla'nie, IN laying taxes which it has
right 10 lay, should, contrary 10 The con-
shiuiioD, lay an imposi duty. Would a
construction be given 10 it which, for
! that fault, would vi,iale the whole act 3
Surely not. Mr.. l.. added some other
illustrations, all tending TO the same end,
that, admitting (Hhich he denir,i) HAT
the clause objected To was contrary 10
the constitution. il was no argument "a
| gainst the remainder, 10 which no excep-
tlon had beru pretended 10 be taken.
Wlib regard TO The question of leaving
the contested and al the worst doubiiul
clause 10 he construed by the iadic larry,
need he argue, MIR. b. asked, that if "A
state Cons'i'unon opposethc Constitution
OF the United States, u is Just as void as the
Law OF state which comes in conflict
with the same constitution On that
! poInt,iber WAS no doub, Ii was perfectly
In material, whether AN unconstitutional
! provision was found in the constitution
or law al state: it was in eacI, equally
vcId. DO not gentlemen see, then, that
They night about shadow? lie called
on them to recollect the difference OF
! construction III regard to the powers of
the state aud federal governments. The
tauer possesses no power bat That which
IS expressly given. Directly the con-
verse vi this is The rule in relation 10 the
former. The Legislature of Missouri,
whether The clause excepted 10 be in or
out OF the Constitution, possesses precise
~ the same power. Whenever they came
To exercise u, would arise The question,
whether 10 leg>lale az proposed would
| or would not be 20 lrgislate uselcssly,
being contrary 10 the Constitution OF The
| United States.
Suppose, MIR. B. said, This House were
Ia declare his Constitution OF Missouri
To be consistent with the Consultation oi
tfe Unned States: get, tia free person
arriving III Missouri, applied for the beu-
ehi OF The act of habeas corpus, would
he not, If the act under which he was
sr'ze,i appeared 10 be contrary 10 HE
Constitution ofthe United States, be de
livered and sci ID liberty Certainly he
would and the converse was true, that,
declaring the Constitution OF Missouri 10
DE compatible with The Federal Consii
inilon would not make il so. The Ju.
dietary. 'said MIR, u. viii, if the Constr
'ntl0n he lcit as il is, decide this que>>
lion ~hcn II Canes up. What they say
VIII be operative what we saw will moi.
I
10 decide, what powers DO and what do
no. belong io This government or 10 the
state governments. Shall we, then, said
Mr.. Il. eDbarrass ourselves with the de-
ciSlon OF questions thus diff .ut, aAd res
specling which our decision, be il one
way or The oiher, will be wholly inOpera-
tive
Ms. B. concluded the Speech of which
tie preceding Is an outline merely, by
saying that he now zane back, and clio =
sed with lie proposition, that the con-
siiiuiion OF Missouri is not inconsistent
with The federal constitution, because, as
respects lie class OF Il'p people there re-
/ ferTed TO, they are moi citizens IN Hue sense
OF Tie Term i'll which II is employed in
the constitution OF the United States.
Soon after Mr.. barbour closed his re.
marks, the House adjourned for this day.
MONDAY, DEC. Is.
The journal OF the preceding sitting
having been read
Mr.. Eddy, OF Rnod" Island, rose. and
briefly announced TO the House The de.
cease, or Yesterday, of NATHANIEL HA-
GARD, Esq. Member oi this House,
from The siateoi Rhode Island.
Whereupo1, on motion Of Mr.. Eddy,
resolutions were unanimously adopted,
expressive of the feelings at the House
ON this occasion resolving 10 attend The
! Funeral, this day, al two O'Clock ap-
| pointing committee to snperiniend the
same and resolving, alSO, a ieslim0-
Nv oi respect tor The memory Of The de-
ceased, To so into mourning, and wear a
black Grape round The lc!l arm for thirty
| days.
Mess,s. Idly, Morton, Rnss, Shaw,
MaIiary, Archer, OF Md. and Cooke, were
appointed committee accordingly and
the House adjourned.
TUESDAY, DECEMBER 10.
On motion the committee OF the whole
was discharged from the consideration of
the bill, reported al the last session, Tor
The preservation and repair oil HE Cum
berland Roai and the same was recon
mIied 10 the committee on roads and ca
mails
The Speaker laid before The House
letter from The Secretary of The Treasury,
transmitting an account of The receipts
and expenditures, ol the United States for
The year 1919; and, also, letter from
the Secretary Of War, transmitting, in 0
bedlence OF resolution of The House of
Representatives Of the 18th inst. infor,
nation III relation TO lie horses furnished
by the mounted men engaged ia tie Srm-
Inolc war; also at the rule adopted for
compromising SAID troops, not applicable
10 all other troops OF The same description.
Mr.. Cojb rose, aud gave notice thai,
OH account of the absence Of some mean
beT7, aud IN compliance with .he wishes
OF others, he should postpone his motion
tor going INTO COmmlItee of The whole on
tie subject Of retrenchmenis, until this
day fortnight
blr. Ea5ts Submitted for consideration
the following resolution:
R'so'rcd. by fhe SeRaie and Uouscof RePreseR,
tdfireS of me UHifed Stafrs of 8merica. in Con-