Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-08-16
VOLUME NLI.-NO. 90.

'ef'4>'HulltI, ana a w TIE lU'u amendment ol
M" Constitution The powers mol delegated 10
the United States is tie Constitution nor pro.
hbtcd y it 10 liz State, are reserved 10 tie
States respectively, OF 10 the people. those who
aIhm he existence Of any particular power.
whether expressed or implied, must produce the
constitutional authority under which ii is claim
70; and tina, authority should he 81 clear rs Ia
have no reasonable doubt OF the fact Of it, exist
encr before lis exercise can le lusiihed; iol tie
committee lay ii down rs sound rule OF cgi>a
livc action that, in al cases of well-iounicd ccH-
:,luoral doubt. il is safest and wisc>t Tor all the
inncionalie> OF the Government, To abstain from
eXcici>inglhc doubtful power
By acting aitlmatiyely, they would assllmc
The exercise OF doubtful power, which NAV mol
exist, and max thereby exceed their authority,
"ni produce an iniracon OF tie Constitution
Have 'hc advocates OF the particular power IN
question produced the clear and uLdoulted CON
>'iiu'iona authority under which il Is claimed
They all claim II as an incident 10 some one az
other ii the enumerated or granted powers, but
have hoi leen able 10 agree among themselves 10
which oi HE granted powers j; is properly mel
dental. II i Obvious therefore that ii does not
necessarily "apfetlain To or obviously How
hon either Of them. They may all h. cNcculed
and carried iu.ly iu'1"iltc, without is aid Tha,
cause 81 Tire Constitution IN regard IL the gene
ldi Woliaic,' has. Il is believed been very gene
I't!h Sfi!ittltu uI INC oI hc blodGc>t
construction oihc Constitution, as containing 40
rnaigcmcnIo iIhe specific, granted powers
lave those. il is repeated, who maintain The
existence oi iiiS power lroiucci tie clean and
uuo'nhed constitutional " thoriiy unjer which
II : claimed. or nave they no;, ra'Eerat the aue
time that they uier IN opinion th each utnei -
regards The sources from which il - Ia !c derived
hy implication and forced construction, ASSUMED
is exercise without any Practicable limitations,
anG ;.lis made il :. plinc pal power. no where Ia
be found III The Constitution
y construction o! the Constitution 81 broad 2,
thai by which the power in question is daiclJCd
tends iEpctccpthly Il I consolidation Of ali pow
er in Government intended by lis trainers, AID
- declared IL tie pailes 10 il. To lc one oi Il
mi;cd and specified powers. TO consolidate the
States inio ole soGclc.slty, says Mr. Madison,
IL his t'p9;i before referred io nothing more
can .'c wanted than 10 >IpcI.edc their respective
sovtgein,ic> III the eases reserved 10 them. los cN-
tending the Sovereignty OF the Iaed States 10 al
cases of the General welfare that is 10 say,
10 all eases whatever" That The obyiou, ton
Gcncv ami inevitable result Of = consolidation al
the STATES into one Sovereignty. would 10 iIal>.
form the Republican system Of the United State,
in;n 4 monarchy, is 4 point which seem, 10 have
been sufficiently decided by the general >cnii-
merit ol America. In almos; every instance OF
discussion relating io the consolidation III cues
narciy seems not 10 have been contested. The
prospect Il such consolidation las .o.med the
only topic III CONTROVERSY.
To guard therefore against the assumption al
all powers which Crcroach upon the RESERVED So
vercign'v OF the States. and consequently tend Ia
consolidation is the duiy q all the true friends
oi oar political system
The assumption and The exercise bv The F'e-
dcral Government. ot constructive ;nd ar-i,'chcd
M, filP Ia a.
II c.er, our liberties may be invaded la a Go
vclnncn, like ours, there i less danger from an
ope.i enemy 10 oar system, who uninaskS himself
and boldly avows his purpose, ilan from ihc gra-
dual silent, ard almost mpcWcpthlc cncroach-
mcnts by the Federal Government Our cXpc-
riencc has shown. it is hclievcd, the continually
manifested propensity Of the department. Of the
General Government L. alnpliiy and strengthen
lis poWere. III the exren~r n the reserved ,oY"reen
ties 81 he states ANA who can doubt if all the
Incidental and constructive powers which have Al
different times been claimed (cach IcStin. on
no worse foundation than the one in Guc>tcnD
had been assumed and exercised. that The whole
character ofourtiovonmcl.t wonhl hayc becnrad-
cally changed And v., cach when considered
separately and hy itself did lot seem likely Ia
poicnd such consequences.
The committee would no,. il they could. excite
any unjust Odirin against the opinions honestly
entertained they have ne doubt of those who
differ wild! them in rcgaId Ia the existence and
tendency OF the particular power in Question:
Yet they must say that tie genera! cou,sc oi
reaSonin" 10y which the power 10 pass tie Alien
Law, and also the "Scdi'ion Law" WAS defended,
is substantially oi he samc character OF hat en-
rloyed 10 sustain the powerin question. Let this
he illustrated aceorlm@io The rule which they have
adopted rs >ouad on.
There i no express power glantcd IN The Con
>tilu,ion, a~'hol'Sin2 Congress 10 pass either ol
! those ohnoxious laws. II was claimed by its adj
vocatcs - power Incidental to some OF the giant
ed or expressed powers, necessary and proper
10 carry such express power into execution
The power 10 pass The Alien Law, was claimed
As an incident. by a Committee Of Congress, in a
Report Ia The House OF REPRESENTATIVES of Fob
iuary 2l>r, 1920 in The following terms: The
right OF removing aliens, a. an incidcn; 10 the
power OF war and peace, according 10 the theory
oi the Constitution, belongs Ia the Government
/ oil the United States The power 10 pass The
''Sciiiion Law was claimed By one Of the
States in hcr response 10 the Virginia RcSolu-
tons, III The ioo"ing terms "WhcEcver there
tore il becomes Necessary 10 effect any Of he OBJ
Jocis designated it is perfectly consonant 10 all
Just rules OF construction 10 infer tina, lie usual
mean, and powers, necessary Ia the attainment
OF that Object arr also graned' Thus by con-
slluctun, the constitutional power 10 pass The Sc
diion Law was claimed, rs tie particular pow
+ er now in question is-as an incidental power.
at, what IS precisely the same thing n the ''usua:
means ana powers necessary to the execution oi
some Of the granted powers. 1t is true, that the
"Scdition Law was palpahle violation Of thai
article Of The Constitution, which provides thai
Congress shall make No Law abriig!ug The free
dom vi speech, or Of the press" bul that does NOT
change thu nature OF the argument by which these
constructive and incidental powers ciaiincd
Tor i; was gravel, maintained, thgi Inc "Sctltioh
/ D. Mi loon Il f.t
speech or Q! lh" pres, but was punishment
inflicted for The alrsc of this ic"nS'
/ il is 10 part ol the purpose or dag %! the com.
mi'icc IN this place H. discuss the constitutions
ALT; otIhc Allen and :;cdilion Laws" Their
object was sG:qly to hrirr To the notice Of the
House the general reasoning by winch The power
Ia pass them W. crarev claimed bv their edyo-
cafes - Illustrative OF tie danger Of departing
from III" plain scfsc and intention oi the Con
Siutpn, and rcsorina Ia vague Constructions
and iniefcnceS, OIL which To- exercise power. The
moment resort 10 these loose aercraliice on
which 10 found power, they become the chici 81
principal powers, restrained only by the discretion
or accidental will OF Congress- render nugalory
all the limitations ot power in the Constitution
and make the Government. in t.ci, one 81 unli
. micd powers.
There is no want OF attachment ar patriotism
10 our tree Institutions among Our citizens; bu tn
Great misfortune Under which the cogntiy labors
on lhg subject OF internal improvement is, the
difficulty OF rousing the attention OF our PEG
pie 10 the great importance OF adherns 10
Inc written Constitution The usurpa,ion al
the power,o pass the a lien cad Seti,ion Laws
shocked The public on points on which they were
scnsitivc-rhc liberty Of the person and the
'rec,loln Of speech and OF the press" and By one
general sentiment it was arrested and it, adyo
Gates hurled from power. The cause Of The dii
leIcnt effects upon public sentiment produced b.
the exercise OF The powcrihu> usurpcd and prompt
" arrcs;ed and the power how claimed TO carry
ON system o! Improvements, by means of road,
and canals CONSTRUCTED hy tie General Govern
ncut within the territorial jurisdiction of the
States, is not, that they are powers of different
genus for both ayc derived as incidents, and su,
tanned by the same iatiildinouS ;noic OF consrric-