Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-02-19
RICHMOND, FEB. ~.
FOR THE ENQUIRER.

If Congress have not the power, il is annibi-
lated tor the Nation-a policy, without example
in any other Nation, and not within the reason of
the solitary one IN own"
And, has 1t come to this, that a member of the
Republican Family, in whom much trust, such
great confidence has been placed, advocates before
the public, a doctrine totally at war with the
fundamental principles of the Federal CONTACT
the league aud agreement of the States with each
oIher! In 1880, the Legislature of Virginia de-
c'ared, G. that 1t viewed the powers Of the Fede-
raj Government, as resulting from the compact to
which the States are parties''-which in the Re
port oil $50, drawn by Mr. Madison, is said to mean
g that the Federal Powers are derived from, the
Constitution, &C.; and then the Repor. proceeds.
"Clear as the position must seem, that the Fede
raj Powers are derived from the Constitution and
J'oM mar none, the Committee are not unappriz-
ed OF late doctrine, which opens another source
OF Federal Powers, not less extensive and imporf
ant, than 1t is new and unexpected" This promo
stion, that the powers of the Federal Govern
ment are derived from the Constitution alone ba.
been confirmed by the voice of the R.publicaD
Party, repeatedly in Virginia, and seems 10 be al.
most universally admitted by those who do belong
TO that party throughout the Union; and vet Mr.
Madison. the author OF the Report, which iustifi-
ed the Resolution of the Legislature of 1895 now
opens another source of Federal Powers. .. NOT
less extensive and dangerous than il was unex
Pected." He pia My infers the power of Congress
to protect manufactures, from the circumstances
that II they do not possess that power, under the
foreign
" the power is annhlated for the Nation" What
are we at this day to be told, that Congress can ex.
ercise power not granted; because, other WISE nei
Their the Federal nor State Governments, could ef-
fectualy promote the welfare of the People. This
is new from Mr. Madison; but it is an old federal
doctrine, repudiated by the Republicans, and ex-
posed In all its deformity, by the Report of 1899
drawn by Mr. Madison himself.
1t had been commended, that the Alien ct was
unconstitutional, because the removal OF Aliens
he nff l,a vofa g.
10 this objection ii had been answered that "as
the Constitution had given power to the States
to remove Aliens during the period between the
adoption oil the Constitution and 1908, in the mean
time, OH the construction assumed, there would b.
no authority III the country, to send away dange-
gerous Aliens. which could not be admitted"
To this answer TO the objection to the Alien
Law, Mr.. Madison, in the Report, replies, that
the reasoning in this answer would not i'm any
view, be conclusive; because, there are powers
exercised by most other governments, which are
withheld in the u s., by the People both from the
Federal & State Government and he exempljfies
this position by the express prohibition OF Tax on
Exportsso that neither The Federal State Gov
ernments can exercise the power.
But, il was not the inconclusiveness of the rea |
sonng in The passage cited, which chiefly attract |
&c the attention of the Committee - I, yyas.'
says the Report, g the principle assumed by il.
that the powers held by the States were given to
them by the Congress Of the u. S.; and the infe |
renee from this principle, " that the powers sup |
posed to be necessary, and not so given to the
State Governments, must reside in the Govern |
nent of the U. s." But, the Report does not e. |
ven stop here. The paragraph quoted had mpu |
eddy received the sanction of " portion of The |
Constituted Authorities" IL was stated &c that
the respect which was felt for every portion OF the
Constituted Authorities, forbade some of the re- |
Elections which this singular paragraph might ex-
cite; ana 'hey were more readily suppressed, it
might be presumed, with justice, perhaps, as well |
as caudour, that inadvertence might have had its |
share in the Error" But, that " il would be an |
unjustiiiaile deIicacy, nevertheless to pass by so
porteDtous claim, proceeding from so high an |
authority, without montory notice of the fatal
tendencies, with which it would he pregnant"
Here, then, we have the same portentous claim
for the Federal Government, proceeding from an
Ex President Of the U. s., elected by the Repub-
iican Party, and enjoying, TO this moment, the |
OF That party; and, surely, it would be
an unjustifable, IL not criminal delicacy, 10
pass ii by without exposing IL, and warning the
people against the " fatal tendencies with which
il would be pregnant"
Great care seems to have been taken through
out the United States, by the trainers of the In
strunept, TO define and specify the powers grant.
ed to the government 81 the United States; and
yet, the people not satisfied that the government
would exercise only the po,oers granted. insis-
ted on an amendment being introduced into
the CONSTITUTION, declaring that all powers not
granted were retained; and in due time it was de.
clarod that the powers not granted we're retained
by the States or the people respectively, (sce ~
Art. Con. u. 81 The truth Of the proposition
contained in this amendment, was clear enough to
every mind that was not intent on extending the
powers Of the Federal Government, beyond me
limits ~hich the people Of the United States had
prescribed TO il; but the amendment was pecos-
sary TO curb the subtle and restless spirit of aris
tocraey
Every plain and honest republican must have
known, thai the Federal Government could
exercise powers because they were granted, that. !