Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-12-07

those OF the political school WHICH YOU have lately
Joined-but depend upon it, your intelligent read
ers will commissera,e either your want Of judg-
men', or the desperation to which you are driven
1t Is amusing to see with what sef-conplacency
you can laud Mr.. Madison's opinions, when, by a
little dextery, they can be made even to seen; TO
sustain your POSITIONS, and with what ingenuity
you can Gull them out from among those that are
directly against you. You must know that the
celebrated Virginia Report Of '99 was from the
pen OF that great sia,esnan-that this paper con.
tains not only his political creed, but the
consecrated creed of the whole Republican party
In former number we referred TO this paper: we
quoted copious extracts fully sustaining our OPT
mons. We produced other authorities equally in
point. But we went farther-A ppealing from the
authority OF high names, to that of reason and ar
Sument, we took up the Constitution itself, ex-
pounded lis theory according TO our doctrines.
compared 1t with the theory which you maintain
ana pointed out the dangerous consequences of
your opinions. To all this you have not been
pleased to make the least reply. Instead of doing
so, your time has been employed in hunting up old
authorities" which you distort as to make
Them serve as preceents for your Justification. The
use you have made OF Mr.. Msdi-ons name, in the
case just noticed ought satisfy your readers tina,
your authorities and quotations must be taken with
many grains OF allowance. Whoever contended
that there were no incidental or implied powers?
i
impossible Tor the " Constitution to descend TO
the minutia" OF all the powers TO be exercised -
1he particular classes or subjects of power are
enumerated, IN terms; then follows the general
grant OF all powers &c necessary and proper'' for
carrying the foregoing powers into effect or, in
the language OF the Report, 'fiiirly incident to
then. but that no doubt may as to Mr..
Madison's own opinion, to the reasons for
emitting the word Z" erpressiy"-or thar the on,is
sion oil 'nai word does not enlarge the enumerated
powers, but only shows that by eecessayy isapk.
eat'on the necessary and proper" means are
gwen LOT me execution OF the enumerated powers
we refer you to the follow ing memorable passage in
his Report. Read il, gentlemen, and recollect il
1t furnishes the tests of all powers, claimed or
assumed:
g The plain import of this clause is. that Com
sress shall have all the incidental or instrumental
powers necessary and proper for Carrying into ex-
ecuuon all The express powers; whether thew b-
vested IN The Government of the U. States. NOR.
collectively, or in the several departments, or Off
GERS thereof. 1t Is not grant of new powers 10
congress, but merely declaration for the removal
vi ali uncertainty that the means OF carrying into
execution, those Otherwise granted, are included IN
the grant.
Nv henever therefore guess, ion ars es CONCERNING,
the consl'u'ionality OF particular power the frs;
question Is, whether the power be expressed in the
Constitution. Ii it be, the question is decided.
" II 6e not expressed, the next enquiry must be.
whether 1t is property an incident to an erpress
power and necessary to ats execution. Ifube,
1t may be exercised by Congress. If II he yof
Congress cannot exercise H.''
Here, Mr.. Madison erpressly saws tho, ,b.
original powers in the Constitution mus, he o.,
press; and that none others exist, except those
which are g property an incident TO an erpress
power, and necessary 10 its execution MIR. NJ.
explanations OF TINS feature in the Constitution have
oeeh uniformly The same, and by 10 means
contradIcted by The quotation you have made
Your doctrines as TO implied powers; the power
OF doing any thing not =" contrary to the consul.
tutIon," which shall be deemed conducive m ,h.
general welfare, and of appropriating money win
out any defnable limit towards the execu,;o, IS
such powers, we repeat, are directly AT war with
the genius OF our government, and with the nr;,-
clples OF every republican Statesman in the cnn,.
Try 10 use the very emphatic language of a verv
aiSu"s uishea man mat man must be deploya-
Die idlpt who does not see that there il mn
earthly difference between an unlimited graz, nf
power, and grant limited in lis terms but accom-.
panied with unlimited means of Carrying it into
execution. Under the vast range of these con-
struGiIve powers, which YOU have assumed he
government may put at defiance the barriers which
It's founders thought fit TO interpose be ween il and
me rights OF the states, and the beres Of the people
1t Is impossible that the People can quietly ar
hl un
been, from the election Of Mr.. Jefferson ,vont IN
repose confidence in the patriotism and repubIican
Ism Of their servants ReposiDg in faDcied security
they nave not lett the oppressive arm of po,ver -
they have heard from those who want their favor
thing but ardent professions of devotion TO their in
terests--they are constantly told that the govern
ment Is OF their own CHOICE and It's administrators
are under the coniroul OF the elective franchise
all the exercises of power, complained of b.y.
been exclusively directed TO their agsrand;z
and happiness. Under these circumstances. tbav
have ioroorne to look closely into the political dis
cussIons OF the day. or 10 trace this or that theo,y
10 its inevitable result. But the day canno, he
tar distant when the sleeping Lion must awake. -
The scenes oil Us must be again reacted. if the
doctrines OF the present Executive, Of which Won
are the avowed champions, be persisted in NJ,
else we shall soon have :" a monarchy wi,hou, H. n
title
Before the Heroes who achieved our indsDen
dence have sunk into the tomb, we see men ab,n-
doning the charter OF liberties; disresa,di,,
the lucid expositions OF our wisest statesmen and
puresi patros-and zealously searching among The
brief records OF our political history for preceenfs
to justify the most papable usurpatio1ls of power
i' gentlemen, all the authorities and precedeats
you have collected In your six and an half CO.
lumns, triumphant as you seem to ;u,oo;ne
them, we might with propriety apply to them the
following language of Judge Roane:
" The warfare carried on by the legislature Of the
Union against the rights of the states and of the
people" has been with various success, and al
ways by detachment. They have not dared IN
break down the barriers of the constitution by
general act declarstory of their power: 1ha,
measure was too bold for these ephemeral deputies
of the people. That people hold them in eheck
10y short rein, and would consign them 10 merit
ed infamy, at the Eext election. They have adopt
ed safer course. Creced Eu,solo is their ma vim.