Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-03-12

only by IA league. This is true. But. whe,
these allied sn,rreigns converted their I-r.u
into Il government when they converted tbei
Congress of Ambassadors drputrd 10 d.l;h,.
rate IN their common concerns, and To recon-
mend measures of general utility, into n ~
gis'atnre empowered TO enact laws on III.
most interesting subjects, the Whole character
10 which the States appear, underwent 4
change, the extent of which must be- deter
mined by n fair consideration of the jns,ru.
| ment hv which that change was effected.
TINS instrument contains IN enumeration OF
powers expressly granted by the people IA
their government. IL has been said that thes.
powers ought To he construed strictly. Blu,
why ought they Ia be- su construed Is Their.
one sentence in the Constitution which give.
coun'enanre To this rule ~ the last of th,
enumerated powers, that which grants. OK
pressiy. the means for carrying all others into
execution, Congress is authorized I" to make
all laws which shall be necessary and proper
Tor the purpose. But this Limitation on the
means which may hr used. is not extended Ia
the powers which are conferred nor is ther.
one sentence in the Constitution which has
been pointed ont by the gentlemen OF the bar.
or which we have been ahl. 10 discern. tina,
prescrihes this rule. We do not, therefore,
think ourselves justified in adopting it.
What do gentle mean by strict CON
strnction !? If they contend only agains,
that enlarged construction which would
extend words beyond their natural and
obvious 'mnort. we might question the
application of the term, hut should not
controvert the principle. IF they contend
Tor that narrow construction which. in sun
port Of some theory not To be found in the
Constitution, would deny To the government
those powers which the words the grant. as
usually understood, import, and which are
consistent with The general views and objects
ot the instrument. for that narrow construc
ton which. would cripple the government
and render II unequal To the objects for which
II IS declared tn be instituted, and 10 which
the powers given, as fairly understood. render
" c"fnpe'ent, Then we cannot perceive the
prOprety Ofthis strict construction nor adopt
it as the rule by which the Constitution is 70
be expoundcd. As men, whose intentions re-
qu're no concealment. generally employ tho
words which most directly and APPLY express
the ideas they intend tn convey, the enlightep-
ed patriots who fr2rlcd our Constitution and
the people who adopted IT, must be under
stood Ia have employed words in their natural
sense, and Ia have intended what they hav.
SAID H. from the imprrfrction Of human
language. Their" would he serious doubts res
pec'ing the extent of any given power il is
well settled rule. that the objects for which
It was given. especially when those objects are
expressed in the instrument ITSELF shonld have
great influence I'm the construction. We know
ut no reason for excluding this rule from The
present case. The grant does not convey
power which might he beneficial to The grantor
u retained by himself, ar, which can rnure
solely {" the benefit of the grantee but is
4 m INV ngt amt G H..
vantage, in the hands Of agents selected
for that purpose, which power can never be
exercised nv the people themselves, but must
he placed in The hands ofagents or lie dormant.
We know of no rule for constituting the extent
Of such powers. other than is given by the
language of the Instrument which confe, :
them, taken in conneXiom with the purposes
Tor hich they were conferred.
The words are" Congress shall have powe
to regulate commerce with foreign nations,
and among the several states. and with the
Indian tribes"
The subject to be regulated is commerce
and our constitution being, as was aptly said
Mt the bar one of enumeration, and not of de-
hnIti0n, tO ascertain the extent of the power
" becomes necessary To settle the meaning oil
the word. The counsel for the appellee would
limit IT to traffic, 10 buying and selling. or
admit that it cOmprehrnds navigation. This
would restrict 1t general term, applicable tu
many objects, to one Of its signiiications.-
Commerce undoubtedly is traffic, but it is
something more: 1t is intercourse. 1t de.
scrbes the commercial intercourse between
nations, and parts of nations, in all its branch
es, and Us regulated by prescribing rules for
carrying on that intercourse. The mind can
scarcely conceive system for regulating
commerce between nations which shall ex-
cude all laws concerning navigation, which
shall be silent on the admission of the vessel,
Of the one nation into the ports Of the other
and be confined TO prescribing rules for ,h,
conduct Of indiS iduais in the actual employ.
mrnl of buying and selling, or Of barter.
IL commerce does moi include navigatio n
the government Of the Union has no direct
power over that subject, and can make NC
law prescribing what shall constitute Ameri.
can vessels, ar requiring that they shall be
na'igatrd by American stamen. Yet :his
power ha- been exercised from the com
mencemrnt OF the government, hsy neen ex-
rrcIsed with the consent Of all and has beer
understood by all 10 bea commercial regnla.
ton. All America understands, and has uni.
iOrmly understood, the word commerce" IA
comprehend navigation. 1t was So understood
and must have been SO understood. when the
Constitution was framed. Tbe power over
commerce, including navigation, vas one o.
the primary objects for whirh the pesnle ~
America adopted their government and must
have been contemplated in Turning it. The
convention must have used the word in that
srnse, because all have understood il in thai
sense AMI the attempt 10 restrict it comes
too late.
" the opinion rl,aI " commerce as the ,vo,d !,
used ~ the CONSTITUTIONS rou,prrhrnds navigation al
50, require sny addonni conirmalior That addition
At conformation j., blink, furnished by the word
OF The Instrument itself.
II " y rule Uf construction acknSwledred bv all
that tie executions from power usik its extent
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