Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-02-28

father Inherited only infancy, ignorance, and
indigenc-. / feel my defects but, so far AS
my situation IN early life Is con, arned, / may,
without presumption, say they are more my
misfortune than my fault. But, however, /
may regret my want of ability to furnish
to the gentleman better specimen Of powers
of verbal criticism, will venture 10 say, it is
not greater than the disappointment of this
committee, as tO the strength Of his argument.
Sir, am no preceptor when desire perfect
accuracy Ut definition, or correctness of pro-
nuncatIon, | may 20 To the highest authority
In this House-probably in this country-the
gentleman himself: but, in the meantime, 1
am very sure that my commentary on the
word la question, has not yet been fairly mel
and refHted. The hon. gentleman from Va
has asked, whether, in the preamble uf the
constitution, the people of the United States
are. made To say that they adopt that instru-
ment Is in order to construct Justice" or Ia
make Justice. 1 answer, sir, in one sense, yes.
In all that relates 10 that part of the penal
code which assigns punishment to acts not
immoral in themselves, but only criminal he
cause prohibited by law, whatever is nialum
prohibtum, aud not nahum in So, the law Gre
ates the crime; the crime, as such, had no
existence till the law defined and prohibited it,
Here criminal justice is created, and IA crime is
constructed, and made by force of Raw
The gentleman from Va. says that the set
tied sense of the constitution for these 80 years
past, may be gathered from the practice un-
der il. But If his construction be- true, no nust
road has yet been established for, according
to him, every one of them may he abrogate,l
at pleasure by the states. The gentleman has
gone for illustration to the siral but reslecta-
bile state of Delaware-and has said some
thing about her "getting her back up" and
" resisting the passage of the United States
troops" Sir, is the Legislature of the state
OF Delaware, or Ofany other state, Iarg. or
small, 10 resist and defeat the laws Of Con-
gress made by delegates from every part of
the union know that the interests Of the
states is, IN general, guarantees against any
resistance on their part, 10 the exercise of a
power 80 beneficial as that of transmitting the
mail but we have seen cases Of contest be-
tween state and the General Government in
which their attachment TO the confederacy V, has
not always been sufficient to restrain them,
and we have seen them in peace and ia war;
late instance occurred between the states OF
N. York and Connecticut. When mems pas
sIons get up, there Is telling before hand
into what measures they may be prrcipitated
But has the gentleman met my argument
on the difference between The Constitution
aud the old Confederation That the 90
vernnent acts under the one by its own iu-
trinslc energy, while by the other, il was de.
State Legislatures? Has he shewn that this
principle of difference does not apply to Post
Roads as well as 10 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 attributes TO
The word establish" may hold-but, in the
eonstitution, as weiias in the Presidents mes
sage, II IS used in the sense for which con-
tended.
hpa aid hat I..., III, -.
WHICH led to the adoption Of the Federal GO
'ernment, was the necessity of some general
regulation for fUreIgn commerce. | grant
this but ask, are we 10 refer TO the .yar-
sus motives which prevailed on the People To
adopt the Constitution, or TO the Constitution
Itself for the priSciples of its Interpretation 2
Iwili draw an illustration of this part of nv
subject from the records of that profession, of
which the gentleman from Virginia has spo-
ken, IN M very respectful terms, but which
has produced IN all countries some of the
ablest, wisest, and best men that have ever
adorned our species l advert to a case
winch Is no doubt familiar To the gentleman's
historical recoIlectiUn-the famous Coventry
act which was passed in consequence of an
ARRAY that took place IN the public streets Of
London, between some knights and other
persons of distinction, and which prohibited,
under severe penalties, the :. drawing of
blood IN the streets"-no doubt ever did or
could exist rs TO what was intended to be pro-
hlblted by this act and yet, if its intrepreta-
ton had been limited by the motive of its en-
lactment or the preamble, it would have been
restrained To the particular case which led to
lis passage. We must look into the instru-
ment, 10 ITS words, and not out of it,, for its
true meaning. Resort may indeed he had
I'D tue Preapble-but even the preamble is not
suffered to control the Interpretation. 1t is
only used To assist in finding the meaning of
equlsocal and doubtful phrases So in the
present case--l know that commerce and rev.
sDue were leading considerations in the for
nation anu adoption of the Constitution ; but
we are to look at the words ofthe grant, and
ihough would not say that we are wholly
to REJECT all consideration Of the motives. vet
they are but ofsmall avail in interpreting plain
words IN the instrument itself Now, the
self same words FIRING applied in the Consti
iution to the powers of Congress over inter
nal, that are applied 10 its powers over exter-
nal, commerce. contend that all powers Civ
en- Tor the one are given for the other the
words are the sarDe--the objects are the same
IL Is true, indeed, that, in the origin of fine
government, It might not be necessary to in
SYST on this interpretation, because there was
thsn no preliminary means to exercise tb. pow
er, or az least. IN 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 y
state, that it was doubted if il would be com
petent to pay the civil list--it is not wonder
iul that, at such time, the government did
not use all the powers which it possessed
Gentlemen have mlsstlted or nisunder-
stood, what said in relation to the exercise
OF powers cOnfded 60 the government. y.