Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-03-05

gresS the power to nuke post roads, why was not
that power granted in terms which every person
would have understood, and about which there
could be no controversy? Was the poverty of
the language so great, or were the trainers of
the constitution SO deficient in there knowledge
it, as to have supplied no word fitted to con-
yey the idea? When we speak of the erection
OF a house, we do not say that such an one has
established 4 house but that he has built it. Fit
had been intcnded to give t. Congress the pow
or now claimed rit, why did not the trainers of
the constitution say, in so many words, that Con-
gress shall have power to make and construct
post roadse These words were at hand, and
were well adapted to the purpose of conveying
such power. That they, or other words of
plainly equivalent meaning, were not used, is
evidence that the power they import was no; nl-
tended to be given.
1t was not necessary to the nature and object
Of this grant that Congress should possess the
power to make, post roads. The object of the
grant was the conveyance of the mail, and the
transmission of intelligence through the country.
II never could have been contemplated chat in.
telligence should he transmitted to an unsettled
country, where there were no persons to receive
!t.-But, as soon as country becomes settled,
roads necessarily exist. The great interests of
society, the operations of commerce, and the
convenience of private intercourse, necessarily
give rise to them and as the population and
demands for intelligence increase, the facilities
Of communication increase also. The same
roads which answer the ordinary purposes of So
ciety, would certainly suffice for the simple OBJ
jcct of transporting the mail. 1t never could
have been intended, in reference to such an OBJ
ject, to confer upon Congress the disproportion-
ate power of opening and constructing roads
through the territories of the states. Whether
therefore, look to the language of the consti-
ton. or 10 the policy of its provisions, in relation
to this subject, | alike constrained to dis
card the construction which claims for Con-
gress the power IN question, under the clause
we have been considering.
| The next source which the advocates of the
bill have appealed to for the authority to exc
cute system of internal improvements, is, the
military power OF thcgOvcrnIncnt. The autho-
rity claimed under this part of the constitution
extends to canals well as roads, 1t is not
however, like the authority asserted in relation
to post roads, claimed as an express po,cer, but
only as an incidental power, or means of carry
ing another power into effect. The first inqui-
ry which presents ITSELF therefore is, as to the
| true nature and extent of incidental powers. 1t
must never be forgotten that this government is
one of Limited and defined powers. However
| ready gentlemen are to admit this proposition
when their assent is distinctly challenged to it,
they seem habitually to lose sight of it in their
the powers granted to the government are e.
n'ane,utei i'll the constitution; but, as it was i'm
possible to foresee every individual act of iegis-
aation which might become necessary to carry
these powers into effect, Congress is in general
AUTHORISED to do any act which shall be "neces-
su'y and proper" for carrying the granted pow
ers into execution, but none other. five de-
part from this limit, we at once change the cha
racter OF the government, as possessing special
lnGr
| OF general discretionary authority. Whenever
any measure is proposed, therefore, the first
question to be asked is, Is the authority to adopt
| 1T expressly granted in the constitutions? If it be
not, the next question is, Is it necessary and
proper means OF carrying into execution any
power which is expressly granted 1t is not
prete !ded that the authority to make roads and
canal for military purposes is expressly granted
to Congress. 1t IS, then, necessary and pro-
per means for carrying into execution the mill
tary powers which are granted? Twill not de-
ny that the roads and canals are useful, or if you
please, necessary, to the military operations of
the government. But this is not the true ques-
ton. The real point Of inquiry is, IS it neces-
| sary to the military operations of the govern
| Tnent that Congress should possess the power to
make them9 Roads and canals would exist
from the influence of otter causes, without in
voking the agency of Congress. They are, as
already suggested, the natural and mvariable
accompaniment of population, in every coun-
try. The wants and enterprise of individuals,
the common interests of society, and the ,9ater-
nal care Of the State governments which arc
more particularly charged with the domestic
police of the country, would bring them into ex-
| istencc. The same causes would ensure their
| multiplication and improvement. As the coun-
try improved in wealth and population, the
| means OF communication would improve with it.
| The members of the Convention, as men or1i-
naJ1iy Conyersant, at least, with human affairs.
must have foresecn this natural course of things,
and coull not have deemed it necessary to give
20 Congress the power of creating channels of
| communication, which would certainly grow out
| OF the wants of society and the beneficent SUI
| perntendence of the State governments. All
That was necessary, was TO give to the general
government the right of using these highways in
| prosecuting its military and other lawful opc-
ratlons and this right is conceded to it in the full
| lest extent. Will any gentleman deny that food
| Ind clothing are as necessary for the soldier as
| roads for hin, to march uron2 And yet, it will
not he contended that Congress has authority
to condemn and occupy large portions of the ter
7itory of the States fo- ferns to produce the one
| or factories TO supply the other. Why? Be-
| cause the natural wants of society furnish the
p2st security thatthese article will be produced,
| and render it unnecessary to invest the govern
nent with any authority for the purpose. But
1t is sail that, in the defence of the country, and
| the military operations connected with it, other
| md better channels of communication would be
| required than those already existing under the
authority of the States. Let us pause, and see
to what extent tEis idea would carry us. We
| have an extensive frontier, and are exposed to
| stack ON every side Of If. On tho atlantic