Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1817-12-23


Canals and !SeMinaries Of learning.
DECEMBER Is, 1917.
Read and committed to 4 committee oil
the whole house on Friday next.
Concluded
Q. Your committee conceive that the
general government has the power of M
king ard Opening military roads scith fts
csssnt of The respective states, with a view
TO the common defence oil the nation.
The puwer OF npeniDg road during
actual Institutes, for the purpose of trans
porting military stores, ard marching
troops TO points that are menaced. has ne
yer yet been called in question. In truth,
without such power the u. States must
tall a PREV to foreign enemies SO that it
seems far to assume that. whenever MI
litary road becomes necessary for the NJ
tionai safety, it is in the pow err oil the &C.
neral government to construct II. Oi this
necessity, that government can b. the on
" Judge; ard if toe Powef OF Judging oil
this necessiiv be in them, the ccnstltn-
tional power to act must OF course be con-
ceded. In the exercise of this d:scre
ton, very general sentiment at Presen:
prevails 10 FAVOR of preparations during
peace for state Of war. And it the
power of judging ,ohen tits necessa'y,be
admitted, the constitutional right to do It
at any tine must be allowed.
1t Is not proposed to enter upon the
delicate enquiry whether this right can
be exercised By the general government,
aCiihom the assent of the respective states
through whose territories road Is con
structed, in time Of peac, with view
to military operations in any future wars.
Leaving this question for discussion
whenever the oscdsioh may call it fnrth,
your committee are cOntehtih this report
to assert ,;,t right to exercise this " ne
ccssa.y" power 'ciih the assent OF the
states.
Having take, this cursory view OF the
principles Of the constitution, in relation
10 the construction of roads % the Uni
ted States, it may not be unlmpoitant TO
examine VIVA has been the p'acncc un-
der its provisions. The laws of the I'm
ion, and the acts of the executive branch
of the government, though they cannot
be relied on tn support acknowledged err
ror. NAV safely be referred to IN aId OF
our inquiries as to the proper construc'
ton of a., constitution.
Among the most conspicuous OF the a
nalogies Afforded by the ACES OF Congress,
il the establishment of the Cumberland
road already mentioned. This road has
been constructed under the authority OF
the United States, with their funds, and
through several Of the states. with their
assent II has received the sanction OF
several distinct representative bodies,
and Of two presidents OF the L. States.
In short, if precedent alone were want
ing, this act would furnish 1t.
Passing over the ROAD from Nashville
10 Natchez, and the road from Reynolds
burg to part If the late territory oil
Mississippi, directed BY an act o! the last
session of Congress, both OF which afford
presidents no less strong, we come to the
military road lately directed 10y the exc
cuuve authority to be constructed from
Piattsburg OF ITS vicinity, To Sacketts
Harbor. This road is not to b, construct
ed with any express assent OF the State
through which II passes, nor by the au-
thority of Congress bat the president
has deemed IL necessary as Mllitary
road, and has ordered il TO he made &C
cor,lingly a measure, the advantages OF
which are understood ts be so paipabie,
"a 10 have given great Satisfaction 10 the
country where he road is made. Hence
however the question results, whether the
exercise of this power by the President,
is not an express admission OF the right
of the general government to open mill
tar. roads even in time of profound peace,
when they are believed to be necessary !;
and if the power of judging OF this ne
cessityis possessed by the executive, 1t
cannct, it is presumed, be denied to the
vet more important organ OF the nation 5
v,il-the legislature OF the union.
s. AS to canals. 1t will not be neces-
sary to recapita.s,e the arguments aiTea
Dis used ON The subject OF roads; some OF
which will he found strongly applicable
to canals. II may suffice to add, that the
power to make canals and roais, io' the
promotion and safety Vt internal com-
insrae between the several states, may
Justly be considered as not less moideo-
al 10 ,he regulation Of internal commerce
,lAAr many Of the puwers exercised under
the suthority to regulate foreign com
me,ce ATE necessary to that power. Inc