Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1857-12-25
men,s derived d;rectjv from the peope The powers

mens, derived directly from the people, Inc PoTe.I
aot granted to the federal government are Pi"',n,
10 IL but The powers not prohibited 10 'iI' o,"a'
governments arc grdnt.d 10 than. tn the 'u'' e'on
consistent With republican Liberty and Win t'e'i .o
a;iiutiona limitations. Aud the federal g"Vrr'''is"
j sra from every State government in this alS "n'
by article ls section Sth, clause lStb OF me Cons''
tuition of the United States, 10 Congress are gwen ~.
only the enumerated powers OF the legislative depat
ment, bat the pnwer-''to make all laws when hh"'
be necessary and proper for carrying INTO rrrc","n
the foregoing" 1.-THE legisative) "powers and a"'ih'
powers rested by this Constitution in the goceTnmrM
Of the United States, or in any department or oN,r'
thereof" Here the generic, the specific, and me
individual terms of the government, department
and .'ofiicer' employed, conveying the meaning haf
s in that government. the executive and the Judicial
the whole government and every department ana Of
cer thereof must look 10 Congress- or the legislative
department. for the means to execute their powers
But not 30 with the State government oil virginia;
here, each department has its own powers, win heir
incidental means, and the CONSTITUTIONS powers OF
each operate proprio rIRore.
This Commonwealth has never parted win oha lot
or title of her Sovereignty and independence. Ger
tain powers she has chosen to exercise by Fsderni
agents, and all okhrr porers Of an orSdh1eG '''dtf
SHE has rserred to be exercised by hsr orr Det"u:
mems Of Municipal Government. she mas provl
ded BY her Constitution that all her Intercourse
with other and foreign States shall be co"dncte9 ny
her Governor, in whom she has vested her chvt tx
ecu!ive power. To say that 'intereourSe ehaii COZ
sist only in correspondence, or messages, or con,
versation, personal communication ana MOI III
acts end offices az well, is absurd and to no end OF
purpose. To correspond, to eend Inesssges.ioF
what To do nothne7 No; the Trainers OF tne ooh-
sfituton in 1916. in lS293U, in lS50-3l' meant ot
Thing, and had in view purpose, and acts 10 Do per
formed, upon emergencies and contingencies wneu
mere writing and talking would be worse inal
vain. Thus, in a pending case, State comfy to"afus
Alabama, Louisiana and Texas requires that lhs
Governor Of Virginia shall 20 conduct intercourse
with them as to TO execute statute even III re-
spect to transports; and this currently furnishes an
other and perhaps, good as any other illustatoh OF
the meaning and application of the clause, empo~'
ering the Governor "to conduct all intercourse WIN
ohsr and foreign States" Comfy TO Maryland re-
aured an act to be DONE and comfy TO those States
requires an act to be omitted, we'll as allows cor
respondence simply On the subjects. Virginia re-
s-rved her State right to hold intercourse with osr
and foreign States, and she has her agent named III
her Constitution. That ia my Interpretation alter Dc
iberate reflection and mean now and hereafter when
pecessary, to act upon it under nv official RESPONSE
bility the Chief of ordinate Department OF her
State Government. She il sovereign and independent
and has appointed. No other Department can de
prive The Executive of that power until the Cons'
| tuition be changed
| tits obviously not my provce to discuss whether
the Governor of Maryland was justlhaole or not IN
asking for loan of arms; or, whether there was a
degree of domestic violence, threatened or Migrant,
in that State, sufficiently serious to call for executive
interpretation and for assistance. He was the sole
Judge and solely responsible for that. He was au
thorized TO speak for the Stats he governed, and IN
comfy to Maryland his request in her name was
granted out of respect to State rights end State re
NEEDLES TO dafend her people and support the majesty
| of her laws.
With the highest consideration and respect, have
the honor to be, your obd't servant, ,.