Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-05-25

the so!ecism never proPounoed, perhaps. from
any tribunal; one, indeed, which it mipb, h hoh
been supposed no human imagination M, '. -,
most fruitful in anomalies, could ever conoo ;ne
that the action of the federal goye,n,''s
by legislation and treaties is the action 81 ,a
States and their Inhabitants" fthis er,r,
binary proposition Can be taken as uniysrs'I'!.
or as generally true, then Stale soyere;9n,t'
Slate rights or State existence even, mus, hs ~,
than empty names, and the constitution If 10
United States, with all its Limitations on Pada
raj power, and as il has been heretofore ,ess
rally understood TO be special delesa,ioo -
power, is falsehood or an absurdi'y II mu., :.
viewed as the creation Of power transcend;ns
that which called it into existence; power sn'
gle, universal, engrossDg, absolute. Eyerv.
thing in the nature of civil or political riyht i
thus engulphcd in federal Legislation and n Inc
power of negotiating treaties. History tells Il.
of an absolute monarch who characterized him
self and his authority by the declaration, II am
the State The revolving assertion Of desno,
ism was, even in the seventeenth century, deem.
ed worthy OF being handed down for the renro.
baton of The frirnds of civil and political Lber
". What, then, must be thought in oiSyja,
and in future time, of doctrine which, under,
government proiessedly one Of charter e1cu,y
", claims beyond the terms OF that charter. no
merel, the absolute control Of civil and pol;l;.
cal rights, but the power TO descend 10 and
regulate I'D LiBIrUH the private and person.
al concerns of life. Thus the ground now
assumed in terms for the federal govern.
ment is, that the power 10 regulate commerce
means still "more especially" the power
10 regulate personal infsrcows<.' Again.
il is asserted that the Federal Government, il
The regulation of commerce "may adm: Or
may ,etus foreign Intercourse par,ially or n.
t.reiy.' II those who resort 10 ibis term inter.
curse, mean merely commercial transactions
a. generally understood, their argument is an
,nmeaning variation Of words, and Is worth
nothing They obtain BY the attempted sub,li.
tuition no new power. They have The power
10 regulate C mmerce. and nothing beyond tins.
Comm<rciai intercourse is simply commerce :
Blu, if they adopt the word intereca Sc sinsy,
10 is extended and general accepla,ion, and
without ne proper qualifying adjunct, they vlo-
late the text and the meaning of The Conslitu.
ton ard grasp at powers greatly beyond The
scope Of any authority legitimatey connected
with Commerce as well understood. The term
eGmmerce found in the text of the Constitution
has received, established and adjudged sccep
tation. The wise men who framed the Con-
sliution designed it for practical application.
They preferred, therefore, TO convey lis mean
ing in language which was plan and familiar,
and avoided words and phrases which were
equivocal unusual or recondlte, as apt sources
OF future pcrpieAity. They well understood the
Specification Of the word ,nieresnrse, and knew
II was by no means synonymous with The word
commerce.; they shunncd, therefore, the ambi.
guity and seeming aicctaton OF adopting it, ~
order TO express their meaning when speaking
# commerce. This word intercourse, nowhere
found in the Constitution, implies infinitely
more than the word commerce. INTERCOURSE
l.wI.h foreign nations, amongst The States,
and with the Indian tribes" Under this Ian
suage not only might national, CONNER.
cal or political intercourse be comprehend
ed, but every conceivable intercourse be-
tween the individuals Of our own country and
foreigners, and amongst the citizens Of The di(.
ferent States, might be transferred 10 The fede.
raj government And thus we see that with re-
,pect To intercourse with aliens in time OF peace
loo il is now broadly asserted that all power
has been vested exclusively in The federal gov
ment. The myestiture of power in Congress
under this term would not be lihited b. this
construction TO this point. it would extend not
,n'y 10 the right OF going abroad 10 foreign coun.
ries and OF requiring licenses and passports for
hat purpose il would embrace also the right OF
ransi, for persons and property between the
/ lferent States Of the Union, and the power Of
regulating highways and vehicles OF transports
ion. We have here few examples Of the
nlsches in: idcnt 10 the doctrine which first in
crpolaes into the constitution the term inr-
ou,sg in lieu of the word commerce contained
n that instrument, and which then, by an arb
rary acceptation given 10 this term, claims for
Congress whatsoever il may De thought dcsrs
,le TO comprise within its meaning. By PEI:
hitting such an abuse, every limit may be re-
moved from the power of the federal govern
nent, and no engine of usurpaton could DO
more conveniently devised than the introduc.
ion of a favorite word which the interpolalet
would surely have as much right to interpret as
0 Introduce This would be fulfilling almost
o The letter the account oil the Tale OF TUB,
f Jack, Peter aud Martin engage in the inter
rotation of their fathers will. Once lei tie
arriers Of the constitution be removed, and tie
march of abuse will oe onward and wilhou,
ounds. WIN. Tl0S. CARROLL,
True copy-Teste: C. S. C. u. S.