Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-03-13

taken. II was Sufficient for him that there was
no express provision in the Constitution grant
ing this power. Does this House, said MIR, s.
wish to hear long speeches' Have wesnot
already had so many, that wearied patience
had cried out enough, enoughs Every gentle
mans mind had been long made up, Sir. S.
said on this subject, aud where was the use of
wasting the time of the House, when il was
certain that no members mind would be
changed q the subject were Diseased for
weeks tic should not withdraw his motion.
The question was taken on Air. Sawyers
motion. aud negatiyed by a large majority.
Mr.. lUchei, of Virginia, then rose IN support
Of the resolution, which he had reported irom
the select committee, on the merits of which
he delivered his views AT large; arguing 10
-proNe that the power assumed ny the resOiu-
ton consiitutiOnaliy belonged 10 the general
soveinnent, that II did not reside IN The
states that the proposition WAS not novel
that q Was not dangerous; that il would great
iy promote the public good; that the face of
our country was peculiarly calculated to re
ceive immense advantages from the labors f
artand enterprise; that the fund contemplated
was fully adequate to the Accomplishment ot
tue great objects OF the proposition, sc.
Mr.. adams OF Massachusetts, submitted his
reasons IN opposition to the resolution.
MI Bs!taFd Smith of Virginia, spoke at
length IN support OF The resolution, both as 10
Its consttuionality and its expediency.
Mir. Ctcggett of New Hampshire, spoke at
equal length in opposition to il; when
Mr.. LoWEdss rose TO propose modification
OF the proposition before The committee He
thoush, II weIld be better TO separate the
constitutional question embraced by the reso-
iuuon from the question ofexpediency. After
the adverse opinions of two Presidents had
been expressed, MIR. l.. thought il was proper
to settle the constitutional question, and in
doing so 1t was hest TO present IL free from the
question of expediency, or from any embar-
rasSmentS OF detail in which shape the deci-
sion would be more uneQuiyocal, aud gentle
men might vote for either branch OF the pro-
POSITION, and against the other, with perfect
consistency. he, therefore, moved, by way of
amendment, the following substitute for the
resolution under consideration:
hesoired, That under the constitution of the
Tinted States, Congress has power to appro-
Priate money tor the construction OF post
roads, military and other roads, and canals.
ana Tor the improvement of water courses.
win the assent of the states in which they NAV
heSotced, That II is expedient that the sum
to be paid tn the United States by the a0th sec-
ton of the act TO incorporate the Subscribers
10 t'ie BANK OF the United States, aud the divi.
dends which shall arise from their shares in it's
capital STOCK, be constituted as fund for inter
nal improvement.
MIR. johnson, OF Va wished this snbiect IN he
fa,riy discussed, hut could not Sc the necessity
ot separating The questions. He asked If the
Rouse would consent To sit debating merely
abstract questions of constitutional powcrsf
u performed
untii members were convinced of the convent
eHce, me necessity, or the expediency of il,
ana then they would enquire, and il would he
tiihe enough to enquire, into their powers to
MIR. Tucker and Mr.. T'alln,nJ1e yyere in f,vor
o! the amendment.
Mr. EdcaTds enquired whether it was in
tended TO question the power of Congress.
merely 10 appropriate money for the object, or
ton; to which
Mr.. Lorndes replied, that his object was.
Substantially, TO bring forward, for decision
the right OF passing such bill as that of the
last session, on this subject.
MIR. H0psiGs0n observed that as he held
that Congress had this power, with or without
tue consent OF the states and as he doubted
whether the words -" uith the assext az tbe
states" could, according TO order, be after
Wdrus s'ricGen out, II the amendment were
now agreed TO and as he couid never sanction
Win ma vote any proposition recognizing this
condition as necessary to the pow er in question
he moved that those words be stricken out
OF the proposed substitute.
MI Tucker OF virginia spoke in explanation
OF the views of the committee in their report.
IL was not intended to declare, that Congress
had this right without the consent of the states
(and he was inclined TO believe il had not
Dut merely to say, that with that consent Con-
gress had the power, and might exercise the
right. Dir. L. then entered into the question
OF the extent Ofthe power, as coniended for In
the report, at some length.
MIR. HopEinsOn also went somewhat at large
INTO an examination of the question; arguing
that the power OF the general government i'm
tins case, was independent OF the state autho-
rity orstate assent that the constitution had
not recognised state assent as necessary in any
case III the exercise OF any power II granted.
II his power, Mr.. II. said was commended for
on three grounds Its exercise was claimed
under The power TO establish post roads, under
that 10 provide for the general welfare, and
ihder Inc power 10 regulate commerce be-
tween me several states; the right now claim
ell was justified as a cOrreaiive of one of these
three powers, and, as neither of these powers
was held dependent on tie assent of the states
he minor right growing ont of them could not
be. AS, therefore, this right rested ON the
constitution, he hoped il would not be refer
req 10 me assent or the states for though
! snch an admission might he considered, if not
necessary, at least harmless, yet he viewed il
as neither harmless nor safe, but as a cOnces-
SION which might hereafter be productive of
danger LII was improper TO admit words
which wOnld hereafter render il doubtfuI an
what ground Congress acted, aud, as liza was
opposed 10 those, in principle, he hoped they
would he eX. uuged.
Mr.. LowHdes, while he concmrred entirely in
MIR. H0phinS0n views of the constitution and
though Congress might possess the power
independently of the states, yet defended the
proprIety of retaining the words, and referring
the exercise OF the power within the states to
the assent OF the states, as the only course by
which any good was likely to grow out OF the
Fr'UOSitiuu. &c.
MIR. Mercer was opposed TO the amendment
II Congress had the right without the assent
OF The states, 1t certainly had il with that
assent ; and, as the assent of the states could
neither give nor impair any constitutional
right, he hoped the words would be retained
MIR. Ctay had no doubt that the consti.
| tuiion had invested Congress with this power
independently of any state authority but still.
though ne held this opinion, he did not consid.
er any thing Yielded by exercising it Hnder the
assent Of the states. 1t was similar to acts of
Cancellation between Deighbors where the
rights OF one party might be nnqnestonahle,
&c. cases OF which he supposed TO illustrate