Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-05-07

gerous to liberty, let il be disregaded. But when il
leads TO the prosperity Of the country, and the arg
ments In its favor respectable we are iusable in
adhering to The precedent the evidence OF genu-
| ine construction.
! will, however examine this part of the sub;ert
while am up, little more miuu,ely.
Congress possesses power 10 regule te commerce with
foreign nations, aud among the several States and wi
the Indian tribes to establish post Offices AMI post road
TO declare war, and TO raise aud support armies The
word regulate, "a employed in the Constitution neces
sari'y means, to embrace any that will bsne 6t com
merce among the several States Nothing can be If
higher importance to this nation than it internal trade
and the greatest embarrassment il Labor under
the distance OF the places between which il is car
led and this only he subued by ood no ,s and
canals. They will regui,'e and lessen the cos, Of
transporation will also regulate ard make the prices
oil similar articles more uniform in the different paris
OF The country. What other law regulation could
you make, that would he Of thu advantage 50 in.
aud trade! To regulate commerce with foreign ma
tons, consus are appointed to assist merchants a.
broadand we have erected light houses pers huovs
ard hescons. To regulate commerce. with the In
dian Tribes, roads have made in tho Inan terri.
| tory, and 'rading- houses have been established.
What ia the object of these lighthouses, and light
shps and all this class al powers constantly exercised
by Congress! L. i, Lessen the price of ranspor
taon, by removing dangers and rendering the naviga
ton more safe and secure!
In these laws. mention il made of a sny,e arti.
Gle oil merca1dZ nothing is said about duties, or a.
| bout buying or selling or Of drawbacks or l-benur.s
the sole object Is TO lessen the price Of ransporta-
Ton. And when we find the power 10 regulate COM
meTce among the States given by the same sentence
and expressed in the words. why can we not an.
ply the same principle TO the regulations of commerce.
| among the States: Why can not lessen the price
OF transpors,ion Can any one make a sensible dis.
tncton We do not stop with statutory provisions
the agency OF the mind and hands employed;
stone and mortar are used and the acdal soil is ire
qsenty called into requisilion Do You not purchase
| sites, and build Custom houses?
| Before the adoption Of tn, CONSTITUTIONS the several
states could have regulated the commerce between
themselves, by the of roads and canals or in
any other way; but the Constitution have restricted
the states from entering into rea les contracts and
now they have no direct means of regulating com.
merce among themselves. IL seems TO follow a a ne
| cessary consequence, that the whole power which
previously existed on this subject among IN. states as
cntre soveregniie', ia carried to the general head
where 1t can be exercised to much graa,cr adj
vantage.
Can it be supposed that the trainers OF the Con..u.
ton. look forward lhs future glory of the nation
and being acquainted with the benefits Of roads and ca
mails to internal trade, in other countries could have
in'endel to PROSTATE all power this subject in
national point OF view? The trainers of the Constiu
uon were too wise 10 attempt 10 par cularize any of
the incidental powers. They well know the mprac,i.
caohty OF 1t. To mention one night be considered
as The exclusion of others; and they left them all 10
the sound disc: elton of Congress. They NAV or NAV
not have thought OF lighthouses; but if they did il
was safest % say nothing ahou them; and il such an
men'ment had been moved,I presume it would have
been rejected II was their study, in those cases to
the general, and not particular. The objects which
coined Congress with power must be national and
reachng in their considerations beyond state so:e-
reigny
wi 1eain the committee little longer with their
indulgence, on the subject OF post roads IL il said
mar tiS gives The powar only 10 select road in be-
hg' anu no The right TO create or make road We
10 not resort TO dictionary these occasions; but il
IL OF importance TO know the acceptaon of In. word.
IN state papers, in Legislative acts, aHd in any Other
parts of the same instrument. From these sources
we shall discover, that the word establish means 10
10 create, and not rely 10 designate thing in be ng
In me n st treaty we hal with France, it il stated TO
o. the desire OF the parties to establish suitable regna
tons between the two countries a similar express
sion is G. In our treaty with Engani | have no, ia.
ken much pains search for the word in legislative acts;
but the committee will recollect the phrasroopy in
many OF our acts of Congress. There is an act to e
tabsh navy hospitals Here work is 10 be done and
purchased, ard a building to be erected. There is
anoher TO establish trading houses 10 trade with The
Indians The words u used in the came seuse in the
articles Of confederation. 1t speaks of the regulations
to be esta5shedby Congress. The words is used in
NJ other sense in any part Of the constitution IL he
gias with the words, orain and establish the Consttu
ton Ii speaks of such az shall BE- established
from time TO time and hat The Far i'm OF nine states
shall, be sufficient fer the establishment OF this Ccns-
tuition. Ii gives Congress power 10 establish an mi
70 IN rule OF naturalization, and il is evidenty used in
the SANE sense, in the very clause in question
to establish post Offices and post roads As to ofT,es
means to create; why change the words from those
used in the articles of confederation, if It was not T.,
enlarge the power? In that instrument. nothing is
said concerning roads. The words to establish n rot
roads, must mean, TO make them when necessary or
they vaueles'. Ii Congress oblige to use the
sa'e Toai', they can have no interest in the route
and the Ina contractors will take care to seIec, IN
best route for themselves.
The power 70 be exercised in this case is N i'm ped
it il expressly gven IA the word es abli must me an
to make roid wherever Observation-Disclosures any
State coul shut mp III sir r0ais, AMI prevent IN United
States from carry iGg the malt. When a iorlifc jion
Is made, viii! any one deny that road can be made
to l.? And il Congress make road for s,ile the
can make for thousand miles. whenever tha same
necessity exists. Suppose insurreciion should bre
out an State through which it would be necessary
to pass should far ivoF the nurgeni4 a. t, clio
her roads in that direction, could not Congress open
them! Or, in the case of a war with foreign nation
u II should become necessary TO construct roads
to carry the war, could not Congress make them:
mean consiitu'ionally. And whatever can he done
agreeably to the provi-ione of the Constitution in a
state OF war, can be done in peace, prcparato to
other wars Whatever can he ACCOMPLISHED at one
moment, can be effected a, all mem ents
The objection TO the power OF Congress rust will
soon entirely disappear. There has been a mist over
the subect-a Kind OF political charm, leading many
INTO the sranaest inconsistency. For instance if the
owner OF few barren should rob the mail bv
implication, you conign IN, prophet o of the soil
TO the dsgraceiu punishment OF death under the gal
lows but a. to the bit of land h. leaves behind however
necessary for hs carrying OF that very mail, and 'or
inland trade besides, You cannot exercise over il the
most imperfect Of all rights tn, mere right of way
and 10 put toll gate il, to ra.e little money 10
keep il in repair.
harmonious union, Mr. Chairman, of the various
interests Of the country, have no tendency TO a
consolidation Of political power. The highways will
be open to all and sincerely believe, that the preerva-
ton oil the Union depend less the sword, than i'm
kind feeling, which is only he nonrishsd by beneficial
interconmunicatipns. Fer my own part I have no
fears; think the Government will las, Tor great many