Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-04-16
FoH rUE Enquirer Il
CONSTRUCTION OF THU. JUSSTIT(TION II

crafs. .ie Coanscticut Poet. " "
ron TIT. Enquirer
CONSTRUCTION OF THE CONSTITUTION.
ar STLEMEH The writer of The following oLserrn-
toms has no other apology make for offering them
=" HE consideration oi Inc frAiir, than that upon
me ,eiv imrortnnt subject Ia which they relate hc
i'sthe misfortune To differ with Yourselves and with
'nny nher most respectable and enlightened persons
'rh whom he has long had The pleasure TO agree
an,l 70 act on political Subjects.
me question which it is purpose TO examine
his been decided by the Supreme Court of the q
States IN the case OF Cohens against the state of
virginia, aul has given rise much elaborate dis
cussiun boti before and since that decision WIS pro-
nnmnc"t. Bat to the hest Of our recollecton Mi the
commentaries which have vet been offered to the
rea'ers o tic Enquirer, have nca ON the same side
80 The question, except the learned aud powerful ar
}."menlS used by The supreme in spnntt of lis
opinion. Aud indeed il may well be presumed thai
ne acknowledged ability with which the co,,i sus-
tanned us d'rs'on, has prevented others from a,-
i'"nrn% more frequently before the public tn offer mr.
sincmtS n favor al au opinion in spuort of ,yIch :,
nSrt ne supposed that the hest arguments had ahci-
NV been exhausted. But as tie arguments of The
court may perhaps he supposed he better adapted
% me h"hrh an0 TO tse liar than 10 common readers
we Viii venture To offer few observations which nm
pear 10 uS Ia lac worthy cr cuusItlcra,l,. when we
i;re called upon to decide II: the relative powers Of
lnr sfhr'Al and state governments in making pr;c
Gal constructions and drcisinns on lie ,tue ncou;n,
ol me constitution of the u. States
ha peculiar Structure OF The government of The
tnrd States has in the course OF lis lnnisro,;on
gwen rise {" many important aud difficult questions
IA reIann 20 tie extent o the powers cenvcyed to i,
ny Tie constitution and has contributed TO re ndrr
contests on in's subject more frequent and en,i,ar.
i'sS'n9, mat 40 pa;icuiar tribunal whose prorer
PROVINCE II - eCide finally in all case, thai may
arse under tie constitution, seems not la have been
loMied ost III the instrument itself with sufficient
Searness To remove all doubt concerning H. r..
in"l The general government OF the United States
IS limited government not intended 20 extend To all
ihe rights and Interests usually subjected TO IcoaI re-
gnh,'ion IN tree state or community, bare perusil
OF lie constitution is sufficient 10 shew Bu even in
th'S respect, II may not perhaps differ in principle
from The respective governments of the several states
OF our Union; Ion IN Them, and indeed in all other
rtp"i"can states, where the true principles of hber-
" are well understood and defined, The powers of The
government are more or less limited and c cumscri.
cd, a there are certain rights aud privileges The free
exercise and enjoyment OF which belong 10 every in.
'i,"iai, and wa!i which i!ie goyeri..ncn, has no
right To interfere.
previously tie adoption Of the federal coust;i,
tion, al tic powers with which the people had
NsInght prnp"r To entrust their governments were
posscsse' exclusively 10y the different State govern
mehs, these states being then separate and i,eDcn-
orni.-- he adoption ui the constitution took Iom
me state governments a specified portion OF these
powers and conveyed them To the general gover,,.
tReni, us common stock be sed aud administer.
fa<@r the common benefit Of all the people Of the
oHtts. But ~ making ihis specification, IL WAS I'M
possible 10 he so iil ai precise lis NOT t, leave room
i"f doubts and difficulties ia ascerluil9 the exact
those intended 10 TIC granted and The evils arisiun
from tbs source must he greatly increased ifihe ia.
hers OF Tie constitution have failed 10 provide ri-
bImll for tho decision of these questions which
must have beca iOreseen, from the peculiar charnc-
ter oil the constitution, would frequently arise il, The
course OF IT'S administration. But the power oi max
ing hnil decisions on the construction of The cons
'hi'on must either have been granted la Tie aullor
ties ol the general governments or must remain with
ihose who created that government.
IL seems TO he universally admitted, that where
parties able and willing, have entered into :, coni,,lcl
AMI nave provided no particular tribunal TO decide
upon the meaning and execution of 1t, and having no
superior power 10 appeal to, all questions arising IN,
der Tie compact must I've decided by each party for
himself, according 10 his best Judgment of what
as right in each particular case, under just respon.
sbTy 20 the other parties. The constitution Of the
United STATES contains the terms OLA political com.
pact. But when we come TO enquire where the pow
eF property Tesiues OF deciding controversies concern
ipS us meaning, we meet with important and curious
difficulties 1t is not only matter Of contest whe.
tier he parties have appointed any particular tribu
nal 10 decide upon the true meaning OF the comuaci
oi have reserved that power themselves hut there
seems also TO bc difficulty IN ascertanino win
Tie real parties TO the compact are
ln discussions CONCERNING the extent ofthr powers
delegated by the constitution, much Stress is frequent
y lad on proper description Of the parties who A.
dopod u aud distinction has been ca efuliy taken
he weeh tie people Of the United STATES generally,
aai Tie people of The different States united bv the
eonSlIUiiU.. That this distinction exists, aud is re-
c"5nizcd by The constitution in some respects and
dise 3ardcd III others, must he easily perceived; b
We do not perceive that the admission or denial OF
tls distinction can have any influence in extending
o. conn acting the construction Of the powers vested
10 ne s'neritl government. Bat think we have
bCuenty observed an error ~ designating the par.
tics 10 the constitution, much more calculated To If.
iect our TeasOnings tIIs subject, than the dlstc-
tiop just noticed. MHny respectable commentators.
on Tue constitution seem TO consider tl,e cSistny
parties 90 the compact tO CONSIST Of The states or the
people OF tie states side, aud the government
oi tie United States the other SHE aud h A On.
Ncrnmrt IS frequently deiIOuindtcd cue OCfLe Jsfres
~ me c0wp.ct. But the government Of the Jnied
STATES had 40 existence I'LL the parties Ia The conplct
cicsted H. by entering into tiat compact and the
uhog created car never be piry is own crea-
tO" The Constitution OF the United States Itself de-
ciiies WHO are the parties 10 tie compact We
tI'e people Of de United Statcs---do OiGdn and Is.
,slisb Ibis cOGstuWion.f
Th's e,roneous idea Of the rch parties 10 the com,
pdci, appens tp To have been tie source of nrch
erroneous reasoning IN discussions intended TO ~.
certain where tie authority resides whose f,roncr
lr0ymce Is 10 decie finally aiUn tic tue co1slrpc.
ton of che CONSTITUTIONS. The idea tlal the general
entern1sn Is party 20 the compact constituting os,
O.nOn las been carried so ir a. Ia cause f,at ooye,p
mrnt he viewed hy sunc as foreign Ia The 9oye,m.
nirnts ~ tie several siatc~, aud parIels have leen
Insulated between lis relations To oar scyrfti stale
gOsefHr1cnts, aud IFS relations TO the government,
o. i"reign states. But cerlmy these parallels can
lcist M. writer in tac Enquirrr under the .io
nntre oi AgcrnOu Sidney t j. said, rat j. no fcI.r,t
rrpu1iie ~ which oas n ht Taissto tie compact claim,
Uir exclusive right pass on the chartered tights II ano-
Vicrfmcanin " orr n fs pa,tics the g0scracnt oftbe
Uafed States IL the 81 No. by the writer il j. said
fc macy yielded hy the Ia that cousti
yiiog sfss, does extend 20 the INV, ,rrsnte ex,
a % thereof Ivy ibr courts Of Of the parties y meaning
the OF The Uiited Now appears TO US tbt
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