Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1817-12-23

L II II, y
! aud other acts confirming, amending, aud en-
! larging IL, were passed Dy subsequent legi>ia-
lures. III the Nears 1910, 1911 and 1918, aud APP
| proved by the President, in Office, at those
I periods may, more the three last acts CON
] taincd appropriations to the amount OF ) 30
O91 pa, able cut OF amy moneys ia the Treas ury,
/ but reimbuIs sable out OF the Ohio fund fund
| which might, or might not, prove adequate.
arc which, III point OF fact, Is believed hitherto
1 10 have been ui>'tticieht.
| Similar To this act IN of its prov sions,
and analogous ia prlnclpie. are the actS OF \ pri
DIST 1906. and OF the 3d OF March, 1917. author
] lzing roads to be opened from Nashville, and
| Reyuoldsburs in the state OF Tennessee, TO
! different points in the mississippi territory.
But these acts 90 silt farther than the former
in oBiittih to rCgGie The precious consent Of fhe
| state Of Tennessee, through whose territories 4
part OF the roads, was 10 pass, and in directing
| the expenses of making them, to be betrayed
out OF The public Treasury of the United States,
without providing for its reimbursement, in any
| manner whatsoever.
| But lest the influence To be derived from
I these admissions should be deemed 10 be weak-
| eied by the consideration, that the collision OF
| opinion on tic constitutional question has arts.
| en- since the passage of those laws, yonr com
mittee will beg leave 10 refer To the date of the
| last act, aforementioned, and tn certain trans
| actions OF d date, subsequent to the important
| and well RENE mhS red difference of opinion be-
tween the executive aud legislature. at the last
| session OF Congress. Since that period, they
| have satisfactory information. that road has
1
| 10 be improved, at the expense of the general
4 government, aud doubtless, for military purpo-
ses. This road is laid oot from flattSburg, or
| its vicinity, in the safe oil New York, to Sack
| etts HarbOr. the same state.
Ii Is presumed, that il Is to bc constructed AT
| the expense OF the general government, aud il
| is understood, that the previous assent OF the
| state, has not been procured.
| From this act therefore, of the executive
| branch OF The government, cinaTat.ng from that
scarce, at a late date itwOutt seem fairt to iu-
| fer, that the rons tuition IS admitted, to nave
| conferred upon the general government a pow
! or az sure cases, to make roads aud TO tefray
| the expense OF their construction, out of tue
| funds OF the United States. Aud as the power
! Is not denied az all cassS your committee will
| attempt to shew that Congress has the power,
!. q lay out, construct, and improve post
! roads through the several states, with the as
sent OF tie respective states. And,
z. To epcn, construct and improve military
roads, through the several states, with the as
sent of the respective states.
3. TO cut canals through the several states,
| with their assent for promoting and giving Sc
| cnrIty IL internal commerce. and for the more
safe and economical transportation of military
| stores. &c. III times of war; leaving in all these
cases, the juriSdictional right over the soil in
| the respective states.
In examining the sounducsS of these posi-
| tons, your committee viii not find it necessary
TO resortto what is called liberal construction
| OF The constitution. They might indeed CON
| tend, that as the powers here attributed TO the
| nIted States, are not i'll derogatiun Of state
rights (Since thcycan ouly be exercised bY their
ASSENT there is less reason for adhcring 10 ex-
IRENE rigor OF construction. Where the autlIO.
| rity Claimed by the general government is OPP
pressive in its character, or dangerous in its
tendencies where it is asserted without defer
ence to state assent, and in derogation eff state
power where 1t is calculated to aggrandize
the Union, and TO depreSs its members, the re
may be some reason for holding the represent
ativeS of the nation to the "letter of their au-
thority." But where the power sought TO he
| exercised, is beneficcnt in its effects aud only
! felt IN the blessing 1t conferS where il is not
| proposed TO act, except with the assent of the
party which is TO be affected where the meas
ure is more calculated to increase the opulence
| and the power of the state, than to agSrandize
| the Union at its expense; il might fairly be
| contehded that = less rigorous construction of
demonstration, would be juStifiable. 1t is mel
ther unprecedented or improper TO construe
the same instrument literally, where the inter
ests OF the contracting parties will be, thereby
promoted, and TO adhere 10 a greaterstrictness,
where INJURY may arise to either, by an inter
pretation too iattudnous. That the powers
nqut stion, are neither dangerous in their ten
denotes or calculated To prove injurious to the
states, wOnid seem fairly inferIabe from the re-
commendatOn 10 amend The constitution, and
from the Importance so Justly attached TO these
objects on all hands.
Bat your committee, nevertheless, do not
corrective Unnecessary 10 call to theiraid. the IL
berai principles OF construction, which the oc-
caSion might Justify. They disavow any use of
! the general phrase in the consultation TO pro-
vide for the common defence and general wei
fare, as applicable 10 the euumeratiOR of pow
| erS, OF as extending the power OF Congress be-
You'd the specified powers /; aud they admit
that to suppGrt their positions, il must appear,
| that the powers commended for, are expressly
granted, or that they are both " necessary and
proper for carrying into execution some other
| express pOwcr.c
That Congress with the assent of the states
respectively, may construct and improve their
post roads, under the ser" 10 establish posi-
offices and post roads, seems to he manifest
bO;h from the nature Of things, and from anal
CgOIS constructions Of the constitution. III has
been commended, indeed, that the word establish
~ ihis clause OF the instrument. CnmDrehendS
nothing more than a mere designation of post
roads Bat Ifthls be true, the important powers
| conferred OH the general government, la rela-
ton TO the post Office, might he rendered in a
great measure Inefficient aud mpracticabic-
In some states a power IS vested IN the inferior
tribunals or county cOurtS. to discontinue
| roads AT their discretion L; post road desgna-
| led by Congress, might thus be discontinued
| to the great embarrassment of the post Office
| establishment. II the power TO esidbiS!t, con-
ters only The authority to designate, Congress
can have no right either to keep ferry over a
deep and rapid river, for the transportation of
the mails or 10 compel the owners ola ferry
TO perform that service aud vet our laws
contain an act, acqnieSced i'm for more than -
years, imposing penalties OIL feTrynen for de-
taiuiug the mail, and on other persons for re-
lardug or obStructlnS its passage. Ii would
be difficult To discover how this power OF i'm
posing penalties can be supported, either as
ian original or accessory power, except upon
principles OF more liberal construction than
those now advanced. There are therefore,
not a few who believe that under the authority
TO 4" eStabisi" post roads, Congress have eX.
press power TO lay out, construct. aud inn
prove roads for the transportation of The
mails.
But however this may be, the authority
which is conferred by the constitution to make
all laws which shall! be " necessary and pro-