Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-03-09
lNTiIEHoUsE OF REPRESENTATIVES,

Mr.. Chairman: In the course of this discus.
sion, gentlemen have indulged their irnaeina-
lions in sketching out the most extravaganza and
S,ncifIl pictures of the abuses which would re.
suit from the exercise of the power of making
{aternaI improvements by Congress and, by
this sort of inverted reasoning, have attempted
"a prove that the power docs not constitutional
iy exist in Congress. Nothing can more clear
Nv show the difficulties of the position they have
assumed under the Constitution, than the fact
chat they are compelled to resort to arguments
OF this description. in order TO sustain it: for,
fink it can be satisfactorily shown, that it is a.
gliilst the whole theory of our political system
tn suppose that the power in question is more
aia5le to be abused by the general government
than similar powers are liable to be abused by
the state governments. With the purpose
therefore, of rccairning the attention of the
Committee from the frigatfu usurpations gratui-
tously ascribed tothis government, and ofdlrect-
ing il to the sober and dispassionate considera-
ton ofthe principles really involved in the sub
jcct under discussion, propose to offer a few
preliminary remarks, indicating the real securi-
ties provided in the Constitution for the liberty
Ofthe citizen, and harmonious operation of our
complicated system of government.
Almost every gentleman who has addressed
the committee in opposition to the proposed
measure, has laid down some general PROPOSE
ton, classifying the powers which have been
confided, respectively, to the general govern
ment and to the state governments but it
seems to me they have introduced into their Sc
ycrai propositions, terms much more vague and
uncertain than the question they are intended
to cldcldatc. To lay If down as a general rule,
that all municipal powers, not expressly granted
to the general government, belong to the state
governments, either renders nugatory most of
the powers OF this government, or il does not
advance us single step towards the decision of
the question we are discussing. l shall endeavor
to bring the mind OF the committee to a direct
perception of the things upon which it is to de-
eide, entirely unembarrassed by terms of doubt
full Specification.
1t viii be perceived, from casual glance at
the provisions Of the Constitution, that two great
safeguards are provided for restraining and ar
resting the usnrpatons of this government, and
preserving the liberties of the people. One of
these results from restrictions upon power; the
other from the responsibility of those who exer-
else power, to the people upon whom it ope-
rates. Those particular acts of government
which arc essentially wrong, and which no e.
emergency can justify, are absolutely prohibited;
and upon those powers which rulers are natur-
nly prone to abuse, because connected with
their own defence, and liable to the influence of
their passions, positive restrictions are imposed,
emergencies. Upon these principles, Congress
is prohibited from passing any law respecting
the establishments of religion, or tending to "a
bridge fho freedom of conscience, of speech, or
of the press. Upon the same principles, Con-
gre5s il prohibited from making either honors or
crimes hereditary, by creating titles of nobility
or passing bills of attaindcr; and, also, from
snspcriding the privileges of the writ of Habeas
Co'r1ts, except under circumstances, producing
sort of state necessity for that dangerous ex-
erCisc of sovereign power. And it is worthy of
remark, that the state governments also are
subjected to precisely the same positive restric-
tons, IN all cases where the powers under con-
sideraton could be fairly presumed to belong to
them, under the general distribution. From
this we arc brought to the obvious conclusion,
that the convention did not regard the state go-
ycrmncnts, as sentinels upon the watch towers
OF freedom, or IN any respect more worthy of
confidence than the general government. One
class of public agents, as they are not exeuIpted
from the passions, so they have no claim to be
exempted from the restrictions belonging to an
other class, when both stand in the same rela-
ton to the people. 1t was wise and provident,
therefore, to restrain both from the exercise of
powers, which are so peculiarly, dangerous in
their nature. And here, sir an answer at once
suggests itself to remark, made during this
debate, importing that the same principles of
construction which Justify the exercise of the
power to make Internal improvements by this
government, go equally 10 justify the celebrated
sSedltion Law. The unconstitutonality of that
iaw resulted from the express provision, that
Congress shall pass no law abridging the free
dom ofspeech or of the Press.n It was a yio-
iatIon OF an express restriction upon the power
CO Congress and until gentlemen point out
inllar restriction upon the power of improving
he country and developing its resources, they
nnst abandon the argument, deduced from this
jiaIogy, as lndefensible. The ONLY effect of
Introducing such an argument into this discuss
i)n, is to awaken associations which do not be.
Dng to the subject
Having thus pointed out the class of powers
fhich IS the proper subject of positive restric-
i'm, let MS inquire what is the principle which
yIverns the distribution of that residuary mass
useful and necessary powers, which consti-
lite the sovereignty of the nation, and which
Fcry government, or system Of governments
'prthy ofthe name, must exercise by some of
t. functionaries. In determining whether
( oven subject Of legislation should belong to
S)ngress or to the state legislatures, the inquiry
With the convention was not, which of these will
~ most likely TO abuse the trust, but to which
them does 1T appropriately belong, In refer
plce both to their organization and fhe great
poIects they were designed to accomplish, 1t
s2s not question of civil liberty but of polti-
9 nj harmony. In this view of the subject,
you'd lay 1t down as a general rule, that all