Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1817-12-22

manifested Of all cncroachments on
state power, and thei:' scrupalous adj
herencc to the most rigid principles
Of construction, in tho interpretation
of the constitution, affords sure qua
rantee, that more has not been adj
mitted thanmay fairly be assumed to
be within the provisions Of that in
strument. Taking then the acts both
Of the Legislative and executive
branches Of the government for our
guide, we shall find it clearly admit
ted that there are some cases, al least,
in which the general government pos
scsses the constitutional privilege Of
constructing. and improving roads
through the several states.
Thus by the &C, of the Goth of
Marchs 1906, confirmed, amended and
enlarged by subsequent acts. road
was directed to be laid out and con
structed from Cumberland, in the
state Of Maryland, to the state of D.
hio, upou obtaining the consent OF
the states through which it should
pass. Tho Fund provided for this
noble undertaking, was to consist Of
the proceeds oil the sales of certain
lands, the property of the United
States, in the state of Ohio, so that
this act furnishes the double admis-
sion, " that roads may be laid out by
Congress through the several states
with their consent )" and that, the ex
penses ofcoIstructins such roads may
constitutionalIy be betrayed out of the
funds of the United States. The
act was approved by the President, in
office, in 1906, and other acts con-
firming, amending and charging it,
were passed by subsequent legisla-
lures, in the years 1910, 1911 and
1915, and approved by the President
in Office. at those periods: nay, more
the three last acts contained appro-
priatiuns to the amount of $4,000
payable out Of amy moneys in the
Treasury, but rcinburaablc out of the
Ohio fund d fund which might or
might not, prove adequate, and
which, in point uf fact is believed hi
therto to have been insufficient.
Similar to this act in some of liz
provisions, and analogous in principle
are the acts of April 2lst, 1906. and
Of the Sd OF March, 1917, apthori,
zing roads to be opened from Nash
vile, and Rcnoidsburg, in the state
of Tennessee. to different points in
the Mississippi territory. Bat these
acts so still farther than the former,
in emitting 10 require the previous con-
seat Of The state Of Tennessee, through
whose territories part of the roads.
was to pass, and in directing the en-
penscs OF making them, to be defray-
ed out Of the public Treasury of the
United States, without providing for
its reimbursement, in any manner
Whatsoever.
But lest tie influence to be derived
from these admissions, should he
deemed to be weakened by the consi-
deration, that the collision of opinion
on tie constitutional question has ari-
sen, since the passage Of those laws,
your committee will beg leave to refer
to the date of the last act abovemcn-
toned, aud to certain transactions Of
a date, subsequent to the important
and well remembered difference of OPT
Mon between the executive and legis-
laturc at the last sc sion of Congress.
Since that period they have satisfac-
tory information, that a road has
been directed by the executive of the
United States, to be improved, at the
expense of the general government,
and doubtless, for military purposes.
This road is laid out from plattsburs
or its vicinity, in the state of New
York to Sackct's Harbor, in the same
State.
1t is presumed that it is to be con-
structed at the expense Of the general
government, and tits undcrstood that the
previous assent Of the state has not been
procured.
From this act, therefore, of the execu-
tive branch OF tie government. emanatiag
from that source, at late date it would
seem fair 10 infer that the constitution is
admitted to have conferred upon the &C.
neral government a power, in some cases,
to make roads, and to effay the expense