Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-03-19

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SPEECH OF MR. ALEX. SMYTH OF VA.
OsMe Bill Jo, obtaining tie necessary Surreys
on the subject Of Roads aud Ca,.als. Z.
in THEHOUSE OFREpREsENTATtyE
FEDRuARY 5, 1924.
Mr. Alexander Smyth, having taken the floor,
said, ne dee ned the question one of great impor-
Sance as it went to fix the meaning OF the Con,
stltution Nothing, said he, tends more to the
security OF liberty, than the certainty of the
laws; and, OF all laws, the most important are
fhe fundamental laws of a nation which should.
siercforc, be Gxei and certain. This is the
great adgantage resulting to nation. from hay--
1as awistten constitution. A constitution is
law to those who govern. If its meaning is I'M
settled and ncertain, it is detective AM useless
They who have no certain law, are iii the same
situation as If they had no law: g. they who 60
ycrn, and are. bonn1 by no law, are despots.
Let us enlnirc, said Mr.. S. whether there
are'any prcceients which ought to weigh with
us ia decliing this Question:. At.the session of
toacertain extent, jurisdiction to make internal
perhaps, by the consent of the
0tate 1t passed at a late period of the session,
without n fili and deliberate discussion, 81 was
presenter to the President, Madison SO late that
ne had not half an hour to devote to its consi-
ueration. lie rejected it, OH the ground that
Congress did not possess the power assumed.
The passage of that bill, by both Houses of Con-
gress, under such circumstances, forms no pre-
ceient worthy Of regard At the next session.
OF Congress, this question was debated during
eight days, and tile honorable Speaker, MIR.
Nlay) was among those who, with great ability,
maintained the power of Congress to make IN
ternal improvements; when resolutions, de-
ciaring that Congress has power to construct post
roads aud military roads, and to construct roads
d'a caaAs necessary for commerce bet,ceera the
os1tes, and TO construct canals for military
purposes, were SEVERAL rejected and it was thus
decided, by the House of Representatives, that
congress have not power to make internal inn
provements. Tins decision, as it was against
the assumption of this power by Congress, ought
TO have been allowed to stand, as fixing the
meaning of the Constitution, in this respect. But
IN the session of 1872, bill passed both hou-
ses, on very little debate authorizing the setting
up OF turnpike gates on the Cumberland Road !;
1t was rejected by Inc President, as assuming
powers which Congress did not possess, and re-
turned with his objections and, aftermatureIy
considering those objections, this House, by a
majority of72 to So, rejected the bill.
The honorable Speaker Mr.. Clay) has spe-
Ken OF a difference of opinion which, he says,
mas stedbetween Congress AMI the Presidents
as to the extent of powers conferredupon the go
vernnent by the Constitution. But no such diff.
terence OF opinion had existed between the Pre-
sldent and the House of Representatives, since
The accession of the present Chief Magistrate.
The refusal of the House, in 1922, to strike out
the enacng clause of the bill for setting up gates
on the Cumberland road, or even the passage of
inc oiii is not such an evidence of the opinion
OF the House as the final vote, on hearing and
weighing the objections ofthe President. Thus.
the weight of precedents seems to be in favor of
those who oppose this bill.
are there any opinions which, in deciding this
question, we ought to respect We have seen
that two Presidents Mr. Madison and Mr. Mon
roc, have each of them put his veto on a bill as
sumin3 power, in this government to make in
tcrnal improvements. Those gentlemen were,
each OF them, members of the General Conven-
ton who, IN 1887, formed the Constitution,
ana OF that Convention in Virginia, in 1885, who
eiopted 1t. They knew the intention of those
who formed the Constitution, and of those who
adopted It. La constituting any instrument, it
ought 10 be understood as those who entered
tnto 1t understood ii. No gentleman, deciding
Judicialiy on contract, would interpret it any
otherwise. With the most perfect knowledge
0f what the trainers of the Constitution infeu-
del, str. Madison and Mr.. Monroe ha % oai.i-
ally declared, that the powers now claimed for
congress were not granted. The opinions of
MIR. Jefferson and MIR. Gallatin* have been de-
clarcd to the same effect. Ifany names should
be OF authority sufficient to decide this question,
these are.
By the construction of the Constitution now
contended for by our opponents, all the specif-
cations contained therein are useless. The
power to declare war, aouc, would, according
TO their mode of constituting the instrument, car
ry after ii all the other granted powers, and e.
very other power thai Congress should think fit
to exercise. For every power the exercise of
which shorld have tendency to make nation
powerful, might be claimed as ttfciiitat,ng and,
therefore, incidental to the power of making
war. This construction would give to the gen
erai government every power, except such as
arc expressly prohibited. 1t assumes that the
exercise, are not those included in the general
powers but that they are all such as viii, in
any way, facilitate the exercise of the granted
powers. Then, Congress may regulate des-
cents and marriages, with view to make the
nation powerful, as incidental TO the power to
declare war. This mode ofcopstruing the Con-
stitution is the same by which thealien aud sed-
ton acts were justified and it would equally
justify any usurpaton which majority might
determine upon. Let us hear the arguments
by which; in 1893, the alien and sedition acts
were justified. In a report then made to the
House of Representatives, we find that the sup
porters of those measures said, that The right
OF removing aliens, as an incident to the power
OF war and peace, according to the theory Of the