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

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itabhshment, which is precedent in its very
nature. That which does not exist, which is
not established, cannot be adopted. There
was, then, an essential difference between the
gentleman from Virginia and me. I consider
the power as original and creative he as de-
rivatiye, adaptive. But will shew, out of
the mouth of the President himself, who
agrees with the gentleman from Virginia, as
Ia the sense ofthis word, that wha, contend
for, is its genuine meaning, The PRESIDENT,
IN almost the first lines of his message To this
House, ofthe 9TH of May, 1892, returning the
Cumberland bill with his veto says, F." power
TO establish t,wnpikes. with gates and tolls, &c
implies power TO adopt and execute "A COM
plefe system ofinternaI improvements What
is the sense in which the word e ESTABLISH" is
here used I? Is il not creative Did the Pres
ident mean tn adopt ar designate some pre-
existing turnpikes. with gates, Sc. or, for the
first time, 10 set them up, under the authority
OF Congress Again, the President says, If
lay duties of transit and to lake the land on :,
vauaton,l it exists AS 10 any other, and To AS
many roads as Congress may think proper To
estdbliSh." In what sense does he here en-
pioy the word The truth is, that the Presi
dent could employ no better than the cunsti-
tutonal word, aud he is obliged TO use il in the
precise SENSE for which contend. But 20
IL higher authority than that of the Chiei
Niasisirate-;o that of the Constitution ITSELF
! In eSpnuuding that instrument, we must look
at all IFS parts and If we find a a word, the
meaning of which it is desirable to obtain, we
may safely rest upon the use which has been
made of the same word in other p tris of the
instrument. The word 4" establish" is one OF
frequent recurrence in the constitution and
venture to say that il will be- found uniformly
To express The same idea In The clause g.
nIimrra'in, oar powers, Congress has pow or
| . Ia est .Sti5h an uniform rule of Uaiuraliza-
tinn," sc. Ia the preamble, - We, the pep
pie of the United STATES, in order TO form a
more perfect union. establish iusiicr, &c. do
ordaia and establish this constitution" &C.
Whai p,eexi-iug cnde Of JUSTICE MAS adopt
rd Did not the people oil the Y. States, in
tins high, sovereign ar contemplate the con-
/ siruciIou at Il code adapted IN their frds al
condiilpn ? The sense NJ The word rs contend
ed for, was seii-evdent when applied 10 tie
constitution. -
| But let us lock ut III" nature, obitct, and
purposes OF the power. The trust coniidrd To
Congress was one of the most brnriirisI char
acter. II WAS th- diffusion, oi iuforu,a;ion
among all the parts ofths Republic Ii was
the, transmission ard ciIcula;inn of inirlli-
gencei II WAS Ia communicate knowledge uf
the laws and acts ufgovernment ami Ia pro-
mote the great busincss OF society in all lis re-
! latlons Tnis was great trust, capable ol
being executed ia "a highly saluisry. ,nannrr,
IL could be executed only Ivy Congress. and
il should he well p-riurmrd as /, could be,
considering the wants and cXigrncrs uf GU
vernment. Aud here beg leave io advert la
the principle which same time ago laid down,
that the powers granted TO this government,
aIe To he carried into tXrcuinn by It's o,vn in
herent force and energy, without necessary
! 90 he's h:
my construction secures this Object; aud il
that of my opponents places the execution of
tins truSt AT the pleasure and mercy of the
state governments, We must reject theirs and
assume minr. Bat the construction of the
President daes make it so dependent. H.
contends that we can only use as post roads
those which the states shall have pre-, u,isiy
established (; that they are at liberty 10 alter
10 change, and ofcourse io shut them up ~
pleasure. 1t results from This ,ir. of th.
President that any of the great mail routes
now existing, that for example, from South
10 North, may be closed at pleasure or by ca
price, 10y any one of the states or lis authnri-
ties through which II passes, nv that of Della
ware or any other j. il possible that the con.
; structon of The constitution can he correct
which allows IA law ofthe United STATES enact
ed for the good of the whole, To bs obstrlctet
or defeated in lis operation by any one Of Iwrn
ty-sour SoyereIgntes The gentleman from
va. II Is true, denh.s the right of state {,
cloSe a road which has been designated as ;
post ROAD. But suppose the state, no lungt
having occasion to use it for its own srparat,
: and peculiar purposes, withdraws all care an,
attention from its preservation. Can the STATE
be- compelled to repair il ? No the .eniie-
man from Virginia must say and ] will say
May not the general government repair
this road which is abandoned by he stat,
power May il not repair il III Tie mast Fiji
caci0us manner And may ii not prniec
7 and defend that which it has thus repaired
and which there is no longer an interest or in.
cllnation IN the state to project and drfrnh
Or does the gentleman menn tu contend thai
road may exist ia The statute book which ,
state will not, and the general government
cannot, repair aud improve? Aud what spr
Of an account sl0uld we render to the ppopl,
of The United States Of thc execution uf th,
high trust coniided, for their benefit, io is, i
we were i0 tell them that We had failed Z,
execute IL, brcause State would not make :
road for US
The roads, aud other internal improve
meutS uf STATES, are made IN reference To thri
individual interests. II is the eye only of IN,
; whole, and the power OF the whole that cai
, lack 10 the interests Of all. In the infancy q
) the government, and IN the actual state o
the public Treasury, it may be the Gully alter
native left US tO use these roads, which ar
made for state purposes, 10 prOrnoie the Ma
: iOual object III as they may be- adapted 20 il
IL may never he necessary 10 make more thai
few great national arteries nf cOminnoica
ton, leaving 10 the states the lateral aud mi
nor qualifications. Even these should only h.
. executed, without pressure upon The resource
OF the country, and according To the convent
Pnce aud ability Ufg0vcrumcDt. But, surely