CH. XXVII.]
POWERS OF CONGRESS—EMBARGOES.
163
ration, any more, than as to the manner and extent of the measure.[1]
§ 1286. That this measure went to the utmost verge of constitutional power, and especially of implied power, has never been denied. That it could not be justified by any, but the most liberal construction of the constitution, is equally undeniable. It was the favourite measure of those, who were generally the advocates of the strictest construction. It was sustained by the people from a belief, that it was promotive of the interests, and important to the safety of the Union.
§ 1287. At the present day, few statesmen are to be found, who seriously contest the constitutionality of the acts respecting either the embargo, or the purchase and admission of Louisiana into the Union. The general voice of the nation has sustained, and supported them. Why, then, should not that general voice be equally respected in relation to other measures of vast public importance, and by many deemed of still more vital interest to the country, such as the tariff laws, and the national bank charter? Can any measures furnish a more instructive lesson, or a more salutary admonition, in the whole history of parties, at once to moderate our zeal, and awaken our vigilance, than those, which stand upon principles repudiated at one time upon constitutional scruples, and solemnly adopted at another time, to subserve a present good, or foster the particular policy of an administration? While the principles of the constitution should be preserved with a most guarded caution, and a most sacred regard to the rights of the- ↑ United States v. The Brig William, 2 Hall's Law Journal, 255; 1 Kent's Comm. Lect. 19, p. 405; Sergeant on Const. Law, ch. 28, (ch. 30;) Gibbons v. Ogden, 9 Wheat. R. 1, 191 to 193.
