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

tlOnai-tnat us authCrity was designed IN
operate, not upon the states, bat on the 81.
items of the United States-that lis Iegili.
mate powers can, in no case be enlarged
or reduced, by the consent OF the states. O,
therwise expressed, than by an amendment
10 the constitution, IN the mode prescribed
by the constitution itself-and that IFS an
thority may, should, and often will be ey-
ercised against the wishes, ithuui the an
probation Of the states, and can never be-
dependant, on their pleasure. II, to these
doctrines, there be added one, which The.
constitution expressly recognizes, and
which no gentleman has questioned in the
course OF this debate, that 5ih e7sry
po.eer expressly conferred on the federal
government. allnecessary and proper mean,
OF giving affect TO it are also impaired BY
the constitution" a doctrine. indeed q:
common sense, without the aid of which
no government could subsis., and which
had the constitution been silent, must hive
been infcrred--tEc enquiry, Mr.. Chairman
into the authority OF Congress to pass the
resolution on your table, is at an end.
#, indeed, as the honorable Speaker bas
COMMENDED, the power to establish is the
power TO construct, and the word establish
as he has ingeniously shewn, means 10 ere.
ate, as well as To- fr "a construction, which
a recurrence TO the same term, in TIE arti.
Giles OF confederation, would yet farther sus.
tain; no implication whatever is Necessary
to arrive at the authority for which We con.
tend 1t is true, this term is often fgura.
lively used, as remarked by one of my col.
leagues ( Mr.. Johnson and impres.iyely j.
lustrated, in the debate Of yesterday. by A
recurrence TO the preamble OF the constiiu.
lion, where, to establish, cannot literally
mean TO create justice, which, as he asse;.
ted, is above all human or divine CONTROL.
Yet, in the several clauses Of the articles
OF confederation, in which this term occur,,
as in that particular clause Of the federal
constitution which furnishes part Of the
topic OF our present discussion, our con.
struction Of the import OF the word establish,
is liable to no such exception. To offer
from the former but single evidence Of
this-"Congress shall have the sole ande1.
elusive power OF ESTABLISHING courts, iorn.
ceiving and determining, finally, appeals
in all cases OF capture" That no pre.er.
isling courts were contemplated, in Tue
use of this term, is evinced by the accom-.
panying proyiso, that no member Of Con.
gress shall be appointed judge Of any Of
those courts"
But, if driven to implication for our foun.
dation of the power TO construct post road,
it must be conceded that the power exist,
some where or that, to establish them,
would be nugatory. The question then a.
rises, does the former power remain with
the states, while the latter is expressly De.
legated to the general government? Ii 50,
the evil against which the constitution
sought to guard the necessary authority Of
the union, remains in full force. The fede.
raj government is cast upon the mere pleG.
sure Of he states, for the exercise OF power
essential to its existence.
II would, however, be doing injustice %
the patriotism Of our opponents, if, while
they deny TO us the full and secure enjoy.
ment Of This power, we did not, Mr.. Chair
man, acknowledge that they underrate is
importance. One of my colleagues (Mr
Barbour) regards the provision of the con.
stItutioD for establishing post offices and
post roads, as analogous to the agreement,
sometimes with, and sometimes without The
formality OF treaty, between some of he
adjacent states of Europe, for the inter-
change of mails. He supposes that the
convention designed to confer on Congress
an authority to establish a similar inter.
course between the United States. Tosus.
tain this analogy, he has not only 10 regard
the several states as independent OF each
other; hui the federal, as foreign govern
ment, in relation to them all. The con:ti.
tuition, Mr.. Chairman, is not treaty. Il
does moi prescribe The relative duties Of
states to each other; but of The citizens Of
the United States TO common government
charged with the most important Interests.
II was the act, and il established the gov.
eminent, Of one people, not of thirteen, or
twenty distinct nations. In this respect,
we have already seen, that The constitution
Of the United States resembles no league
that ever existed; neither the articles Of
confederation, which il was expressly de.
signed 10 supersede, nor any of the coniede.
racies Of ancient or modern Europe, against
the defects and dangers of which il was in.
tended to guard. The articles of coniede.
ration, did in fact, establish and regulate
post Offices bst,csen the states; the con.
stitution among the citizens Of the United
States.
Had my colleague sought for his analogy
among the political constitutions, rather
than the treaties of Europe, he would have
ended bis researches in the establishment
of the very authority for which we contend.
And that he should have done so is the more
obvious, since the transmission and diffusion
OF commercial and political nt,lligence
throughout each particular state, as vel az
between the United States, is The end oil
that power Of Congress of which he has
mlsconceived the origin, and, therefore, w
deryalued the importance.
u is due to him, TO admit that he has nol
only degraded the power which he as.
cribps tn tho TInitod c,,tes lint ,lnnipd al