Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-03-05

ue'nau Toii boia"arc, as well other gentlemen
who have participated in this discussion, upon
what Is saii Ia have been the practical ccustruc
ton of the power in relation to "coni-
msrce among the several states" that il does in
relation 10 foreign commerce ;" and that, as,
uuicr the power of ,'eguiatiag foreign COM
merce, it has erected lighthouses, bcacons,
buoys, Nc. with view to give safety and facili-
" 10 that commerce, it may, under the power of
Regulating commerce among the states" con-
struct roads and canals, to give safety and ;,cil
ity to the internal trade of the country. / beg
leave to ask those gentlemen, by what authority
they refer the erection of the lighthouses, bea
cons, SC. To the power to ,cgntatc foreign cons
mercer There is evidence upon The face of
the laws themselves, which were passed for their
erection, that Congress legisatcd under the
idea that they derived the right TO erect them
from The power to regulate foreign commerce.
There is collateral evidence, however, that they
legislatcd with reference to another clause ofthe
Constitution. 1t was mentioned by my col
league, who opened this discussion, (Mr. p. p.
Barbour,) that the statute book contained list
OF cessioiis made by the several states, of the
sites for these buildings. The only cases in
Which the Constitution requires the previous
consent of the states to the alienation of terrific
ry, are those relating to the seat of government
and all such places may be acquired for the
'' erection of forts, dock yards, &c. and other
from the formal cessions made by the states, of
sites for light houses, &c. that Congress lcgis-
lated with reference to this part of the Constitu-
ton. Another explanation has been suggested,
by an honorable gentleman from Yew York,
MIR. Woody who refers the erection of these
buildings to the power to lay and collect duties.
The duties laid, accrue only upon the arrival in
our ports of the goods and vessels charged with
them. Whatever, therefore, gives security and
n m has
mediate relation to this branch of the public re-
venue. l have mentioned these explanations
only for the purpose of showing that the erection
oflight-houscs, beacons, &c. can be accounted
for, and have been accounted for, plaunbty
at least, without referring them to the power
of regulating foreign commerce. 1t is not ne
Cessary for me to decide under what clause of
the Constitution these buildings were erected.
viii only say, that both of the explanations
Just mentioned are satisfactory to my mind
as the one which refers them to the power of
regulating foreign commerce. Gentlemen
have taken it for granted, without offering to
prove, that they were erected under this clause
of the Constitution, for the sake, / presume, of
the precedent it would afford them, in the inter-
probation of the power to regulate commerce a.
7rong the states. beg leave, however, to say,
that, whatever may have been the construction
of the Constitution under which these light
houses were built, or any other act that has
been done by preceding Congresses, / cannot
regard such construction as legitimate and con-
elusive evidence of the true meaning of the
Constitution, and binding upon ourselves and
oursuccessors. The gentleman from Delaware
said it was great error to consider the authors
ty to make roads and canals a distinct, instead
of a subsidiary power. If any power, from its
magnitude and extent, ought to be regarded as
a distinct and independent power, it is this. The
Constitution has granted, by distinct clauses
several other powers which might, with much
more propriety, have been regarded as subs;nia-
ry powers, and left to implication. What
would seem more naturally to appertain to the
regulation of commerce among the states than
the power of coming money, the re,y u,st,7.-
Hent Of commerce, OF fixing its value of estab-
llshing common standard of weights and mea-
<ssures, uniform laws on the subject of bankrupt
Cy, and post Offices and post roads Yet, all
these powers are the subjects of express and
distinct grants! What could more properly be
considered as Incidental to the power of declar-
ing war than to raise and support armies, pro-
vide and MAINTAIN navy, make rules for the
government of the land and naval forces? And
yet it was thought necessary to give these and
other similar powers by direct and explicit de-
clarations in the constitution! 1t will not be
said that roads and canals bear more direct
and Immediate relation to the military and COM
merci:I powers of the government, or are OF less
dignity and Importance in their character. than
many Of the powers just enumerated WHY,
then, | will ask the gentleman from Delaware
ii the power TO make them was intended to be
given, itnot, in like manner, distiactly gran
ted
In inquiries Of this sort, Mr.. Chairman, the
opinions of no man, however iustrious by lis
virtue or his wisdom, ought to preclude the ex-
ercise ofour own deliberate judgments. There
is, however, 4 degree of respect which al! ac-
knowledge TO be due to the opinions of the dis
tinguished men who either participated in the
formation Of our government, or have since
borne conspicuous part in its Administrations
1t is known to the committee that three success
siye Presidents OF the United States have felt it
their duty to announce to Congress, in the most
solemn form, their settled conviction that this
government does not possess the power now i'm
question. [ viii not however insist. upon their
testimony, because they are Pir%iy,9tns, and
we have abundant evidence that Fj1gi;,ia poll
tics nave gone out of favor. There is an au-
thority, however, which | will quote and the
weight Of which feel myself entitled to press
upon this committee. 1t is that of Alexander
Hamilton. His opinions upon this subject are
of peculiar value, not only because he was
member Il the convention which framed the
constitution, and one of the authors of the ceIc-
bratel commentary upon its principles, but be-
causc he is known to have INDUCED strong
bias in favor the powers of the general govern
ment, and 20 have adopted the most liberal doc
trines in their Interpretation. Yet. even Mr.
Hamilton, with all his lcanin;- towards federal
authority, could find no warrant in the constitu-
ton for the power to make roads and canals
In his Report on Manufactures, after speaking
Z