Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-09-11

Tor post-house, without any states having right 10
forbid it-and this power, itself ofgreat ph and
ellect.-Bu when the Intcicencer goes further. and
claims the right of soil, then il is incumbent upon il "a
snow that tins new power is either gioca or that
means necessary to some other which is given
10 compare this with the case of "estoSpistiar an
uniform rule of naturalization and uniform laws ON
The subject of bankruptcies ;; is out of the question
In ho' we admit the constitution gives an absolute
power TO Congress but these powers are SO distinct
as not TO admit of a comparison
bniwhy narrow the question in this way WIN
mi the discussion of the power to post-roads or 10
n''s''ary roads Ii is easy moot some questions mn,
der such constitution possess, wherein il NAV
DC somewhat difficult 10 distinguish between powers
given end reserved. In n few cases.. tbev mch into
each other like the hues Of the rainbow YOU cannot
exactly say where the one begins, and the other ends
Suppose such even TO DC the character of the las,
cases which the ln;elgcncer has cited--(we saw.
suppose for arguments sake we were to admit these
cases TO DC OF that description, though in point of fact
we deny them to be so)-yet do these eases present
Inc broad ground which the Intelgenccr really and
originally took Far from lit was not mere post
OF m''""y road 10 which that paper con Red itself
g We have always inclined TO the opinion that the
congress possesses the power make roads and cccls
at II possesses the power TO appropriate money for
the purpose ofmaking thcm we have never doubted
Does the L. then by this one "swceping clause" as
sert the right of congress establish general system
oil roads and canals-such wasproposed in congress
IN 1916 and II : And what else can its remark a
bout Mr. Monroe's sentiments on this subject pur
port
Iii does mean to embrace this broad system then it
IS called upon TO point Whence il derives this now
er! Inc Republicans Of 90 used TO lay down two
tests Tor trying the existence of any power in the IT,
States Is the power oppressed in the constitution
TT be- the question is decided II il be not express
cd, the next enquiry must be, whether it is properly
an c'dent to an express power, and necessary TO its
execution. Has the L. q remembered to forget,
these principles IL not then ask it, to put its fin
ger upon the clause which expressly gives it or by
necessary implication
What clause sanctions this interference with the DO
lice of the states
Which authorizes Congress to take away their soil
by writ of I'd Quod damnmn and TO put down. ut
their discretion, the roads and canals of the states
Perhaps also " call out the miiiir" to dig the ca
mails and turnpike the roads of the general govern
ment?
IL.
may subject ourselves to the nickname of .Neo Lirh,s
but we help it. Sure we are. tina, in this res
pect Jefferson, Madison, and Monroe are also La
BILE TO the same imputaton. For instance
From Mr.. Je9ersoas Message Of Dec. Q, laOG.
"The question therefore now comes forward
to what other objects shall the surplusses be
appropriated and the whole surplus of impost
alter the entire discharge of the public debt
OF war shall not call for them ? Shall we sup
press the impost and give that advantage TO fn-
reign over domestic manufactures? ?. On n few
articles OF more general and necessary
use the suppression in due season will
doubtless be right ; but the great mass OF the
articles on which impost is paid are foreign
luXHres purchased by those only who are rich
enough TO afford themselves the use of them.
Their patriotism would certainly prefer its
continuance and application to the great pur-
poses of the public educaton, roads, rivers. ca
mails, and other such objects of public improve
ment as it may be thought proper to add to the
constitutional enumeration of federal pow
ers suppose an amendment TO the con-
stituuon by consent of the states necessary :
because the objects now recommended are
not among those enumerated in the consti,tl-
ton and to which itperlnits the public mo-
neys TO be applied"
From Mr.. !fadisOnS Message Of March 3, 1917
returning The act to set apart and pledge certain, funds
for internal improvements -
j." ann constrained, by the insuperable diff
Guilty feelin reconciling the bill with the Con-
stltutlon of the United States to return if, with
that objection to the House ofRepresentatiyes
In which it originated
Inc legislative powers vested in Congress:
are specified and enumerated in the 9Th sec
ton of the first article of the Constitution
and 1t does not appear that the power, pro.
posed to be exercised by the bill, is among the
enumerated powers or that it falls. bv any
Just interpretation, within the power TO make
laws necessary and proper, for CARRYING into
execution those or other powers vested by
the Constitution in the Government of the II
States
am not unaware of the greatimportanceo
roads and canals, and the improved navigation
oil water courses and that power in the ma.
uonal legislature to provide for them might
be exercised with signal advantage to the ge
neral prosperity.-But, seeing that such ;
power is not expressly given by the constitu
| ton and believing that il cannot be deducet
from any part of it, without an nadnissib,
latitude of construction, and a reliance ON in
sufficient precedents believing, also. that fin
permanent success of the constitution DEPEND
on definite partition of powers between, tn
| general and the state governments, and tina
no adequate land marks would be left. by TN
constructive extension of the powers of Con
Sress, as proposed in the bill, have no optio
but to withhold my signature from it che
rlshinS the hope, that its beneficial object
may be attained, by resort for the necessar
powers, TO the same wisdom and virtue in IN
nation, which established the constitution
It's actual form, and providently marked on
IN the Instrument itself, a safe and practicabl
mode of improving it, as experience might SUI
gest."