Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-02-03
FOR THE NATIONAL iSrELLIeEsUxR
Eighteenth Congress.
DEBATE on INTERNAL IMPROVEMENT

DEBATE on INTERNAL IMPROVEMENT.
HOUSE, or REraKsEsrATIvEs, JAZZ. l6.
The bill authorising the President of the
L. States Ia cause certain surveys and esii-
mates to be made on the subject of Roads
and Canals, being under consideration
Mr.. Clay, (Speaker) in rising, said, that he
could not enter on the discussion of the sub
ject before him, without first asking leave To
express his thank or the Kindness of the
COMMITTEES, IN so fan. -OmmodaiIng him rs
10 agree unauimousyt 'dlourn its sitting To
the present time, in order to afford him the
opportunity of exhibiting his views which,
however, hr rrared he should do very unac.
ceptahly. As arequtal for this kindness, he
would endeavor, as far al was practicable, to
abbreviate what he had to present To their
consideration. Yet, on question of this -x-
tent and moment, there were SD many topics
which demanded a deliberate examination,
that, from the nature of the case, ii would be
impossible, he was afraid, To reduce the ar
gnment to any thing that the committee would
consider a reasonable compass.
1t WAS known Ia all who heard him, that
there had now existed for several years a diff
ference of opinion between the Executive and
Legislative branches of this government, as TO
the nature aud extent of certain powers con-
feried upon IL by the Constitution. Two sue
cesslve Presidents had returned Ia Congress
bills which had previously pas. d both Bous-
of that body, with IA communication ofthe
opinion that Congress, under the constitution,
possessed no power To enact such laws
High respect, personal and OIL cia must he
felt by all, rs il WAS due to those distinguish
ed officers, and To their opinions thus solemn
~ announced; and the most profound con-
sideration belonged Ia our present Chief Ma
gistrate, who had favored that House with a
written argument, of great length and labor,
consisting of not less than sixty ar seventy
pages, III support Of his exposition of the con-
stitntinn. From the magnitude of the interests
involved in the question, all would readily
concur, that, IL the power is granted and does
really exist, il ought 10 he vindica.ed, upheld
maintained, that the country might derive
The gr-ai benefits which may flow from lis
prudent exercise. Fit has not been commu-
nicated 10 Congress, then all claim Ia it should
bs, at once, surrendered. II was a circum-
stance of peculiar regret To him, that one
more competent than himself had not risen
10 support the course which the Legislative
department had heretofore felt itself hound
10 pursue on fins great question OF all the
trusts which are created by human agency,
that Is the highest, most solemn, and most
responsible, which involves the exercise of
political power. Exrrr-d when it has not
been entrusted, the public finctonary is gull
~ W. AUu Ills lunUtuN 10 me
public good is not, perhaps, less c,Ipable when
he neglrcts ar refuses To exercise a power
which has been fairly conveyed, to promote
the public prosperity. Ii the power which
ne thus iorbears 10 exercise, can only be ex
erted by him-if no other public functionary
can employ il, and the public good requires its
exercise his treachery is greatly aggravated.
1t Is only in thSse cases where the object uf
the investment of power is the personal ease
or ACKNOWLEDGMENT of the public agent, that
his forbearance To use il is praisewUrthy, grs-
cous, or magnanimous.
He was extremely happy 10 find, that, on
many of the points of the argument of the
i,onorabie gentleman from va (SIr. Barbour)
there was entire concurrence between them,
widely as they differed in their ultimate con-
clusl0ns. On this occasion las on all others
on which that gentleman obliged the House
with an expression Of his opiniOnsl he display
ed great ability and ingenuity and, as well
rom the matter from the rpspeclfu; man
ner of his argument, it was deserving Of the
most thorough consideration. He was COM
PEELED to differ from that gentleman at the
very threshold. lie had commenced by lay
ing down AS general principle, that. in the
distribution of powers among our Federal
ana state governments, those which were Of
municipal character were to BIZ considered
y
those which related To external affairs, to the
general government. If he might be allow
gu 10 throw the argument Of the gentleman
mo the form Of a syllogism, ia shape which
!!'e presumed would be quite agreeable iO HIM
~ anOunted To- this Municipal powers be
iVn6 exclusively TO the state governments; but
me power tn make internal improvements is
municipal therefore il belongs tn the state
governments alone. lie Mr.. e.. denied both
.'e premises and the conclusion. II the gen
''e'nan bad affirmed that certain municipal
i''"efs, and the great mass Of them, belong
~ the state governments, his proposition
YOU'D have been incontrovertible. Bat # he
, mdu so qualified it,. il would not have assisted
.ne gentlemap at all ia his conclusion. But
surely the power Of taxation--the power 10
.eS.'at" TIVE value Of cUin--the power to rs
'a""sh an uniform standard Of weights and
'neasures-to establish post Offices and post
'us-tO regulate commerce among the Sc
at slates-that IN relation to the Judiciary
oes'ues many other powers indlsputa5ly be-
'o"slng ln the federal government, are strictly
municipal IL, as he understood the gentle
L m"n IN the course of the subsequent part &C
Ivy argument To admit, some municipal pow
y, oelong TO the one system, and some to
~ he V'her, we shall derive very little aid from
Wv Wv sentleman's principle, in making the dis
r,"nnaiion between the two. The question
,"us' ever remain open whether any given
Po"sr, and of course thatin question, is or is
b ~ delegated TO this government or retained
ny the state.
al Ne conclusion Of the gentleman is, that
~ internal improvements belong to the state
5Eo'''nments that they are "f limited and
'"' character, and are not compTheuded