Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1817-01-09
NATIONAL UNIVERSITY,
SYSTEM OF ROADS, CANALS, SC
No.

SYSTEM OF ROADS, CANALS, &c.
No.2
+ Are these constitutional lin other
words, has the general government the
power 10 establish them?
fit has this power, If must derive it
from the Constitution which creates that
government.
Does the Constitution of the United
States, then, confer any such power3
The Constitution of The United States
Is, however, an instrument, not conveying
general and undetinedpowers, but certain
specified and express ones.
There can be no doubt on this subject.
The very history of that Constitution,
the spirit in which it was made, and i'm
which, it was adopted by the Conventions
of the States, the whole tone and tenor of
It's provisions, are concurrent evidences
of the truth of this position.
But every possible doubt vanishes be-
fore a particular clause which has been adj
ded to it, by way of amendment: "The
powers not deiegatedto the United States,
by The Constitution, nor probibitedby il
TO the States, are reserved TO the States re-
spectivelv, or to the People"
Is the power, then to establish the inst-
tutions we have named, among those
specified in the Constitution In other
words, is ii "delegatsd TO the United States
by the Constitution ~
The whole question, then, is in nut
shell.-Lay your finger, gentlemen, upon
any particular clause which gives YOU this
power, either as an end, or as neG,,s ne
cessary and proper for carrying into exc
cution" some other end, and the whole
question is seitled.-But, until YOU
do produce such clause, we NAV still
he permitted TO doubt the power which
you claim.
There is very little scope for original
discussion on this subject.1The powers
of the general government have been so
often canvassed. particularly in the able
Report of Mir. Madison OH the Alien and
Sediion laws, that we have but To adopt
the principles of that Report, as contain
ing the views Of the Republicans of 90,
as we'll as the true exposition of the Con-
stitutiOn
wherever, therefore, question arises
concerning the constitutionaity ola paffic-
ulur power the first question is, whether
the power be expressed in the Constitution.
If it be, the question is decided. II il be
not expressed, the next enquiry must be,
whether it is properly an incidentto an en-
press power. and necessary to its exccu-
lion. it be, it may be exercised by
Congress. Fit be not, Congress cannot
exercise it,"
BY these tests, let us examine these in
stitutiGns-We ask then, where is the
power TO establish National UmircrSity, a
National Sgstem Of RoadS and Cdmals, eapres-
Sed in the Constitution. Put on YOUR spec
tacle again, gentlemen, and cite the ar
ticle and section which expresses it,.
Hunt till dooms-day and you will find
no such power expressed.
But if there be some power to Which
these are subsidiary and incidental, then
the question oco urs, what power is this to
which q National University, or a system
ofRoads q Canals is so essential Hunt
again through the ConstitHtion--wbere is
The power There is none such; from
which it easily and naturally flows there
Is none, from which it can be derived, with
out the most distorted construction, and
forced implication.
II may be said, for instance, That Con
sress has power " to exercise ercfnsire te-
giStati0n, in all cases whatsoever over
The District of Columbia that Tie
National Universityis 10 be located in that
District True-if this University is TO
be tocat, not national: fit is TO be endow-
ed out Of the property of the citizens of
that District, aad not out of the Nation,
the power cannot he denled-but is this
the true aspect of that University Very
Par from tit is TO be made out OF the mr.
hoHat property, for national pu,poseS.--Ad-
nit that the property is To- consist of the
lots in The District OF Columbia, belong
ing to the United States, this does not al
Ter the question: is sill national prop
erty, wherever il he located. And note
cent can be taken out Of the Treasury,
nor one inch of ground appropriated out
0ithe domains of the Nation, but for the
beneht Of an institution, which Congress
has right, under the Constitution, TO
establish. They have the same right TO
Tax my purse for the necessary funds, as
fotoucl the general property oftbe nation
and the only question after all, is this
mas Congress right TO appropriate mo-
sey TO a E1tionat University, whether
D be. situated in PhitidelpIlia or in Wash