Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-03-06

IL has been triumphantly asked, If Congress-
can erect forts and dock yards, may they not
make roads to go into them ? Unauestiuna-
oiy' the right to erect these works, necessa-
rIIy implies the right of way, by which com
,nunication IS to be- had with them. Ifthers,
DE no road leading TO them, the goyernmept
may render IFS right of way effectual, hy d.
pen'ns a road for the purpose Of cov,mun-
cation. But what is the road, i'm this cas-.
II is strictly an appurtenance TO the fort or
dock yard, and IS confined to the purpose of
communication with it. 1t is Thing wholly
u's'inct from system of internal improve
ments, having no actual connection with ;nv
m''ltary work, nor bearing any peculiar and
| appropriate relation To military operations
There can he no doubt that the. General Co.
vernment has right of passage through the
territory OF the states for any of its lawful
P"Poses' ana u may, therefore, iu time of
war, open military road, when il is hccessa-
ry 10 ihe accomplishment of any particular
military movement. In such a case, i, has a
risht 10 passage; and there eau be no pas
sage without road. But the road ia then
fnaue' ana used, pro hac Uice only, and ~ soon
as the passage Id effected, all property in, or
jurisdiction over il, ceases and dies. The
right strictly commences, and terminates with
the occasior of its exercise. This case there
'ore, alords no contenance To the claim of a
Seherai power To execute and maintain a per-
'hanent system OF internal improvements, in
reference to future and remote contingencies
when may never occur. In the view which
- nave taken of this subject, | have not found
material TO inquire into the right which has
oeen 'claiined Tor the general government of
posse ssing itself Of the sol Of the states, when
u Is necessary To the execution Of any of its
powers II is admitted by all that il cannot
40 90, except IN cases where il is necessary TO
the execution Of some fits powers. In each
particular case, therefore, the quesi.n recurs.
~ 'he proposed occupation Of the soil of the
STATES necessary to the execution of any os
the poweis Of The government; NV oi;ect
mas been, to shew that the occupatior az II
LOT me purpose making roads and canals, is
not necessary to the execution of The military
power ofLne government, and c;nlnot br his
tiied by any sound doctrines of CONSTITUTIONS
law.
The onfy remaining ground, worthy of par-
licuiar consideration, upon which the author
y VI inns government in make roads and ca
""S mas oeen asserted, Is that portion of the
constitution which gives 10 Congress the DOW
er " To regulate commerce among the severn,
states" The hon. gentleman from Delnyare
lnIf. nicLane, seemed 10 treat this as a cues
non oi incidental power, but il is strictly and
eSciu9Iftiy quesiin Of express power. Th.
whole controversy depends upon The. true i'm
port of the word Regulate" Ito "rson-
late" inears 10 prom ute" Or to facilitate -
men me power To mil roads and canals. "a
an ordinary and nai,ii ri mode of faciliiatino
VI promoting commen Z, seems To be CLEARLY
compieheDded in the terms of the grant n
however, 10 rrgulalr oceans to maxi rulss =.
u certainly does, in The plain and common
use oi Inc word, then IT gives 10 Congress nd
"'"eF power Than ihat OF making the rules. M
prescribing me Terms, upon which colnm.rco
among The states shat be conducted-,h.t; -
the power OF making commercial reg,,la,;ons
as applicable In the reciprocal trade of H.
states Bat would any person call roads and
canHis commercial reg ulations? The whole
question: men, might be safely left 10 an I'm.
s So cnmmon sense Interpretation OF
'he language of the constitution but. IA ,l.s
argument of the genteman from DeIa,v,r,.
was certainly an original and ingenious one.
peg leave To anaysr and examine n NOR
particularly. The outline of the a current Vac
'hls that the great object Of grants, q 10 Con-
grPss me power Of regulating commerce a.
m"ng The states was not, as hal been snnn,s.
co. 10 prevent one state from ,aying bur,6ens
on the productions of anOihfr state. uass;nr
'hroagh lis Jnrlsd'cflOn, THAT object being ado.
qu"teiy provided Tor by another clause of the
constitution ont 10 prevent greater mischief,
absolute prohibitions Of he passage. which
u thry should occur, il would be r1nn.t.n,
lot Congress, under this power, To remove
'hat' " Congress can remove legal restra;nts
upon The trade of the states, il can ren,o,a
physical distractions; ard, if il can reme,vc
physical ObstIucilOns 10 the trade eftbe st,,tas
u can create new channels for it. Houfyer
nicely cOncatenated this chain of deduct ;,ms
seems 10 be, ] shall endeav0r 10 sbeyy tb.,
s"1r"i us INKS are too fpebiy cODneci ed IN
~, me conciusion which depends upon il.
ms FRET
power to regulate commerce amog,r Tho
States was not si, EN- to Congress TO ppevsnt
one stateirom imposing duties on the produc-
uOns oi another, passing through lis iurisd;c
Hon' because, VI this were the only Object. tb.
power would be nugatory, another clansp rs
me constitution having expressly restrained
the states rom laying duties on irnporis mr.
exports In relation To this position, | will an
" remark, That the hon. gentleman seems to
nave mistaken 'he purpose for " hich the mas
sage IN The Fedrrallst upon this subject was
read ny my able colleague tP. p. Barbour
who opened this discussion. That p,rnns,
WAS not 10 slew, nor does the authuriiv ritcd
import, tia the only object OF the powcrip
GnFsiIon, vas To prevent the statps from i'm
posing duties on the productions ofeach nthpr
passing Through their respective jurisdictions.
~ was M niIOned merely as one oGthp objects
of the power. A farther object. undoubfedlv
was; as 'ne gentleman himself has SATISFACTORY
W shtwn' 10 prevent arbitrary interruptions
oi the Trade Of the states, arising from acis
OF pOsH'Ne prohibition, and other similar inn
pedImehls' But the gentleman is not satisfied
even WIN this extension Of the power. He
says that power Of such apparent magni-
tude could not have heen intended In be pas
sive--a monument Of its Own insigni6cance-
and that, il it extends 10 rrmoving no other
obstacles than such .. may be interposed Ivy