Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1853-03-04

For example: the Constitution empowers Con-
gresS to regulate commerce with foreign nations and
among the States. The vast extent and manifold
bearings of this power, even when most strictly
construed, can scarcely be estimated. Wisely
Jealous of it, the Conv ention which ratified the
constitution on behalf of VIRGINIA, recommended
an amendment TO the effect that no navigation law
or law regulating commerce should be passed with
out the consent of two thirds OF the members pres
ent in both Houses. In very different spirit,
the Supreme Court has expanded the power, un-
til it hardly acknowledges any limitation except
the discretion of Congress-; and finally the Court
has undertaken to execute this boundleSs power
without even the previous sanction OF adequate
legislation. Hence you have suffered. And re-
Gently (aggravatng the mischiefs of those prece-
denD the Supreme Court has placed such con-
struction on another graut of power may ex
tend the Admiralty and Maritime jurisdiction of
the Federal courts over all the great navigable
waters of the country. This startling and novel
encroachment upon the rights of the States passes,
for the present, without general censure.
Such encroachments are most dangerous when
they are made through judicial precedents, which
always widen, never recede, and rarely arrest a.
tertIon until it is too late. A political conStitu-
than by judges; but the opinions of our judges
even upan political questions, arising out ofSthe
constitution, are too apt TO be accepted by the
ecutse and ], gislative departments warrant
for stretching their authority. Hence, current
of judicial precedents, drifting always in the same
direction, should be encountered by public opin-
ion acting upon and through the State governments
the Federal executive and Congress, for the pur-
pose of preserving the rights of the States. Nor
would this imply any distrust CT the wisdom
of the Federal courts in regard to other subjects
of judicial cognizance, or OF their purit yin any
respect.
Without extending these observations, mean
to declare that longer yielding an assent mere
ly passive theatrical to the principle of estate
RIGHrs,' hold it TO be paramount duty, in the
present condition of the country and of our pub
lie law, to sustain that policy and those princi-
Piles which will most efectually uphold the legti-
mate authority of the States and restrain the cen
tralizing tendencies of the Federal government.
Let me commend the same rule of political ac-
ton TO your favorable consideration. Many OF
you have doubtless been accustomed TO look to the
Federal government for comprehensive and vigor-
Gus me assures, which you have deemed useful to the
country. Without pausing 10 inquire whether
measures once Salutary must be now-Since the
development of distinct commercial systems in
the several States, the construction of many pub
lie works within them the advance of useful arts
the unprecedented increase of gold, the immense
migrations of population from one to another
quarter ofthe globe, and other less striking events
of late yearS-t mus! be obvious that some of
those measures are no longer necessary to pow
erful nation; and that they would now tend to ag-
gravate inequalities among the Sta'es to foment
discontents and to aggrandize Central power, al
ready perhaps too strong to be safe and too rich TO
be pure. BY such process; if continued loo long,
the States-necessary guardians of our welfare
and Gberty-would be shorn of their rightful pow
ers and siak into the imbecile provinces of con-
suits must be deprecated by all Virgnians, and by
none more than yourselves Ii is essential to your
safety that the Union should be preserved and that
Virginia shall be powerful, and free TO use her
power.
1t is some time since these opinions began to be
matured; but l have delayed public avowal of
them, partly that reflection mig ht assure me they
were not founded in impulse alone, and partly
from an almost invincible reluctance to do what
many will attribute to an improper motive You
will judge me with candor.
thank you heartily, my. fellow Citizens for the
honorS you have conferred upon me and am,
with much esteem,
Your friend and fellow citizen,
CHARLES w. RUSSELL.