Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-01-24
RkPoHTEp FOR THE SATIoSAL INrELLIoEscEr
Eighteenth Congress.
DEBATE

EIShteentn congress.
DEBATE
On The Bill far obtaining the necessary surveys
on The SUBJECT Of Roads and Cuaats.
IN THE HOUSE OF REPRESENTATIVES
TUESDAY, JANUARY Is, 1924.
Mr.. p. p. BARBOUR said, that it had
been in order to test the principle of The bill
before the House, that he had yesterday NOV
ed To strike ont The eractng clause. He would
now ask the indulgence of the Huuse while he
endeavnred to state some OF the reasons which
compelled him TO oppose the principle on
which the hill must necessarily rest. II was
aware that the subject had been discussed,
elaborately. at Il former Congress, and that il
would be difficult 10 avoid, on the present oc-
castor, touching on some, AT least, Ufthe points
then so fully argued-hr should endra, or To
guard against this as lar as il was practicable !;
and, being very unwilling la irrspass, uune
cessarily on the time Of the House, should en-
ueavnr 10 compress the few remarks he had
IN offer into AS dense form as he WAS capa
biz
The bill, observed Mr.. b. proposes an an
preparation of money To obtain the necessary
surveys and plans on the subject of roads aud
canals and lis advocates had urged that il
was merely Il measure Ia procure useful infor-
maton: hut II sought thai Information avOw-
r'tiy with reference to an Interior object and
u iiis uiirr'or measure he not consfitutonaliy
within The powers of Congress then he con-
Tended that Congress were not warranted ia
taking the preparatory step now Proposed
lie should trouble the House with no remarks
an The general subject uf internal improve.
inents The advantages to IL. derived from
good roads and canals none deny {; he fully
accorded IN The opinions EXPRESSED by IN.
Chairman al the Cum;n ON the savinr of
expense aud promotion of Intei course which
must necessarily result from them. But the
question now I" be argued was OF different
compeXi"n--it WAS he question of power.-
lie had long hren of opinion, that Congress
was not possessed Of this power under the
constitution, as that instrument now stands
ana IL would be the OBJECT Vi his present dis
cussIon 10 prove this.
Before, however, he went into an examina-
ion OF the constitution itself, he would make
some preliminary remarks IN The principles
ana spirit oi that Instrument. When the con-
sntniion was about Ia be formed the great
problem which occupied the minds of It's fra
mers Was the determination what pswers
should be conceded hy the states To the frde-
Tdi government, and what powers should he
retained by the states. If too much should be
granted, the gescrai government like Aaron's
serpent, would soOn swallow up the SLATE 90
Vernmenls II, on the other hand. too it'll,
We're conceded, The federal government would
pc Inefficient for the purposes of lis institution
inc one error threatened liberty, the other
threatened internal peace and order Ira these
uehcate ana difficult circumstances, the au-
ihors oi the constitution determined ON a com
promise between these opposite interests, and
we com pronise rested On one general princi-
PEE subject, however, Id few notifications.
Ahat general prlnciple was this that, where
yer the object Ia be obtained was one which
ind n
whole coniederacy, the power To effect il was
reposod in the federal government thus the
Raising of armies and constructing of fleets for
we Irrational defence, We're objects which no
ihdiVIdua state could effect, and thew, with
o'her powers of the like character were
therefore, confided TO the General Govern
ment and, because they could moi be- effect
ea without the requisite pecuniary means, the
constitution, on the same principle, gave Con.
sieSs power to raise arevenue. There were
"'"ef obIecs, also, which, from their nature,
Iou'u hoi be managed with The requisite CON
cert, by thirteen distinct independent sove-
regnlits such the regulation of foreign
commerce and the making of treaties, which,
therefore, were entrusted 10 the General Go
'ernmebt. He cited these instances IA illus.
u"',ons and exempifcatOns 10 shew what
"u anu ORDER OF powers the reason and spir.
~ we Constitution deposited in the hands
W 'he Federal Government. But while. from
necessity, powers Gf this character were ced-
en, all powers which had relation TO matters
o''n'ernsl regulation, all that might he denom-
mated municipal powers, were reserved To the
''a,es. These states had each n government
VI It's own, and the authors of fhe. Coostitu-
uoh wisely Judged that these governments
we're July competent TO take the supernfen-
"ehce 0t their own internal concerns. and
we're, rom their sltnatOn likely To be more
Intimately acquainted with these concerns
ana therefore best adapted To their proper
management. This distinction of powers
mr' b. insisted was the general. fundamental
principle on which the whole Constitution was
based and II would prove the best enide in
INVESTIGATING any part Of that instrument the
OBJECT of which had been, by wise distribu-
.ion OF power. to assign To the General. and 10
'ne several State Governments each IFS own
8 proper orbit, IN which to move for the general
good. oe'''' a.
let this general principle was susceptible
oe'' ana had received some notifications
oo,ne few OF the municipal powers, Of spe-
0'"' and particular character, had. for wise
ledsons, been transferred To the general go
'elnment. An instance Of which was found
~ the exclusive jurisdiction given To that GO
eminent over the spot where its seat should
" hNed the reason of this was obviously,
"a' 'he free exercise Of its fuactiUns might
oe preserved, unawed by any influence that
"'but otherwise be exerted over them in con-
sequence of the territorial jurisdiction of any
pd,ucuiar state. So the general government
,'"u 'he power To regulate commerce between
a ne states, and to fix standard Of weights
''1 measures Tor which, as in the former in