Two Canons of American law

[Here is a letter I wrote to William Johnson, June 12, 1823, regarding two Canons of American law.]

It may be impracticable to lay down any general formula of words which shall decide at once, and with precision in every case, this limit of jurisdiction. But there are two Canons which will guide us safely in most of the cases:

1. The capital and leading object of the Constitution was to leave with the states all authorities which respected their own citizens only, and to transfer to the US those which respected citizens of foreign, or other states: to make us several as to ourselves, but one as to all others. In the latter case then constructions should lean to the general jurisdiction; if the words will bear it; and in favor of the states in the former, if possible to be so construed. And indeed, between citizen and citizen of the same state, and under their own laws, I know but a single case in which a jurisdiction is given to the general government. That is where anything but gold or silver is made a lawful tender or the obligation of contracts is any otherwise impaired. The separate legislatures had so often abused that power, that the citizens themselves chose to trust it to the General, rather than to their own special authorities.   

2. On every question of construction, carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was past.

I wish for no straining of words against the general government, nor yet against the states. I believe the states can best govern our home concerns, the general government our foreign ones. I wish therefore to see maintained that wholesome distribution of powers established by the constitution for the limitation of both: & never to see all offices transferred to Washington, where, further withdrawn from the eyes of the people, they may more secretly be bought and sold as at market.