Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-02-16

'ne law Does then the decision of the JuJye.
' tue Statute law Is void when inconsistent W th
-. '''ioh, eVince that the judiciary is para
mount TO the legislative department of eovernm.n,,
u doeS not II merely evnces the superior ,u,hor;,,
VI .ne constitution TO them BOTH The deci.;o
w" makes the act OF the Legislature void +.
virtually, that OF the Constitution. not ,b,, os ,L
suuses' 1he Judges cannot leg islate; nor. bav,
me constitutional power 10 declare anv T.e-
Constitution ss""n' 10 the
Mr.. N. said, the " report of the sne.;.l ,o...
Ie' next alludes TO certain acts of tie Ie-;sI,,.
Inc first. is an act passed al ti,r Last
SESSION. on congress 10 procure plans and .s,;
mates OF certan roads aud canals'' of which the
eoh''''ee state" they have not been able TO nro-
cure copy, bat they believe it does nothing more
'nan institute an enquiry, alter which future stens
may be taken; it determines no,hinq Itself ~ IRA
scheme OF internal improvement.
~ really seems 10 me, if the Ultimate object fo,
m''c" 'his act was passed Is unconstitutional ,b,,
'he aet itself must partake of the same spr;t Is
u no' ABSURD to say, that Congress NAV take nre-
urinary steps TO an unconstitutional obect9 As
We. may II oe said' that, that body may enioy
means without the power of attaining ends IL
IS 100 clear 10 admit of doubt, that If Conorss.
i.As NOT Tue power TO execute work that i, has M,
lac power oil projecting plans for its .xecu,ion
he report continues - when such acts of a..
gross are passed. (aliudng to those RELATING TO ,bs
~, ~ VI scHehies oil internal improvements i.
WI! be time enough to devise remedy >, r.
lerrins TO the laws of The second session If ~,
Congress, you will fird that acts for the mn,o,..
Heht on The Mississippi and the Ohio of the b.r.
DOT OF PreSQue Isle, on Lake Erie. and the 49,.
Vi plymouth Beach, are passed, and were in eri..
'ehee some time previous to the report of the sr.
e!ai committee. Such acts, then, having passed
,i ie "n!e mas aFriyei 10 . devise remedy And
the question Is: Has Congress the cons,i,u,;nn"i
power to project and execute schemes Of ;n,s,nai
improvement! The language OF the Cons,i,n,;o,.
OF ihe United States is s. the powers pot dsIoo.
leu 10 the United States by the Constitution, 20,
pfohiuiied by it to the States are reserved - ~
states respectively, or to the people,, Is the
pomei III question clearly delegated to the general
sUserh,hea' or mol! The advocates for it, yirt,r
any admit that II is not, from the fact, tha, ncarl.
all OF them, rely on different parts of the same n
s.ruinent, Tor the same power. Now. if i, yve,s
clearly gwen, there would be no doubt with 70.
gard 10 The part OF The Constitution imparing H.
power not expressly given, is it implied, or
nor y certain class OF politicians contend ,b,,
II Isl ana mere will adopt this sound principle rs
9"--'hat " an the grant of sovereign
power by sovereign, there ought TO be a stroog
implication 10 support an implied grant; for sovcs
'esh cannot se supposed willing to dismiss its
powers by slight Implication; to suppose this ;s a.
suppose sovereign willing 10 commit poIi,icsi
suicide. then behoyes Tie advocates of his
800 ~ sue" ,iaI IL exists Well, in order to
que" 'h,' II e$s's 1t Will be requisite for them 10
prove, that it is Sc necessary and proner >, Co. ~
'yinS some delegated power into effect. For
says MT Madison, a g tendency merely IN mr.
mote an object for which Congress is authorized
70 provide, does not justify lis adoption; estah.
ish ihs doctrine, and you give Congress unbound.
eo power; Tor In the language of great states.
man. IL Is imnateriai, whether unlimited powers
are exercised IN the name Of unlimited mowers
or IN the of unlimited r.
limited powers into effect Is then The incidentsI
power, In question, dervabe from The grant, r,
order to decide this, said Mr. N. it is necessary
10 refer 10 the most important parts of the grant
-eiied on by The advocates OF The power and In do
nS so, he pledged himself 10 the Committee. TO
i'oid as much as possible, repetition of the ar
suhenis advanced by his learned friend from Yofl-
MIR. sTnith,) the range Of argument, said he, &
=
10 proceed, Congress shall have power 10
establish Po7 offices, and Post roads - have al
ways thought IT extraordinary peryersion of
principles and terms, TO contend, that the erof
making roads and canals, is given TO Congress bv
mis- clause OF the constitution In fact, congress
has no; the power to establish (much less 10 makel
any other than post roads. How easy would il
have becH Tor the Convention 10 have given more
power IN relation 10 roads, by merely striking out
lhe word pest, had all intention Of that kind exist,
ed: and then, the Constitution would lave read
congress snail nave power to establish roads But
Inc insertion OF the word post, clearly desisnates
lie Kind, ard the kind only, that Congress shall
establish i his view, is strengthened by Secret
Debates PIG, where you may find strong ,-es,,mn.
i've proof, at least that The Convention intended
That the power oil Congress should extend. only,
to establish post roads. But it mus, not be forY
gotten, that the power to establish, is quite DIFF
ierent from tie power to make a road. not,yitb
standing the extreme case gwen by the gentleman
rflppfIgi1 md her 80. he. iii. e
some definite idea 10 The word establish as used
in this clause; it is beneath tie dignity of this sub
eci, TO 90 into nice pathological discussion:
VIII, therefore, IN one moment, give what appears
TO me 10 be the constitutional meaning of H. In
ri the statutes OF Great Britain and Of this conn-
Try, you will find, whenever the power is given to
construct road, the expression, "Iau ont ami
make, Is used, In cOniradstinclion to the word
establish, which latter word only means TO imoart
a legal principle TO a road already in esse. This
WOrd, gave rise to some difficulty in the State
Convention Of Pennsylvania An appi ebension
was EXPRESSED, that COngress might Geriye there
from. the power OF cutting pct roads. and Mr..
Pickering rose, and eXglaicd 10 the satisfaction OF
the convention, that 1t only gave Congress The
power Of designating what roads, slready ia exist
ence, should be used for post puyyCSes.
Anohe part Of the constitution relied on by
the advocates Of internal Improvements, is, that
" Congress shall have power to regulate com
meTce between the States PyODItsfcs Ike
they have tortured this too, TO unnatnra purposes
And viii merely remark by way Of disaissing it.,
(ior time fofbids mc TO exretsie, that the princi-
pal object OF this part oil the constitution, was 10
prevent one STATE, from imposing commercial res
triciions uron another; This power was enjoyed b.
tic States, under tie Conlederacy, aud was one OF
TIE Crying evils ~ the considerations Lence, IL
was found important 70 vest The power o. +" fezu-
iaiing commerce." IT, sac hands OF the general