Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-12-19

cannot restrain the exclusive I,gislaiion
OF Congress, " Is e,idently br,und Tie
reach of human foresight. 10 discover lie
reach. Those powers at exclusive leg Is
laiion, UNSOLICITED 10 geographical I'm,
can bring forth progeny Of neu powers
with less difficulty, than such as ar. :and
no precedent can possibly reach iaui,, r..
towards investing Congress With AN un
limited power of legislation, Than Que
which eau extract II from the strongest
RESTRICTION TO be found in The " hole con
s,ituiion, II this mode OK construction
be correct, the trainers of the consiiiu-
tion are chargeable; with binding, ia eve
ry limitation OF power. a handful OF seeds
Tor unlimi'ng II; and with having gwen
us only the skeleton OF "A confederation
with secret power in Congress. of Great
ing all IT'S sinews aud essential qualities.
Lei us see II the general tenour OF the
federal constitution will reflect any light
upon the question. Ii il be admitted, that
the term federal has a different meaning
from The term national, we must discover
wherein the difference exists, and which
word ought la be the root OF construction,
The ilrSi implies contract between dis.
finct parties the second, a consolidation
oil individuals into one society. The Sc
lection OF The first 10 describe our polili-
cal system, Is a rejection of the second
IL they do not mean the same thing
Hence principles OF construction, which
are deducedSirom the first, may be right;
but those drawn from the second aust
be wrong. The division OK powers be.
tween Congress and the states, was ne
cessary 10 constitute a federal government,
and Ii thai division is destroyed. fedora
lion ceases. Persons are the objects of
of A-. ~
CURED powers in Congress over persons
Tor IFS execution, ana also powers over
persons in the states, we see in the con-
stitution aproviso for effecIing both ends.
The powers OF Congress aud The states
over persons, are made in some Cases
concurrent, and IN others exclusive. As
10 taxation, they are concurrent 70 great
extent. As Ia the regulation of commerce.
declaring war, The government of In.
stahdrns army, and Of coded forts, ma
gaines, arsenals, dock yards, and the
ten miles square, exclusive Legislative
powers are delegated la Congress. And
as TO the regulation o. private property. of
manners, of justice between Individuals.
OF the poor, anu of vaga bonds, exclusive
powers over persons are reserved 10 the
states. But their respective powers OF
legislation, whether exclusive or concur
rent, are independent Of each other. A
supremacy of either class over The other
would destroy the happy balance effected
by Their division, and overiurn the very
principle OF confederation, which consists
at mutual independently. II Congress
by differences shall impair or defeat
single power over persons reserved 10 the
states, they will have established pre-
cedent Tor destroyiH ing the whole. Thew
may defeat or impair the exclusive pow
ers OF the states, over militia officers, and
The persons constituting the federal 20.
vernmeni, and it they cannot do this con-
silluiionaliy, neither can they eOnsliiu.
tlonalIy defeat or impair any other DOW
ers over persons. delegated or reserved
TO the states. All are equally exclusive
ana independent, and every trespass in
any one case, uDdermines the whole. be-.
cause all stand upon the Same ground,
aud are sanctioned by the same authority
III power TO govern forts, magazines,
arsenals and lie ten miles square, musi
swallow up the exclusive legislative pow
ers reserved to The states, or tie reserved
powers must swallow up these forts, ma
gaines, arsenals, dock yards, and ten
miles square, the alternative is bad, but
The election must be made. The only
possible mode of avoiding necessity so
highly 10 be deprecated, is by adhering
TO that construction, occupying the me-
dunn between the dissolution OF the Uni
OH, and precipitation into consultations.
10 avoid both extremes, only exclusive
or concurrent pow over persons were
gwen 10 Congress, which were necessary
Tor the execution OF federal measures, and
essential 10 the states for The preservation
OF federal form of government. The
care OF private property, and of morals
WAS Withheld, az unnecessary Tor This OBJ.
ject. Could Congress authorize The cor.
pore ton OF Washington 10 send troops of
prostitutes year after year into the states,
III order 10 raise monry for Tie embellslI-
ment OF tile city 2 Let casuisis decide
which are the greatest vagabonds, such
troops, or troops OF lottery tickets. But
the learned lawyers have waived several
considerations, tue general teuour of the
federal constitution, and the special mean
ing of the very clause upon which their
opinion IS rested. STATE RIGHTS.
HOW STANDS THE QUESTION
The Senate have accepted the Nilsson
ri Constitution, with MIR. Eaion's Waircr.
The II. OF Il. have rejected the naked resO
lution for admission but they have not
acted OH the Scrate's ameHded resolutions;
nor have they again had before them Mr..
HlPs (of Mdss.) proposition, which
Qualities the assent of The admission OF
The new state intoSile Union by an er-
ceptlOn of particular clause of the Con-
siltution." The distinction between
Messrs. Eaion's and Hills propositions is
obvious; Mr.. Eatan's waiver asserting
IN any fIausp I'm Tho Missouri Consultation