Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-05-16

gess themselves could not purchase lands within Stat.
wi'lioui the eonsen, oiits legislame" How could they
Delegate po"er io0,hsTs, ahieh hey did pos
selw ::
isSes from successors. WHO have equal ghs with
ourselves, a"d With the aid OF experience will be more
caps lie OF deciding the subject, OPT orIuuiiy oil
eictsisg that right, Tor an inl,n derste term.
takes from constituents the opportunity Of deiihe
rating on tie uu,red measure although hvr hands are
a!soio ne lied by u Tor the term
1t Involves monopoly, which Affects the equal rights
oil every citizen.
leads TO penal regulation, perhaps capital punish.
me Of the most solemn acts OF sovereign authority
From, this view o. the power II Incorporation, exercs-
ed IN the ti II could be deemed acce-sary or
su5sern power, 10 be deduced by inp means
oil executing another powe nature distinct
an njrpenen aud substantive pctog which no, be-
ing enurraedin the Constitution, could have be,
meant to be Included IN IL, and being Included, could
never be ighiiuiiy exercised.
He here averisd 10 distinction which he said had not
been sufficiently kept in view between power
aud proper Tor the Government Union, power
cessay proper Tor Executing the enumerated mowers
la the latter the powers Included each OF the
enumerated pow not expressed be draw
irom the OF each. In the former he powers com
posing the Government expressly enumerated.
Tins constituted the peculiar nature oil the Government:
no power therefore enumerae rould be fiom
the general nature OF Governments Had the power OF
making treaties Tor example, been omitted however ne
cessary II might have BEEN the defect could only have
been lanened or supplied by amendment the Con-
siituton
But the proposed bank could not even be called neees
sary TO the government; il could hut conve.
nienl Its uses 10 the government could be supplied by
vidnas-by the other banks, which the government
would have equal command; nay, greater as n may grant
or refuse to these the privilege. made Tree aud
nle gut To the proposed bank OF using their
Federal revenue.
He proceeded next TO the contemporary exposi,ons given
to the Constitution.
The defence against the charge founded on the want
bill OF rights. supposed he sid that the powers not
gwen were retained, and that those given no 10 be
extended by remote Implications Ga any other suppo-i.
uon The power OF Congress 10 abridge The freedom OF tie
press or the rights OF conscience, &C. could have
disproved.
The explanations in the State conventions all turned ON
The same fundamental principles aud the principle that
the terms necessary aud proper gave additional powers
TO those enumerated. Here he sunry from
te debates oil the Pennsylvania, Virginia N Caroi-
ma conventions showing the grounds on which the Consi.
tuition had been indicated by It's principal advocates
agans, dangerous Latitude of its powers charged ON ~
by It's opponens He did undertake 10 vouch for he
accuracy OF authenticity OF the public which he quo
tede thought it probable that the sentn- n delivered
might, in many instances, have en- mistaken or inner
iee,y noted but the complexion OF the whole. with what
he imscli and many others must recoec fully ustfeJ
the use he had made OF them.
The explanatory d, clataons aud ndmens arcompa
yg tne Oi The several states formed snk
ing evidence, wearing the complexion lie referred
those VINO might doubt Oh the subject the al acts
oil ratification.
The explanatory amendments proposed by Congress
themselves, at least, would he cool authority with them
all these reuinciaons OF power proceeded on rule 4
CONSTRUCTION, excluding the la;i now copte led for
thew S snaons were The more to be respected
by nearly three-iourths OF the sales RE ,i u
particularly he 4
anu i2h me ioriuer, as guarding ganst latitude of
interpretations; The latter, excluding every sourr ~
power not within the Constitution itself
WIKI all his evidence OF The sense i'm which tho Con
suuIon was understood and adopted will il not be said
u Tie oil should pass that lis adoption brous abou
ny one set oil arguments, and that il is now
under The influence OF another se aud This reproach will
have the keener sng because il applicable 10 90 many
individuals, concerned in boil, the adoption and the a-
ministraion
In fine, il the power in the Constitution the ;m
mediate exercise OF u caaDot be essential not there
the exercise OF IL involves the guilt OF usurpaiiou and
establishes precedent OF nterpeia alton, eveiling all the
barriers which limit the powers OF the General Govern.
ment, and protect those OF the ST Governments If
Tie point be doubtful only respect for rselyes who
ought 10 shun Tie appearance OF precpi,ancy and ami-
uoh respect Tor our successors who ouEl tightly TO
he deprived oil tie opportunity oil exercising tie rights of
egsAiloI; respect Tor constituents no have had M
opportunity OF making known their sentiments and ~ n,
are themselves To he cound down the me ssre or 50
o"g peTo all these consider require that the ir
revocabc decision should least be suspended until ano
Their session.
IL appeared the whole, he concluded that The
exercised by the bill condemned by The silence oi
Tie Cons iiutoD conr nned 10y the of n;erpre
iaon arising out OF the Constitution; was condemned nv
i's tendency 10 destroy the main chsrac er OF the
tliion; was condemned by the expo.ois OF the ss nts
oil the Co-tu ion, while depending brfore the public;
was condemned by The apparent intention OF The parties
winch rauhed the Cousiu ioI; conde mned hy the
explanatory amendments proposed by Congress hem
selves the Constitution; and he hopsd would receive
It's hnai condemnation by the vote OF hi. house