Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-11-30

! quality which makes il branch OF the 30
'erninent fails and il loses all title TO the res
| pect of the state courts. Ii judge Marshall
we're to imprsnn man for horse stealing,
would State Judge hesitate one moment Ia
issue his IidJe0s Corpus, aud To liberate the
man from his mittmus2 Would not every
Judge in the state consider Judge NJ. qaoad
Tins case, as aforeigR Judge as assuming Il
power which does not i,eong To him-and
therefore just foreigp To him, ms the warrant
OF Judge as Maryland IN arrest man in
Virginia for the same crime III again. the
State courts are not amenabe To the federal
courts how can they be regarded in any other
light than as. foreign courts: If they lave no
more right by process to controul their deci-
sions than the conrts of Maryland have, how
can we regard Them. quoad such cases, as less
foreign than thosi. of Maryland? We know
that the IDtelligeucer denies this doctrine and
claims for them controlling Jurisdiction.
But .his Is the very point at issue. Have they
tins jurisdiction : The author of the bill saws
that they have rot; and hence styles them,
IN the cases which he Wishes to remedy, a
"foroga tribunal"
The inteliigenccr next comes To more gen
eral matters and denies that it nfers any
powers from the declaratory preamble To the
constitution. Rat this denial j. not sufficient.
III still eyades the great question which we
have discussed with the Charleston Patriot)
and to which we expressly referred. The
l. declines dedncing ally powers from the
words common defence" and SO general well
fare" as found in the Preamble But is it
lsnoran, that these memorable words are also
lonnd IN the LIST clause of the &th sect. and lst
article! and that it was this clause which gave
rise the doctrines fthc G.. Patriot: The l.
men sui eNades the custom. Does it agree
with the Z. Patriot? Does ii admit that
congress may appropriate money in any way
that they may please TO "proyide for the com
mon defence and general welfare? We sus-
poet that snch too is the creed Of The Intell-
gencer, from the following pregnant para
graph:
" As this is probably the last we shall have To saw
ior long lime on tins subject will not leave ROOM
Tor any doubt TO tine rule hv which in our onniou
the Constitution of the Unued States ought to he con-
sifucd. The grants of power 10 Congress it is evil
uei from the generality al the terms in which they
arc conveyed, aud the conciseness oil the cnumcra-
ION We're intended Ia hc freely construed and to
confer all power which could he f.iriy derived from
them. Lest, however, Congress should oyerlcoD the
bounds OF reasou and, in the iuoxicatom of power
OF party spiru, imagine Itself endued with The on,ni.
poiencc oi the British Parliament. the restraining
clauses were added, which 10 be found in the 9th
section OF the !st article and i'm the amendments +,
the Constitution. These clauses cannot be construed
100 LITERALLY. ln one word, the grants of power should
he bcry interpreted, aud the deRials OF ppwet ri
Sdly ihis was oi old the doctrine of the Republican
party IL Is ITS doctrine now The difference which
has arisen bct'vcca and the writer's IN the ENQUIRER
arose om their supposine because the negative ciau
ses ol the Constitution must he construed literally, that
the donavc clauses must be construed literally too
This IS what we cIi the doctrine of The New School
which would make The Constitution mere non. emit
"
Here then 1t is held, that The grants of pow
e1 are 10 be " ti6eyaiy Interpreted Are we
TO understand The paragraph, that Congress
IS 10 dcany thlngwnich the restraining clauses
do net forbid - Ii the |. says no-but only
those powers (which may he fii,fy derived"
from the " donatlve clauses" we again ask
him what does he mean by "ijiirly'' (? For.
we do not find such IA word 50 in the hond.''
lie only iiud there the words "necessaru
ana ProPer for carrying into execution the
foregoing powers" SC. &c. Does lac mean
10 stretch these words into the every com.
p;ehcnsiva" and :. liberal" phrases 'sconre-
a'ent,' = conducive TO-" as the Supreme
Court have done II he says 80, then do
we utterly deny that this was % of old The
doctrine ut the Republican party" And we
call him to the prof. Was i. the doctrine of
Madlson's Hepori of the Kentucky Kesol,i-
tons of any Of those great documents, to
wI'ch'the Republican party gave their sane
tion and their seal Pit was the doctrine of
the Federal party-ofthose who paImed upon
Us an alien and a sediIioa aw-bu it was not,
nor IS il, the doctrine of Jefferson and Of Ma
dson.-We cannot sport away the rights of
the people. We cannot be liberal in dispos-
ing of the rights of1he States. We look to
the bond. Z" The lirst qurslionis whether the
power be expressed in The constitution. If it
be, the question is decided. fit be not express
cd, the next enquiry must be whether it is
properly an incident to an express power, and
necessary To ITS execution. ID it be, it NAV
be exercised ny Congress lit be not, con.
eress cannot exercise it," .HAison'S Reporl.
The Editors OF the Intclligencer may sleep
on bed ofroses; but we cannot thus initiate
thcapathy ofthe Turks. We think the constitu-
ton has been,i dated, < attempts are making TO
build up grand and magnificent government.
We would pursue the good old rule, Obstu
principnS. We would keepthe constitution to
what 1t was originally meant to be. We wish
1t to have fair trial, that we may enjoy all the
benefits ofOur peculiar form OF government
we wish The people 10 be contented with il
and happy. We wish to avoid all the agita
uOns That may be necessary to correct any en-
croachments. We wish to avoid every abuse oil
power, lest one precedent accommodating upon
another, should b'ild up a too absolute govern
ment, and hide from us the rights of the
states as well as Of the people. We too have
confidence in the people; bu, for public
| opinion To be effective it must be cnlightcn-
ed" Let the People have light, and they will
nave liberty we ask is that they should
think and Judge Tor Themselves.
|
The following remarks Of Col. John TAYLOR are
conclusive IL congress possessed an Gnmitcc
! power to appropriate the rublick money raised by
axes mere was no occasions 10 specify thu objects To
"hich 1t mIghtbe applied, such TO raise aud sun
P'H armies, 20 provide and naiVita navy. Among
tDese Objects, all the power, grlutrd lning AN e
tnll. .,,.Ial