Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-03-05
Eighteenth Congress
SPEECH OF MIR. RIvES. OFYA.
On the Bill for obtaining the accessory .Survev
on the subject Of Roads and Ct.nais.
INTfIEHOUaE or REPRESENTATIVES,


INTlIETIOUaE OF REPRESENTATIVES,
FEBRUARY 3, 1894.
MIR. Riyes said, the Importance of any
question can giveit claim 10 attention, none
is more worthy of profound consideration, than
the one now under discussion. 1t is, in the first
place, aqueston of constitutional right, ilvolv-
ing the true Interpretation of that instrument,
from which we derive orr existence as an indie
pendent member OF the government, and to
which we are bonnd, by the highest obligations
to conform our legislative Conduct. But this,
although the must important aspect which any
subject can assume, under limited constitution,
is not the only interest which belongs to the
present question. Its decision must have
pervasling influence upon the future policy of
the country. If that decision should be i'm favor
of the power contended for by the advocates of
the bill, it will become the foundation of sys-
ten OF legislation which cannot regard other
wise than as nauspcious to the liberties and dam
gerous to the best interests Of the nation. I'M
der these impressions, incompetent as am to do
justice to the subject, in any degree to match
the ability which has been SO conspicuously ex.
hbted in its discussion. l am yet urged by
sense of duty, to contribute the small mite of nv
humble excrtions in defence of what deem the
cause of the constitution, and the principles of
sound policy. ain aware, Mr.. Chairman, that
IN Investigations OF this sort, general rcasonng5
from the spirit of the constitution are not abso-
luteiy conclusive. The ultimate inquiry must
abe, what the trainers of the constitution have
. done, as evidenced by the instrument itself ra-
Their than whit they intendcd to do. But if we
can ascertain what was the leading intention by
which they were guided, in organizing the pow
ers of tue Government strong presumption n
rises that they hare done nothing inconsistent
with that intention. What, then, permit me to
ask, was the cardinal principle which directed
the convention lii the execution of their great
work. twas this: to transfer to the care of the
General Government those objects only in which
all the States have common interest, leaving
those III which the State, have separate and pc
Cuiiar interests TO be provided for by their own
domestic Governments; and this rule applies
alike to every species offeicral power, whether
it be enernot or municipal. In pursuance of
;this principle, the General Government was
charged with the question ofpeace or war, the
regulation of commerce, the conduct of nego-
cations, and the various other objects connected
with foreign relations. In these all the States
have but one interest, and that, enlphaticakly, a
national interest. So likewise, with regard to
that class of powers granted to Congress, which
operate internally, such as the powers to esta-
blish uniform laws on the subject OF bankruptcy,
to organize federal judiciary, to establish a
common standard of weights and measures, and
to regulate the national currency. All the
States stand precisely in the same relation to
these powers, and arc affected in the same man
ner, by the exercise of them, in their social and
civil transactions. But this is not, and cannot
be the case with internal improvements. They
affect Pt5ts, and not the hole, of the confedera-
D, cy. They are, from physical necessity, local
in their situation, and local in their influence
and their benefits. Take the most extended
object of internal improvement, the projected
road for exa Rple, from Maine TO New Orleans,
or, ifyou please, the navigation Of the waters of
the Mississippi, in which the honorable Speaker
has said twelve States and two territories are in
rested, still comprehensive and important, as
these schemes of improvement undoubtedly are
limited, In their advantages, to particular States,
and the rest of the Union has no interest in them.
They are, therefore, not such objects OF common
interests to all the States, as the constitution
intended to transfer to the General Govern
Inent.
But, here VIC are met by the argument Of the
honorable Speaker, that there's an intermediate
class of objects, affecting more than one State,
aud yet not extending to all the States, which
require the united means ola co1federacy to ex-
rcotc them, and the only conftderacy which
can now logitimatciy exist for such purpose
Is that OF the Union; because the constitution
prohibits one State from entering into compacts
or agreements with another State. The honora-
biz gentleman will excuse me for saying that
Nus argument Is iOIlnd2u on mistake OF the &C.
tui provision Of the constitution. The consti-
luton does not prohibit compacts between the
States, but merely restraints the States from en-
tefilS into such Compacts, toittou The consent
ofCougress. The consent Of Congress is re-
quired, as necessary check to the Union, or
da nycroaS to IFS peace aud safety; but, where
any number Of the States desire to enter into
ar angcments with each other, for the accom-
phi JlrneRt of some beneficial object, in which
they have common interest, it never could
ha 10 been supposed or intended, that the consent
ot Congress would be withheld. The States in
u III cases. still left at liberty to unite their
re- purces, by entering into compacts with each
Ct Yer, subject only TO the reasonable control of
CcGgrcss; and this privilege was no doubt re-
SCI we'd to them with express view to the very
ella IS of objects now in question, which concern
BY or moro members, of the confederacy. but
ye do not possess sICh character Of unioeysnL
.ra OnGl interest as to bring them within the le-
gill mate sphere of the government of the whole.
he honorable Speaker, in the course of his
9rgi tncnt, laid down a position, which ne seem
ed te consider entirely decisive of the present
qucs ion. Adyerting to the distinction between
the rticles of confederation and our present
const tuition, and Fcmarlsing that. under the for
Iner, the General Government, in its most inn
oraI functions, operated upon the States, and,
under the latter, that it acts directly upon the
Endiyi l1als who compose those States, he deduc-
ed, as general principle, that the Government
of the Union, as now organized, is wholly indie
penda .toft the States for the execution Of any