Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-02-17

commercial power ovcrthls branch otcommercc
'"u co''ine II 10 single government. In th,
S'rM number oi the g Fede,a,iist,n the object !;
cnphatIcally stated to be to divest the states n
thls power, to prevent the evils of ..riyalsbip
anu competitions OF commerce between com
inerclai nations )" and every one must perceive
'ha' 'hese 79ralShips would be as likely to in
'errup' the intercourse, by actual distractions
as oy 'hc less eficctual cxpedients of discrim.
iauiig iihpoSitions. In the eicrenM number o
''' same commentary, the utlityof the com.
iEerciM power III Congress is thus explained
IN 'ntreSt'uiaCd Intercourse betuce,. Mc sto.e,
| ttcmSefveS, will advance the trade of each nv
an interchange of their respective productions
nc views OF commerce, iii every part, will he
repicniShed, and will acquire additional motion
ana VIgor from free circulation ofMe conn,odi-
,"S q cre'y part. 1t may perhaps be replied to
TINS, that, whether the states are united or dis
united, there would still be an intimate inter-
course between them which would answer tho
| same end. But this intercourse would bc fit-
| eered, Intercepted, ana narrowed by muitiDli-
cuy q causes" Is it not evident from all this.
'hat 'nterco"''se among the states, free from all
restraints ana interruptions, III whatever manner
'iey should he lntcrposc,!, was the object of the
power: AND how can this be effected without
authority In Congress to prevent information.
ana provide the means Ofintcrcoursc? II. with
out this clause, the states had the power of in
teFruPtinS the intercourse in future commercial
sovereignty, they had the power also of proyi
uihS the means of carrying it on; and ii they
nave been deprived of the former, and have
parted WIN Their control over the subject, by
what process of reasoning can it be maintained
'hat they have retained the latter?
assume il to be proved, then, Mr.. Chairman.
among the sereral Nafes," is vested in Con-
gress, ana that we are bound to employ all the
means which are necessary and proper to make
II encctual, and to conducc to free and easy IN
tercourse.
Admit, that the means to be employed must
nave natural, an appropriate, and even a me-
cfssa'y relation TO the end proposed to be attain
ca. lhey should naturally and directly pro-
mote, and be immediately subservient TO. the
great object III view. But deny, as has been
co"'cilded, that they must be absolutely indis-
Pe'StD'e, or the only means which could be cm-
ploycd Ill relation to the object. Such never
could have been the intention of the const;tn-
tion, which, upon such principles, would leave
the government without discretion or rcsnonsi
oillty' II this doctrine were true. instead or
composing Congress, as we now endcavor al
lcast 10 10, with the virtue and intelligence of
inc natloh, by men distinguished for their
knowledge and sagacity, we should select such
as are ignorant, and ofnarrow views. the instru
nlents OF blind impulse, and to be moved only.
by some stern irresistible necessity. Under
such doctrine, no act of Legislation would be
sale Tor, though, at the time il might he SIM
posed TO be absolutely necessary, vet if suisse
quent experience should prove it otherwise. the
acts would, for that reason, be unconstitutional
Dir, according to the true spirit OF our govern
- mat
over all these subjects, and use our powers. as
| far as we know how, to promote the banniness
OF the people; discretion implies the power of
selection, and III adopting measures for the per
tor1nance OF the high duties confidcd to us. we
must take those which, according to the cir
Cuiiistalces, VIII most certainly attain the end
In all TINS our responsibility is to the people.
who, If we err, will not fail to amply the re-
medy.
In executing the powers of thi, government
we cannot and should not, discard the lessons of
experience, and we are always safe in adootine
tnose measures which are, in themselves nIne-
oia'ey relative TO the object, and which all
other governments employ as the means for tbe
attainment of similar objects. insist that this
is the safe and reasonable criterion, and con-
tend that roqtks and canals are the natural and
appropriate means of executing the commercial
power with all nations, and are considered by
every government of which we have any know
ieogea as falling properly within the range OF it's
commercial regulations. Ii is here the mistake
Oh gentlemen on the opposite side consists, i'm
oleidihe the OJects of government with the
means ordinarily employed for their attainment.
and In treating roads and canals as distinct from
the commercial power, when in fact they result
OF necessity, from It's exercise. The general
o"l'CtS OF a government are few, and easily de-
hned, and the power of executing these includes
o" oIhcr powers winch arc necessary to their
execution.
The create jccts of good government consist.
principally, III procuring the hnppincss of the
nHi'on-in P,omding for its neccssities-aHd II,
to'tJy'ng 1t against hoStite attackS.
In the first class may be conprehcndcd ali
regulations regarding education, the o,,ts and
sciences, rc'is;m, and the whole field of ;ustice
and Potuy. Over these, the state and general
governments exercise, in some measure adivided
dominion, but with equal means for the attain
ment OF their respective objects.
In the second class are included the 0r,-j-
c"lftnm and commercial, and in the third, the
military porer.
The m|itnry Po,rer is cxclusivelyin the rene
raj G0rcrWmcnt and in virtue of this authority
we employ all the means which arc ordinarily
employed toy other nations for the same object
Under this power and naturally incidental 10
It, we build forts and 01'ScHnis and erect Coyti
tIcationS, nd Hbjtvm, whenever we deem Thorn
necessary for the defence of thc nation. VIII
any gentleman say that torts and nyqc,qlg arc
more necessary toT the purpose ofdcft1cc than
roais and c'adls FOR those of commerce, A
country may well be defended without either
forts or drS"natS, which donot always afford tfc
pest protection but no ono would hazard the
OPINION, that commerce can exist without either
roads or cHlris. Tie honorable gentleman
from Virginia has said, however. that our an |