Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1848-07-21

, clause under consideration. And here permit u,
TO remark. before refer 10 the clause IN who
This is done. tina, The Constitution is as remarks
BILE for lis literary execution as Tor The great pol
teal wisdom embodied in IL There are no us'
less phrases; there is no tautoogy; there is D
Iooseness oil expires sion. The precise term, al
propriale 10 convey The idea designed 10 be G u
veyed, is always used. Thuse who have s'nu'e
the debates OF The Convention must have pee
struck with The care and minu,eness WIN WIN.
the exac! meaning oil every word ara .ei"i y
criticised. There is no instance "nele, W.,
different phraseology is used, y Is no! aeS
convey Gifferen, meanings. Wneh 'ne oo ,,a .
lion designed to confer upon Congress ine poa.
of legislation, they did not use amolsuou s;soi
doubtful expressions, but such d. -, orc faone /,
aonronriare 10 eypress The idea. Tkis IS done !.
the section in which The authority Is a oG.
unon CONGRESS 40 exercise exclusive So, !,
IN all rsses whatever over sncn oisi'.' w.
ca.d;ps ten miles souarel as may oy go &C.. 90
o,r,;cn,ar >tafes. and The acceptance ~ Co.'
rress become the seat OF Go9etnilieh. " Wv :,
IToued States; and 10 exercise NE ao'"o' -,
oy.r all places purchased BY Inc consent VI .n'
legislature OF the Stale in wnich Inc sd n'e s"a
be- for the err ciion OF forts, masaL'nes, o..
uais dncL va,ds ard uher needlu buildings
Here a.e words used appropriate 10 confer .nt
i
10 suppose that The Convention desisnsa 70 .ou
| fer the same power in another clause, ~nen .ney
use different language, no! al all aPplopli,a'e.-
Indeed. in This clause, The power ol ieSisiduon
over distinct places is conferred; duu - l"e.' Wa
any other over which il was lie i5neo 10 ne con
TERED here was The proper place 10 nave aone y
and doubtless The place where il would nave oeeo
done. For The Convention eyinced, as was very
natural, purpose OF grouping all Similar powers
together.
But SO far from This being the case, The clause
under consideration is not found IN Inc sec'lof
OF The article containing an enumeration OF .n'
powers OF Congress, but IN the one containing
restrictions upon The States. The constitution l.
very rematka Die TOR its order and arrangement
attention 10 which, in conslruing lis different pro-
visions. is exceedingly important. The pfeam
bic declares what are the ends 10 be attained oy
il.
The first article referred 10 the legislative de-
parImeni lis first section provides mat "aii ie
eisla.ivs powers herein granted shall &c Ves;eu
in Congress- Of me Unilcd States, which shall
consist oi a Senate and House OF Representa-
lives"
The next seven sections prescribe the mode OF
election, the qualification If members, and me
torn OF proceeding in the Two Houses. knee u
section defines he powers OF Congress. COM
mences: The Congress snail nave power, ah1
then follows an enumeraIi"n OF The dislinct ana
substantive powers OF Congress, among which IS
The power OF leeisating Tor several different pa-
ce.; hui The Territories are not OF the numoer.-
The 9th contains the absolute prohibits ms upon
Congress: and he 10Th, the absolute prohibitions
upon the States.
The ID article relates To the Executive. II
prescribcs The mole Of election, the qualification,
and the duties OF the President.
The Sd is concerning The Judiciary, and regu
lares lis p,weTs aud duties.
The Ain arlcle-the one in which the clause
under consideration is found-con'alns restraints
upon the Safes coupled with the grant OF power
10 the General Government 10 Inc extent OF those
restraints, but 10 no greater extent This will be
apparent upon careful examination OF its differ
enl sections. The lsr section declares that ''iu
: faith and credi, shall be given in each State 10
The public acts, records and judicial proceedings
of every other S'a,e and the Congress may by
general laws prescribe the manner in which
such acts, records and proceedings shall be prov
: ed, and The effect thereof" Here The SAFES are
restrained from passing any law which shall i'm
par he 'ull faith and cre,ii, which this section
ieclares shall be given 10 the public acts, T. cords
and JUDICIAL proceedings Of the several Slacs
aud Inc power is given 10 Congress 10 provide 70;
81 section declares tha, "the cilizsns Of each
Stale shall b. entitled 10 all The privileges and
mmuni'ics OF cniZens in The several Sia,es."-
This section res'rains the STATES from passing
ia VS. interfering wi Inc rights OF general citizen
snip, which are secured 10 all The people OF The
United Sales, aud enables Congress 10 pass avs
10 secure them.
The second clause Of this section declares:
IA person charged il any State with treason,
felony, or other crime, mho shall fee ffum juslice
and b. found in anolhc! State, shall, on demand
vi ih- executive authority 81 The State from which
ne Ned, BE- delivered up 10 be removed 10 the Stale
aagins jurisdici II c:er Inc ertnse."
This clause lurbi.s The States from making their
territories an asylum Tor ineltives fioIn justice
from ne oher States, and empowers Congress TO
pass laws providing Tor the manner in which The
i!se tive shall lie delivered up.
The third clause declares that
mo person held to service or laeo. in one
State, under the laws thereof, escaping ia,o an-
o.her, shall, in consequence OF aay law fssuia-
lion therein, b. discharged from such service or
labor, but shall! be differed up on claim ot the
party 10 whom such service or labor may be
due"
This clause is similar to the other. The
States are prohibited from passing laws 10 90
s,ruct the recovery Of fugitive Slaves, and Con-
sress empowered 10 provide by law how they
shall be delivered up.
The 81 section prohibits The Safes from form
ing a new Slae within any Of their juris iiclions,
OF by the junction OF two or more States without
The consent IL Congress; AMI il authorizes Con.
gress TO ADM, into tae Union all other new States
not thus formed.
Then comes The clause under considerations
THE Congress shall have power 10 dispose o
and make all ueedtul rules and regulations re
speeding he territory or other property belonging
10 The United States"
But iur This clause, The States within which the
territory and other property OF the United States
might be situated, could legisale in reference tc
ii, precisely as they can egislale in reference IL
the land and o her property OF individuals. Anc
This clause was designed TO restrain this right il
me States b. virtue oil their general sovereignty
and coniers The power on Congress 10 make al o
those rules and regulations.
The fourth section declares that
1.-The United States shall guaranty to every
State 10 The Union republican form OF govern
menl, and shall protect each oil Them against IN
yasion; and, on The application Of the Lesisla
lure, or OF The Executive, (when The Legislature
cannot be convened,) against domestic violence
This clause (as Mr.. Madison says in The Fe
deralist presupposes lhe existence OF a repnbil
can form OF government in the several States; ant
it is designed 10 prohibit ,ham from fIrm,ns ;
nonarchical, or any other than republican form
of government; and les, ptrchance il might b
attempted, upon III pre,ex, that republican go
vernmenl did not affosd a suffice proIeciio!
against invasion aud domestic violence which
nolon good many people al that time enter
| tained-lhe last clause was inserted 10 provid
against il; and il imposes The dury in lhr i!s
case, wnhout qualification, upon all The States Il
| project each O. them against invasion; but Il
| prevent them from interfering, nnasked, with IN
domestic affairs Ut any OF The States, they ar
Only 10 acl, in Inc second upon The application
| OF Inc Safe ITSELF
The fifth article provides the mode in whic
amendments Of The Constitution arc 10 be made
the SIKH secures the sunremacv OF The Conslitu
ton and laws OF The Uuiled States; and The Sc
ven provides Tor the manner OF the ratification
OF the Constitution. This is the whole Of be Con
sliuiion as il came originally from the hands Z
its iramers Ii viii be seen that il coniaine
many restraints upon the States, but COMPARE
| lively few upun The General Government. Mos