Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-02-19

hey could not exercise powers which were not /,
granted; and yet, this truth was declared in the
orcgong amendment, and not satisfied even with
this, the people obtained the amendment, which
forbade the interference Of Congress with partcu-
tar SUBJECTS aud least that might be considered as
disparaging rights which were not reserved, Il
as also further declared, that the reservations Of
rights should not be construed disparaging rights
not expressly reserved.
These amendments would have settled this
question,f any doubt could have been entertained
on the subject-Tbey forbid the exercise Of any
power except that which has been granted by tho
Constitution. II matters not, whether arsy other
government can exercise any particular power or
mott Congress cannot exercise IL. unless il is found
in the grant. II It be annihilated in the United
States, however useful il might be, unless the
be exercised. State Governments are the crea-
lures OF the people Of the respective States, and
tho government OF the U. States is the creature OF
the States. They were sovereign, and could lose
no part OF their sovereignty by implication,
cordng to well known and established principles
To divest the States the people of the States OF
any portion Of their rights, enjoyed before the
dopton Of the Constitution of the u. S. by impli.
cation, or without implication even, under pretence
that otherwise the government of the u. S. could
not promote tho public happiness or the general
welfare, is to 60 as far as the most heated parti
Fans OF the elder Mr.. Adams would ever have
gone in the worst OF times.
T The true rule by which to test the powers of
the Federal branch, is that which Mr. Madison
laid down in his memorable Observation-Disclosures
question arises concerning the constitutionality
oil particular power, the first question is whether
the power be expressed in the Constitution. fit
be, the question is decided. If il be not express
ed, the next enquiry must be, is II properly an
incident to an express power, and necessary to its
execution. IL it be, it may be exercised by Con.
gress IL 1t be not. Congress cannot exercise it"
All who enquire into the powers of Congress- and
govern themselves by this plain, simple and obvi-
Gus rule, will. without doubt, arrive at the truth
But, if this just rule be laid aside, and we are to
enquire, Do the States possess the power; and il
this be answered in the negative, and there be no
particular prohibition in the Constitution, to the
exercise of the power by Congress, we are TO
conclude, that because otherwise a power exer-
cised by the governments Of the old world, will
be as TO the United States ann:hiated, that it may
be exercised by Congress-, the Federal branch Of
one system obtains power from a source other
than the people, and withou, any human grant
whatever. That branch will then stand on the
same footing with the Legitimates of Europe
For, powers can only be derived from one Of two
sources, and II 1t be possessed by government
in the United States, and be not derived from
grant OF the people, il follows that the power
has been derived from the same source that
the iegitimates OF Europe claim and derive
their powers Against this most mons,rous
and portent Gus claim to power, up for the Fed
erai Government, it behoves the people now, a.
soemnly to protest, az they did in 1893, when it
appeared to have been made, perhaps for the first
time, by portion OF the constituted authorities
of the United States" AS one of the people, i as
solemnly protest against being governed by the
weight of great names, as 1 do against the lore
going most dangerous claim of power, and the
equally portentous aud dangerous doctrine, that
what has once been done, can be done again; or
that precedent can justify the exercise OF a pow
er, which otherwise could not or would not be ex-
ercised. One usurpation cannot sanctify another;
and a bold usurpation, which involves the great
principles of liberty, might we'll be resisted, not
withstanding our acquiescence in the part of the
people, even for forty years-So that although the
government, in all its branches, may have adopted
precedent, and the people may have acquie,ced
when they became sensible tn at their rights have
been invaded and the Constitution trampled under
foot they ought to require the Government TO re-
trace its steps, and ought not to suffer the Consti
tuition to be changed by recedent.
ONE OF THE PEOPLE
OThe writer of the above Zone of the distin-
guished Republicans OF the Old Sehool,) thinks it
the duty OF every Republican to protest against
what he considers the alarming Doctrines Of Mr..
Madison" more alarming than any which have
been promulgated by any known Republican" He
thinks it, therefore, the duty of every Republican
to come out boldly and expose them in all their
deformitY.