Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-02-13


tle commended that the whole question turned
upon the true Specification of the word ssesfa-
6hsh," which la, asserted to mean lin the sense
IN which 1t Is used In the constitution to sefix"
build" "crcate," "make firm.n Mr. S. said.
that he was nota little astonshed that the Speaks
er should, IN the constitution, have confined hin
self to verbal criticism and play upon words.
Did he go back to the period whom the constitr-
ton was formed, or give the circumstances
which led to lis formation? Did he call to his
and any OF the able writers who have given It's
commentaries on its meaning? Did he shew MS
how these clauses in the constitution were cons
sidered by the conventions who ratified it? Did
he resort to the discussions in the state conven-
tons! Did he compare the various parts Of the
instrument with each other? No, sir: he told us
simply that the word &C establish" meant TO cre-
ate; and that the wlole argument turned upon
the true Specification of This acord.
! Now, said Mr.. S. am directly at issue with
the Speaker, as to the meaning of this word
"estabhsh." five go to pathological authority,
or common usage, it is much oftener used to sig
nifty " confrm,"'' adopt" " Designate" than to
create, Construct or build. Establish is to render
certain, fixed. We speak of an &C astab lished
church." or an established religion" We do
not mean church or religion created, but one
fired, confirmed by authority. The wcrd sees-
tabllsh" includes the idea of authority, when
used in Legislative sense. 1t has been said that.
|
considcrahon) we must resort to other parts of
the constitution, where the word is used in tho
same sense, or in relation to the same subject
In the 7th article of the constitution, it is said
that the assent ofninc states shall be sufficient
for the establishment Of this constit. son.n
Now, this word establishment, was used there to
mean confirmation, adoption, ratification. 1t
was not intended to mean screation,n because
the constitution had been previously formed, and
was IN being 1t was only to be presented to the
people to be adopted and confirmed.
Again: there were other strong legislative
illustrations, Mr.. S. said, Though he scarcely
! thought this verbal criticism beEtted the digni
| ty of that House, which would go to shew how
| this word &C establshn was intended TO be used
! by the trainers of the constitution. In the tear
| lI7o, Congress appointed Postmaster, with
| powerto '" establish lines of weekly posts from
New-England to Georgia. Now, Mr.. S. said.
IT would not, he presumed, be Conented that the
| Postmaster General, during tie Revolutionary
war, under the power to establish posts and
post lines, or routes" could have exercised or
canned the power of creating, and dctualiy
mnhtng, roads, against the will of the States
Ihen, Congress had no more power over the
territory or jurisdiction ofthe states, than they
had IN any country in Europe 1t was onIy
meant TO give the power of designating and
marking out the particular roads or routcs
to be used as post roads and such no doubt.
was the meaning of the trainers of the constitu
ton In giving Congress the power to establish
post Offices and post roads.n \
| Indeed, Mr.. S. said, that this was their mean
ing, was rendered clear to his mind, beyond
doubt, by the provision in the Articles OF Con-
federation upon this ubject Under the Con-
federation, it never was contended, by any. that
Congress could have forced their way into the
states to make roads and canals. The states
| were, then, to be coaxed into measures. NOT CO.
n artIf of D,,f ,rlo.
to Congress the power of g estibfishino. and
regulating post Offices, from one state to ano-
ther, throughout the United Statesn
This power was transferred from the Articles
OF Confederation to the constitution; and the
word establish, used in both, vas TO be nm
derstood In the same sense. He thought tbo.
this was conclusive.
But, Mr.. s. said, he would discard all arrow
ments arising from the literal meaning of This
word eStn"E'st' and would TO fair and lust
construction of the Constitution, as If was nm
derstood by its trainers and the people, in reIo.
ton to the erte't 9t his po,rer 7ou cIoisped
He laid 1t down as an ncOntroYertabIe ruIe
III the construction of all written instruments
that if the meaning be clear, all the conseou,n.
ces, whatever they may be, were to be admit
TED but If the meaning be doubtful, then il was
iairly tnaole by ITS consequences. Now, It
would be conceded, he presumed by all that
the po1cer claimed was at least a doujtf;I ono
and, IT So that 1t was fair 10 examine the con
sequences to which 1T would lead by wav ne
proving that 1t never was intended to be eriyen
Let us see, said Mr.. S. what these conseouer
ces are II this power exists, il is one indepen.
dent OF the state governments. 1t may be ex-
ercised against the consent ofthe states and tbe
people. The General Government can force :,
way through the states-take land-make roads
OF any dinension-cut timbcr-put IN oratcs-
collect tolls-build houses-appoint keepers-
punish Tor injuries 10 the rOads-npose nen,I
sanctions, &c. sc. The jurisdiction. no said
must be either in the States, or the Genoyay
Government. II cannot be in the Statas bc
cause, If it was, they might resist and deCcst
your power. 1t must then be in the GonnraI
Government. You get the right of soil. and IN
RICH. OF exclusive jurisdiction. You nav ~
tinguisb land indeed must all state autbo1;t,.I
legislative, executive, and judicial. Your ~
rlsdlctlon becomes nqtiOnnt and na,t1ic;noJ
and precisely the same as in forts, dock varjs
&c. S'iuS'
Now, said Mr.. s. deny that the covcrnr,1,,.
Of the United States can exercise ;ur;sd;,.t;a..
over SOIL in a national view; but in two Coz
ist' over the District of Columbia, and sncJ,
places as they may purchase by the consent NJ
the legislatures of the State in which the same
snail be, for the erection of forts, &c. &c. 81
by their power of mrntion. These are tho ~,
~ two cases under the Constitution in ,,b,o,,
the General Government can acquire land ne
sovereign Do1CcT. MIR. S. said he did pot -
to go into the discussion Of the question st,,,5
the other day by his collca@ue, (Mr. Barbn,,r
as to the power of this government to n,,rcI.2