Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-03-05

L.
tuition which gives to Congress the power to
regulate commerce among the several statesn
The honorable gentleman from Delaware, (Mr.
hcLane, seemed to treat this as n question of
incidental power, but it is strictly and exclusive
" question of erpress power. The whole
controversy depends upon the true import of he
word 6 regulate" If to 6 regulated means to
promote" or to facilitate" then the POWER
to make roads and canals, as an ordinary and
natural mode of facilitating or p,omofiag com
merce, seems to be clearly comprehended in th,
terms OF the grant. If, however, TO regulate
means 10 make rules, as il certainly does in the
PLAIN and common use Of the word, then it gives
TO congress 10 ether power than that of making.
the rules, or prescribing the terms. upon which
commerce among the states shall be conducted
that Is, the power ofmaking commercial ,r,q:
MttonS, as applicable - the reciprocal trade OF
the states. But, would any person call roads
and canals comm, ,ciai regulations The whole
question, then, might be safely left to an upso-
Phisucated common sense Interpretation of the
language OF the Constitution but, as the arpu-
mcnt otthc gentleman from Delaware was GER
family an original and ingenious one, beg leave
to analyse and examine it more particularly.-
The outline OF the argument was this that the
OBJECT OF granting to Congress the power of reg
utatlng commerce among the states was not, as
had been supposed, to prevent one state from
laying burthcns on the productions of another
state, passing through its jurisdiction, THAT OBJ
Ject being adequately provided for by another
clause of the CONSTITUTIONAL but to prevent a
greater mischief, absolute prohibitions of the
passage, which, If they should occur, it would
De competent for Congress, under this power.
10 remove; that, IT Congress can remove legal
restraints upon the trade of the states, il can re-
move physical distractions, and, if it can re-
move physical distractions to the trade of the
States, IT can create new channels for it. How
ever nicely concatenated this chain Of dcduc
IONS seems to be, shall endeavor to shew that
some OF ITS links are too feebly connected to sus
tam the CONCLUSION which depends upon it. The
gentieman's first position is, that the power 10
regulate commerce among the states, was not
given 10 congress to prevent one state frcn,
imposing duties on the productions of another.
passing through its jurisdiction, because, if this
were the only object, the power would be rueu-
gdtory, another clause of the Constitution hay
ing expressly restrained the states from layipe
duties on imports or exports. In relation to
this position, will only remark, that the honor
able gentleman seems to have mistaken the
purpose for which the passage in the FederaIist
upon this subject was read, by my able COL
iergue, lP. T. Barbour) who opened this discus
sion. That purpose was not to shew nor does
the authority cited import, that the oniy object
OF the power IN question was to prevent the
states from imposing duties on the productions nj
each other, passing through their respective iu.
risdictlons. 1t was mentioned merely as one of
the objects of the power. A farther object nm
doubtediy, was as the gentleman himself has
satisfactorily shewn, 10 prevent arbitrary inter-
ruptons of the trade of the states, ar;sno from,
acts of positive prohibition, and other similar i'm.
Pc dIments. But the gentleman is not satisfied
even with this extension of the power. He says
that power OF such apparent magnitude could
not nave been intended to be passire-a D,onu-
ment o. ats o,cn h,sign fcance--and that, lift ex
tends to removing no other obstacles than sucb
as may be mterPosed by adverse and unfriendIy
legislation of the states, it becomes utterly mas
sire. why, sir, 1T is, in this respect, like MANY
other powers granted by the Constitution. Tho
powers to &c repel invasions' and to eesuppress
Instructions" are paSsire until the proper oc-
CasIons occur to bring them into action And
the honorable gentleman will permit me to re-
mind hun that this very horror of passipe autho-
rity, acting upon one of the powers lust men
ucned, was the parent of the seditior, Ian. The
reasoning was ths-the power to suppress in
surrectIons" implies the power to precent them.
and the power to prevent them implies the pow
er to PUNISH whatever may tend or Lead TO them
-hbels upon the government tend or lead to in
s,lrrections; therefore, Congress may pass se.
dttton inao for the punishment oflibels.
The system OF reasoning now EMPLOYED fo
justify the exercise of power contemplated bv
this bill, is equally, and indeed, to nv mind
much more forced and ordinary, in its chain Of.
differences. What is it, The power to reru.
late commerce among the states authorize.
Congress to remove Legislative restraints. imno.
sed by one state upon the trade of another. pass.
ing through its jurisdiction. The power TO re-
move Legislative restraints, implies the powerto
remove natural distractions and the power to
remove natural distractions, implies a pove.
TO give artificial facilities; OF, in other words Tn
make roads and canals, But is it true. that thc
power TO remove legislative restraints irnnl;os
the power to remove natural distractions and tn
give artificial facilities? The one aims only 70
project commerce in its actual channels tho
other seeks to open additional channels for com,
MERGE. The object of the forr.r is merely r.,
secure the free use of eristing highways: tbo
elect OF the latter, is to create and co, sJ,.rt
nep highways. These things are, in their M
lures, SO essentially distinct, that an inference
IRON one to the other is wholly arbitrary and in
admissible. But the honorable gentleman FROM,
Delaware need not be afraid that this no,vo,
Will remain passive, unless 1t is excrted in c;,,
ing artificial! facilities to trade. 1t has alreod,
been exertcd, and copiously exerted, in ,be W.
riouS and minute regulations connected with the
coasting trade, and this was probably the ch;eF
IT not the only, employment of it, contemplated
by the trainers of the Constitution.
The gentleman read passage from yatteJ
tor the purpose of proving the connection bc,
tween good roads and canals, and the welfare of
trade. But nothing is gained by this position
winch IS very readily admitted, until il is alsn
proved that Congress has general power TO
promote the 1cefdre of trade. The application
oil this authority, therefore, proceeds uDon an