Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-03-31

far as regards any efficient agency in the political
concerns of the country. All political powers
being thus absorbed by the then federatve, the now
consolidated government, involving complete
revolution in the civil governments of this Union
But, says the Message" The constitution, under
which you are assembled, is charter OF limited
powers" Indeed!! Who would have thought
it!!i This declaration cost the President only one
a. praiion: q is charter OF limited powers theo-
re;icaly or practically! As theory. the decia-
ration il" vox ct preterea nihil but where is the
practical limitation upon the powers OF the general
government recognized in this message! Are
these not virtually excluded by il? Can it be found
in this exposition. " If these powers, and others
enumerated in the constitution, may be effectually
brought into action, by laws promoting The i'm
provement of agriculture, commerce, and manu-
features, the cultivation and encouragement OF the
mechanic, and of the elegant arts; the advance
ment of literature, and the progress Of the scen-
ce ornamental and profound, to refrain IRON
exercising them for the benefit of the people them
selves, would be to hide in the earth, the talent
committed to our charge-would be ueachery to
the most sacred of trusts All for the benefit of
the people themselves nothing for the usurpers-
always dazzle the eyes of the people with the gilt
tering tnse of fair delusve promises for their
own benefits: The common cant of every u
supper. Now, it is asked, if all these powers
can be brought into action by laws, as the means
OF exercising the specified powers not being speci
fled powers themselves, what powers remain
to the state governments, as the ends, for which
they were instituted? There are none. This ca
talogue Of means absorbs all the ends intended TO
be answeiedby the establishment of the state go
vernments; and thus stripped OF all their powers,
render them utterly useless. But, suppose this
talogue of powers should not comprehend all
conceivable governmental powers; may not all the
| remaining powers be usurped, when wanted, by an
epCinu oft ut ttae
subtle ar6ce, which asserts jurisdiction over this
catalogue of powers, extend the catalogue at plea
sure! II cannot escape observation, that asserting
exclusive jurisdiction over this catalogue OF powers,
as means to other ends, by the mere action of
laws upon them, is an implied admission that these
powers, are not amongst the ends, for which the
constitution was formed; and only be usurped,
as means to effect the granted ends, and this
can be done, only through the action of laws, to
be exerted over them. This theorec constitution
al limitation then, is here expressly annihilated by
practical subtletie.: by mere cunning artificial
game of means, for ends land is not all limitation
upon the practical government expressly disavow-
ed, by the derivation of powers, from the objects
OF all civil constitutions? From the social COM
pact! From the designation of duties to social
man, by the author Of our existence? From all
association of the practical governments with the
other governments Of the world, whose institutions
are unlimited! From refusing to be palsed in the
exercise OF unlimited power, by the will of con-
stituents? The claims of the derivation of powers
from these underlined sources, not only do not adj
NIT any limitations upon the powers of Il e practi-
cal government, but exclude all such admissions
The President when in quest of the enlargement, of
powers, can condescend to call in the aid of pre-
cedents, enforcedby the deserved high authority OF
then authors. For this purpose he calls up the aid
OF President Madison's recommendations, in the
following words
" Nine years have elapsed since a predecessor
IN this othce, now not the last, the citizen who
perhaps, OF all Others throughout the Union, con-
trlbuted most to the formation and establishment
OF sur Constitution, in his valedictory address to
Congress Immediately preceding his retirement
from public life, urgently recommended the revi-
sion oil the Judiciary, and the establishment OF an
additional Executive Department. The exigen-
cles OF the pablo service and its unavoidable de-
hciencies, as now in exercise have added yearly
cumulative weight TO the considerations presented
by him as persuasive to the measure; and in re-
commencing it 20 your deliberations, am happv
to have the influence of his high authority, in aid
OF the undoubting convictions of my own expert
ence.''
Here IS justly high authority pressed into tie
Pfesidents service Tor the enlargement of his Dat
ronage, upon a subject comparatively trivial, and
limited, with how much more proprety nigh,
not the President have called upon the same high
authority to limi: his usurpations? TO leave the
power to make internal improvements, where il
was placed by the constitution? The same biob
authority, after full deiberation, under crcumstan
ces demanding the most respectful caution and
c"cumspcction, so!emnly determined, that the
constitution had not granted the power TO make
internal improv ements TO the general government.
30 certain was he, of the correctness of this deter
mina'ion, that he incurred the high responsibility
oil putting his constitutional veto upon bill which
had been unadvisedly passed by Congress, involy-
ins the exercise of tina; ungranted power Upon
this point, President Madson's authority ought to
nave been considered orthodox and almost as
binding, as Precedents in courts of law Because
he had been, not only of the most active fra
mers oil the constitution, but one of its most atten-
i've and orthodox cotemporaneous expositors-
The Presidents obec; be mistaken in RELYING
upon the h'gh authority of President Madison in
one case; and rejecting him altogether authority
III 'he other! Does it not demonstrates that his OBJ
Ject Is TO catch at every thing, which will tend 10
give him power; and to frown upon every thing
which can end to .bri ge ris power? The Pres
dent also calls upon President Washington as high
authority io Increasing his power in another case
IN all probability an unprecedented one but even
MS high venerated name loses all its charms and
ihnuehce, when 1t most wisely ushers forth its
solemn admontions against all usurpations of unjust
and unconstitutional powers. Thus. when noyver
is 10 be accumulated, President Washington is in
voked in The following words:
" 90 convinced OF this was the first of my pref
dectssors in this Office, now first in the memory
as, living, he was first IN the hearts of our country
that, once and again, in his addresses to The Con
crosses, With whom he co-operafed in the public
service, he earnestly recommended the
OF seminaries of learning, to prepare for all the
emergencies OF peace and war "a national uniyer-