Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-03-02

the Legislature OF the state OF Delaware, or of
any other state, large or small, to resist and de-
feat the laws OF Congress made by delegates
of every part of the Union? l know that the
Interests ofthe states is, in general, guarantee
against any resistance on their part, to the cxer-
else OF a power 50 beneficial as that of trans
uniting the mail but we have seen cases of
contest between u state and the General Co
vernincnt IN which their attachment to tue con-
iederacy, has not always been sufficient to re-
STRAIN them, and we have seen them in peace
and III war. n late instance occurred between
the states of N. York and Connecticut. When
mems passions get up, there is no telling before
hand into what measures they may be prccipita-
ted.
But, has the gentleman met my argument ON
the difference between the Constitution and the
old Confederation ? That the government acts
under the one by its own intrinsic energy, while
by the other. it was dcpendcntfor every act up
ON the power of the State Legislature? Has
he shcwn that this principle of difference does
not apply to Post Roads, as well as to any other
branch OF the powers of the government 1t is
possible, admit, that cases may be PRODUCED
IN which the sense which the gentleman attri-
butes to the word 6 establish NAV ilold-but
III the constitution, as well as in the Presidents
message, 1t is used in the sense for which con-
tended.
1t has been said that one leading motive which
led TO the adoption of the Federal government,
was the necessity of some general regulation
Tor foreign commerce. grant this; but ask,
are we to refer to the various motives which
prevailed on the People to adopt the Constitution
or to the Constitution itself for the principles of
its interpretation l will draw an illustration
of this part of my subject from the records of
that profession, of which the gent man from
ErginlahaS spoken, in no very respc ctful terms,
but which has produced in all countries some
of the ablest, wisest, and best men that have e.
yer adorned our species. | advert to a case
which is no doubt familiar to the gentleman's
historical rccocction-the famous Coventry
act, which was passed III consequence of an af-
fray that took place in the public streets of Lon
don, between some knights and other persons
of distinction, and which prohibited, under Sc
we're penalties, the &c drawing of blood in the
streets"-no doubt ever did or could exist rs to
what was intended to be prohibited by this act i;
and yet, If its Interpretation had been limited by
the motive ofits en- ctrnent the preamble, it
would have been restrained to the particular
case which led to its passage. We must look
into the instrument, to its words, and not out of
it, for its true meaning. Resort may indeed be
had to the preambe-but even the preamble is
not suffered to control the Interpretation. 1t is
only used TO assist in finding the meaning OF c.
quvocal and doubtful phrases. So in the pre-
sent case-l know that commerce and revenue
were leading considerations in the formation and
adoption OF the Constitution; hut we are to
look at the words of the grant, and tn ugh |
would not say that we are wholly to reject all
consideration of the motives, yet they are but of
small avail IN interpreting plain words in the in
strument itself. Now, the self same words be-
ing applied In the Constitution to the powers of
Congress over internal, that are applied to its
powers over external, commerce, | contend that
all powers given for the one are givcn for the
other-the words arc the same-thc objects are
the same. 1t is true, indeed, that, in the origin
ofthe government, it might not be necessary to
insist on this Interpretation, because there was
then no pecunlary means to exercise the power
or at least, III very partial extent; the same
may be said OF the power to establish post roads.
The country was just out of distressing war,
followed by distressing peace. The public
revenue was in such state, that it was doubted
If 1T would be competent to pay the civil list-it
Is not wonderful that, at such time, the go
venmcnt did not use all the powers VIII CHI it
possessed.
Gentlemen have misstated, or misunderstood,
;'at sud in relation to the exercise of powers
confded to the government. | never said that
cry but that when the public good required
their cxercise-and especially when none but
Congress could exercise them, when Congress
must exercise them, or they would not be exer-
cised at all, then, not to use the power was
treachery and still hold and repeat the SEN
tment. Although commerce and revenue
were at first very leading motives to the Federal
Constitution, are we to limit the Constitution by
this rule Let us remember that thea the coun-
try had scarcely any interior-there were few
settlements, and but few settlers, beyond the
Allegheny Mountain. The whole interior has
grown up since the Constitution was adopted
and though this no new power, yet it may and
ought to call forth every dormant power con-
veycd by that instrument, the excrtion of which
may tend to the public prosperity. 1t presents
a new case-new relations-new interests and
certainly it is the duty Of Congress to look to
the whole-to remember we have an internal
as well as an external commerce; and to seek
to enable this country to say, what has been so
often proudly said in England England is
England's best customer | hope that it will
yet be said, America is Americas best custo-
ner. Sir, a new world has come into being
since the Constitution was adopted. Are the
narrow limited necessities of the old thirteen
States, as they existed at the formation of the
present Constitution, forever to remain rule of
its interpretation Are we to forget the wants
of our country Are we toneglect and to re-
fuse the redemption of thatyast wilderness which
once stretched unbrokeh beyond the Allegheny,
trust not, sir. | hope for better and nober
things. The gentleman intimates that the Ge-
neral Government may have powers in time of
war which it does not possess in time of peace 4:
but ask, has it any powers but what it holds by
grant Of the Constitution, expressed or fairly i'm
Piled And not, does it not possess the same
powers at all times TRUE it is, that in peace
many OF these powers are not called forth into
action and excrcise-but they exist ncyertlc-
lnec ar lie, Eoro 49,. :.