Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-03-19

sePuoiy to a consolidation Of all pc or ia a government
Intended by its trainers, aud so declared by the lsr,i~s
10 II, to be one OF limited and specific pewers. ITO
consolidate the States into one sovereignty" says Mr.
N'adison In his report before referred TO, "no,hing moro
eau DC wanted than to supersede their respective rove-
.eisn"es' IN the cases reserved TO them. by extending
the sovereignty Of the United States to all cases of the
+" general welfare !" that is to say, to all cases whato.
That the obvious tendency and inevitable re.yp If
2 consolidation Of the States into one sovereignty would
Se TO transform the republican system OF tho United
oeen sufhciently DECIDED by tho general sentiment of
america. In almost every instance OF discussion relat.
rug u the consolidation in question, its certain tendency
70 pave the way TO monarchy seems not 10 have been
contested. The prospect Of such q consolidation hss
iotmeo inc only topic OF controversy"
guaru, therefore, against the assumption Of ali
~ "ers wh'ch encroach upon the reserved sovereignty
OF the states, and. consequently, tend TO conselidation.
= me auty oil all the true friends of our political sv.1
ZEN me assumption and the exercise, by the Fede.
|" Uo'erhiheht, oil constructive and fdr-Jefched incl.
q '"tdi powers, are the passes through which. n ever.
our iiDerues may be invaded. In a government like
ours, there is less danger from an omen enemy N o,r
system, who unmasks himself and boldly avows hts
purpose, than from the gradual, silent, and almos, I'M.
percePuoie encroachments by the Federal Government.
Our experience has shown, il is believed, the con,inu.
any manifested propensity of The departments OF the
GENERAL Government TO ampIify and strengthen its now.
s.s az 'he expense OF tho reserved sovereignties of the
Sh'es And who can doubt, il all the incidental ana
constructive powers which have at different times been
claimed (each resting on no worse foundation than th.
one In question: had been assumed and Ell ercised, that
"'"SWi VI ouT government would hava
oeen radically changed! And yet each, when con.i.
uered separately and by itself, did not seem likely To-
poI,ena such consequences. The committee would not.
II they could, excite any unjust odium against the oni'
mons (honesily entertained, they have no doubl nj
NOSE who differ with them la regard to the er;.,.,c.
snu 'enueney oil the particular power in question. We,
"ey must say that the general course of reasoning Nv
"hien the powert to pass the "alien lac" and also tbs
'seainon fdtc," was defended, is subs,antialIv NJ ,hs
;amo character OF that employed to sustain the power
III question Let this be illustrated according TO ,ba
rule which they have adopted as a sound one Thsrs
) no express power granted in the constitution author.
- So"sres, 20 pass either OF those obnoxious laws.
al ia"ne oy It's advocates as a power incidental
20 some OF the granted or express powers, f" necesserv
anu proper TO carry such express power into execu.
uon' Inc power TO pass the "aIien Iusc' was cIaimct
90 an nnc'ueht oy a committee Of Congress, ia a rerort
10 'ne House of Representatives of February 81. I1ee
III inc following terms: "rhe right of removing aliens
IS an incident TO the power of war and peace. accord;n,
~ .e neory OF me constitution, belongs to the Govern
ment oil the United Sta es." The power 10 mass tba
sedt'ton 0U' was claimed by one Of the States in
ier response TO the Virginia resolutions, in the falIa~-
ing terra: +" Whenever, therefore. il becomes nsca...
ry 10 effect any Of the objects designated, Il is oerfscfv
consonan, 10 all just rules of construction to infer that
"suat means and p0toers, necessary TO the a,,.i,
mehte Oh mat object, are also granted" Thus. bv ran
,pue'ton' the constitutional power to pass the .s,dif,on
81, . W claimed ss The part cular power now in cues
uoh is-ns an incidental power, or, what il ,raossI.
'ne same Thing, as the usual means and po,reSs. ma.
cessary TO the execution OF some of the granted 90
~ true mat the " 'edition la,o' was a psIpa.
oe violation OF that article OF the constitution rhf.h
PROVIDES that I" Congress shall make no law abr;Ia;nA
'he freedom OF speech or of the press" hut thai Sn.s
nor change the nature OF the arguInent bv which 49,
constructive ana incidental powers are claimed. tnsT
was graveiy maintained that the .'seditiou In,u,,
arrangement OF the freedom of speech or of the nressS
eense. .
IL is no part OF the purpose or of the duty of the com.
.nI'tee, IN 'hs place, 10 discuss the consti,utionaIjtv of
'ne 'dfien aud sedifi0n ia,Os" Their ob;ect wa.N
TO bring to the notice of the House tho n.a
easroning by which the power TO pass them w or.v
y, ~ e, a. Wy tneir advocates, as illustrative of the dan
e Oh DEPARTING frnnn tho ptt-
'he constitution, and resorting vague TO cor, trucS;nn.
ana iverences, on which TO exercise power. Tbs ~
,"eh' we resort TO these loose general les, on wbi,L 10
'ou"o powers, hey become chief or principal nower~
restrained only by the discretion or incidental viii ~
, onsress; render nugatory all the Limitations OF powsr
IN "S eonsl,unon' and make the Government, in fact.
mere no want OF patriotism or attachment 10 o.
Z msu'uuons among our citizens; but the great mis-.
- ;n,o ~ whlch the country labors on the su1jec,
y. 'n,er"a' Improvement, is, the difficulty of rousipg m.
soehuoh oil our people 10 the great inheritance ~
ner'hg 10 the written Constitution. Tn. vsurna,ion ~
sd + r,. 10 pass me "dlen and sed' tion ld,os' shock.
~ 'ne puohc on points on which they were sensitiva
.e 'hoer'yo oil the person" and the s'freedom Of snesch
anu OF me press; aud by one general sentiment i va.
80, au us advocates hurled from power. The
cau,e o. 'ne different effects upon public sentiycnf.
produced by the exercise OF the power thus u,urnaS
ana promptly arrested. and the power now clsimsd %
carry on a system otiin~provement,by means of road. anJ
canals, constructed by the Gen, Goyernm.nt viL;s ~
jurisdiction of the States, Is not that thev ars
a different genus, for both are derived as in
- ''"'hcu ny te same lattudinous mode nj
but the differe nee il. that In ~. 49,
case the %nsurpation is sweetened and rendered. ,aI,,s
PIC oy addressing itself 10 the selfish interest,". RI sa"
uons; the promises il holds out Of indiridu,I h.noS,
anu national prosperity are so seductive as 10 Mind :.
u idts' ieDd.Dty y Of the PRINCIPLES bv with 4, 4.
-"'""P'' Large amounts e The peopIs's =.
.' 10 or ek-.ndeJ 10 ufequai proportions. i'm
Pn"'dsr n 'on'oi country AID iis recipient, az.
'efy hs'afaiIy relusiant 10 turn ON their real or Co..
po'e' 'mhtdIa'o in,erss.s, aud 10 exsmio, IL. A.
sno sosfaot, out AZ the same time vital oua,t;on
a. " s,Ds"'uhon confer upon the GIVE nmsn, NJ
'ne united , stes the power to lax the vboIs ssa.
o. ., W Union Tor our local and sectional adyantagsi-.
mus very many honestly acpuiesce in the us,re.,;o.
OF the power, who, if they could examine !, 49,. s.n~
me influence OF its connection with their immedi,,a ;a
terests, would not only admit the alarming tend.ncv -
me principles on which alone il can rest bn, com. >.
CONCLUSION That there was no constitutional v,rr.n,
us exercise, and that II was important N ,he .u.-
Of me great experiment which we are making r.,
me word, as TO the capacity Of man for self.goysrn.
tneni, aud the value OF written constitutional ,h.,i.
should not be usnrped.
=, IN Y iDmit'ee Thick, hat such an sramIo.uoc "a
puu'if mind toud he reused from The .pn.,,ns -
MARCY end { i'e security in wLie1 II eposes and ~.
nused TO "ske y. wo' I'd result ia ~sati,iying All dj,;n,.,.
est d men. OF all par les. in ihs Iansuaxs N Al, -
.I.,n'i 10 T. 9 ia't COMMUNICATION which he ever mads
on ihe 'nhisst, that T. MIR Madisor. q, Ds..mh"s
"a h. 1929 tina the " right IN cor, mel ,o'As ~.
caDaIs, and ~ 81 other internal improv mems vir,ia
nc Ter rory and juti'cic iots sxclu iyslv b.Isnsins
stVea Siates,' cha, no. been given ~ a..
NJ '"eh ne u NEAL CovsTsneD) 90 by The eoo.tl,,-
IONA eoihpac bot reNei ns ., each STATE. snops a.
oms'i' ana unsliensted powers, exsteis.bI wi htn
hsu, a'd ny is dom. sic suil ori les sIob, - snd sI's
MIN TO " decls 9 T. be mo I fas. and un'ound,d