Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-02-06

powers, Congress has power &c to establish an
uniform rule of Naturalization &c. In the
preamble, We, the people ofthe United States,
IN order to form more perfect union, establish
justice, &c. do ordain and establish this Consti-
tution,n sc. What pre-existine code of Justice
was adopted Did not the people of the United
states, IN this high, sovereign act, contemplate
the construction OF a code adapted to their fede-
raj condition? The sense of the word as con-
tended for, was seifevident when applied to the
constitution. s 4
Bullet us look at the nature, object, and pur-
poses of the power. The trust confidcd to Con-
gress was one of the most beneficial character.
1t was the diffusion Conformation among all the
parts ofthis Republic. 1t was the transmission
and conclusion of intelligence; it was to COM
municate knowledge ofthe laws and acts of 90
yernment; and to promote the great business OF
society in all its relations. This was a great
| trust, capable of being executed in highly sa-
lutary manner. 1t could be executed only by
Congress, and it should be as well performed as
1t could be, considering the wants and exigen-
cles OF government. And here beg leave to
advert to the principle which I sometime ago
lad down, that the powers granted to this gov
ernment are to be carried into execution by its
own inherent force and energy, without neces-
sary dependence upon the state governments.
Ii my construction secures this object; and il
that OF my opponents places the execution of
this trust at the pleasure and mercy of the state
governments, we must reject theirs and assume
nine. But the construction of the President
does make it so dependent. He contends that
we can Only use as post roads those which the
states shall have previously established; that
they are at liberty to after, to change, and of
course to shut them up at pleasure. 1t results
from this view of the President that any of the
great mail routes now existing, that, for exam
pie, from South to North, may be closed at
pleasure or by caprice, by any one of the states
or Its authorities through which it passes, By that
OF Delaware or any other. Is it possible that
the construction of the constitution can be
correct, which allows a law of the United
States, enacted for the good of the whole, to
be INSTRUCTED or defeated in its operation by any
one OF twenty-four Sovereignties The gentle
man from Va it is true, denies the right of a
state to close a road which has been designated
as a post road. But suppose the state, no
longer having occasion to use it for its own Sc
parate andpecuhar purposes, withdraws all care
and attention from its preservation. Can the
state be compelled to repair it? No. the gen
teman from Virginia must say and Twill say
May not the general government repair this
road which is abandoned by the state power p
May 1t not repair it In the most eficacious man
ner? And may it not protect and defend that
which it has fhus repaired, and which there is
no longer an interest or inclination in the state
to protect and defend. Or does the gentleman
mean to contend that a road may exist the sta
tute book, which a state will not, and the gene
raj government cannot, repair and improve p
And what sort of an account should we render
to the people of the United States of the execu-
ton ofthe high trust confded, for their benefit,
to US, if we were to tell them that we had failed
to execute 1t, because state would not make a
road for US?
The roads, and other internal improvements
ofstates, are made in reference to their indiyi-
dual interests. 1t is the eye only of the whole,
and the power of the whole that can look to the
interests of all. In the infancy of the govern
ment, and in tho actual state oftbc public Trea-
suy, it may be the only alternative left us to use
those roads, which are made for state purposes,
to promote the national object, i'll as they mas
be adopted to it. 1t may never be necessary to
make more than few great national arteries of
communication, leaving to the states the lateral
and minor ramfcations. Even these should
only be executed, without pressure upon the re-
sources of the country, and according to the
convenience and ability of government. But,
surely, In the performance ola great national
duty imposed upon this government which has
for ITS object tie distribution of intelligence CT
vii, commercial, literary, and social, we ought
to perform the substance of the trust, and not
content ourselves with mere paper inefficient
execution oft. If ! am right in these views.
the power to establish post roads being in its ma
ture original and creative, and the government
having adopted the roads made BY state means
only from its inability to exert the whole extent
OF its authority, the controverted power is en-
pressty granted to Congress, and there is an end
of the question
1t ought to be borne in mind that this power
over roads was not contained in the articles of
confederation, which limited Congress to the es-
adjustment OF post Offices; and that the general
character ofthe present constitution, as contras-
ted wish those articles, is that of an enlargement
of power. But, if the construction of the oppo-
site side be correct, we are left precisely where
the articles OF confederation left as notwthstand
ing the additional words contained in the pre-
sent constitution. What, too, will the gentle
men do with the first member Of the clause to
establish post Offices? Must Congress adopt.
designate, some pre-existing Office, established
by state authority? But there is none SUCH
May it not then fix, build, create, esta5list Off
ces of its own?
The gentleman from Virginia sought to alarm
us by the awful emphasis with which he set be-
fore us the total extent of post roads in the Union.
Eighty thousand miles of post roads exclaimed
the gentleman; and will you assert for the gene
raj government jurisdiction, and erect turnpikes
on such an immense distance ? Not to-day, nor
tomorrow; but this government is to last, I
trust, for ever we may at least hope it will en-
dure until the wave of population, cultivation,
and intelligence, shall have washed the Rocky
mountains and mingled with the Pacific. And
may we not also hope that the day will arrive
when the Improvements and the comforts of social
life shall spread over the wide surface of this vast