Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-11-09
HICHMOND, NOVEMBER 8. 1921.
= COlLNO.N" DEFENCE, 6; GE.VER.4T
VEL E,4RE"

The editor of the Charleston Patriot frankly
| ayows the opinions we had ascribed to him
on the subject of the powers of the general
| md state governments but desires {" his argu-
| ment to be considered rather as an ,has.ration
oil what he toisies should prevail, than what
| has been understood to be the true rule of con-
struction."
Congress shall have power to levy and col
iect taxes, duties, &c. and provide for the COM
mon defence and general ioeijdre." "The words
marked in italcks," says the Patriot, +" give,
we contend, the power to raise and apply
| m onies TO any object that can be embraced
| IN the meaning of those expressions citrd''!
II these be not in truth hcretical and ultra
JedeTds doctrines, we confess our utter igno-
rance of the subject 1t is immateral whether
they be in accordance with the mere ,cishes
of the Patriot or not they are alike hostile
to the spirit and letter of the constitution it
self; TO the universally received construction
OF that instrument, and to the general wishes
OF the American people. 1t Is, we repeat
| absolutely at war with common sense.* For
| let us construe this part of the instrument ac-
cording to the UiSheS of the Patriot, why, we
| again ask, was there any necessity for the
enumeratlons contained in the constitution
itself: Why were not the powers of con-
gress left TO rest on these words alone ?
why affect TO string together parcel of
1
another general formula of words had been
rPreyiously employed which conveyed all pow
| ers whatsoever? Why thus enrmerate some
powers, when you had already given all !?
| The trainers of the constitution would have
| proved themselves miserable conveyancers
as they would have been dangerous poti-
clans In fact, we are astonished at any mans
holding this Interpretation particularly man
OF such understanding as the editor of the G..
| Patriot. The constitution has been always
considered as IA limited instrument conveying
| specIhed powers. 1t was SD considered in the
convention which framed tin the state con-
ventlons which adopted it--by the great body
of the people-and it has only been in one or
two instances, IN the spirit of the fedora |
party, when this sweeping clause las the Pa
trOt makes lt) has been called in TO Justify any
| particular measure, which its advocates could
not smuggle in under an enumerated end or
| the means necessary and proper for carrying
an end into execution. But never in the hey :
| day OF federal power, never in the mad day 8
OF the Alien and Sediion laws, never in the
most sweeping decisions of the Supreme
court, as we solemnly believe, was this sweep
ing clause ever interpreted to convey general
powers, and to justify all and every measure
i which the caprice, or the ambition of congress
might project-saving and excepting these
two or three instances only.
The Patriot is not unmindful Of the doc
tilnes contained in Mr.. MadisoB's Report and
10 the Federalist But he relies upon the after
Interpretation of General Hamilton, while Sec
a rotary of the Treasury, when he recommend
ed on the faith Of this clause the encourage
nent of manufactures, SC. He, has quoted that
part of HamiltOn's life, when his authority /:
OF all others the most suspicious He was at
tempting 10 convey TO the federal government
greater powers than it was entitled to exert
Ii was part of this system to establish an al
len and Il sediliOn law-and il was Gen. Fl. auC
his friends who passed these laws A change
was wrought in the opinions oil this distinguish
ed poiltlclan-but, it was the influence of office
the temptations of power, the views of party
which most materially contributed to s,verv,
his understanding. What a powerful proc
does this afford of the necessity of defining
( by specific terms, the powers which are en-
: trusted TO the servants of the people
MIR. MadlsOn's Report was written in oppo
sltion to these laws and 10 this system. ~
again supported tire doctrines which we're ad
, v0cated at the time the constitution was a
dopted, both by Mr.. III. and himself. II
stood firm to their original ground while Nj
o II. had abandoned it, The appeal which wa
i made to the people proves what they though
o of the matter Mr.. Ms. report was adoptc
l. -
i Not 10 repeat, that these very phrases are copie
from lho " articles of confederation :" which ali III
wora Knows did not convey general grGnf Of porer