Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-03-02

"'" IN, 'hdt, " that gentleman had trusted less
10 political distractions and technical distinc-
""ns about the different species ofpower, and
Consulted lhe gpod sense for which he !, so
distinguished, ile would have been conducted
10 very different conclusions He had given
an extent g Specification TO the word reeu-
'a'e, winch was justified neither by the i'm
port oi the word itself, by the history of the
constitution, nor 10y other parts Of that insiru-
Inent. Mr. Il. said he would call the atten-
'ion of the gentleman from Delaware. To a
eiause That had not hren adverted to in de-
pate, and would appeal to his candor. whether
IL did not present serious difficulty to his
constructions of the Constitution. That gem
ueman derives the right to make roads, from
me right 10 regulate the internal commerce
between the states, by land as well as Inv wa
Ter hut clause in the 9th section of the Is,
a."cie' prohibits Congress from making any
DISCRIMINATION IN favor of the ports of oue
state, over those of another And il is fair In
presume. that they might have given snch
preference, but for the prohibition. Now. il
tue gentleman from Delaware is right. that
we nave the right of regulating internal com
n,erce between the states, it follows, that
congress may make unjust discrimination in
'"e interior oil the country, which they are
restrained from making at the ports. There
can De no reason for this distinction The
''"'cs 'heant Ia secure tn themselves perfect
equality, on this delicate and important sub-
Ject. But, tn what purpose forbid discrimi
na'Ions AT the ports, If il could be made on
roads and canals ? The only answer that can
DC gwen, rs, that the commerce on the lat
Ter was never contemplated, and the coastirg
trade was all that il was intended nv the trad
between ,t me STATES The gentleman from
Deiaware also said, that If Congress, under its
express power To regulate commerce among
the states, had not also the power Ia facil,ta, g
", by making roads and canals, it would he in
the power OF any state 10 obstruct the trade
netween other states, which passed through
u out there was sufficient protection agains,
inns mischief, In that clause ofthe Constitution
"nlcil secures To the citizens of one stale The
privileges OF every other, taken along with that
regard which every state may be expected To
have to its interests. The evil was too remote
ana improbable, tn have made the power con-
'ehueu Tor, necessary, or To furnish any argu-
ment for lis existence.
As to the power of Congress IN make war.
l" ralse ana support armies, Mr.. T. said ne
couid not see how that could be made To give
the power TO adopt system of Internal In
provement. Ii is true, il may he occasionally
necessary To make road or canal to fort ar
an arsenal but IN this case, the road or canal
is mere appeudage to the military work II
Is, In fact, a part Of the work itself. Yet
'hat circumstance can no more give power
10 make roads or canals on er the whole Union.
than To extend any other operation which the
government may find it convenient to carry
an, within the limits of their exclusive iuris.
uiction Such power cannot be necessary
10 the exercise ofthe military power, as we
nave raised and supported armies in two wars.
without making roads and canals nor has
nat r. =
OF tins power, though il is individually possess
ed essential Ia its military operations. except
IN the way that it has been exercised here
during the temporary exigencies of war.
But, Mr. Chairman. said Mr.. II. five had
ms power, there seem 10 me to be strong
reasons why we should not exercise it. And
would ask the further patience of the Com
mlttee, while offer some objections TO the
bill which seem to me to deserve their serious
consideration. 1t is very clear, that. if we
engage IN general system of internal inn
Proyement, il will bring with it an extensive
exercise of internal legislation Large sums
OF money must he drawn from the people, and
be- again expended in The construction al
ROADS and canals. Ii must take good deal
h'so' 70 Keep them IN repair, as every rain
.iat Ia"s, ana every frost, does them more or
Tess oiIfJury. The construction and supsrin
long traln-of oilicers-iur il is conceded that
The United States are, themselves. to constrnc,
roads and canals, and not bv the agency nj
Incorporated companies-and yon can act on
~ ny means Of Delegated power. There mus,
also be new tribunals erected To enforce the
numerous contracts which the system implies
ana 10 punish the Injuries 10 which the work {
VIII be exposed, as the State Courts refuse tc
exercise jurisdict ion.under your Laws. All thi,
apparatus must occasion prodigious acces.
SION fo the power aud influence of the Gen.
erai G"vrramrnt, and especially to the Ex.c.
utive branch oft. Mr.. Chairman, our system
Of government is admirably adapted 10 our
circumstances. No other could secure the
dressings "f civil liberty 10 so extensive a fer.
ntory,wiih such diversified Interests. But il
Is eVIdeni That IFS prrser, atinn depends upon
some very delicate circumstances, " hich are
necessary To maintain the just equilibrium
betwesn tie power OF tie General Govern
meni and that of The States II is a problem
yet TO he solved, to which nf The two opp
site dangers, of consolidation and disunnn. w,
are most exposed. | know that some If the
most patriotic and lar-sighied men in tie ma
ton have differed on This question. In form
lnS oar opinion Oh II, we can draw no tights
from history, and have TO rely solely on
CIR own powers of reflection and sagaciiy-
ut w'rdc'rr may have been the relative
strength 0f The two powers At the adoption nt
the Constitution. there is an obs iOus cause fog
the continual increase in the power of the
Geneial Government To be- found in the mul.
DUPLICATION of the states As the number al
these increases, the relative weight of each
proportlunany diuinishrs. Thus Virginia,
when the General Government frst went into
operation, WAS about nne-sixih Of the Union.
NOW she * not more fhnn one-ieDih. Virgin
~ and Maryland together have not more rel
alive weight tIian Virgil ia had alone But il
IS clear that the same 20 scr, divided between
two STATES, cannot act with the same effect as
L. a L. IL.