Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-09-30

wear lcuN, lNc unplieu powers arc l1oSc OILY,
as already defined, which are necessary to car
ry into execution the gra"td powers. There
is no grant N power To Congress in the forgo-
ins clause. and hence there is to power by i'm
plication in 1t; the provision Is clear in It's in
tent and meaning; il is 4 constitutional suaian-
tee Of Il right reserved and exercised by the
people and which they continued to exercise
without hindrancc Cor twenty years, under the
protection of the Government durHS all
which time Congress had no right
10 prohibit it, and cannot have been vested
with any right 10 do so since the adoption Of
the Constitution; besides there were no dor
niant or suspended powers in the Constitution,
to be brought into vigor and force Il any sub
ScGucnt Period All the powers vested IN Con.
.rrss were in full force from the beginning. and
AZ the rights withheld or denied Il II III the
beginning are denied to II now. The pro'i-
sion IN question clearly permits the imports
ton al slaves To be continued. i'at tax "r
rlu,r. Tor 50 continuing il, HAY be imposed py
the Government. not exceeding ten dollars Tor
each pc!.on Eow, il it had been the object
and intent OF those arcat and wise men who
framed Tie Constitution 10 have vested Con
cress witt, the right claimed and exercised 10y
il under this pro. s:om, ii was easy for them to
have done 80 in plain and direct ,eIn>. In
rcrloru,inc 80 great a woll. IS they were then
/ engaged in. inspired and directed by tod hun
I sell, and jealousy alive To- the distribution and
I lod..:nyut nr al! the varied powers Of the Go
ycrn,ncrt. lhcv were not the kind OF men 70
cy;trcs, their views and opinions. or couch
;ncr language in doubtful and Cm;ncanng
ycrbacc. But we must take the Constitution
a> We lind it. and consiruc ii 10y the letter;
we must take il a. Chief Justice fancy says:
"Whilc il RETAINS uialtcrcd, il must he con
>:rucd now rs il was understood nj H. adoption.
II i; not only the same i'll words, but tie
same in meaning. and delegates ti!e same pow
crS TO the Government, and reserves ana Sc
cures the same rights and privileges to tlc
citizen: and as long a il continues to exist III
It's present form. it speaks not only with Tie
same words. but with the same meaning and
intent with which il spoke when ii came from
the hands OF lis trainers. and was voted ON AMI
adopted hy the people Of the United States
ANY other rule Of construction would abrort,
the judicial power of this Court M! male IT
the mere reflex Of he popular opinion OF pas
sion of the day This Court was not created
bY tie Constitution for such purposes. ll!she!
and c,ay-r trusts have hcen coa!idcd 70 il, and
i, mast 10; G.lrrr in the path oi dwty." In 10
olh.. JUS. sense can We take tie Constitution,
or ron>.rur it upon any o:iir' in>t rriiic;'ir.
II then the Constitution means now what :.
meant at is adoption, and il Congress has noH
no Other powers or is vested with lao Other
RIGHTS under it, Than when 1t was ratified by
tie people, and if the sane rights an. rri'i'
lc,eS aye now reserved and secured hr II 10 The
rcoplc which ticy then exercised under II,
then the several Acts Of Congress prohibiting
the inroriat;on al -,avcs aud making II =
criminal offence Of the highest Grade, al" un-
warranted and most l!agrant usurpaiions ol
un,!clcga,od power. AMI most v!o,cntand de-
nn;;c aggression ,:,,an ;hcrightS and >ovcre gniy
Of the slave state: and tAc people thereof
Again. under this same clause the slave ;:a'!c
was protected hv tii" Federal Government ."r
twenty years from and ate" the adoption 81
the Constitution; there was no power III Cor
grcys tnrinc al! That period either 10 prohibit
or la make il pigurN. and the people, during
tie Slrrr time. continued To exercise the RIGHT
l,y carving on the trade without hntrancc
or molc4,atlai. When the Limitation 81 the
Government protection rXpir,d in iN1s.
sucl. expiration neither Implied i pro
hibt.,m no: piracy o' H. lay right IN
Congress. The rici: l." prohibit had neve:
been granted, but retained with the state and
/ the pco,lc III the beginning, aLd rom the he
cinn:nz. The Fedora. Government had been
CHARGED only with tie protection al the slave
trade tor 4 certain period, anl when tii> con
,titutioral guarantee for H. protection cXi'irci
il left Ia" right ~tll remaining with and III L."
cou'rc! of The respective states aud people
where il unGucStou,l!y belonged and who. II
doth still belong. 10 be cAcrc:s,! their o"n
discretion iaav auihC::se ai.I dir. There i
no power Granted 10 the Federal Government
offi slavery AMI the slave t::'Ic, either inside
or OUTSIDE lis territorial limits; whilst ri the
same time /, is bound IL protect II n com
mon rsht of lis citizens, wherever II finds II
IN their possession. A. any other r:"rer;y.-
! The Chief Justice Of the nitrd state says,
IN relation 10 negro slaves. " the only two pro
! visions of the C"nSttutl"Ii "hlcA po!nt 10
them an: include them, treat them Is p'".'r'N
and make il the ,tlty o; Government to P'"i"r'
t." Nootrr authority beyond these two provi-
( .ions can be cons;itutonaly exercised hy Con
crc>S III reference to slavery and the trade III
slave property; therefore either the law Of Con
: -rc>- in reference To the slave trade. ~ Judge
/ rancv'> decision must. one or the otl.,f. 90 by
the board Choose We between them.
We misht rest the argument here, with the
.irmcst ard dearest conviction that congress
has no right Whatever. either granted o: implied,
70 p,chhi: tie importation g. saves into The
Stale of lou>iana, founded in auY Just con
;truction or specified powers Of u" Constin-
ton. Blu: a. the laws OF Congress, prohibiting
the importation Of negro sla"cS. have been set
up a. barrier against the exercise OF right.
wl.ici the people of Louisiana nave reserved
and claim To- themselves it becomes necessary
To inquire iuto the force AID elect OF said laws.
The second e the kentucky Resolutions,
l1uS resolves. That the Constitution ol the
United states hay;m. delegated 10 Congress a
power to punish treason. c"unter!citinc ihc
securities and current coin Of the nitcd
States, pi!aclcs and tt"GrS committed on thc
high seas. and offences against the laws OF
nations and Il" 0thtr .EIHl', whatever, and
one Of the amendments Of the Constitution
hlvin. also declared that the powers not dele
Gated 10 the United Safes by tie Constitution,
Tor prohibited b. it To III" states. are reserved
TO thu States respectively, or t" The people,
therefore the Act of Congress, passed on the
18th lay Of Jnly. l19s, for the punishment "i
certain crimes against the United State; also,
an Act passed by them oa the eth Of Jane,
. l,aS To punish frauds committed on the Bank
q. the ni,ed States (and all other their Acts
which assume 10 create, dctine orPV"i'b crimes,
other than those ,nph,tro,ti in the tonstltii
ton, arr altogether void, and Of no force, and
tina; the power to create, define and punish
such other crimes is reserved, and Of right
apreriains, solely and exclusively, - III" re
spccivc States.
II this be- trlc--and who vii vcmiul" 10
.,aiuSay il: then the acts oi Congress Pr"tib
i,ing the lave trade and defining Il rs PIRACY.
punishable with death, !: not beng ole 81 the
enumerated crimes If the Constitution aye
"al;o.c;hcr void and of no force; y for the slave
trade WAS then actively carried OH under Ihc
protection OF the Government, and was 30
crime at all. much more yir,"H. In tl'c 9Th
Of the same resolutions. III reference to the n
sumption Of Congress TO create, define an';
unni.h lr:n.S liz rlnnialic hmm 1l. /: II. ed