Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-02-17
RICHMOND, VIRGINIA, TUESDAY, FEBRUARY H. 1874


or are unable to obviate the iiculty-why may
not Congress interposc and afford the facilities
necessary for the commercial intercourse of all
the States who desire to engage III it
The case here supposed il fair illustration of
the power of Congress over this subject, and
should quiet the approximations of gentlemen OF
| any encroachncnt upon State rights. Ii is not
| an interference with the internal police of any
one State, nor Is 1t the power OF regulating the
local commerce between different points of 4
State, by its own citizens it steers clear of al!
| these concerns, which, for the purposes of the
argument, may be left under the undisturhed
| control Of the State government. But it is the
higher and more extensive power of facilitating
the commercial intercourse among the scyc.nL
states" and between the various and different
sections of one great empire; power, let it be
remembered, which the states I5Rkssno OBJ
legation to exercise, and which We require
the concurrence of more than one to execute
The power OF regulating the internal com
nerce OF any one state, with the different parts
OF ITS own territories, may yet be vested in its
local legislature; but the power of regulating
the commercial intercourse throughout tie Uni.
on; OF obhteratlng geographical distinctions in
relation 10 this intercourse, and of affording it
facilities in each and every direction exists no
where, unless it be in Congress. Ii is power
this government only by treaty between two or
more OF the states, and rs, by the present con-
stituton the states are prohibited rom entering
INTO treaties, unless the power be now in the
general government, 1t is utterly extinct. Be-
sides, Sir, how can it be expected of those states,
intervening between the Eastern and Western
or Northern and Southern eXtremties of this
great nation, 10 furnish the facilities of inter
course with each OF these extremes Certainly.
they are under no obligation to provide them
and if their Immediate interests do not reunre it.
1t is no couse of complaint, if they fail to do So
Sir, 1t was to obviate such difficulties as these,
that the control over the general commerce of
the country was vested in the United States for
general, rather than local purposes. As this
power resided III no individual state, prior TO the
constitution, 1t IL emphatlcally an attribute OF
me general government; it is a creature OF the
Union, sprung up with ITS existence, and must
be co-eXtensive with its territorial jurisdiction
1t results from the new formation of the powers
OF the government, and is necessary to the faith
tul discharge of its duties. Can it be maintain
ed that the general government shall be depen-
dant, for the execution of so essential power.
upon the prejudice OF parsmony of any local
authority, or was this high power confided to us
for empty purposes, to lie inactive in our hands
"a great colossal statue, bestriding the states
OF the Union, a monument of its own insinnifi-
cancel
The honorable gentleman from Virginia in
attempting to limit our commercial power to
mere fiscal regulations, has supported his posi-
ton by reference to the commentary BY the
writers OF the I" Federalist," recommending the
constitution to the adoption of the American
people and, with this view, read that part OF
their commentary relating to this clause
should be the last to undervauc the merit of this
work, or the worth of its illustriOus authors :;
but surely no gentleman viii seriously contend.
that this government can exercise no other
powers than such are specified in those num-
bers. Ii should be recollected that these Wri-
tngs were designed to recommend the instr,l-
mcnt TO the people, and, therefore, pressed upon
their attention such arguments only as would
be most likely to secure their appreciation, "a
Their than unfold all the consequences which
would follow from its provisions. They mipbt
not choose to express all that would be fairly
involved, or. what is more likely, they did not
JTcscc the full extent OF the grant. Wise and
great as were the trainers ofthe American con-
,titution, and the authors ofthc Federalist. they
we're incompetent to such task. No man can
suppose that ii was within the reach of human
sagaclty to enumerate or forcsec all the powers
which IT might be necessary and proper for this
government to exercise III the progress of
events; and If it could do no otheract than such
as may have been III the contemplation of those
by whom it was established, it would be the
weakest of human institutions. 1t cnuld nci
ther accommodate tselfto circumstances, profit
by the wisdom OF experience, or keep pace with
the progress OF the nation. The trainers of the
AmencanConsti ndcsgned only TO mark the
general limits of a vast system ofgoyernmcnt
which they hoped would be pcrpetuatcd TO end
less ages and pass through all the variety Incl
dent to nation al existence. They did not pre-
tend to delinnate all the details of its action
they gave il in the best language thew could
employ, and left to infer their meaning &C
Cordlng to the known and established rules Oft
Interpretat n, according to the cxilrcnCics of
,hc times. But, Sir, it will be found upcr cx-
animation, that the commentary, referred tn by
the gentleman from Virginia, is not less com
Prehenslve than have supposed our powers to
be. 1t Is true, that, IN the paper read by the
gentleman, 1T Is said, GO very material object
OF this power was the relief of the states which
import and export through others states, from the
improper contributions levied on them by the
latter" and this, ne doubt, is so but 1t by no
means follows, that this single material object
was the only one to be effected, and which
from other clauses in the instrument, would
have followed without this provision In the
same number, quoted by the gentleman, the *
tent OF this clause am now considering is more
fully explained; and it is there said {. the ne
cessity of Il experimenting aut GRITTY over the
reciprocal trade of confcdcratcd states, has
been illustrated by other examples as well as
our own. In Sr}xcriand. wbc,e the uqioa is
So rery sHht, c0ch cantoa is obhged TO qIio,c 10
merchandise IT passage haough its j,,yisdiction
into other cd9'ons ,rjibom an uu,mCut,,iion oil
Me tojLs." 1t is therefore manifest, that a pow |
or of enforcing the right of pas age was evident
~ embraced by this clause, and il i, equally ma