Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1818-09-15


to provide for the common defence. ine
power TO create courts, 50 as to secure uie
administration of Justice. The power 10
establish post offices and post roads, SO as
to ensure in the language OF the ordinance OF
tbe confede, alton Of 1889, "the commune,
cation of intelligence, with regularity and
despatch, throughout the United STATES,
measure essential TO their safety, TO their
commercial prosperity" and to their gene;
raj mel fare.
StilI'less, Mr.. Chairman, can concur
with nv colleague who last addressed you
and who would coastrue the powers OF The
general govern nent, by references t. tie II
mited authority, which he supposes to have
been given to the deputies of the conyen-
ton which framed the constitution. They
were authorized, he told US, 10 90 no more
"than supply the confederation with Inc
power of regulating, and that tor The Sole
purpose of raising revenue from COM
merce.
II. indeed, the convention overstep the
limits of their authority, their usurpailon
furnished an argument against the comm
nation Of their act, by the people, owhose
ratification il was submitted. but, When
once ratified, the constitution ceased 10 he
the act of the convention, and, becoming
the solemn act of the people OF the United
States, derived from them all its authority.
In truth. sir, this anti federal charge. WELD
ed with so much force by Henry, and now
revived, after the lapse OF near thirty years,
never had competent foundation to siis-
tain it. My colleague has confounded the
small assemblaee of deputies at Annapolis,
who dispersed without acting at all, with
the subsequent convention at Philadelphia,
which framed our present political sys-
tenn, under the broad authority, expressly
recommended by the old Congress, and
delegated to them by the states, - 10 rem
der The federal constitution adequate 10 me
erigencics Of government, and The prcserVG-
ton of the union" :,
Ny honorable colleague has conducted
us TO a path, which if properly explored,
will lead to no unimportant conclusion, IN
relation to the end of our present enquiry.
The principal defect Of the confederation.
arose from the absence of an adequate
sanction to enforce its legitimate authority:
Congress were invested with power TO call
upon the states for their respective quotas
of men and of money, whenever required
by the eXigencies OF the union, and the
states were politically and morally bound
10 furnish -lem whenever so required
This authority was designed to be COM
mensurate with the public necessities, to
provide for the common defence and ge-
neral welfare Of the states; and as the latter
were incapable of limitation, so the autho.
rity to provide for them was as unlimited
by the articles OF confederation. But this
authority rested for support on the volulta-
nv obedience Of the states, who often dis
. regarded, or failed to comply with its de-
mands. To enforce them, would have in
volved the coercion OF state /; and to pro-
vide for the emergencies OF foreign, the
federal government must have encountered
all the horrors of a civil war. The debili-
ty Of the confederation, as well as the ex-
istence of our present constitution, may be
traced to this Source. The powers of the
former government, operated on the states
and not upon the people-the remedy was
obviously TO be found in a government
which should operate directly on the !peo-
pie, and not upon he states. Such is the
remedy, 7rhich our present constitution
sought TO provide. That have not mista-
ken the true character Of this important re-
volution in our government, allow me TO
call the attention of the committee TO the
Goth number of the Federalist, which de-
rives higher authority from having been
the joint production of two OF its authors,
Mr. Madison, and Mr.. Hamilton. "The
important truth" say these able common
tators upon the articles of confederation,
(which experience neutrality-suspicious.
ces, is, that sovereignty over sovereigns,
government over governments, legis-
lation for communities, as contradistn-
giiished from individuals-as il is sole
cism in theory, so, in practice, il is sub
versive of the order and ends of civil poll
ty, by substituting violence in the place
Of law or the destructive coercion Of the
S,cord, in the place of the mild and saluta-
ry coercion of The mdgistrdcy." In prior
number of this able work, the last of these
authors more amply illustrates the same
doctrine, and demonstrates its important
influence in determining the character Of
our present constitution. =" Ifitbe possible,
he writes, to construct n federGt government
capable ofregulatipg the common concerns
and preserving the general tranquility. It
must be founded. as 10 The objects committed
10 its care, upon The reverse Of the priDcl- +.
pie contended for by the opponents OF the !
proposed constitution the very principle,
Mr. Chairman, we shall presently discover,
which my honorable colleague, (Mr. Ii.
Nelson) and all who have preceded him,
on the same side of this question, have sus- !
tanned on this floor. " 1t must" he pro- |
ceeds, "carry IFS agency to the persons Of
the citizens. 1t must stand in need of no |
intermediate Legislation /; but must itself
be empowered to employ the arm of the |
ordinary magistrate 10 execute its own re-
solutions. The government Of the Union |
must possess all tie means. and have right |
TO resort 10 all. The methods of erecu-
ting the powers vith phich il is entrusted,