Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-01-27
FOR THE ENQUIRER.
MR.. MADISON'S LETTERS
IN support Of the right Of Congress to pass ts,
4 oyiF acts

o,iF acts.
strange spectacle, met:iinks, is exhibited in
these letters.
An old orthodox apostle Of our own written,
homespun Constitution, methinks, is here seen,
decorated III the most fashionable giittering lati-
; tudiuarian livery.
In examining this clause Of the Constitution, to
ascertain whether il does not con- siD.words which
would exclude the strange inference. that, under
the substituted wor,! trade" Congress has pow
er to regulate the internal trade" or exchanges
| amongst individuals within the limits OF the par
ticular states, let the clause at large be again in
uotuced The real words oil the Constitution are:
Inc congress shall have power to regulate
! Commerce with foreign nations, and among III
several states and with the Indian tribes" Here,
'hen. Is an express power given 10 Congr. 81 to
regulate commerce among The several states; bu;
! there Is no power whatever given to Congress to
regulate commerce." frdde"--or exchanges OF
any kind, among indiviiuIls, corporations,
| io,fhm the limits Of the several !StateS.-The
power TO regulate commerce, or according 10 MIR.
NJ : substitute, trade among individuals with
IN the several states, is distinct, separate and sub
stantiVe power, from that " TO regulate conmercs'
among the several states,' and in point of extent
ana importance, 1t Is paramount power by ten
thousand oid.-Yet, Mr.. VI. has ventured 10 in
| Ter the substantive, paramount power, from ano-
Their substantive, Ou; much more limited pow err as
an incident to such le sintluantl, substantive pow
or. The power to regulate commerce among the
several states, Is power limited TO states in their
united, corporate character, and cannot be eXe
co 20 individual exchanges within the limits oi
the several states. IL Is commensurate only wi h
the limits OF each individual state, aud cannot be
1 extended beyond those limits The moment the
SUBJECTS oil the commerce, regulated by Congress,
| come within the limits of the several state, the
power, the jurisdiction all su h subjects OF
commerce, ceases, and the power, the jurisdiction
oil the particular state, within whose limits they
/ are brought, under tn regulation of commerce
ny Congress among the several states, atarhe- :;
. aud all such subjects Of commerce Instantly b.
come subservient 10 state power state jurisdiction
and state regulation. Con -r->- express
W The power To regu ate commerce, 81 ..on,On.,
the several stGfes and With, ing the power 10
regulate commerce., alias trade" among tndi-
ctduots tOihn The limits IF the several states is
| an implied exclusion Of the grant OF that power,
provided the rule be applied, that the OF
one thing is The EXCLUSION OF all intention 10 ex
press another thing-particuariy, when the thing
ieit unexpresSed, Is vastly paramount L. all lis
powers and consequences the thing expressed:
But, II 1t we're possible TO conceive that this more
influential, substantive power, could be inferred
as an incident 10 an inferior though substantive
power, in direct violation OF the express proyi
III the constitution, reSerying 10 the states ali pow
Grs not granted, Congress have unanimously
settled the question in relation to the extent of
the power OF Congress 10 ras.iat. -co,,,i,,,,, =.
among the several states, by legislative inter
probation oil the COnStitu0n--at least as to one
subject oil commerce awarded TO il by the Consi-
tution subject of that peculiar character which
at the same time, represents persons and things
and, of course, affords direct AZ Ia Tho
iis!4;s OF both.-In the year ISO7, the Congress.
passed law for prohibiting the introduc lion OF,
slaves within the United ) aes after January 1903
IN virtue OF power for that purpose given TO Con-
gresS In the Constitution. In that law, the lines
Of demarcation between the power of CONGRESS- TN
regulate commerce with foreign nations among
the several states and with the Indian tribes under
the particular power Of prohibiting the Introduction
OF slaves, is plainly and distinctly drawn-In this
legislative demarcaton Of the bouuiar, lin. over
the power 10 regulate commerce between the
general and state governments, the limits of the
states are declared To be thOst boundary lne.-iu-
deed, i'll the nature OF things, there can be no
other--ln the 4th section of he act of Congress
for prohibiting The Introduction of slaves into the
United States after the LIST of JANUARY 1908 pas.-
cd 2d March, 1907, the Congress claimed fun
power over the subject, until The negro mulat,o
or person OF color, shall be brought within the
limits OF any state or territory; and after they once
become within these limits, tn Y disclam all DOW
er over the subject, and declare the whole mower
over II to belong to the Legislature of such s. tie or
territory. The following is an extract from tn,
4th section OF that law, intended for the express
purpose OF declaring where the power of Con-
gress ceased, and that OF the State Legislature
commenced:
g And neither the importer, nor any person, or
persons, claiming from or under him, shall hold
any right or title whatever TO any negro mulatto
or person OF color the service o, labor there
OF, who may be imported, or brought within the
United States, or territories thereof in violation
OF this law, but the same shall remain subject 10
any regulations not c0ntTduening the Professions
Of this act, tCIjch the legislatures If the seueraf
states or territories, at any tune hereafter, MAY
make far disPosing Of any such negro, nsulatfo,
or person Of color"
The first part of this clause is intended 10 de-
scribe the utmost extent of the power Of Con-
gress over this particular subject of commerce
under their power oil regulations; then comes the
declaration OF the disclaimer of any power beyond
these limits. The words are, but the same
(any negro, mulatto, person of color, being the
particular subject Of commerce alluded to) " shall
remain subject to any regulations not contraven-
ing the provisions OF this act, which the legisa.
lures OF the several states or territories at any
Tune hereafter, may make for 5i>posing Of any
such negro, mulatic, or person of color" Upon
the most particular eHimn ,tion Of this clause it
will be found, that the words were chosen with
the utmost caution and circunspeciion for its
greatobjects. The word " regulation was chosen
in direct reference TO the word " regulate" as
used in the Constitulion.-The word 90 disposine"
was chosen particularly in reference to its com
prehensiyeness, declaring the slate and territorial
legislatures did possess all power over this COM
mercisl subject, after being brought within their
limits respectively; and that the Congress disclaim-
ed all power over the same, after having come
within the prescribed limits. The words, " al
any time hereafter" were chosen TO shew the ir.
reParable character Of this provision being essen
tally constitutional regulation. But this le gisla-
tive Interpretation and declaration do not stop here
The same principle is again asserted and declared
IN the 9th section. In That section, forfeiture are
declared araus ~ yi9it.gi Of ;he lr5visi,n. %!
iIAt {, and particularly against the Hers or
purchasers VI any Of the persons therein describ-
ed, with the following proviso:
Provided, That the Aforesaid forfeiture shall
not extend to the seller OF purchaser OF any ne
n( cOf.a yltf.f