Virginia advocate. [volume] (Charlottesville, Va.) 1827-1860, 1830-04-30

CONSTRUCTION OF THE CONSTITU
TION

TON.
GESTLEMEN-The writer of the following oh.
servations has no other apology to make for Of
fering them to the consideration of the public.
than that, upon the very important sub jsct to
which they relate, he has the misfortune to diff
fer with yourselves, and with many o,her most
respectable and enlightened persons with whom
he has long had the pleasure to agree and TO act
on political subjects.
The question which it is our purpose to exa-
mine has been decided BY the Supreme COurtof
tho United States, in the case Of Cohens against
the state of Virginia, and has given rise to much
elaborate discussion both before and since that
decision was pronounced But TO the best Of
our recollection, all the commentaries which
have yet been offered to the readers of the En-
qurer, have been on the same side of the ques-
ton, except the lesrned and powerful arguments
used by the supreme court in support of its o.
pinon. And indeed it may we'll be PEE
sumed, that the acknowledged ability with
which the court sustained its decision, has pre-
vented others from appearing more frequently
before the public to offer arguments in favor of
an opinion in support Of which it might be sup
posed that the best arguments had already been
exhausted. But as the arguments of the court
may perhaps be supposed to be better adapted
to the bench and to the bar than to common
readers, will venture to offer a few observa-
tions which appear to us to be worthy of con-
sderation, when we called upon to decide
upon the relative powers of the general and
state governments in making practical construc-
tons and decisions on the true meaning of the
cor ctit ,,.io 6 III
The peculiar structure Of the government Of
the United States has, in the course of its adj
mlnistration, given rise to many important and
difficult questions i'll relation to the extent of
the powers conveyed to it by the constitution
and 1t has contributed to render contests on this
subject more frequent and embarrassing, that
the particular tribunal whose proper province it
is to decide finally. in all cases that may arise
under the constitution, seems not TO have been
pointed out in the instrument itself with suffi-
clent clearness to remove all doubt concerning
it.
That the general government of the United
States Is limited government not intended to
extend TO all the rights and interests usually sub
Jected to legal regulation in free state or COM
munity, a bare perusal of the constitution is
sufficient to shew. But even in this respect, il
may not perhaps differ in principle from the reg
pective governments of the several states -.
our Union for in them, and indeed in all ,t,o-
republican states, where the true princir 70, of
liberty ale we'll understood and defip 81 at
powers OF the government are more or losa liz,
tied and circumscribed, and there ar. oo-,o;,,
| rights and privileges the free exc rcisc and on
joyment of which belong to ev cry individual
and with which the governmcr,t has mo r;ab, ~,
| interfere. ~
Previously to the adoption of The fs5.ro1 con.
stitutioD, all the powers with which the neo,I,
had thought proper to entrust their government
were possessed exclusive by The different stat.
goVef'hon's' these states being then separate and
indePendent.-Thc adoption of the constitution
took from the state governments specified por-
''oi'S VI THESE powers, and conveyed them TO tho
geherai Government, as a common stock, to be
uScd and administered for the common benefit
OF all the people Of the United States But in
making this specification, it was impossible to
DO so full and precise as not to leave room for
doubts and difficulties in ascertaininr the exact
line OF separation between the powers reserved
and those intended TO be granted and the evils
arising from this source must be greatly incrcas-
cd, if the trainers ofthe constitution have failed
20 prCyiJ., tribunal FIR, Tho IA, &C e.