Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1823-09-02

:" h. That The Convention ori5i6, between Great
Britain ami the unhe, States, does NOT ipierier,
with The perfect right If the State 10 pass aud en-
force the provision of the law in question: and &c Il,
I'D, 1t would not he obligatory upon the State, mas
much as the treaty making power, make no slip
niaton WHICH shall impair the rights, which hy the
constitution are reserve ed to the States respectively
or TO The people"
" ! shall also advert to the jurisdiction Of this
Cont and It's power afford the relief prayed for -
The strong point of his argument is found
IN the following extract:
Whatever may he the construction ms 10 the ,eo-
pie 81 The union, each State hss the right TO define
the CONDITIONS, upon which foreigners shall enter
their territories But il is coniended thai although
here be no express REIMBURSEMENT OF this natural
right, yet as Congress have power reguilts
mercc, they have the right exclusively Of prohibit
ing The entry of such persons as concerned in
navigation, aud those not prohibited by Com-
2ress, cannot he prohibited by the States ad-
INIT the right 10 regulate commerce, is an extiu
s,ve right but deny that the enactment of police
laws inringes that exclusive right. Were Great
Drha'" 10 send her conness or her ncudbtes TO our
shores, the prohibition of their entry would he no
regulation Of commerce The law in question: merely
effects the mode and prescr the manner in which
The commerce regulated by the Congress shall he
carried on Nothing difficult than 10 recon-
ciie the implied powers of Congress with the express
reservation OF the amendment of the Constitution
One tule should always govern: if the power in
question is expressly gwen its necessity 10 the
perfect exercise oil any delegated power should bs
obvious and ,ndispensahle-mere convenience is not
enough. From the first attempt of the United Colo
MES 10 act IN concert, the want OF uniformity, IN the
commerchl regulation of tie STATES, was felt ms
an evil oi no common magnitude But il WAS unifor-
miy IN The import and export duties in the Tonnage
aud the like, that Was complained of but thought
was ever taken oil preventing each Stale, making
suc laws In relation tn the entry and stay of foreign
ers as their local policy required. From the adoption
oil the Constitution To the present day, the several
states have continued To exercise the right unuues
linn
nc, aud confines our ciIiIens her hospitals, al
though we have no faith in coniagion. Yet, il we
cohtine her negro cooks 10 particular spot Char
lesion, told IL is y violation of the Constiiu-
uon. we have much more reason TO believe in the
moral c"niasion they introduce, than in ia mporl-
ton Of yeliow-fever However, as New York
judges for heiseli upon one point, South Carolina
has the right TO decide on tho other, especially
as she conceiycs her interests and safety, are at
sake.
eli, by the construction of the power TO regulate
commerce, the States can do nothing affecting those
who are concerned IN trade, hut what is expressly
enacted by Congress, then the laws Of New Yo k,
regulating Our quarantine unconstitutional. II -
felony To leave the quarantine ground, because the
tes oi the people of New York thought 10y them
Selves To he endangered by the presence of citizen
OF Charleston the punishment is absolute siarery in
The PenicniIary or Slate Prison. Ia Suuih Cari,
lima, think the presence of f. ee negro fresh from
The lectures OF an Aboiiion Society, equally DANCE
inns and we require his stay in particular enclosure
inns 10th StceS eTercise the right which nature aud
Necessity sanctions"
" Ii might he advantageous 10 surrender some town
OF post TO foreign government, with the privilege of
exercising martial law, YET treaty coul invade the
domain OF State IN these particulars. In short the
States retain their domestic legislatures and natural
powers and all the acts of tue general government
must leave the exercise of them FAR as necessary
Tor their preservation aud protection, unmpaired. II
will never he admitted as q sound Interpretation OF
the constitution, that the President and Senate pos
sess powers controlling the States, which were pur-
posely Withheld from Congress but the extent of
the authority of The treaty making power, must he
limited 10y the delegation Of powers by the States.
Construction has already gone Ear swallow up the
State sovereignles and it will he fearful il the
treaty making power, is To lie the LoiIomless guph.
mic which they are eventually To sink
For our own parts, should touch this
rered question with great reluctance. Enough
was said of it in the Cd Act Of the Missouri
Question, when the adopted Constitution of
The state was submitted to Congress.-We
have stated the facts and the arguments in
the case of Elkison.-No other remarks are at
this time necessary. The States have never
parted with this jurisdiction over their own
police. Their right Of self preservation l. too
dear TO them our fathers never meant To give
it up. The words Of the constitution can be
fully and truly satisfied without such con-
cession.