Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-02-24


and you will Ind that The c0nspe~ organization of go
vornmept was intended provide against all such evils
The egsat ve department. nc ia,c- ak, pO,ecr is di-
vided mt Two branehes, ih, House OF Represcn-
tativcs and the senate; with gcto on their laws ami
resolutions entrusted 70 ihe Executive. Ii measure
as ABOUT 10 be adopted 10y the House of Representatives,
it is presumed that they will first examine the char
ter, to find whether the power has been grauicd.-
This check though trivial in appearance incons-
dcrabc, when reflect that Governments heretofore
have hadno defined limitation whasoe yer on their pow
ers OF egsation-rhe extent of forbearance the part
OF the people, has always been the Limit to their powers
ofoppression But here, we have Il government with
such checks and limitations that they cannot possibly be
transcribed without detection and nanful resistance
ihere WI always be an organised opposition the
alert TO discover the transgresson and sound the alarm
mo oppressive or unconstitutional measure possibly
escape through the House of Representatives without
discussion. When il reaches the Senate IL must apan
be submitted to thorough revision, with all the liz hts
which have becE cast upon IL in the lower House. Now
sir, the Seae organised be the peculiar quar-
dian "a the rights and sovcregnties of the States The
number of Senator's YOU know sir is allowed 70
Zach State without regard territory or populaton
They are chosen by their respective legislatures and
are Intended to the interests OF the States as
contadstinguished from that of the whole community
Inc senate therefore the representative of the peo
pie not Individuals but the people of the States
IN and civil capacity Thus constituted
presumed TO have essential regard the hts of the
States; and jealous wachfuncss every assumption
OF undelegated powerbecause each assumption must
necessarily be an encroochmcnt those rights which
the Senate was organized to guard and protect Should
any Objectionable measure escape the senate there is
still another safeguard i'm the Executive The Presi
dent can refuse to give his signature to any ac or reso
luton TO which he may have reasonable objection and
neither can then become law without the vote of tro-
MTds OF both branches of the Legislature. After an
act has escaped all the legislative branches and become
law, there is still another protection i'm the judiciary
involve any point OF law equity cognizable
oy me courts they must pronounce constitution
ahty have hastily enumerated the different checks
ana balances provided in the Constitution with n view
OF shewng that 1t Is utterly impossible for n measure
plainly and palpaby unconstitutional to become settled
Ldio of the land. In times of high party excitement
such laws may be enacted but they mnsL pass AWAY
of no that
with the exception Of the Alien and Sedtion Acts there
never has been law affecting the general of
the community that has been esteemed by all parties
plainly and palpably unconstitutional Take the Bank
question, the Tariff of protection the system of Internal
imProvement-all these measures we have pronounced
unconstitutional; but majority of the Union was obvi-
omsy against they would have been carried
me scale has lately been turned in favor by the UNI
hg ana extraordinary efforts of the present Admins
uaton These subjects have been the fruitful themes
oil discussion Ter twenty and for forty years the prepon
derance of argument constantly vacllatinp sometimes
IN the one scale and sometimes in the other Indeed
there never has been single constitutional question
agated where different States if they have expressed
nave oeen cases, IN which the State at different
uincs mas held opposite opinions on the same subject
massachusetts, at one time thought the Embargo of 1907
unlcohsutuuonai; at another time it decided the
other way. Virginia, in 1870 thought the Supreme
T S; was The common arber; in 1929, she thought
1lheFehuy, 10 my mind, sir, it is obvious that we
nave ltte to fear from plainly and palpablv nm
constitutional What have most to dread - the
passage of those laws which are dovJtf,,I IN ,l,ai
nature, or those which strictly within the limits Of
the Constitution but at the time are burthensomc
oppressive unjust, and unequal in their operation The
runners oil the Constitution could possibly trace 10
tner consequences all its provisons-could not forsec
the precise character and extent of the por,ers granted
~ is not TO be expected therefore that t Federal Co
ient, IN us various and complicated operations can
a"ays AVOID abuses, expressions and even those meo
Ies Wch may appear to some TO be unconstitutional
u principal object should be- to nd protection agaipst
theif present effects and remedy against their nrc
recurrence. The Federaists YOU know sir MAINTAIN
that the arbiter in the final resort to determine ouoe
rfoft
90 mol THINK, sr, that any branch of the Government
eoHid be an impartial judge because is the very nature
OF power as we'll Judicial legislative to encroacb ON
the limits OF Others and then hold fast TO thai which
mas been obtained Whatever the Legislative department
way usurp the Judicial will be very sanction
loon LOT s seeiS fh dan i and OBJ; oS
PresSye, whether constitutional unconstitutional for
IL can be very little consolation TO those SUFFERING u,er
D9Fihensone law, 10 learn that X is constitutional II
40 sir' mat we need something which shall he
iol t,e abuse as well as the usurpation of power
Is that remedy Notification? Certainly not because Nul
ancauon, according to the definition given by its own
can only be applied TO those which aye plainly
and papaby unconstitutional When the rohts reserved
10 the States are deliberately incaed it is their
uut 70 hierPose Tor the purpose of arresing the
PtoelesS oi inc eViI OF uSWp0tiOa When powers are
assumed which have not been Delegated when there is
gross, d1t6eyate and ptpaJe C0fat0a of the charter
men nulilcation of the act is the riphtf remedy
"m"t, hen are we to do with the abuse Of deieg1ted
Po ;p or dangerous and oppressive law obviously
Wll tiie limits OF the Constitution? We have already
rom Tue history OF legislation and the organization
OF government that gross deliberate and panablc VIC
iaoh OF the charter is rarely be expectedbut abuses
VI power, ana unequal and unjust legislation are of fire.
queht occurrence Since the torpedo of Modification
cannot be applied To these have we no other hone save
IN se remote possibility of change of representation
ana thereOy repeal of the offensive act iftbot he ~
only expectation then the boosted szR0c of every oiI
turns ot 70 De nothing, and we find ourselves M lat
WIN an oar improvements in Government similarly 81
ted win The people of England, trusting for redrcss
VI grievances TO That forlorn hope, new Parliament
must therefore, search for some more eflcctial
ana universal means than Notification or te slYy o
uncertain change in representation to cbeel tbc r,r
Gus irregularities and Gbuses which must uecess,rl M
cur IN the coursc Of legislation In this search , %
CONNIE ourselves to the Constitution alone Sbould
we ma nothing there, then we are without rcrcJ,
ior All beyond that rs uitraconsttutonal and revolu
uonary But, happily the Constitution has been am
irregularities OF government have already u1ention
ca some OF The checks balances in the Consti,n
uoh' wihch are esteemed BY large Earty ia this conn
uy, (the federaliets3 nmay Sufficient for cvcry emnr
gencyiheeed, they recognize other as necessary or
~ coas"'lnha3 Hst, CIR We, the Republicans 90 fur
a ei anu MAINTAIN int there other and greater re-
strhIns on tie Federal Government .,an those b,.
mentioned Our authority for the doctrine is the fcnH
amended SccLOR which reads thlis-s|Thc povers o H.
'egated to the United States by the Constitution no.
Pohinted by 1t 20 the States are reserved 10 the s,,o
respectively or tothc People" '''S
We learn from this article that the eiate Ia,ir,,,
hIe recognised as pavs Of compiler or0qn 0for of
government. The governmental powers necessar, f,-
J?nr security oil lberty peace and Justice are silb.
ulWden those OF general nature conferred ON the 10
esfal branch, and those Of municipal and local cLo
ger conferred on the State branch of government I,
poth united Possesz all the powers necessary 10 occur,
ue common welfare at home and abroad The neonle
~ thcIr primary assemblies, exercise all powers which
NOV Deeh transierSed to the the other of thee
III Vrn Ia Ill