Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1823-05-20

u
have hsrn sufficient, hut this he does not do
Mr.. Madison in his speech against the consli
nationality of the cid ". $. Bank, after sum-
ming up innumerable valid--nay ,,nanswerabl,
arguments in favor of its unconstitutionaty,
finally proceeds to say" 1t appeared on the
| whole, that the power exercised hy the bill,
was condemned by the silence of the c0nst-
tuition was condemned b. the rule OF inter
pretatiOn arising out Of the constitution was
condemned by its tendency To destroy the
main characteristic Of the constitution was
condemned ny the exposition of the friends of
the constitution, whilst depending before the
public was condemned by the apparent in
tention of the parties which ratified the con-
stitution--was condemned by the explanatory
amendments proposed by congress themselves
to the constitution; and he hoped it would
receive ITS final condemnation by the vote of
this housp."t Such were the awful denunca-
tions of MIR. Mad,son's reasoning on the un-
cOnstitut0nality Of the U. S. Bank: Yet the
constitution not having been altered in any
respect whatever on this point, we find him Civ
ing his assent to the establishment under the
same constitution Of The last u. S. Bank.
sincerely love Mr.. Madison fnr his numerous
services to his country but love my coun
try and IFS constitution more. We find Mr..
Calhoun too giving into this latitudinous con-
struction Of the constitution in his speeches in
congress on the last u. S. Bank. IL this an
tar manner of constituting the great charter of
our liberties be once admitted, we have in
fact no constitution. 1t becomes parchment
| only; and we might AS we'll "hurn il at the
point Of the bayOnet." There is no power
that an ambitious or vicious government may
desire, that il cannot obtain. Hit has not the
power iairly,it may obtain it unfairly by i'm
| plication, until our constitutional rights are
lrlttered down into nothing. Thisis the most
dangerous rock, on which we are most likely
Ia split. Infractinn after infraction, us,rra-
ton of power after usurpation, may take
place by insensiblr degrees, until we are lost
IN AN n-xtricabe labyrinth. Anarchy and
confusion ensue-and some ambitious despot
may aiise upon the ruins of the constitution.
But this is not the only measure in which
j. T.. Calhoun has proved himself violent
ultra IN the construction Of the constitution
One oil The last measures Of his, in the II. of
IL. was the bill for general system of Roads
and Canals over the whole body nf the u.
Statrs-a system in the very teeth of the con-
siitution, aud from which the wise refo of
Mr. Madison preserved as. The whole course
ut Alr. Calhoun's reasoning upon these sub
lecls shews him in fact Ia be Of the true fed
erai school in interpreting the constitution. Is
such Il one the man Of onr chnice? These
acts of his are sufficient tn make us dread the
exercise of has constructive powers on the
constitution and AS such, he cannot have the
least claims on the people, (who are or ought
to he their own guardians) for their suffrages
at the election.
| Mr.. CLAY.-The same objections apply To
this gentleman, that have been exhibited a.
Sainst MIR. Calhoun IL mean the extent of the
| constructive powers of congress.-it will be
| rrc"iircfed by the people, thar on the agita-
tion OF the subject, IN congress, few winters
Ipasf, VIZ: the constitutional power of con
gress To construct reads and canalst-Mr
clay became strenuous advocate far this
power under the powers granted to con-
gres5. Ii will also be rcc0llected by the peo-
pie, that the consultation is "a grant of
powers by the people Ia the general govern
inland that each department has its separate
ana con)oint powers granted in different
articles and sections and clauses of that instru-
ment. Among the clauses of that instrument
enun' raiing the powers of congress with re-
gard TO roads, sc. we find the following, art.
l, see q, clause Z: Z" Congress shall have
power 10 establish post Offices and post roads !"
Here is a direct grant Of authority 10 congress
ol power with regard to roads shelving dis
tinctiy by this specification that il is one Of
those branches of the So general welfare"
whlch congress are authorized IN consult
under the lst clause, 8fh sect. LIST article of
the constitution, viz. . and provide for Che
commend defence and general welfare of the u
States" Military roads too may he found
=" necessary and proper"-and therefore Mis
too may be clearly and fairly considered an
incidental power. Here contend the power
OF congress terminates. That the congress- of
these u. ). have not the power Of establishing
al. l..Is, .1u r.. a.. r
commerce, for instance, there can be no
question. They have not right to assume
jurisdiction over, and condemn, the soil of the
states for any purpose except those which are
expressly Delegated TO them, or that is fairly
Incidental, as military roads. This is AS clear
as the position that the powers of congress
are UNITED, and the jurisdiction over The soil is
right reserved To the people or the states.-
IL ca 1not be fairly drawn in as an Incidental
power as every one will perceive who reads
the constitution, and that it is not found therein
as an enumerated power. The 10th clause of
the amendments to the constitution, saws
expressly, The powers not delegated to the
U. >. by the constitution, nor prohibited by
u 10 The states, are reserved to the states re-
spectIvely or 10 the people," Ii Is conclusive
then, that the power claimed by Mr.. Clay is
not power fairly implied and not one ex-
pressly granted and therefore il will be an
usurptd power, Ifexercised without an amend
ment To the constitution. donot hesitate 10
say That the power ofimprovement for faci-
tating commercial and social intercourse be-
tween The different states ought to he given to
The general government but let them obtain
II constltutionay-bya amendment.
we find then, that Mr.. Clay's opinions do
not tally with the obvious meaning of the
constitution, nor with the republican doctrine
oil 1913 and '99, nor Of course with the true re-
publican doctrine Of 823, as professed by The
orthodox republicans Of the present day of
Virginia. Mr.. Clay too once found considera-
BILE objections to the old u. S. Bank on con-
sttutlonal grounds--but what is Inconsistent