Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-01-24


states. There were but few powers of this
description placed in the general government !;
and, ON investigation, it would he found that
IN every individual case, there WAS special
nnisid'lal reason Tor the grant, which rem
u"reu u proper exception. Mr.. Barbour
here read extracts, in confirmation Of his
position, from The Frderalist," No. As
Now, said Mr.. b. if the principleI have
slated furnishes sound rule fur the intrrpre-
tat'on OF the Constitution, might not stop
here, and ask whether the subject of Internal
improvements is not characterised by every
thing which can hiring it within the class of
municipal powers Whether, in the Ian
guage of the book have JUS, quoted, the able
commentary of the authors of the C0nstitu-
ton themselves, 1t is not II system of mea-
sures To promote internal order, improvement,
and prosperity" Now the municipal powers
granted to the general government, being so
many exceptions 10 the general principle, are
all distinctly enumerated. The enumeration,
therefore, limits the extent OF such pow ers in
that government il has the powers enume-
rated, and IT has no more. Whence will the
gentlemen opposed to me get other municipal
powers ? Will they attempt TO find them
under that part of the Constitution which has
been said tn be nothing more than rule which
would have resulted of course, and which
might have been omitted, since what it con-
tans is Il necessary Inference from what went
before IL, viz: To make all laws which shall
b. necessary and proper for Carrying into cx-
ecution the foregoing powers, and all other
powers vested by this constitution in the go
vernment of the United States, Or in any de-
partment or officer thereof? Surely, as the
states intended To give the general govern
ment only few specific municipal powers, il
Is not competent for that government TO as
sumo other municipal powers as incidents 10
federal powers This would he TO extend tn.
grant OF specific municipal powers, by claim
ing them>as incidents 10 another class, and
may br so tar extended, as totally 10 over
throw the partition which that instrument has
80 assiduously erected between the general
AID the state go, ernmrnts.
He would now proceed To an examination
OF the constitution ITSELF in reference To the
power liz question. Ii was worthy of inquiry,
however, first 10 look at the great diversity
OF opinion among those who profpssed TO de-
live the power of making internal improve
menls from the constitution. Some thought
II might be done tcth the consent of the
states concerned Others iUithout that consent;
some drew 1t from one part of the constitu
uon, some from another some maintain that
Congress has the power without the section
which authorizes them 10 collect taxes, &C.
others, that it has not. All these various class
es OF advocates, however diverse or incom-
paiiblr their various opinions might be, were,
he did not doubt, as sincere in holding and
IN expressing them, as he himself was in the
views he took on the subject He should
think II needless TO occupy much time, 10
phwe that, If Congress possessed the power
at all, they needed not the assent of the states,
through which the improvements were 10
pass, though the assent had been asked, as to
the Cumberland Road. For, whatever now
ers the Constitution had given them, they
may not only exercise 10i'hom the assent of
the states, but against their will, within con-
stuutiOnal limits. Take, for example, the
power of taxation; and so Of their other pow
ers. III assent is to be procured, it implies,
that II cannot be dune without such assent !;
but, If the assent give the authority, il follows
that, by the assent of few States, a new pow
or may be impaired whereas, Ia. get "A new
power, requires an amendment Of the const-
iuiion, which, can only be done IN the manner
prescribed by that instrument. There are,
indeed, a few cases, in which the constitution
requires the assent Ofthe States, such as The
purchase of sites for forts, arsenas, &c. but
the very requisition of assent in :hrse cases.
utterly excludes the idea Gifts necessity in any
others.
If no consent is required from the states, il
must be because the power is granted by the
constitution. Is it granted ? asked Mr.. b.
cannot find such word in any part Of that
instrument, rs power 10 make canals. He
here read extracts from the report of the Grsi
secretary of the Treasury, (Gen. Hamilton, u
IN which he contehded, that that statesman do
not pretend to claim such power as belong
ing To the General Government. He was, in
that report, opposing the force of the argu-
inents OF the then Secretary Of State, MIR.
Jefferson,) in respect To the incorporation of
the Bank of the U. States, but, though sire
nuOus in his opposition, he had admitted
So that special power TO incorporate, for the
purpose OF opening canals, would have been
necessary, except with regard to the Western
territory there being nothing, in any part of
the constitution, respecting the regulation of
canals" II is not pretended that the power
to make roads aud canals, is positive power
granted by the constitution it IS supposed.
however, TO be implied, IN some Of those ex-
pressly enumerated From which of these is
it sought To he derived Some say. from
that clause which gives 10 Congress " power
to regulate commerce with foreign nations
and among the se,e ral states" For himself.
il had always been his opinion, that this grant
extended no farther than to the prescribing
the terms on which this commerce shall b,
conducted. He bad derived this 0pininn g.
qually from the history and geographical po
sltiOn Of the u. States. The slightest glance
at map Of the Union is sufficient To shew,
that, in respect to cOmni"rcial advantages
some Of the STATES are Ear better situated than
others; and this power was given to prevent
undue advantage being taken of those states
which were less ravOrahly situated, by the
laying Ofexactions on the passage Of their pro-
ducts to market, &c. ION which part oflhe
subject, he read q quotation from one Of tn,
numbers Of " The Federalist."l Here, he