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

REPORT, IN PART,
Or the C0mmittee on SO muct Of the Presidents
massage as retateS TO Roads, Canals, Gnd Semi
TcT!eS or Lea mig.
The committee, 10 whom were referred so
much of the Presidents MESSAGE as relates
TO roads, canals, aud seminaries OF learning,
respectfully
REPORT. IN PART,
That they have taken into consideration the
subject refereed to them, and bestowed on it
that attertion 10 which, by its Importance, it
Is so eminently entitled. Involving, as it is
supposed, great constitutional question, OH
tile one hand and intimately connected, on
the other, with the improvement, the prospe
rity. the union, and the happiness of the u ait
ed Staies, Il presents the tairest claims 10 caH-
did and diligent investigation. Nor lis IL with.
cut additional interest from the division of
opinion 10 which il has heretofore given rise
between the executive and legislative bran
ches or the government; Il difference, which
in the indulgence of the rights Of free ODinion
will be still found TO exist between the senti-
inents promulgated in the message of the Pre-
sident and those which will be advanced by
your committee in this report nor do Ihev
conceive, that the expression in the message OF
the President of an opinion UGtlyo rahc to the
constitutional powers of the general govern
Inent shGu,l he permitted In have any i7llu-
ence on the disposition OF Congress, TO leris-
late his interesting subject. For, if the
consiitutonai majority of the two Houses,
should difcr with the executive department,
the opIi;un OF The latter, however respectable,
must yield to such an expression OF their will.
On the other hand Il from difference to al
opinion promulgated in an executive c0mmu-
nIcaii0n, Congress should refrain from cater
ing upon the consideration of "a question i'll
voiyins constitutional doctrine. il might hap
pen that the opinion of the President would
prevent the emaciion If law, even though
there ShoHid he the constitutional majority OF
two th.rdS Of both honseS IN its favor. Thus,
by the Introduction OF such ii practice, the
Presidential tctO wonid acquire farce
L 81.
body would be shorn OF lis powers from want
of cOnE lehCe in its strength, or from iniiispO.
sition tn exert il. Whilst your committee are
perfectly aware, that nothing like this is
tempated by the executive brIuch of the gov
ernincnt, ihey presume, the House of Repre-
seatativeS VIII scFUpulOusly avoid a course,
which may be construed Into "a derelrtion OF
their privileges. They deem il, therefore, not
improper to oIier some considerations upon the
question Of the constitutional powers Of the
general government, to pass laws for the inn
proVens1t and construction of roads and ca
mails. wit, the consent Of the states.
As il is obvious, however, that these several
subjects Of legislation do not rest upon the
same foundations, and jiiat one Of these may
be within the sphere of the constitutional pow
ers Of Congress, whilst the others may belong
exclusively 10 the states. q is proposed 10 treat
them separately, and the subject of the i'm
proyemcnt aud construction of public roads
which appears to your committee, most clearly
To be reducible TO tile powers vested in The
general government, VIII De nfst taken INTO
consideration.
Az accurate attention TO the real points OF
difference on this subject, will greatly cOutri
butte t. free the controversy from unimportant
aud Irrelevant considerations. To attain this,
we have only TO compare what rs mauifcsty
admitted on the one hand, with what is claimed
and c0nieudcd for on Tire other.
The laws Of ante cedent Congresses, approx
cd by successive executive magistrates, and
t'fe acts of the executive magistrates them
selves VIII be rcSoftcd TO rs at,ordng eydence
OF what may b. regarded rs conceded to lie
within tlie powers OF the General government
The cOnmendabIe Jealousy which they nave
manifested AT nncr0Hclments on state now
or, aud their scrupllous adherence 10 the most
rigid pfiHcIpl Of construction, IN fle inter-
pTciat'pu Of tho constitution, affords Il sHre
guarsnicc, that more has not been admitted
fiion may fairly be assumed 10 &c vithin tie
prOviglous Of thai Instrument. TaIag. then,
the acis bOth Of the legislative and executive
branches of The government for our guide, we
shall iird it cienriy admitted that ihcte are
s9me coSos, Gt ic05i, IN Which the general GOV
eminent possesses the constitutional pfivicge
Nf constructing, and Improving roads through
i've ST. yera'i states.
Tins. Dy The act Of the z0ih Of March, 1900,
confirmed, amended and enlarged by srhse.
fuont ares road Was directed 10 be lad out
a,pl constructed from CWmbetapd, in III" slate
of MARYLAND 60 thc state Of Ohio, upon Oh
tairing tie conscIt OF TIC states thrOuSn Wnicb
II shnnld pass The fund provided for This
NOZZLE snslcftaking. was 90 consist Of tie pro
rec6s OF Tic sales 0f CO rtalu idrds, the proper
~ al he DDitod states, iu the state OF ONO (;
so that Iris act furnishes the double admission
flst rosds may be laid Ont by Congress
,hsOagh The several safes W'tn thsr cohFcD'