Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-03-09

acts OF government which are essentially
wrong, and which no emergency can Justify.
are absolutely prohibited; and upon those.
powers which rulers are naturally prone IN
anssr, because connected with their own de-
fence, and liable &. the influence Of their
passions, positive restrictions are imposed
restraining their exercise To- certain su,cjfird
emergencies. Upon these principles. Con
Sress Is pi obibt"d from passing any law res
pecting the establishment of religion, ar tend
Ing Ia abridga the freedom Of conscience. of
speeci or of the press. Upon the same prin-
cipies. Congress Is prohibited from making
either honors ar crimes herediI ary, by creating
Jules o' nobility ar passing bills of attainder ;
and, also, from snspcnding the privileges of
the writ of tiabcas Corpus, except under cn-
cunstances, producing a sort OF state Becessi-
~ Tor that dangerous exercise of sovereign
power. And IL is worthy of remark, that the
state governments also are subjected To pre-
cisely the same positive restrictions, in all
eases where the powers under consideration
could he fairly presumed 10 belong to them,
under the general distributions From This
we are brought to the obvjnus conclusion, that
me convention did not regard the state GO
vernments, as sentnels upon the watch
towers of freedom, or in any respect more
worthy of confidence than the general govern
ment. One class ofpubIic agents, AS they are
not exempted from the passions, So they have
no claim to be exempted from the restrictions
belonging To another class, when both stand
IN the same relation Ia the people. 1t WAS wise
and provident, therefore, 10 restrain both from
the exercise OF powers, which are SO peculiarly
dangerous IN their nature. And here sir AN
answer ar once suggests Itself to a remark.
made during this debate, importing that the
same principles Of construction which Justify
the exercise of the power to make Internal
improvements by this government, go qually
to Justify the celebrated Srdiiion Law. The
nnc"nstItutionalty of that law resulted from
The express provision, "tiIat Congress shall
pass no law abrldging the freedom of speech
or OF the Press" Ii WAS violation of an ex-
press restriction upon the power of Congress
ana until gentlemen poiOt out IA similar re-
s,riction upon the power of improving the
country and developing its resources. they
must abandon the argument, deduced from
tins analogy, as indefensibIe. The only effect
OF Introducing such an argument into This dis
cussion, is 10 awaken associations ~ hich do not
belong TO the subject
Having thus pointed out the class of powers
winch is the proper suhiec ofposiiye resiric-
ton, lei ms inquire what is the principle u hich
governs the distribution ofihat r-siduary mass
oi useful and necessary powers, which con-
stltute The sovereignty of The nation, and
winch every government, ar system of
governments worthy az the uame, must eyer
cISe by some of lis funcionarIics In deter
inning whether given subject of legislation
snouio Deiong 10 Congress nr to the state ie-
g''ih'ures, the inquiry with the convention
was not, which al these will be- most likely In
abuse the trust, hut 10 which of them does
II appropriately belong, in reference both to
their organization aud the great objects thew
were desIgn"d 10 accomplish IL was not n
question OF civil liberty, but @fpolitical harmo-
ny. In TINS view of the subject, | would Law
II down as general rule. that all those SUBJ
lects oil legislation which concern the general
interests of the whole Union, " hich have n
pam ana obvious relation To the powers ex-
pressly granted and which, a single state go
vernmeDt cannot regulate, naturally belong 10
the General Government, unless il can be
s1ewD, that the regulation of those subjects
by Congress Impalrs the power of the Stale
Legislatures Id regulate their own internal
pollce. In laying down this rule, have been
governed by The living principle which per-
Vades and sustans the whole fabric efour com
pi is system "l government, political response
bthty. This should, in all cases, be co-px
tensive with political power; ; and whenever
me power OF Il government operates upon the
interests OF those 10 whom il is not responsi
Die. THERE'S precisely so much despotisn.-
MS IDEA cannot be better illustrated than by
the very subject under consideration. Roads
anu canals Tor the transportation of the mail
ana Tor bringing into efficient operation the
mlltary power of the nation, are Intimately
connected with the prosperity, the defence
ana the very existence of the Union. The
whole people ofthe United States are. there
FORE, interested in the execution of works of
TINS description. Let us suppose. then. that
Inc general government commence u road or
d canal Tor these general and essential puruos
es, through the state Of Delaware, and that the
government of that state should interrupt its
progress. What would be the political anomaly
PTessn'rd: Jhe government of Delaware
ehana'lnS from, and responsible 10, fnriy
,hnnsand psople only, would be seen con
'FoliInS The interests of the whole peouIs of
the United States, amounting to p.ariv ION
millions The people of the United States
nave no representative in the Legislature of
DeIaWare, and, consequently, no means of
comforting It's operations upon their interests
out ny the supremacy Of the law of this 60
NeFhment' In the case supposed, therefore.
'ne great interests of this republic would be
subjected 10 Tie action of pON eT having eve
~ characteristic Of despOtism. II is true. il
would be petty drspoiism, but il would NOT
on on tha' account, be less deapotc in principle.
II II would not directly endanger the liberties
"I TIE country, it would weaken its energies
ana embarrass The essential operations of the
g0'Frnmept. For, Sir, show me- in any of
''e Subdivisions OF this comprehensive scheme
~ ~ preventative governments y power opera
t'nS beyond ITS responsibility, and will show
you power unknown to the system-a com
~, itt loose from the power Of gravitation.
"nlch must inevitably destroy the planetary
na'mony by which that system is 50 admira-
biy characterized.
Let us now reverse this picture. and con-