Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-02-06
Eighteenth Congress.
Debate on Lafernal Improvement.
HOUSE OF REPRESENTATIVES,.
Fanny. January 16


be made on the subject of Roads and Canals.
being under consideration
Mr. CLAY, lSpcalkcr) liz rising, said, that he
~could not enter on the discussion of the subject
tbetore him, without first asking leave to express
his, thsalls for the kindness of the COMMITTEES
an 50 far accommodating him rs to agree unan-
s'nously to adjourn its sitting to the present
time, in orler to afford him the opportunity of
exhibiting his views; which, however, he feared
Inc should do very unacceptably. As requital
for this Kindness, he would endeavor, as far as
was practicable, to abbrcviate what lo had to
prcsen. to their consideration. Yet, on ques-
ton or this extent and moment, here were so
many topics which demand a deliberate exam
nation, TIT, from the nature of the case, il
would be impossible, he was afraid, t., reduce
the argument to any thing that the committee
would consider reasonable compass
1T Was known to all who heard him, that there
ha! nov existed for several years difference
olopinion between the Executive and Legisla-
tive branches of this government, as t. the ma
turc and extent of certain powers conferred IN
on 1t by the Constitution. Two successive
Presidents had returned TO Congress bills which
had previously passed both Houses of that BODY.
with communication Of the opinion that Con-
gress, under the constitution, possessed no now
er to enact such laws. High respect, personal
and official, must be felt by all, as it was due to
those distinguished officers, and to their opinions
thus solcnniy announced; and the most pro-
found consideration belonged to our present
Chief Magistrate, who had favored that House
with a written argument, of great length and
labor, consisting ofnot loss titan sixty or seventy
pages. in support of his exposition of the con-
shtution. From the magnitude of the interests
involved IN the question, all would readily con-
CUR, that, II the power is granted and does really
exist, it ought to be indicated, upheld, mains
tanned, that the country might derive the great
benefits which may flow from its prud emit exer-
else. iii has not been communicate to Con-
grcss, then all claim to it should be, at once
surrendered ltwas a circumstance ofpeculiar
regret to him, that one more competaat than
himself had not risen to support the course
which the Legislative department had heretofore
felt itself bound to pursue on this great question,
Ofall the trusts which are created by human a.
gency, that is the highest most solemn, and
most responsible, which involves the exercise of
political power. Exerted when.it has not been
Entrusted, the public functionary is guilty of
usnrpation. And his nfdelty to the public
good Is not, perhaps, less culpabIe when ne
negiects or refuses TO exercise power which
has been fairly conveyed, to promote the public
prosperity. If the power which he thus forbears
to exercise, can only be exerted by him-if no
other public functionary can employ it, and the
public good requires its exercise, his treachery
is greatly aggravated. 1t is only in those cases
where the object of the investment of power is
the personal ease or aggrandizcment of the
public agent, that his forbearance to use it is
praiscworthy, gracious, or magnanimous
lie was extremely happy to find, that, on
many of the points of the argument of the hon
orabie gentleman from Va. Mr.. Barbour) there
was entire concurrence between them, widely
as they differed in their ultimate conclusions. -
fls,t (ocs,x 49, =
gentleman obliged the House with an expression
OF his opinions) he displayed great ability and
ingenuity and, as well from the matter as from
the respectful manner of his argument, it was
deserving of the most thorough consideration
lie was compelled to differ from that gentleman
ut the very threshold. He had commenced by
laying down as general principle, that, in the
distribution of powers among our Federal and
state governments, those which were of a NUM-
,cipal character were to be considered as apper-
thinning to the state governments, and those
winch related to external affairs, to the general
government. Ifhe might be allowed to throw
the argument of the gentleman into the form of
asyilogism, Ia shape which he presumed would
be quite agreeable to hin) it amounted TO this :;
Municipal powers belong exclusively to the
state governments; but the power to make in
fernal improvements Is municipal; therefore it
belongs to the state governments alone He
Mr.. c. denied both the premises and the con-
ciuson- II the gentleman had affirmed that
certain municipal powers, and the great mass OF
them, belong to the state governments, his pro-
position would have been incoatrovertible, But
If he bad so qualifiedit it would not have assis-
ted the gentleman at all in his conclusion. But
surely the power of taxation--fhe power to re-
gulatc toe value ofcoin--the power to extablisb
an uniform standard of weights and measures
70 establish post Offices and post roads-to regu-
tate commerce among the several states---that
gu relation to the udieiary---besides many other
powers indisputably belonging to the federal re-
veu1ment, are strictly municipal. IF, as he I'M
dcrStood the gentlemanin the course of the sub
sequent part of his argument to admit, some nu-
nicipal powers belong to the one system, and
some to the other, we shall derive very little aid
from the genGeman's principle, in making the
discrimination between the two. The question
must ever remain open--whetllcr any given
power, and ofcourse that in question, is or Is not
delegated to this government or retained by the
states.
The conclusion of the gentleman is, that all
internal improvements belong to the state go
vcrnments; that they are of limited and local
character, and are not comprehcnded within the
scope fthe federal powers, which relate to the
external or general objects. That many, per-
haps most internal improvements, partako oftbo
character described by the gentleman, he (Mr.
CT should not deny. But it was no less tr,e
that there were others, enphatically national.
which neither the policy nor the power, nor tbe,
intcrca, of any state would induce IL to a,eorn-