Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-03-18

80 H., r;pht 10 instruct these senate. ~ 49,
,ho ,h,t they will give in the Senate wiz ~ 80, r
d;cncc 10 these instructions Is 10, l"1 , ".r, his
;aI ;y,rtalcc that We should guard ahu o"' ;" "a
,trc department. which is 10 speak me 'oiTo ~
o,;m,nts of the State III the Senate o. '"' s, :: y
states on this subject of slavery espee'i'',, ~ ,,
ycrv distinct limitations which na't =, ,.n !, tn
- several gentlemen from the Ncs'. ,''' ;,;,
.,mcs The interest of the West to strike dow" ~. '"
lion in order to get the control OF the power ~ va.
NAV do il, ask if il can be eXpecl'o ''' Ss "
rnia will voluntarily surrcndcd ms Po"'' i NV
cxncct this Of the East when gentlemen nave oh' lis
ha f i for the interest Of the West 10 Destroy THIS
propcr,v she NAV undertake 10 do IT. ne Eost effect
nal mean, dc.troy slavery III TINS ~t'' MOI through
,uy agitation in the State itself. but through le aclan
There is the danger TO be apprchcnccd on ms s.hec'
NJ H.. federal government asserting an authority OVERT.
and is danger springng in part from the political
mower of this legislative department. But that Is not
ibc only operation of the political power OF the legisa
i've department from which Eastern interests have to
,pp-chcnd danger. The whole treaty making power
TIA, which manages entire commercial relations, Is
n.r the the control of these very United States
tors who utter the voice and speak the sentiments Of
.bis legislative department, and have shown by stalls
tics that these commercial interests are Eastern inter-
a,ts II has four times rs much interest III thiS slo-
icct as the Western portion of the State has which
is claiming the right to control and manage our com
ncrcal relations Now the State has no power over
these commercial relations except through the treaty
makiny power. which IS vested in the President and
Senate and her sentiments are only made known
hroprh The instructions of the Legislature. " Is then
ans, the abuse of this political power in the appoint
men, Of United States senator's. ard the instructions to
% given 10 them, that Eastern interests must he amply
ana fully protected.
property as exists in Eastern Virginia, and the man
,cr in which they may he felt 1t viii be perceived
hat the dangers have men:icacd are found u exist,
~ rather to be cxcrcd through The legislative depart
Of the government and the reason 10: 1t is three
fold. In the first place. that department "icics hi,
very political power which have said might be 80 used
IS 10 njurc property another reason IS because that
department possesses the taxing power of the State. II
tie power decide upon the amount of taxa
. IL. aised, and what IS more important still, cai
. d. :. upon which that taxation * 10 bc L.
49,! TIA -. ..ny exercise the power TO tax, Bat
4 can throw liz ,nole burhcn Oh one specics ol prop
erty to the exemption Of another. |; can not ony IN
pose. but draw partial distinctions between differ
ent descriptions OF property In word " Is Inc Only
department which has access 10 the pockc's Of inc
oeoplc and lastly il is because the powers OF this
is.,artment are more exten i've and less s'~apti-
Ole of being Defined /" l. therefore, with greater
facility, mask under system ell complicated meas
urcs its exactions and its cncroachm. Is. Now !
for this rca,on because Of the unlimited character o.
lis powers and OF inability 10 define them that all
this doctrine about guarantees and legislative re>ifc-
lions will prove wholly unayai!ing This Is the dill
Guilty.
will here pause, and briefly consider this subject
ii guarantees and | beg leave 10 elyitc the aticn.
lion OF the committee and OF the gentleman from bcr'e
and his able colleagues this floor. who a'o: these
measures, the opinion oi ar MADISON expressed on
his very subject The matter Of ". ch he was speak
in- wa, the clause Of the federal constitution which
,optcrs all powers Necessary and proper TO carry inu
eject the granted pow >, and he takes the broad
.aound here that it IS pracicaoe TO enunerato ara
rc.,rc, all those powers He first cnieayorS 10 sho"
,b.t i would have been impossible 10 have enumerated
hose powers which is necessary TO grant in order to
carry the delegated power int effect and then ne turns
around and shows how Impossible It would have Seen Ia
have enumerated the restrictions upon the granted po"
ecs. lie says
Had the Convention attempted positive enumeration
0; the power, necessary aud proper ;or carrying their
ther into effect: the attempt would have embraced
complete digest Of laws an every SUBJECT to which the
constitute n relates accommoda Ell too not only 10 the
existing state of things, but I'll the possible changes
yh:,h f.turtv might produce for in e"er: new appca
ion of general power, the particular powers which
IRE t. means Of attaining the object Of the general
power must always vary with that object AMI be Of
len properly varied whist the object remains the SANE
"oi any attempt been made to eGumcratc The par!c-
alar powers or liz. necessary or proportion cur
ryinr general powers into execution, the task woai have
been no less c.inercal AMI would have beei 'toe IN
L;s further objection that every defect III the enam"-
ration would have been equivalent to positive grant
of authority.
Nov these are the difficulties which you encounter II
placing guarantees andres;rct;on upon the abuse OF this
AKIN. other power OF Tie legislative
II is because YOU cannot e;'unerate ana therefore pro-
y, ac.ins, the means and the deT:c"s b. wh'ch legs
la.y. ingenuity can cyade all these constitutional rr:tr''
lions and fail to enforce TIE constitutional guarantees
Such plan was before members Of thcC invention w Gu
framed the Federal Constitution One OF the questions
which a-,ated that body was the right claimed hy the
lesser States 10 IN equal vo:e in the Senate Of the Iei
states |; was one oi the most embarrassing Giest":s
,;,l that bndy had encounter; and Il Was then a.
,con.ci by Nj Randolph Of tn, State, I" omproml-s
the matter IL furnishing enumerated class Of eases
IN which they nigh, exercise this power "i equal repre-
scn;ation for their protection ana II gentlemen w'li
,o n, IN. enumeration they will see tom the nun.3cr
If the case. specified. the utter lmpo> h''ty OF DOM!
anr thing of the kind And a' plan, as docs the whole
bat. up the subject. proceeds upon the concession!
;a, when sectional rghtso interests apprenend dan
,er an an abuse OF legislative power the only p"ttc
ZION !, Tia, &c representation. Mr.. Madison distinctly
aynwcd ,h, in the debate Mr. Randolph plan was an
a,tcmp to c:umcrato the number aad class al cases IN
which ills protection by representation should be eStr
else! And gentlemen who will refer t" that plan VIII
discover how utterly inpns .ibie Ii Is 7" SPECIFY me vas
number Of cases and the shifting lnt varying sa'Ject
for the application of the protecting p"%ef !ey "i
perc.iye upon due reflection, the uiter .Po+Soi "i
.numera,ns all the dangers TO property, ln"'iueo
AGAINST bv constitutional guarantees ana 'ne coU''!eFH
abus,s Of legislative power To lie checked - cosi!tu-
,;n restrictions 1t is this utter lmpossibiliiy TO
the .nrers and to specify the abuses of
cs,,t;ye mower :h; readers necessary YOU WISH
Ia rive adequate protection, i.it r"i, must 90 y !'
,,r,cntaou Aud when TO tbs Is aad:d 'ae lefther
consideration that tue enforcement Of these guar
and ,i observance of these restctio is % b. III the
hands of = majority Immediately interested IN Disregard
;. t,em ask ii !: furnishes any protection what
ey,,, And furthermore, If yo. ct to enun"rate any
one according 70 al legal construction, -. -;:'r"
ran. Of the orc oni... and it invites abuse o pow
- in that par,icu.a. Again the danger from lrllsa'
,ye power i, not passive, silent, inactive !a5 1t l.
~ ever acting ever waving device tina, shifts 70 SUIT
r character of the and the pccniir characteristics
ri the particular eases, Well now il you moan T. pro
vie remedy adequate to the danger YOU must arm Ii
with power something similar TO the kind Of power
which II has 10 check. You must give 1t active, moving
linking power il you mean to provide full ample and
-. wotcc.ion--he thinking. violent power OF
IL addition to this, by these restric
= alive department. YOU incur the
..,, It, ctScerr: md usefulness.
have en- i.lyor.i. very briefly to tie,,.na son!e OF
.he dangers which property has to anrrehcnd have
,de.yorcl 10 ascertain the mode in which the exhhi'
themselves ard have shown that 1t i through this leg
slav department. Of the government they are al 70 tc
H.. .nl all Ia be exerei ana tn, j. cannot b. ir'-nnt
al ty restrictions on the pow,-' of that department.
-: e danger H. &:l here YOU must place the defence
= WY, moan; - pake it adegna.a for v'r protection
Wa ~" dancer is. there the defence ;!ras' BE- 70
Now. with the Indulgence Of tho committee VIZ
| .ro.e.d 10 examine tho iva schemes that are DC