Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-03-02
IN THEHoUsE OFREPREsENTATIvEs

We VIC A1Ut JO OotuuttHT 3ne UeceSsQrU. SIR.
eggs on the subject Of H:s.ds and Canals.
IN THE HOUSE Observation-Disclosures
FEBRUARY 3, 1924.
Mr.. Tucker, Of Va. said, that the gentleman
from N. York, MIR. Storrs) would see, from the
speech of his colleague, (Mr. j. S. Barbour)
who had just sat down, that, with regard to the
constitutional doctrines, which he had consi.
dered as peculiarly Virginian, there was some
what OF the same diversity in Virginia as in the
other States; and he ought to have recolected
that the same doctrines had been zealously SUM-
ported by one gentleman from his own State.
(Mr. Wood,) and another from Vermont, fNrr.
Mallary.) lie had, also, characterized the ar
gumcnts, brought to support rigid construc-
tion of the Constitution, as Virginia metaphy-
sizes, and 1t was not the first time that the re-
mark had been made in that house {; but, if any
blame was to be attached to letting the arpu-
mcnt tarn ON mere political distractions, the o.
Their side must come in for their full share, as
they had drawn the incest distinctions between
municipal powers, and national and political
aud various other species of powers. MIR. T.
said, he should not follow their example. both
because he had no talent for that species of rea-
sonlng, and because, after the proposition is es-
tabsiIed, that the power in question is munich
pal or national, or of any other particular class,
10,
ties are still left to differ about the meaning of
The terms. He should keep clear of these re-
hnements, and endeavor to adhere, in the dis.
cussion, to the dictates of plain common sense.
And, although he did not promise himself that
he should change single vote in the Commit
tee, 1t was possible that what he might saw.
might have some effect elsewhere, and, though
At may fail to convince, it might excite some
traces of thought that may be improved by O.
theirs possessed OF greater powers than his own.
Mr.. L. said, he was sorry that SO much time
had been expended, in this debate, to prove the
advantages of roads and canals. This was sure
ly unnecessary, in the present day. A large
-~ortion of the labor of every country is expend-
ca, not In producing useful commodities, but in
convaylng them from the parts where they are
Redundant to those where they are wanted-and
the SaYtag, IN this labor of Transportation, af.
forded be soads and canals, often makes the diff
.erenee between rich and a poor country
He Ws,s, rs sensible of their advantages as any
one, and had been always ready to contribute
his feeble aid in imparting them to the State of
which he was representative. But he was OPP
posed to the system of which the present bill
proposed to lay the foundation, not only be-
cause it was beyond the sphere of the powers
conlided to us by the Constitution, but because
he thought it of dangerous political tendency
with regard to the relative powers of the Gene
raj and State Governments, and unwise as
measure of national economy.
MIR. L. said, he did not propose to say much
on the constitutonality of the BILL as that branch
OF the subject had been already very fully and
ably discussed. He should, however, trouble
the COMMITTEE with some remarks on the clause
respecting post Offices and post roads, in the ex
animation of which, he hoped he should be ex-
cused for indulging in verbal criticism. In do
ing So he should but follow the example Of the
Speaker-and, indeed, when the meaning of a
clause In the Constitution turns ON a single
word, as In this case, and its meaning is disput-
ed, there Is no other mode of ascertainine the
meaning OF that instrument. He thought the
meaning could be missed only by too much SUBJ
iiety and refinement, as many who might have
iound gold, if they had confined themselves to
the surface, had lost it by searching too deep for
It,. The Speaker discaims all other sources of
the power TO make roads and canals, than is to
be found in this clause. If it is here it is given
by the word establish. He says, establish means
to originate and create, rather than to adopt or
designate. |, In part, agree with him, said Mr.
J.. but 1t often signifies neither the one nor the
other. The simple import of the word is to
give stability to, and the object thus made sta
BILE, may originate at the same time, or it NAV
not. Mr. t. here gave several illustrations of
the meaning of the word, in all of which, it se-
niied to give stability of some kiud-oftruth or
certainty, or law. In no case oflegislation does
IT import physical act, but merely to give to
some subject the stability oflaw. But, if it be
admitted that it is synonymous with make or
create, 1t would not advance the purposes ofthe
argument, as it would simply mean, to create by
Legislative enactment.
Nor has the Speaker adverted to the differ
euce between establishing road and most
road. The State might make the road, while
the act Of Congress made the post-road, which
distinction Mr.. t. further illustrated by exam
piles. If any doubt said he, exists on this sub
Ject, the sense in which the word has been inya-
riaoly used by the legislature, from the origin of
the government, ought to be considered as the
correct one; orr statute book is filed with in
stances OF post roads that have been est1bLislted
though no roads have been made. But. arain,
WIT. chairman, the word establish has not a
stronger slgnlhcaton than the words abolish or
discontt1ue which are used in contradistinctioo
to 1t; and yet, when we speak ofdscontinuinr
post road, no one considers it as stopping nm
or even disseminating, the road itself, but mere.
iy as dePriying it of the property of being the
channel Of conveyance for the mail, which the
law had impaired to it and, in like manner, to
establish post road is nothing more than TO
give to a road the same property.
W.T. L. SAID that, IN expoundng the const-
tuition, nc had made it rule, ever since he had
had scat on that floor, to avoid rehnements of
construction as much as possible, and to under
stand the language as it was used by persons of
pam common sense; and this for two reasons
one was, THAT its wise trainers no doubt intended
that the words Of an instrument which was made
IN the name of the people, and meant TO act on
The people, should be taken IN their popular sig