Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-02-12

of the power. One gentleman comes FIR
{ ward and claims il under the clause TO esta.
hl'sh post Offices s. post roads, A second dis
>. ca'ms this source. but seeks il under the RICH,
10 regulate commercr.' third does not be-
: ievs II ~ ~ either, but maintains that il is
} given by the clause empowering Congress 10
, declare war; A fourth, from the power to
appropriate money. A fifth, from the clause
authorizing us TO pass all laws necessary and
proper to carry into effect the powers vested
J IN The general government and a sixth. from
the power to provide for the common de-
fence and general welfare Now, is it not
singular, MIR. ). asked, that power of such
magnitude should have been left to implica-
non, ana he capable of being attached, by in
genious construction, TO so MANY and such
cnnlict'ng powers, in an instrument SO dis
hncf, so cautious, SO minute, in all its speciG
cat'ons. as the constitution of the United
Siates The honorable Speaker, in his able
anu ingenious argument, took his stand upon
the power TO make post roads, and to regulate
commerce between the states, though he adj
h"tec mat the commercial clause was the
most aoubtful source Of power. He contend.
eu that the whole question turned upon the
true signihcatlon of the word 7" establish"
which he asserted to mean lin the sense in
which II is used in the constitution 70 fix,
bu'id, create make firm. Mr.. S. said
mat ne was not IA little astoDished that The
Speaker should, in the construction of an in
s'r'iment SO sacred as the constitution, have
confined himselfto verbal criticism and play
upon words. Did he go back to the peri
Oh when The constitution was formed, or give
us The circumstances which led to its lorna
non Did he call to his aid any of the able
writer's who have given us commentaries on
It's meaning? Did he shew us how these
clauses in the constitution were considered by
the conventions who ratified 1t? DID he re-
sort 10 me discussions in the state conyen
| uGns DID he compare the various parts of
The instrument with each other No. sir
he told us simply that the word establish"
meant TO create and that the whole argu
inent turned upon the true Specification of this
word.
Now, snid Mr.. S. am directly at issue
with the Speaker, as to the meaning of this
word establish five go TO pathological an
thority, or common usage. IL is much oftener
nsed 10 signify confirm adopt. designate.
tnan 10 create, construct, or build. Establish
| is 10 render certain, fixed. We speak of an
established church, an established reli
s'on.' We do not mean church or religion
created bat one fixed by authority. The
word establish includes the idea of authority.
when used in legislative sense. II ha. h.rn
SAID that, to ascertain its Specification ia the
clause under consideration we must resort
10 other parts of the constitution. where Nh.
word Is used IN the same sense, or in relatiop !
To the same subject.
In the 9TH article ofthe constitution. il il
SAID that the assent of nine states shall be suf
hcient for the establishment of this constitu
INN NOW, THIS sord establishment, was u
SEQ SEQ tnere 10 mean confirmation, adoption, ra-
tncation. 1T was not intended to mean Gre
a'ion, because the constitution had been pre-
vlously formed and was in being; il WAS on
w to be presented to the people TO be ADOPT. |
ed and confirmed.
=, again there were other strong legislative
Illustrations, Mr.. S. said. Though he scarc.lv
thought this verbal criticism befittcd the dig
MY OF mat hoiise,) which would 90 TO show
now TINS word establish was intended 10 be
luseu ny the trainers OF the constitution. In
We year J775, Congress appointed a Post
master, with power to establish lines ofE
weekly posts from New England to Georgia
NOW, MIR. ). said. it would not, he presumed,
De commended that the Postmaster General
turing the Revolutionary war, under the pow
er TO establish posts and post lines, or routes
could have exercised or claimed the power OIL
creating, and actually making, roads, against
me VIII OF 'he States. Then, Congress- had
no more power over the territory or iurisdic
non OF The states, than they had in any conn
"ys'H EUROPE. Ii was only meant to give the
power OF designation and marking out the mar
tcular roads or routes to he used as me,
roads; and such, no doubt, was The meaning
OF the Trainers of the constitution in giving
congress The power to Sc establish post Offices
and post roads,
Indeed Mr.. S. said, that This was their
meaning, was rendered clear TO his mind. be |
ynnd doubt, by the provision in the Articles
OF Coniederatlon upon this subject Under
the confederation, IL never was commended nv |
any' that Congress could have forced their |
way mo the states to make roads and canals |
ne states were, then, 10 be coaxed into mea |
sures, not coerced. Yet the Articles ofCon-
federation gave to Congress the power ofss es |
taohsD'ng and regulating post Offices. from
one STATE 10 another, throughout the United
States" N o"''eu
Ems power was transferred from the A r,;-
cles OF Confederation to the constitution =.
and The word establish used in hofh. was
10 be understood in the same sense. he
thought that this was conclusive.
But, Mr.. S. said, he would discard all arpu-
ments arising from the literal meaning of This
word establish and would 20 io a fair and
just construction of the Constitution. AS i,
was understood by its Trainers and the peopls
w relation TO the extent of this power now
claimed P'"'' W."
he laid it down as an incontroverfible r,,Is
IN the construction Of all written iustruments
mat " the meaning be clear, All the coose,
quences, whatever they may be, were TO be
auInIiled; but, If the meaning be doubtful
inen It was fairly triabie by ITS conseauences
VOW would be conceded, he presumed. Inv
a'' that the power claimed was at least =
doubtful one, aud, IL so, that il was fair To exa-
n'ne tne consequences to which il would lead
ny way ot proving that it never was intended
% II %