Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1862-08-12

1 SGIdlQEu lOuH1 SSAp1Ae q -. = , :
Story, O: uny other statessaaR or ~jur!stet the
Federal school.
This is certainly not the doctrine Of tiS re-
nublican party of l79S rs set forth IN the W.
| rinia and Kentucky Resolutions. The VII
peinia Resolutions use the following language:
1thot aTt nhe General Assembly OF virginia.
views the powers Of the Federal Government
&c r~esnltinc from the compact 10 winch inc
States sre parties, US limited, by the plain
Gems. aid intention Of the instrument ION,
e~t;tntinr that compact, rs no further Falid
than they are authorized by the grants emu
msra,ed IN that compact and that IN the
cace Of q deliberate paipable and dangerous
ersrciye of other po,cers not granted by haid
compacL, The States who are parties thereto
hare the right and are in duty bound 10 inter
nose far aTrssting HE progress q ts evil, and
Tor maintaining within their respective limits
the authorities, riqlts and liberties otperiain-
ira 10 them. That the General Assembly
doth also express its deep regret that E spirit
has in sundrv Instances been manifested BY
the Federal Government 10 enlarge its p6w-
e.s hg a forced construction 2f'tAs ConStttu-
tioaGl chcrier achich defines them and that
indications have appeared OF a design TO es-
mound certain JsaeyaI phruseS--("hich ha"iug
been copied rom The very limited grant OF
| movers in the former articles oi Coytcdera-
ton. U ere uh. less liaLlc to be miSconStruedl
so ~ TO destroy the meaning and elect OF
III. p.rtjcular eGuncration, which necessarily
c~1piains and l;mtts the general phrases, so as
10 consolidate tie States bg degrees into one
sopsrsigaty, the obvious tendency and mey1la-
bic result OF which would be to transform
the present Republican system Of the United
States into an absolute 81 at least c mtrea
Monarchy"
The following quotations. are from the Ken
lucky Resolutions drawn UP b. Mr. JEFFERSON
himself, (the ITALICS, Us il the ls:'t quotation
are my own:
THAT the several State composing the
United States Df america nre hot United on
the n~rincir,lr ui 2ati7nitt2 sh5MiSSi6n TO inc
General J;nyernmcul; kGt that by 4 compact
under the style and Title OF Il Constitution OIL
| the United States, and Of amendments thereto,
they constituted Il General Government 1or
sueciul purposts-delcgated 10 that Gnierf-
men, certain definite powers; r%eSsrft"J @icH
S:afs TO iifsstJ The reSiaHary mess q right 10
their 6,cn Stlf.y1peramt"'; that "iIrL'ocFei
| the General government aSsnncs "i!ds!SyH'et:
Dv,cey. iia acts are aGdah6Tit&iire,- cod ana
Of no force; tl.at TO Ll,is compact each stale
acceled Us 4 State, and Is III integral party
lis co-States forming as to itself the other par
tx: HAT the G]0rerhment cred!Gd W M!Srom-
poct rqs not made the t~rctuelio o. jfHM JUDGE
,IofMe cr.emt 0Jftae powsrs detsJa'sf'o d-SAf'
tEat poa7d hqre nt:ie LIS DISCRETION, ana no'
Tie Constitution, the n.HnE"|e q as pIisefS;
bit that Ms III all ether case. 81 Coinpac.
among parties having 10 comsm5a JUDGE eGtt
yar,y las an cguQi riyhtto JuDGE .fdr 'SsJ as
:geN Of tnjractioas rs ! he m"rie u"d meaF"'s
trsa"sss."
And a@aiu:
"Y'au. The construction applied ~ Hs Hcn-
sral Government las evinced b. snndTy OF
their proceedings to those parts Of the Coii-
+ s~liIitinn O! the United States which delegate
to Congress Il power 10 lay and collect taxes
duties, i,nrosts sEd ~eSciSes; Il pay tile aenls
, aud proride rIT liz comMi1 dsfs4cs ana gen
eral welfare oi the United states; and IL
:, Iuake all Laws Necessary and props: lor car
rim. mic execution t!Ir powers fes''o u!
! lie Constitution iii The uoTTiuaieni oil IL:
United States, III any department thereof
>t.s 10 Tx destruction ~ ~. taI ii"''3 pre-
y,rfhei 10 Their 1"r"cr ~ Ma t"n.tif.f'a.-
That words meant by that Instrument to bt
s.bsidiQrv oHiy 10 tkc ersc<"" II me 'tm''e0
poue.s ought mol 20 be 50 c"n$tr"ed a* tae"!'
ssless tn girr unlimited PowerS, n@r Il paH 50
70 b.. TAKEN as 10 lcSt1oy tie alhcte reSianc q
tie Instrument"
But let us examine yohr doctrine Il lhtie
further and See whether il cHu be fec6iIrilet
10 the construction lately put upon the Con
:. ~stitutidn br the SIstr; composing the Con
fcdaracy, over which yon preside, snd The q
ton lately taken b. THEM.
The Constitution Of tile United States give;
Congress the power TO provide lur calllns
forth the lnilitis 70 '.suppreSs insurrections.
Carry out your doctrine, and Congress nidst,
Of course, Ee Tie Judge Of %hat constitutes al
in.nrrection, GS well as Of the mcans "nscsS'
sd5y and proper 10 De used il executing tht
atecltic power eivsn to Congress TO suppress
il. Georgia, claiming that the Congress "ftl'
United States had abused the speciLe power:
granted TO it, and passed laws which were no
"a,cessayy aRsl proper i'll executing thasi
~sprc!tic pos .ra, which were Injurious 10 her
ueoplc, and claiming To be herself the JGaye
seeded from the Union. Congress denied lei
bower or right TO DO so, and acting upon The
doctriue laid down by you, Congress c!aiih:'t
To be Tie Judge. procnedcd to hdJudieate lhS
case, and determined that the acl!Un OF l'e6r-
gia amounted tosxn Instruction, and passed
laws for its suppression. Among otacrs, they
, have passcd q law, if Sc may credit the news
-. papcrs, which authorizes the President 70 arm
, our negroes against US. Congress will III
doubt justify this acI, Under the specific power
given to it by the Constitution, 10 raise ar
mics" as the armies, as we'll as the militia
may be used to suppress Instruction, ana K
execute tie laws. Apply tie test laid I9wI
b. YOU, and inquire, is this law calculates
and intended" 10 carry Gut the Object ,iht
E suppression Of the InsUrraction, and tie exc
cutiou Of the laws OF the United States il
, Gsorpiaj : aud does it "deYise ana create u
, instrumeutalitv for executing the specIli'
oswer granted Z" Congress, tie Judge, I'LL
tswers the question in the affirmative. Thera
lore the Law is constitutional.
, Again, suppose you are right: and Congress
i has tie constitutional power 10 raise armies
by Conscription, and without the consent 0
the Ststes, 10 compel every nan in the Con
iaderacy, between Is snd IS years old able tt
. bear arms, to enter these armies, yon mus
admit that Congress has the same powert to ex
tend the law, and compel every man between
il and 60 To enter. And vua must admi
that the grant Of power IL as broad III tines O
ueace as in tiIues OF var, End there is IN III;
grant 10 language to limit II TO times OF war
IL fellows that Congress las the absolute con
troll Of every lusn i'll the State, whenever il
chooses 10 execute to the full extent thu
power given it by the Constitution to "rsis'
armies" How easy q matter 1t would iIari
been, therefore, had the Congress 81 The
United States understood the full extent o; it:
power, to nave prevented in u manner per
fcctIy constitutional, the secession Of Georgia
and Missi@slppi from the Union 1t WAS only
necessary TO pass a Consumption Tar declaf
ing every mall in both States, able to Dsal
arms, To be Ill lii. military service OF the I'M
ted States, and that each should be treated rs
Il deserter if he refused to serve; and thal
Congress, lie JuHgs then decide that this lsw
was "necessary sll proper and that 1t Gre