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

I" not contrary to the Constitutions And your
other expressions are in the spirit with this
sweeping assertion. At one time you have con, end
ed tina. Congress is not strictly bound by the specif-
cations of the instrument; but may exercise powers
strictly included either within the specified ends
or the :" necessary and proper" means AS speci-
of your opinions, you claim particular
which cannot be logically reconced to one the
other. At another time, you unhesitaiingly sub
scribe to the Shibboleth of Mr.. Adams faith; "a
dopting not only his measures, bur justifying his
principles; thus saying at one moment that the pow
10 better the condition OF the people. sppertains
to the Federal Government, as well as so any
other that they flow from the very nature of govern
itself; land in another moment agreeing with
him. that in certain general clauses of the Consitu
ton itself, is 10 be fousd jurisdiction extensive
with ''the Improvement of Agriculture, Com
merce and Manufactures, the cultivation and en-
enlargement of the Mechanic and the elegant
Arts, the advancement OF Literature, and the pro-
gress of the scicnces ornamental and profound" In
fact, Si- where the deuable limits the powers
oftbe government? Where can we say with Canu,e,
Is Thus far shalt thou go, and no farther? The
barriers erected by the Jealousy of ou fathers
to be heedlessly thrown down. A limited and
defined government is TO become illimtable and
undehnahle. And as one admirable specimen OF
your lati;uGnaran principles, you have recently
serted the right OF Congress to appropriate money
for the expectation of our manumitted slaves. When
called upon to designate the clauses, under which
YOU would smuggle this and certain other mea-
sures; when told that you must either abandon
them as indefensible or defend them on the broad
ground Of the general welfare" you either
eiude the question, you atemp; to shelter them
under such other measures in the slatute-book,
bear the ss est analogy the question under dis
cussio. hen hard pressed for authority,
this is your last resource. You hunt up some
provision in the laws, which in the most dis
tant degree resembles the power you seek 10 jasti-
fy No matter by what strong diversites it Is dis
tinguished: matter with what little consde-a-
ton it originally adopted You enlist il in your
service. You have but to hold that practice unal-
terably inter- res the Constitutions; and then by
strained analoges, to shelter your usurpa;ion
under some old one; some oJiter dictum OF the
buried moment; some bold assumption of party
power. With you, every usurpation consecrates
itself. II Is but 10 take, and II shat be granted.
BY this supeIserviceable rule, the Alien and Sed:-
tion Laws might be engrafted into the character of
the and.-Such the extremilies TO which you
driven by the extravaganza of your docirines.--
Such are the doctrines against which enter
protest. You would in fact concede nearly all the
grea, powers of consolidated government. Yoa
would cut up by the roots the purposes of the fathers
of the Constitution. You would at put down
the safer exposition of that &c venerable ins,ru-
ment," which solemnly sanctioned by the
voice of the People in the election OF Thomas
Jefferson
He again have argued, that the Government is
one oil speched and limited powers; withdrawn f. ON
the several state sovereignties for the accomplish
ment of national purposes only. Our entire ex-
ternal relations have been confided 10 it, together
with cognizsnce over few enumerated subjects
of internal Jurisdiction. The Constitution certain
| ly does not convey to Compress general iegisla-
tue powers, but the legislative powers g herein
granted "' The Feleralist'' states that the uris-
diction of the general government extends to
certain enumerated objects only, and leaves 10 the
states resduary and involable sovereignty over
all other objects that in the a,elc well as the
old government, the general powers are Limited
and The states, in all the unenuinerated cases. are
left in the enjoyment of their sovereign and indie
pendent Jurisdiction that the powers gwen to the
general government are few AID defiaed and that
all authorities of which the states are not erpH-
citty divested IN favor OF the union, remain with
them in uil force; is admitted by the affirmative
grants to the general government, and The probbi-
tons of some powers, by negative clauses, to the
| state governments"
| &. 1t said by Mr. Madison, in the conven-
| ton OF Virginia, that the powers OF the general
government were enumerated, and that its legis-
lative powers are on defined objects, beyond winch
1t cannot extend its jurisdiction that the general
| government has power but what is given and
delegated, and that the delegation alone warranted
the power and that the powers Of the general
| government are but fetc, and relate to external
objects, whereas those of the state relates TO these
| objects which Immediately concern the prosperity
| OF the people,
| " 1t resolved by the legislature of Virginia,
In acting upon the celebrated report of 1893; fof
which Mr.. Madison, the great patron of the con
sitution, was the author that the powers vested
in the general government result from the coHpact
10 which the states are parties; that they limit
ed by the plain sense OF that instrument, 1.-THE
constiution,) and extend no further than they ar
authorised by the grant that the constitution had
been constantly discussed and justified, by its
friends, on the ground that the powers not given
to the government were withheld from it; and that
if any doubts could have existed on the original
text OF the constitution, they are removed by the
| 10Th amendment that If the powers granted be
valid, II IS only because they are granted and
that all others retained: that both from the orig
inal constitution and the 10Th amendment it results
that it is incumbent on the general governmet TO
proue, from the constitution, that ii grants the
particular power that il is immdteriaL whether
unlimited powers be exercised under the name of
unlimited powers, or under that of unlimited
means of carrying limited power into execution
that in all the discussions and notifications of the
constitution, 1t was urged characteristic Of the
government, that powers not given were retained
and that none were given but those which were
expressly granted, or were FAIRLY INCIDENT
to them and that in the ratification of the con-
stiluiion by Virginia, it expressly asserted,
that every power not granted by the constitution,
remained with them, (tbe people of Virginia, and
at their WILL
Such is the general theory of the Constitution,
as derived from the best authorities, its whole his
tory and It's whole character. But, it suits your
partial mode OF argument 10 represent US as
contendng for iitf-laced construction, which