The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-05-28

tiiat IN taking review OF the constitution
ne found general, as well as incidental pow
ers enumerated therein. did not see the
precise application the gentleman intended
to make of this remark; but L have been
induced to review the constitution in refer
ence TO this subject, and it does appear to
me. thatthe Classification and definition of
powers IS as we'll arranged as human wis
dom could devise. ] know that nothing is
perfect. which is the work of man , that
no language rs capable OF perfect definition
But as Jar as definition can be drawn from
language conserve the constitution exhi
bits as perfect All. example as is in exist
ence. In the next place, the gentleman re-
marked, tnat there was a number of cases
IN winch Congress had departed from the
par ocular enumerated powers in the consti-
tuition, and had resorted to implication or
construction forthe derivation of its powers
The remark is perfectly correct-and
am very ready to admit, that there is no
such thing as carrying into effect enumerat
ed powers in any instrument whatever with
out the intervention of certain derivative
aud implied power. But if the gentleman
mad succeeded in showing that there had
oeen alterations by the Congress of the u.
states from the enumerated powers of the
Constitution would he think it correc,
to use those alterations as precedents for
still further alterations Ought they not
rather TO be considered AS mementos on the
part OF Congress to induce them to tread
with more care. and, it they find that
their former errors could not be supper; ed
by fair and candid construction of the
constitution, toresrrain the laws within its
wholesome provisions t-Certainly that
is the use, towhich the history of errors pre-
sentedby the gentleman from Georgia ought
to be applied. But before proceed to ex
anime the subject with more accuracy, l
cannot avoid expressing my surprise at
another observation which fell from the
gentleman. The gentleman observed that
the argument drawn from the distinction
between ends and means was incompre-
hensible ;" and he went so far as TO call
1t " nonsensical jargoh'' II is not onlv
comprehensive TO me- sir, as l conceive,
but, IN my opinion, is the only way IN which
just construction of the constitution is to
be attained. This results. from the peculi-
ar nature and organization OF the instru-
ment. Permit me here to endeavor to il
lustrate my idea by a reference TO the con
stitudon itself. The Constitution is an in
strument which grew out of the situation
OF the u. States, at the time of and proceed
ing It's, adoption and to show that the CON
sttuton recited the great objects of its
formation. and then prescribed the means
tor carrying them into effect, beg leave to
refer TO part of the instrument itself. The
preamble, like all other preambles. was
designed to express the objects of the in.
strument, or the ends to be effected by its
provisions. Z" We. the people of the u.
states, IN order to form a more perfect
Union, establish justice. insure domestic
tranquility, provide for the common de
4ence,. promote the general welfare and
secure the blessings Of liberty to ourselves
and our posterity; do ordain and establish
this constitution for the u. States of Anne
rca. What is the plain language of this
preamble!, The answer is obvious That
certain great ends or objects are here propos-
ed to be effected In what mode, or bv
what meano are they to be effected? The
preamble tells you, sir, "by establishing
this constitution for the u. States of Anne
rIca." That is the mode in which these
great ends arc proposed TO be effected
and the body of the instrument prescribes
the means, which were deemed necessary
and proper to the effectuation OF these ends
This subject will be better understood by
throwing the mind back TO the period of
time. when this constitution originated
and reviewing the peculiar political situa-
ton of the U. Sta,es then. and for some
time antecedently thereto.
At the time, and antecedently to the
establishment of the present constitution, the
existing state governments were in pos
session OF all the powers of sovereignty, sub
Ject only to feeble and inefficient articles of
confederation, without the means of eKecu
ting their own will and resting for It's ex-
ecutlon solely on acquisitions upon the res
pectlve states, which might either comply
or refuse to comply with such requisitions
at their discretion. A noncompliance vas
almost invariably the result of state deli
oerations and hence the feebleness of the
Old confederation The present constitution
was adopted as the remedy for this great
and alarming evil. Without it, 5isunion and
ruin to the states would have been the inc
Vilable consequences because, upon actual
experiment, the states were found utterly
neon petent 10 the due administration of
az the powers OF sovereignty entrusted to
their management. The reason Of this in
competency was, that some Off most i'm
poTiant powers OF sovereignty inherently
possessed geographical influence beyond
the geographical limits of the several states
individually ; and their jurisdiction could
not Transcend theirg ogra phical limits OF
THIS descriP ion OF powers, is the bower to
declare war, &c. to regulate commerce, &c.
&c. and all the other enumerated powers
OF the constitution. In consequence Of the
conflicting systems adopted By the several
states IN relation To some Of these powers,
which we're then in practical operation !;
particularly in the conflicting regulations
OF commerce; the states were getting into