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


Constitution, which, on the contrary, expressly
confers the power of passing all ta,cs phich m,,y
De necessary and proper to carry into effect The
aGfnef po'oers Of the government. The charac-
ter OF the means must correspond with the ma
ture OF the object to be effected, and NAV be ,n,.
Nctpdt or otherwise, as the occasion REQUIRES
Inc powers OF this government are of two clas-
scs, nnftondt and municipal the first having
reference to the foreign relations, and the other
10 the domestic concerns of the country. All
the powers of internal police, which arc not a
few are necessarily municipal in the proper and
strict meaning of the term.
In regard to some of the objects have alrca-
dy advcrtcd to, our power is strictly municipal,
and cannot be executed without municipal lc-
glslatlon, and to these may be added, the power
of taXation which, lift be not a municipal bower
throughout, l would thank any gentleman TO
tell me what it really is. Ifthcse be municipal
powers IN the States, by what metamorphoss do
they take different character, when exercised
by congress, whose power, emanating from the
same source, differs only i'll the extent of its iu-
risdIction L put the question to the hOnora-
bic gentleman from Virginia, if, in the pursuit
OF 4 given object, municipal authority be indis-
Pensa6fy necessary, can it be denied j.? If in
executing the high duties committed to its trust.
this Government cannot act without municipaI
means, must 1t, because they are such, discard
Their employment, and be stayed in its progress,
Tor the want OF the most ordinary power If, in
regulating the coin, we cannot get on without
municipal authority, are we to leave it without
any regulation? And if we can exercise such
authority, in any one case, where is the limit !,
he distinction, to be good for any thing, must
avail throughout. fit fail in any case, its ex-
istence IS imaginary, and we may employ all
the means, which may be necessary and pyoperf
Ter the attainment Of the object. The Etl'acv o.
this distinction, SO much relied upon, will be
vet more apparent, when we come to consider
the particular clauses in the constitution, which
confer the power in question.
VaLious parts of this instrument have been re-
lied upon, as furnishing the power over roads
and canals; and though am not called upon
to Admit, OF deny, the propricty of all these de-
dncuons, can well suppose, that the authority
may be necessarily incident to more than one
lower of the same government. do not design
to consider all the sources from which this an
thorlty may be derived it will be sufficient for
'1y Argument, ii can satisfactorily trace if 10
one, and have no strength to waste i'm any
unnecessary display. must beg leave, howe
ver, to dlsclaln all reliance upon the preamble
to the constitution, as comforting any power ;
and am also free to cOncedc, that the clause
authorizing the raising of revenue to DrOUide
for The common defence and general toelfa,,e does
not, IN my opinion, atfordit. 1t is true, we are
authorized TO provide for the common defence
and general 1rfLtnre, but we are to do this by a
wise and faithful exercise of the powers granted
us by the constitution; and unless the power to
make roads and caIents be elsewhere given, or
necessarily results from some other power We
cannot assume it, by appropriating money to
objects not contided to us.
From the best consideration have been able
to give this subject, / think the power over
roads and canals is incident to, and fairly re-
suits from, the commercial po,oe1 of the govern
mc,f,.
The constitution provides that &c CONGRESS
shall hare po,cer to regulate commerce NTH for
eisn nations, and among the Scoe,ut Suites, and
Nth the Indian tribes"
Whatever diversity ofopinion may exist as to
the range OF the powers here delegated, it can
not be denied, that they are paramount and SUI
prcme over the objects embraced by the clause
and may be exercised by Congress whenever it
shall think proper, to the exclusion of all local
authority. 1t is equally clear, that the com
mercinL power Is the most important in its crea-
ton, & the most minute s. extensive in its opcr-
alton, which can belong to any Government.
1t regards the enterprise, industry, occupations,
and property, of every man, and constitutes one
OF the principal objects of civil government
who does not pccelvc, too, that the power here
gwen over the internal commerce of the United
States, Is peculiarly of a municipal character /?
The power of directing their daily intercourse,
regulating their industry, and connecting itself
with all their pursuits!
Let me then ask the honorable gentleman
from Virginia, Mr.. Barbour,) what becomes of
his muniCipGl limitation Here is nluniciDnL
power expressly granted, and for nt,g,icjDai pur-
poses If the principM power be, in its nature,
m'n1c1'rt, rnayit not, nay, must it not, be exc
cuted by Uew,0ciDm mems? How can the Go
vcrnmcnt act upon the objects of this power, but
by municipal legislation No one denies MS
the right of passing laws of inspection, in re-
gard to the domestic comlnerce-and what is
thus but municipal legislation Nav we not de-
inc and punish violations, Of our regulations.
and do not the definition and punishment of
crime constitute ono Of the highest attributes of
municipal and S0rereiSn jurisdiction Ii is
manifest, therefore, that in relatiOntO the power
delegated by this clause, the distinction utterly
milS. Congress may employ municipal means
subject to no other limit than that prescribed by
ludicIous discretion. Sir, contend that this
power was conidel to the General Government
Tor great and wise purposes to cherish the re-
sources and promote the industry of a growing
and extensive empire, and must be exercised by
the ordinary means, for the attainment of those
purposes.
The question then is, Mr.. Chairman, what is
the extent of the power granted to Congress by
tins clause of tie constitution ?
will not detain the committee in any phlo-
logical examination Of the phrascolory of this
clause. The subject scars above any such dis
position. contend, that, from the very nature
Of the subject, and the structure of the Govern
ncnt, it conicrs on Congress the ,ohoie CONNER
ciri po,Corovcr the trade among tie Suites, which
could have been previously exercised ny the