Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-05-21
POLITICAL.

a ReuietD Of the Proclamation of President jackson nj
me 10Th Of DecembeT, 1882; in a series of numbers
originally published in the .NorfoH and Portsmouth,
Nc. TX.
Qby LIrTLEToN WALLER TAzEwELL, Esquire, late
Senator OF United States)
II the author of this Proclamation had asserted. that tho
several States, by the Federal Constitution, had parted
with much of their power, jurisdiction and authority, he
would have asserted a fact, thatno one ever has, or probably
ever will deny; because, it is a truth obvious to all who
read that instrument. The only question is, do the poty-
es thereby 'ran'ierred comprehend Sovereignty? Ifthey
do, then the government of the United States, the assignee
OF these powers, is a Sovereign. But if they do not, that
government is not a Sovereign and as this Constitution
does not profess TO transfer any power, jurisdiction or an
thority, 10 any other, than to the government which il
creates, the former possessorS must still retain their Soye-
reignty, this Constitution nan obstante.
This results from the very nature of this Constitution.
that all admit 10 be a grant of enumerated powers; and
which, therefore, cannot convey what it does not enume-
rate. Even what lawyers would call implied powers, that
u "a say suc, as are not granted i'll terms, but are Dcces-
sary to give effect to others which are SO granted. strictly
speaking do not exist under this Constitution. Because,
u such powers are gwen, expressly, by the seventeenth
paragraph oil the eighth section of its first article: and of
course are not implied powers. Nothing could better il.
lustrate the excessive jealousy that dictated the ins,ru.
ment,t than this simple fact; or prove more conclusiveIv
that the Sovereignty, which the Proclamamation in Ills
part oil II, comedies, to have formerly abided in the States,
could not pass TO the government of the United States. nm.
DER TINS Constitution. Because, Sovereignty is no where
therein granted in terms; and il cannot be believed. that
wnen powers actually necessary and proper for carrying
mo execution other powers granted expressly, are not
lett to necessary implication, but are made the subjects Of
a positive grant, that Sovereignty, the greatest of all hu.
man powers, would be left TO mere inference, and 10 in
Terence, too, from the grant of few only of its manv Incl
dents, and these not necessary TO its existence Tho
shadow may follow the substance by which il 10 causcJ
Gut that substance can never follow its own shadow. ex-
cept when hurried on by the crazed brain OF a mailman.
But this is not all. Notwithstanding il was conceded on
all hands, that the Federal Constitution ras but a grant of
enumerated powers, aud OF course would convey only
what it enumerated, yet such was The jealousy felt bv The
states iha' whiIe adopting 1t, a number Of the different
conventions by whom II was ratified, to guard against the
possible misconstructon and abuse of the powers therein
granted, proposed various amendments to il. In conse.
quence OF this, the very first Congress which assembled
under This Constitution, at its very first session. acting II n
der the authority given to Them by the fifth article pro.
posed these amendments 10 the Legislatures OF the several
states, by whom ten of them were ratified, in the mode
pointed out in this article. These amendments. thereupon
became ''valid TO all intents aud purposes, as parts of his
constitution. Two OF them, the ninth and the tenth, are
III The following words
.Ninh.-Thee enumeration in the Constitution, of GER.
tam rights shall not be construed TO deny or disparage
others retained by the People.
Ienth.-The powers not delee ated 10 the United s,ates
oy the constitution, nor prohibited by ii to the States, are
reserved TO the States respectively, or 10 the People.
many reflections are suggested by these Amendment
which have such direct bearing upon the matter Lam no,e
examining, that L will briefly state them. The first is
mat although these amendments appear TO be the Joint
work Of Congress and OF the State Legislatures ONLY We,
In truth and IN fact, they proceed from the People of the
severai States. ihey were suggested by many Of the
Conventions OF the People who adopted the Consiitu,ion
aud in consequence Of these suggestions, we're proposed by
the hrst Congress, TO the Legislatures OF the several States,
merely TO satisfy the forms of the Constitution. and In oiy,
effect to the declared will Of many Of the States in ,bs
most SIMPLE and expeditions mode possibIe.
again, these amendments aFe not donations, but reserra.
hons; exceptions out Of a grant already made. the poYer
OF winch grant, II not accompanied by such exceptions. IL
was aPprehended, might, by some possibility, influence
.ne SUBJECTS reserved. The only effect, then, which such
reservations can have, is to preserve 10 the former posses.
sors, the things reserved, aud in their former plight. More.
over, these reservations are exceptions out of a grant of
political P0Wers; Tor, the object Of this Constitution Is 70
transfer such powers only. But il so, the reservations
must refer 10 political powers also: for il ,youtd hs co..
absurd, TO save aud reserve any thing from the action ot
other powers, in a grant that regards political powers alone
ne reservations thus made by the States, in a grant Of no.
lilical power only, are exceptions out OF such a Gran, mia
by them to a corporate holy created by each State ,nJ is
,2-Statcs, which body is styled in the grant itself, the
United States" y"
Even this is not oil. In these two amendments. q
marked distinction Is drawn, between Rights and POtcers
The tormer arc reserved to "the People" only tho I,ner
"Uo the states respectively, or to the People" The rea.
son OF this Is plain. In this county, the People have fVyo
characters. In the first, they arc regarded az mere lodi.
vidusls dhd subjects, enjoying very many private piybts.
come on winch, - men, they derive from their Creator
and AZ Citizens they derive Others from the very nature oI