Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-05-22

nor prohibited to the states, sail be reSerT-
eel to the states or 20 the people. II IS in
vain that orr statesmen have displayed so
much s6licituje in erecting dykes to defend
liberty from the restless intrusons of law
less power, if their buwarlSs may be Under
mined by the insidious attacks of construc-
ton.
The supreme court, by the latitude of
construction III which they have INDUCED,
have rendered the constitution the snort OF
legal ingenuity. II is no longer the safe re-
pository of the rights of the people, accessi-
bic to all who are gifted with the common
portion of understanding but its meaning
is locked up from the profane vulgar, and
distributed only by the high priests OF the
temple. The text of the constitution, like
the person Of the Grecian lady, will become
the least part of itself the eye will be di-
rected only To the flounces and fiirbelows,
in which it is decked by the supreme court.
NO man can hereafter venture to interpret
the constitution, without laying it like the
niiiniments of his title, before counsel learn
ed in the law i; and whether he gets good
advice, even then, will depend very much
on the fortunate selection of his legal advis
er, or perhaps on the amount of his fee
The time is not very distant when our great
charter will be buried under Il heap of COM
mentaries andno man will think of taking
the original text, in its simple majesty, until
he has first asccrtaned how far the ponder
Gus volumes of grave jurists will permit him
40 go. The nakedncss of truth will be hid
den by the meritrcOus ornaments ofsophis-
try, and her chaste character exchanged for
ready subserviency TO every lewd en-
brace.
Let me not be misunderstood. I am very
far from supposing that any form Of words
can be devised which will not admit of doubt.
such Is the imperfection of language that it
cannot always convey to the mind of anoth-
er the precise meaning intended. But rules
OF construction should always be auriliary
merely to the text, and never take the lead
Where the text is plain, we should look no
further where it is doubtful, we should as
certain the probable Intention of its authors.
Ii history must be resorted to for this pur-
pose, we should adhere as closely as posi-
bic to notorious facts, rather than those of
doubtful character But all these methods
OF construction should never be resortcd to
without evident necessity.
How far the supreme court have adhered
to these ntaxims, will be fully seen in the
course of this investigation. At present |
can only give general character of their
opinion. They have paid too little attention
to the text OF the constitution they have
given very partial history of the state of
opinions which preceded its adoption-and
from this history they have deduccd conse-
quences fatal to the power of the states
they have converted exceptions into general
rules, and built their jurisdiction on the UNI
substantial basis of political necessity. All
the arts OF construction have been pat into
requisition, for they were all required to
bring out the great result. Even the pre-
amble to the constitution is not forgotten,
which has slept ever since the worst admin
lstration that this country ever saw The
people of America ought never TO forget that
this preamble was made one of the supports
OF the sedition law ; and that after it was
banlshed by the general voice, it was first
drawn from exile in the case of the Cohens
vs. the State of Virginia.
These general reflections have appeared TO
me OF too much importance to be omitted
altogether and to have inserted them in the
body of the argument, might have interrupt
Ell the analysis which | intend to make
They serve to shcw the spirit by which the
supreme court are governed, in all questions
relating to federal power. If cannot hope
to Impart information, trust may at least
awaken enquiry and in doing this, my la
bors Will not be without reward.
SOMERS.