Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-09-28

ipnwer To regulate commerce with foreign nations
The grant is pienary without any Limitation what
ever. aud Includes the whole power ofreguia'iot
ut which the subject to be regulated Is susceptible.
Ii Is a. foil AMI complete grant OF power as thai
Il TO declare war. What is regulation oil com
| neTce! 1t implies tina admission exclusion oil
the objects oil II and the terus. Under this power
/ -ome articles By the existing laws, are sduitted
freely, Others srtl acled 10 duties so hish ar 10
amount 10 their 90 ohibtion, aud various rates o di-
ties are applied 10 Others Under this Tover iaw s
/ oil to;al nun-iDiercOuTse with rome nations, a"u
enbsrg producing entire cessation OF com
msrce with al !oreign countries have been rom
tine TO time passed. These laws have no doubt
met wrh the entire appreciation OF the gentleman
( from Virginia. MIR. Barbour raid that lac was not
IN Cong ess.) Wherever the gentleman was
whether ON his fIm or in tie pursuit OF that pro-
tesAion, OF which be Is ornament, have no
! doubt that he gave Es Zeal support to these
laws referred TO- - Mr.. Speaker, this effort oil
reading has neesly exhausted my phy-icli
po yer. must, therefore, make I'll 1T work OF
this long quotation. One general reflection VIII
almost suffice - Can you believe. SIR, that any
gentleman could speah - th such contemptuou-
eviiy, of the constitution, the quotation eAh'
BITS, who felt for II sincere affection and venera-
ton: The FIRST part of il Is scarcely worth a re-
marx Ii l. introduced to mark the tau, ting dis
respect, with which the subl.mated orator speak
OF The constitution OF his country. Indeed, Sir.
1t j. subject of regret, x even dgnation. to OBJ
serve In the common rUuF,e Uf Congressional de
bale, the contempturus di-respec!, with which all
arguments drawn from the constitution OF the u ).
are treated by the iominaat party: a debaier who
, resorts to the constitution for an argument, is
competed TO accompany il with apology,
to screen himself from the ieproach of his
antagonist. The party TO consider the
fiHuilon as an odlous, old stumbling block IN ito
way whenever u>urped power is wanted 10
eject favoTiie cbj=ct, aud seems determine Ell TO
imp u OF AL energy and through ridcule 10 re-
d2ce IT TO coo'eEpt Scr, | cannot help expressing
my great surprise, al seeing our aspiring orator
amongst the iprethosI In ibi- kind oil remark; and
The more 80, because when ii 81 had an opior-
uny Of seeing him In a political character, i
really thought him the most dent and widest de-
inocra', ever bad seen Ii in the yesr 1906
ar 1907, when our splendid orator first made hIs
appearance In the Senate OF ihe u. s. lie came,
rir, a. thought, with his whole saul ensrnout cd
OF liberty. lie seemed IN hi passage through The
mountains. to have filled his Imagination with
brilliant eIapbols drawn from ALPINE scenery tor
llie decoration OF his alored goddess.
Alter reaching the Senate OF the United States
upon the fist occasion that occurred, Le pour
ed them forth in proiuei0n, sDd in the first
style OF theatrical action, To the utter amazsment
oil every behoider. lie appeared to NE TO be
disciple o the hrst order oi the old school OF ber
~ and equality, Thom's Paine anI Ihe Rights of
Msn--The peoples devu'ee How chanse,!! I!
In 1924, our enchanted eXhibiis himself in
the brilliant hAbnude of Goveru.bIsl liberty, go-
ve'ment"l power, governmental grandeur and go
vermenIai spleuduuT--tLe governmental d.votee
completely converting the Liberty OF The people
into The liberty OF the government. lie then
rs close, wax, 10 The iIierpi citation Of the
constitutions, and would tot al wv haI-bre adih
oi departure fro the specified powers. Ills most
iavoriie clause then WAS, q. The powers uc' dele
gated 10 the Uniei States by the Constitution
nor prohibited by 1t to the States, are reserved to
the States respectively, TO the people, In
1924 our constitutional orator OF 1905 calls fof
tCpresS tcSifeH reSi,ietiOss. The constitution,
against The crerciss IF pOD-Y by the practical
gOr eT9Imeit For, says our rnstsInOIphossd orator
g Ihis IS restitution Johici! do not find i
tie constitution" But, ell, lie most unaccount-
abe error inio which our orator has iJIieu will l..
found in these words '-Undef this pow En- laws OF
Don~inteEcoutse with some nations aud ei.bars oes
producing al entire cessation Of commerce with
all foreign countries, have been from Time TO lime
passed. These laws, have no doubt, met viii,
the entire appreciation OF the gentleman from YT-
ginia. Mr.. harbour said that he was no, in Con-
eTess.) Where er the gentleman was, whether on
his farm, or IN the pursuit OF his profession of kch
he'sas a" ornament have doub, he givehis zea-
lous support TO the laws referred >" OIG dsludei
orator says" under the power Ito regulate COM
merce) laws OF HSa-iae!c0ufse a"d enibargoes
producing al entTe Cessation ol Commerce ilti
all foreign countries have been lioul time 10 tine
IL l.
uon, before 1924, when these new hshls were
FIRST shed upon Ie constitution, that the en,bafno
and non. ni-I course laws wure grounded upon The
power 10 regulate commerce; and surely II would
have been a most extraordinary mode Of carrying
that power into effect. Ihe-c laws grew ont o.
the bellIgerent acI- OF foreign nation, snl were
grounded upon the war power. They were eA-
pressiy declared be intended az acts Of rsstan ce
against the aggressing LellseIeats. a. soon as
tho's belllseTent acts were committed against the
United Sis'es, they became iny ested with all tie
rights of war Thsy had right to Judge Of their
Osm Interests in regard to tie aggIessing belize
rents, aud TO pursue their pOicy for ie,ll sss
They did so; aud determined up "a y commercial
n'iiisdttd warfare la the II II instance grounded
upon the Iiah's OF war, iasteed OF an open war &,
arms. Inc deiu1cd orator J, therefore entirely
mistaken d" supposing tnst the enOo1sO anL non
Intercourse laws were founded upon the rover 10
regulate commerce. 1t is not a all necessary Ia
80 Inio critical d-hnrion Of lhe eA snt OF the
power 10 regulate commerce. IL is sufficient 10
say II does noti1Yo.ve the power 10 project man
uiacoTies,'nor any other original, su5,tsntye indie.
pendent power. Powers OF that description hiv .
hing OF the incidental deriyaliye character la
them; AID whenever IL, j. proved ihat = poveI
- an onsEals substantive. independent power II h.
proved mat IL cannot honesty be exercised as a
power Incidental 10, de iyative from, any other
power. The power to protect manufactures Is an
original, distinct. substantive, < Independent pow
ar, aud paramount TO tie IU~er to regulate com.
U'ercej and, therefore, cannot lie ped ~ incI.
dental 20 the subordinate power. But, Mr. Spes-
ker, this constitutional disrus-i0n IL petlectIy
usclessi and wonder, for thsi fsaron, that our
daring, dsshing shOnid have wasted the little
breath lie has upon % uniupOstaht subject He has
set up cl,ip to poweis paramount % .lls ennstu-
ton, involving the powei 20 p'oiect ianulaetufs
and all other governmental ID ,yyers p,..-.. 49,.