Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-03-19

gress is empowered to adopt.n And, with re-
gard to the Sedition Act, they said that a law
to punish false, scandalous, and malicious wri-
tings against the government, with intent to stir
up sedition, Is q law necessary for carrying into
effect the power vested by the constitution in
the government of the United States, and in the
departments and officers thereof, and, conse-
quently, such a law as Congress may pass.n-
Such were some of the arguments used to justi-
fy those Unauthorized and tyranincal acts. The
mann question is the same now as in 1898, the
exercise OF implied powers, not included in the
granted powers. The people decided that those
acts were unconstitutional, as well as inexpedi-
ent, and made an entire change in the admins
tration ofthe government, on the ground that
the constitution had been violated. The exer-
else of this incidental power, then, went to a
bridge personal liberty and the people felt it.
The exercise ofincidental power, now proposed,
invades the authority of the states; the state
governments will feel it and their opposition is
as much to be avoided as the opposition of the
people. The pretencc then was, that the safety
of the nation required those measures; the pre-
tcnce now Is, that the prosperity of the nation
requires the measure proposed But the natl
ON was then safe without the Alien and Sedition
Acts; and the nation will now prosper without
the passage of this bill
Sir, there will arise in every nation, whose
government is not entirely despotic, two parties;
the one In favor of extending, the other for "a
bridging or limiting the powers of the govern
ment. There will be found individuals of every
shade of opinion, from those who favor anarchy
to those who favor despotism. But question
relative to the extent of power has only two
sides, on one or other of which allmust arrange
themselves !; and it must be admitted that, on
this occasion; we advocate the cause of freedom,
while our opponents advocate the extension of
power.
What power did the people intend to grant to
this governmental 1t has been said that this is
a national, and not a federal government; but
1T is obviously federal government in all its
branches. This government rests on the state
governments :. and their preservation alone
shews this government to be federal. T Here
MIR. s. read from the constitution. g The House
of Representatives shall be composed of mem
bers chosen every second year by the people of
The several states Wv hen vacancies.happen in
representation from any state.p] But the qucs-
ton IS, w hat are the granted powersa And it
makes no difference in the extent of those pow
ers that the representatives ofthe states in this
branch, are chosen by the people. would ask
whether an amendment of the confederation,
providing that the representation from each
state should be chosen by the people, would
have enlarged the powers of the old Congress ,
Icontend that it would not nor would that go-
\
ment. %
The constitution was designed to form a oo.
yernment with special granted powers, and re.
latmg, generally, to external objects. There
lhr. s. read from Gen. Washington's letter ac.
companying the constitution the following clau.
ses "The friends of our country have long
seen and desired that the power of making war
peace, and treaties, that of levying money and
regulating commerce, and the corresponding
lpyrf five
ly and efectualy vested in the general govern
meat of the Observation-Disclosures entering into
society must give up share of liberty to pre-
serve the rest."] The states gave up share of
power, but reserved the residue. GAIL iegisla-
latlve powers herein granted shall be vested in
a Congress of the United States.n Between
this government and a consolidated govern
ment, or that of "a state, there is this difference
"a state government possesses all legisla-
tive power limited by reason only which
is not expressly withheld by the constitution,
or bill of rights-but this government pos
sesses only the powers expressly granted
to 1T by the states. This was the true con-
struction of the constitution before the adoption
fthe tenth amendment, which declares that the
'spowcrs not delegated to the United by the
constitution, nor prohibited by it to the states,
are reserved to the states, respectively, or to
the people" You possess certain granted pow
ers, and power to pass laws necessary and pro-
per for carrying into execution those powers
But you claim Incidental powers. If they are
included in the granted powers, they pass; but,
ifthey are not included, they do not pass. If
the power claimed as incidental is a part per-
Torrance, a part exercise of the granted power,
IT is included in the granted power, and given.
Thus, by the power to raise and support ar
mics, you may determine on the number and
kind of troops, direct enlistments, prescribe an
oath, maka violation oft perjury, punish de-
sertion or seduction, and so on; that is, whate-
yer Is part performance of the power, you
may do; but you cannot exercise ungranted
powers, because they would facilitate the exc
cution of the granted power.
1t is important to understand what powers the
convention deemed distinct. They have con-
sidered power tolay and collect taxes as dis
tinct from power to raise and support armies;
and that power as distinct from power to provide
anu maintain navy. They considered powers
to establish uniformlayvs on the subject of bank
ruptcies, to coin money, and fix the standard Of
weights and measures, as distinct from power
10 regulate commerce. 1t is not sufficient that
the power which you claim as incidental is a
kindred power, it must be an included power;
Tor, fit is distinct, it docs not pass. Is it seri-
o'Isiy commended that, by the power to declare
war, the powers to lay and collect taxes, raise
ARMIES, duo ProYlue naVIeS, would pass! The
confederation had power to declare war, but no
power to lay and collect taxes. Declaring war
only changes the situation Of the country; the
war, when declared, must bccarried on by those
who lave powers for that purpose. You are the
agents OF the ssates your powers are to be con-
strucd strictly; you are not to despoil the state
governments Of authority which the states have
not granted toyou.
will proceed to consider that part of the arr
gument Of the friends of the bill, which claims