Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/533

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CH. VI.]
THE PREAMBLE.
493

tion. In each case, however, they received the decided support of a great majority of all the states of the Union; and the constitutionality of them is now universally acquiesced in, if not universally affirmed. We allude to the unlimited embargo, passed in 1807, and the purchase and admission of Louisiana into the Union, under the treaty with France in 1803.[1] That any act has ever been done by the general government, which even a majority of the states in the Union have deemed a clear and gross usurpation, may be safely denied. On the other hand, it is certain, that many powers positively belonging to the general government, have never yet been put into full operation. So that the influence of state opinions, and state jealousies, and state policy, may be clearly traced throughout the operations of the general government, and especially in the exercise of the legislative powers. This furnishes no just ground of complaint or accusation. It is right, that it should be so. But it demonstrates, that the general government has many salutary checks, silently at work to control its movements; and, that experience coincides with theory in establishing, that it is calculated to secure "the blessings of liberty to ourselves and our posterity."

§ 516. If, upon a closer survey of all the powers given by the constitution, and all the guards upon their exercise, we shall perceive still stronger inducements
  1. 4 Elliot's Debates, 257.—President Jefferson himself, under whose administration both these measures were passed, which were, in the highest sense, his own measures, was deliberately of opinion, that an amendment of the constitution was necessary, to authorize the general government to admit Louisiana into the Union. Yet he ratified the very treaty, which secured this right; and confirmed the laws, which gave it effect. 4 Jefferson's Corresp. 1, 2, 3.—A more particular consideration of these subjects will naturally arise in some future discussions.