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


the assent ofihe states, is properi Ard, il
" niece ssary and proper" is il not justified as
an iicidentnI power:
II is indeed irun The operation of thes.
words necessary and proper, IN the clause OF
the consultation, which grant, accVSSarN pow
ers, that The Gsscat of The reSpceiire Statcs' is
cOnCcn ed 10 be- prerequisite To the improve.
meni ven OF pos roads. For however ne.
ceSSarS Suci; Improvement mishthv, IT mi..t
be questioned hUw far IN interference with iae
stale Jurisdiction oyer its soil, against its
viii, might be proper Nor i>th,s instance
OF al imperfect right III the general govern.
ment without an analogy IN the constitution
The power OF Exercising jurisdiction over
forts, magazines, arSenals aud dock yards de-
pending upon prev.oIs purchase by the L.
States, i0ith the consent Qt the state.
Admitting, then, that The constitution con.
iers only right Of ray, and that the rights of
soil, aud jurisdiction remain exclusively with
the states reSpectiNclN, yet there seems 10
Snund objection To the Improvement OF roads
,citk their assent. For. If by the 10th amend
meit, this right is reserved TO the states, il is
within the power OF the state to grant il, un-
less the United States are incapable OF receiv-
ing such privilege. But by various acts of
the government, whose validity has never been
questioned, II appears TO possess not merely
the power OF receiving SO unimportant pri-
yliegc as this, but OF acquiring territory nd Hbi-
tum. The acquisition OF Louisiana, one of the
happieSt events of our political history, evin
TERRITORY IS treaty fror: foreign nations. The
cession %! the north west territory by Virginia,
shews that under the strict principles of the
old confederation, which had so few features
OF nationality, the United States were deemed
10 have The power of acquiring lands even
from the states OF the confederacy. The
Georgia ceSslOn, completed about tic year
1902, Is finally decisive OF the practical aud
undisinted exercise of power IN the general
government to receive Il Cession of territory
from amy member of the coniederacy, under
the present constitution. but 1t the general
government have the power 10 aggrandize
itself by the acquisition of territories, can the
inferior privilege be denied them of recelvin.
from d state tie right of making or repairing
the roads over which they are compelled TO
transport The mails through the ONION
Moreover, il seems TO be admitted that the
United States have since the Georgia cesSon,
a constitutional right to make aud repair
roads in the ceded territory. If then by the
transfer ofthe territory Georgia could give,
and the United States receive the right to
make roads within it, tits difficult to imagine
substantial objection TO the validity of a
grant to make road, without tranfer OF the
territory.
.. Your committee conceive that the gene
raj govcrumentha has the power of making and
opening military roddS 'citt the assent Of te res
pscttUs states, with d view TO the common de-
fence of The nation.
The power ct opening road during actual
hostiiitieS, for the purpose OF transporting mi
iltary stores ana marching troops 10 points that
are menaced, has never yet been called in
question. In trnth, without such power the
United States must fall prey to foreign enc
mics, SO that il seems fair TO assume that
whenever military road becomes necessary
for the national safety tits IN the power of the
general government to construct IL. Oh this
necessity, that government can he the only
Judge , and ifthe power of judging Of this ne
cessity he III thcm the constitutional poo Ell 20
act must OF course be conceded. In the exer-
else of this discretion, a very general sentiment
at present prevails in favor OF preparations
during peace for state OF war. And If the
power ofjudging ,Uhen tits necessary, be adj
mitted, the constitutional right TO do il at any
time must be allowed.
Itisnot proposed 10 upon the delicate inquiry
whether this right can ne exercised by the general gov
eTnnent rfkOut the of the respective states
through whose territories read Is constructed
wars. Leaving this question for discussion whenever
the occasion may call forth your committee content
in this report to assertIhe right TO exercise this
sary" power icifh the assent Of Tie states.
Having taken this cursory view OF the principles of the
constitution in relation the construction Of roads b,
the United States it may be unporInt to examine
what has been the practice under rs provisions The
Jaws OF the Union, and the acts of the executive branch
OF the government, though they cannot be relied
support acknowledged error may safely be referred
in aid of inquiries as 10 the proper contraction OF
the constitution.
Among the most cons 7icuous of the analoges afford
ed by The acts Of Congress the establishment of the
Cumberland road already mentioned This road ha:
been constructed under the authority OF the u States
with their funds, aud through several If The states with
their IL has received The sanction O several
tnct representative bodies and Of two deTs OF the
u. States. Ia short il precedent alone were wanting
this act would iuinish H.
Passing over the ROAD from Nashville to Natcez, and
heTOad from ReynodslUTgio par; OF the late terrific
of Mississippi directed nv acI OF the lass session
Congress- both of winch afford pTtceaents 10 less strong
the IHiliay road.iaely directed b. the exc
cUtve authority to he constructed from piatIsBuTg OF
Its vicinity, saCkes Harbour. his Rad isnot to he
constructed with any express assent of TIE stale through
which i: passes by the authority of Congfcss, but
the president las deemed II necessary as military road
and has ordered II TO he made accordingly measure
the advantages of which understood to be palpablt
as TO have gwen great IN the cOun ~ Where
the road sade Hence. however, the question results
whether the exercise Of ths power by the president is
not admission Of the right of lie senera GOV
eTnmcnt military roads IN time profound
peace when they are believed 10 be necessary; and II
the power fudgUg !his necessity is possessed by
executive 1t cannot ii is presumed, be denied To Tie
more important organ OF the nations Wili-the Legisia
tuTe al the Onion.
,. AS to Canals II will be necessary to recaptu
late tie arguments ar.adJ used the subject Of roads
some OF which will be found Strongly applicable ca
nails. u may suffice add HAT tDt HOTeT make ca
nds and roads for ic promotion and s1iei Of Internal
commerce between the several at, In5 justly he
sidered not less incidental 70 the regna Of hcna
commerce. than many Of ,lie powers exercised Under he
authority regulate foreign commerce rcCessary
that power. The EMBELLISHMENTS 81 the HdUn during
from the Of good roads aud canals both in
IaIion trade and the transportation of cannon and
iary stores have feen too recently aLd sensIOy felt 70
he forgotten. Vested with the power Of making tic
Constitution could never have intended The general gov
eminent should make it under such disadvantages II
there he any part of that instrument which demands H.
beTa construction IL is that which C0nlefs the cde
raj government the power Of EiahnE war, and the duty
OF protecting the Union from foreign hostility. Will
navy yetinsufcicn to insure The safe
wise Of troops, UfDplemeBts of wal and military stores,
and destined contend with enemy whose command
Of the enables them assai In rapid uccesson the
most distant pOsiti0ns-wc have been compelled TOm
the want Of an Internal water communication to
ter the Eaefnl eXtTaySgaHce in The transportation
of tie means Of defence. Prom the same cause the in
teina trade between the states has hcen during war
trammeiied aud eBbarassed sad even cut Cd aud the
production Of portion of the community have rotied
their hands lille ds'7nt parts Of the u. states
suteiingfo the want of them.
Its tr1e that tile wants OF the Union cannot
confer power under the constitution; but they
may Justly be touched upon az afOrding aid IN
IA ,.cuetrrrt;c,, ffso,. ,,,,ssf n,ve bppu qloa