Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-03-16
RICHMOND, VIRGINIA, TUESDAY, MARCH 16, 1924

exercise an uncontrolled discretion over that
subject within its own territory. do not know
SAID MIR. Is. that any certain rule could be laid
down, by which to Judge of the intention of the
trainers CT the constitution, respecting the pow
er granted. 1t was necessary to confer so much
as would be sufficient to provide for the common
defence and general welfare aud they appear
TO have been, IN mOst cases, cautious not to
leave to the control of the States, such matters
as would most probably have been managed by
each State with an eye to its own aggrandizc-
,nent regardless of the interest of others as for
example, foreign commerce, and commerce a
moug the States. Under the articles of confe-
Iteration, previous to the adoption of our consti-
tuition, various regulations concerning commerce
were made by different States; founded upon dis
similar views of the subject, and regardless of the
interests ofany other State, except that adopting
the regulations, which proved injurious TO ALI;
and hence, the clause IN the 9th section of the
LIST article: No preference shall be given &c by
any regulation of commerce or revenue, to the
ports " OF one State, over these OF anothern &C.
And here, sir, said Mr.. b. let mo remark, that
the observations already made, as to the ineaua-
ity OF interests ofdiTerent States in the protec-
ton and extension of foreign commerce. and as
to navy, furnish a satisfactory answer to the
argument relied on, that as the constitution pro-
vldes that {" all duties, imports, and excuses shall
that no capitation, or other direct tax, shall be
laid, unless in proportion to the census or emu
meration directed to be taken, therefore no ap-
| preparation of money could be made, to the con-
struchon OF n road or canal, in one State, which
would not afford equal advantages TO all. In
deed, few, II any, appropriations arcmade, which
operate with perfect equality on every section
a certain degree ofliberality and magnanirnity
OF temper must be observed, on such occasions,
or 1t Is IN vain that we have associated for the
purposes OF common defence and general wei.
fare. 1t has also been insisted, that ali munich
pal power was intended to be reserved to the
States respectively, and that as the power to
make road or 4 canal, is of that character.
therefore it was not intended to be granted
The conclusion is correct, if the premises be so;
but here, again, the fallacy ofthe argument re-
suits from the error of the position assumed. But
the true question here, is, not by what name the
power granted should be called but, has the
power been granted 1t is inmaterial, whether
we call it 4 national, a federal, or n municipal
power; whether it was conferred by the States
as such, or by the People of the United States,
as nation. In either case, it was granted by
those who had right to do SO. If, however, it
were necessary to shew, that power, strictly mu-
nicipal, has been conferred on Congress, / would
only ask, said Mr.. Ii. what is meant by munich
pal power; and then turn to the 9th section of
the lst article of the constitution. The obira-
ton ofnational law cannot be traced to leeisla-
tive enactment. Itdepends upon the principles
of natural justice, and has been adopted by the
consent of nations. Municipal or civil law is a
rule of conduct prescribed by a people, for the
government of themselves. Civilejus est quod
quisquc populus sib constitute"
proceed now said, Mr.. B. to determination
of the clause d the Constitution, which gives to
Congress the power to regulate commerce with
foreign nations, and among the several states.
&c What is ment by the regulation of com
merce? Does it consist in prescribing rules
concerning it, without the power to enforce those
rules Or was it intended to give to Congress
its entire management and direction? 1t is said.
that this power was given g to prevent undue adj
C vantagcs being taken ofthose states which
were less favOrab!y situated than others, BY
g the laying of exactions on the passage of their
products to a market" Suppose, then, that
a state should lay, and attempt to enforce, such
exaction could not the general government in
| terpose its authority and remedy tie evile It's
power in such cases could not be denied. fla
Estate should attempt 10 prevent the citizens of
any other state from free passage with their
produce, through the territory of such state, By
placing obstacles in the way, as by closing the
only direct or convenient road would any one
|
general government If, then, Congress has
the power, so far to regulate commerce be-
tween the states, rs to provide for the removal
of such obstacles, upon the same reasoning it
must be admitted that it has the power to cause
natural distractions TO be removed by opening
Il necessary road and canal. The citizens of
some states would be in most unpleasant pre-
dicanent, if any other stats had the right to re-
fuse to them permission to pass through its ter
ritory with their produce. fit cannot prevent
them by eXactions, so neither can it by clear
ing road, or by refusing to open one, or to per-
nit it to be opened
| But, this, say gentlemen, is limited govern
ment, Il especially in its powers of appropriate
on. Be it so. But if we have right to appro-
pirate money under this clause, for the purpose
of protecting and extending foreign commerce.
we have the same right to id, in the same way
commerce among the several states. From The
very commencement OF this government to the
present period has Congress claimed and cxcr-
cised the right to appropriate large sums of mo-
.ney to facilitate and extend foreign commerce,
| by the erection of not only light houses, sc.
which arc within state limits, but also for other
| convenenCes-such as buoys, marine canals,
&c. Now, although the exercise of such pow
er does not prove that it has been rghtfully OK
crCised, yet must insist, that the construction
thus given TO the constitution, which has been
] persevered in for such series of years, which
has never been complained of by any, & which
has proved to he practically beneficial, ought to
be considered as conclusive. Indeed, all who
oppose this measure, acknowledge the correct
ness of such appropriations, for foreign com
| merCe when made under the 9th section of the
1st article, or when made beyond the limits of
state. If, then, this be limited govern