The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-06-14

VIII be countcrveiied bv the decisive Chez
!, given to the ineqnities osthe fraudulent deal
: or. AS to the oppressive exercise of the
! powers given to executive officers, that is
I out of the question. There is no motive to
prompt 1t, and the spirit of the country would
not bear it. Does it exist? Is Ii felt? Are
provisions scarce many one point, OF, is their
/ price materially elevated in one place or de-
/, pressed IN another. thereby supplying the
materials for perncious speculation The
tact is not alleged; it does not exist IN
| stead of this, the inevitable effect will be to
diminish speculatiot.
Nov, as for the Observation-Disclosures oethese
provisions. 1t is commended that tie consti-
tuition does net authorise some of the provi-
SONS in the last supplementary act; and fur
! Their, that iTit did, that act does not autho-
sident.
! The powers given 5y the act are said
to be unconstituuonaL because the conssitn-
ton only gives the rower to regulate COM
merce, not to enafss;iotc il and declares,
likewise, s"that nopreferenfe shall be given
by any regulation of commerce or revenue to
tue ports OK one.state these, of another. -
Tine hrst argument, it will besat once per-,
| celved, applies 70 the tsrincsysie of the en-
| oarGo. as well as the supplements. The ar
ticie OF the constitution relied on sthis.-
l
commerce with foreign nations, and amonp
the several states, and withthe Indian tribes
MS power was given, npt SO much with
gelW to the protection OF commerce Though
ldon5s.ess thai too may have been con-
tenpiatet!} as in, order, Id the language of
the constitution, g to form more perfect u
mon, establish justice, instre domestic tran
9mitY, frov!ae for the common d. fence, tro-
n;ose fse general sorlfare, and secure the
blessings ot liberty to ourselves and oar pos
lterity these being all tho o,,icc,s specified
in the preamble of tina; instrument.
1t is without hesitation Omitted that the
power to rde1iio.,. does moth include The now
er to annihiiate commerce. The idea Of an
anf'hilapnS it is absurd human existence,
savage OF civilized. depends upon it. Reg,-
late it to ten times the extent done bv the can
barge, and it still continues a vide extent.
hey who talk of the emhlrro annihilatinp
commerce talk without Understanding the
force of words. Carry theembareointo the
fullest eject and there still remains by far
the greater part OF the coh.nercc between
man and man previously c1rried on in the
interior, there remains that portion Of trade
which consists in the imp0tation of foreign
! vessels, and the trade of tge American mer-
| chant from one foreign not to another, with
various other species OF t:afic, which it is
hot necessary to enumerae. 1t is manifest,
| then, thae trade In. this ptint of light is 10.
annihiiatca by the emhareh.
Further, annikilation implies permanent
destruction. Can that t.ien Dec allied hern,a-
aeat desF7'uctfo1, which i, nothing more than
ten ao10rY snshcnsiea2 We're the provisi-
ons ten, times as severe, they could not, u1,-
der this aspect of the subject, amount to the
| annihila;ion of Commerce. As tIey ave thu
nave neceSsarily flowed from the ppwer to FRO
Vtac .5or me co7np1on Defence and to hromofe
me general Eurliare. Ard Il these great natl
onai otjects dictated either such a measure as
taat resorted 20, or one still more severe, so
| ieng as they were adopted as temporary. they
would be in strict correspondence with the
conshtutirn Letns pus a case which we appre-
mend 70 be completely decisive. Congress
aave power 10 declare gar, AS wen as pow
o. to regulate commerce.. Would not the ex-
ereise ut the nrst power connected with the
dnty Of defending the country, in case of
war, shoud be declared against all the ma
tons with whom we have commercial inter-
| Course, warrant their prohibiting the supply
OF our produce to them or their dependen-
GIGS In case they opened thcr ports to our
vessels and promised To refrain from taking
fhem on their passage over the ocean, Itcer-
ea,nly wouid--thcreby proving that the DOW
or to regulate Commerce may in certain e.
vents, temporarily suspend it altogether.
But no preference shall be given BY any
regulation of commerce or revenue to the
ports OF one state over those Of another -
and, yet, the supplement prohibits the go
ing az any vessel to the ports of districts adj
Jacent to foreign possessions. We are said
70 give a preference to one place over ano-
tner, when we confer upon it a privilege de-
MED 20 the other. The expression as here
used, mrst mean ir.gnt srip!!e4e, as all
the trade OF the L. States is carried on I'M
der certain provisions prescribed by law
EHn" th@Se pro:!S!G:S &C. "c!, as TIC cons.;...
tional provision quoted, have for their OBJ
jrct the securing TO- the whole u. States, the
same benefits, and the supplementary inter-
DctIon goes to insure this very end But for
1t, the temptations to fraud in the districts
adlacert to foreign pos sessions would be SO
great, rs to give to their ports Il decided
Pr3ere'1ce over the other pntts Of the e.. s. !;
asin the latter the embargo would be strict
~, while IN the former il would DC laxly en-
forced. Ii by this provision there be a pri-
VileSe taken away, IT is the unjust & illegal
privilege ola fraudulent trader
20 much for the c0nstitutionality Of the
supplementary act now, for the measures
adopted by the President to Garry il into
effect. The 1Itb section authorizes the col
iectors TO detain any vessel ostensibly bound
with cargot to some other port of the II. :
whenever in their opinoon the intention isto
Violate any of the cp,barpo ilrovisione uu,;I