Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-02-12

L 70 m.
and death throughout one of the largest mr.
tons of the world. Under the influence of
inns power, we have seen arise South Sea
COMPANY and Mississippi Cosnpapy, tina
distracted and convuIsed all Europe, and me-
raced total overthrow of all credit and conf
dence, and universal bankruptcy. Is it to be-
Imagined that power so vast would have been
lett Ivy the wisdom Of the constitution TO
doubtful Inference 2" All corporations enjoy
exclusive privileges. That is, the cerporaiors
nave privileges which no others possess, and
" yon create fifty corporations, instead of one.
you have only fifty privileged bodies, instead
ct one. - contend that the States have the
exclusive power TO regulate contracts, To de-
clare the capacities and incapaclties to con-
tract, and to provide as to the extent of res
possibility of debtors to their creditors. If
Congress have the power TO erect an ARTIFICIAL
body. and say it shall be endowed with the
attributes of an individual, if you bestow on
this object OF your creation the ability 10 con-
tract, may you not also, in contraventiun OF
state rights, confer upon slaves, infants, and
feme coverts, the ability to contract ?n
Sir, said Mr.. S. claim the heDeat of this
argument and il, in 1911, we had no power
TO grant interpretations, have we such a power
at this time ifthen it was unconstitutional.
Is u not so now The constitution cannot shift
and change with circumstances and our mo-
tiOns of expediency. What was unconstitu.
tional on yesterday. will be so to day, to-nor-
row, and forever, until the constitution is a
mended. confess, Sir, am an infidel TO this
doctrine of Unconstitutional exprdency L.,us
not. said MIR S. supply, by implication, that
which the convention dared not to express
Let us not, Mr.. Chairman, | beg YOU. ascer
tain the powers Of this Government, by ony
opinions of necessity and discretion. Lei u.
NOT act the part of" Cambyses' Judges who
when their appreciation was demanded by th,.
Prince, I" some Illegal measure, said, though
There was written law, yet the Persian kings
might follow th+irown will and pleasure -
Let it not he said that, with a written consti
tuition, we have the right to do what we please,
and that the Legislative power of this Govern
ment is extending, on every occasion, th..
sphere OF 'ts activity, and drawing all powers
into ITS imprtuous vortex.
Mr.. S. said, that the government had gone
on far 40 years in exercising the power under
the Post Office clause bencficially and satis-
lactorily To the people, and in the way il was
intended Ivy the wise men who formed the
constitution. The great objects (which the
Speaker has much al hearty of Distributing
civil, commercial, literary, and social intelli-
gence, had been accomplished, without The.
assertion Or assumption ct the power which
was now claimed. And Mr.. S, said, that h..
saw n" reason for abandoning system which
had, both in war add peace, been prnducfiye
of so much benefit TO the people and peace
between the two Governments.
will now proceed, said MIR. S. TO the ar
gnment urged on yesterday, by my friend from
Delaware, lMr. McLane,) for whose Judgment
and opinions entertain such high resuecf.
that, when differ with him upon any subject
am induced TO doubt the correctness of my
own opinion, and 10 examine it with more
Than ordinary care. Tie bad done so in the
present case, and the result oC his deliberate
and best Judgment had produced no change.
The gentleman from Delaware considered
the power of making Internal Improvements
as resulting from that clause in the constiiu-
ION which gives congress authority TO recu-
iate commerce with foreign nations. and a
rnOng The several states
Mr.. >. said that he would attempt to show
that this clause gave no such power
This power to requisite commerce, the gen
tieman from Delaware contends. gives. not
only the authority TO cut canals and make
roads, hut to do every thing which shall lend
To facilitate and advance the commerce of the
country render II effectual, and carry il on.
fhe object of giving this power to the e. neral
government, he argued, was not, as had been
supposed to prevent the imposition of duties.
&c BY The state governments, because the
constitution contained a direct prohibition up
on the states from laying any imposs or dii-
lies on imports and exports. He commended.
therefore, that the right ef regulating com
mrrce must have been given for the purposes
winch be supposed, or the power would be
dormant and imperative. This argument, Nj.
>. SAID, was Ingenious, but fallaciiius Ii was
true that the constitution did contain the direct
prohibition which TIE gentleman had alluded
20, but u did not prove that the main ohirct
IN giving the N ,i,ta
ween the states, was NOT To- protect the. States
rom The imPoaltions u duties, &c. by each
other.
1t wonld be remarked, Mr.. S. said, that t.,e
power To regulate commerce was an afFirma
ave grant to the general gov eminent, (among
many others,) in the 9th section of the Ist ar
icle of the constitution This power was nor
~ the express words Of the grant, exclusive.
'nd therefore the states retain, for some mr.
poses, concurrent power, as 10 commerce.
within their own Jurisdictions. To prevent.
however, any difficulty as to concurrent pow
FRS between the two governments, on the sub
ect 0f duties, &c. the prohibition upon the
states, as 10 duties, SIC. was, in abundant eau
lion, inserted. This prohibition is found in the
lOth secl!"n, which contains general negaion
nf powers as to both governments. Nf.'
MIR. S. said, that this was the case with ma
ny other powPrs-tabe, for Instance, that fo
cein money" or "grant letters Of marqne
ind Teprisal." These powers are given to con
5ress ~ the 9Th section. Yet. the 1Oih seq
ion declares, that "no state shall coin money,
" grant letters Of narque and reprisal" Il
was done to show that there was no concur
tent power remaining with the states. as 10
hese particular subjects There was nothing
hen, Mr.. :. said, in the constitution, which
orbid the idea, that this power of regulating