Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-06-01
4 NEW DOCTRIYE

" II il conclusive TO our minds, that, if Con-
sress may conslu'ionally legsls;e upon subjects
not specified in the grants of powers enumerated
IN the Constitution !,7et their power to do so is
not derived from he term general welfare," as
quoted above. We should rather seek i, in the
amendment OF the Constitution, which says
- Phe powers no, delegated to the u. States
ny the Constitution, n'r prohibited by it to the
States, are reserved To the States respeciipcly or
TO THE PEOPLE
" The power TO cut roads and canals not being
specified IN the Constitution, is consequently nos
delegated TO Congress, by that ms rument, bur re-
served 10 the States, or, to the people. Is II q
violation OF The Constitution, then for the people
themselves, by consent, or positive Injunction,
speaking through their representatives in Congress
TO delegate OF their accord. po. ers WHICH the
Constitution had reserved TO Them the Tree exer
else Of! We confess are staggered by this pro-
position, and Will be thankful for the assistance OF
those who have studied the subject deeper than we
nave been able to do We are friendly TO sys-
tenn OF internal improvement upon a wise and an
economical scale, if i; can be prosecuted without
Infringing the constitution, the sovereignty of
the : ates; not otherwise. Rather amend The
Constitution so that 1t may cOncede the power,
than wresi II by violence, or strained consuuc-
tons. even though the general welfare be the
Plea
Such are the terms in which the las, Norfolk
Herald speaks OF the question Of Internal Improve
ments. We are happy to see its Editor agreeing
with the Old School IN the opinion that the pow er
10 cut roads and canals Is not delegated TO Con-
sreSS by that Observation-Disclosures Is reserv-
ed to the States, or, to the People The Editor,
howe no clears hInself of an error In this
aspect, cut seems, 10 Us, TO fall into new and
more extraordinary suppoSiIion. He -sks, WHY ,
u tails power be reserved 10 Lhs people th=mseves
they may not, &" by consent or positive iniunc-
ton speaking through their Representatives. IN
Congress, delegate Of their own accord, 70 yers
which the Constitution had reserved TO them The
Tree exercise ot!" The answer IL manifest be-
cause, there would be no occasion for ,crit en-
constitutions at all prescribing powers only
1t II were always in the power of The represents.
tIVes OF the people, presenting upon their consent
10 exercise any powers which those representatives
might piease and because written Constitution
Is always the law of the land, and its provisions
b!nding on the officers chosen administer its
powers, until it is altered by the people them
selves In Convention, according 10 the Gorms o.
amendment which the last Convention have pre-
scribed. Tie Constitution of the u. States Itself
marks out how II Is TO be amended; that Is 10
say, bow its powers 20 be enlarged, curtailed
or modhed. And this Is done, not b. the peo-
pie speaking or supposed to speak. through their
Representatives ia Congress (speakiBs too by
their votes on the actual measures winch arise
UeioEe tnenl, anu oy OdTe nI0JOTity of votes too
- but by three:tourthS of the Legislatures OF the
several States, or by Conventions In three f0.4rthS
thereof, ageeably to the formula laid down IN tie
9TH article Of the Federal Constitution. in no O.,
ther way, can power not delegated 10 the u.
Saes, but reserved to the States, or to the people,
be hereafter - delegated to the u. States" This
is uniformly the light IN which the question has
been considered, believe, from the Foundation of
the Constitution 10 The present day and II IS .orne
matter OF surprise to that the respectable Editor
of the Noyolk Herald should moot az an entirely
new doctrine. With the closing sentence of tie
Herald, we most cordially concur; Rather a.
mend he Constitution that it may concede the
power, than wTes it by yioleoce or strained con
strUetions, even though the general welfare be tile
plea This is the ground we have uniformly TAX
en-. We wish the disputes about roads, canals
banks. &c. settled in this way TINS is me
dictate OF common sense, well as the true
theory OF the Constitutional it was eXpoundsJ
by George Clinton in his casting vote against the
renewal OF the Bank of the Unted States But
this course will be 'aken by Tie present lalI-
tGdinarian Administrator.