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

would equally authorize that of Cuba and the
Islands IN the Pacific Ocean, and if nature did
InterPose an insuperable barrier, we might gro
with the Hon. Speaker to the planets above us,
and there embark in sovereign speculation.
But 1t VIII be said that the purchase of Louisiana
was made by virtue of the executive power to
make treaties. Granted. And what follows /.
That there is an unlimited power in the Execu-
I'VE government, not only to authorize Congress
to appropriate money, but to impose upon it all
the obligation which can grow out of the treaty,
to make the appropriation. Sir, this puts an end
to the argument which limit the power of appro.
priating money to the other specific grants to
Congress, embraced in the enumeration OF its
powers. And, must say, it would be an ex-
| traordiuary supposition, that the trainers of the
Constitution intended to limit, by the most lea
,ousrestrlctOns, the power ofthe popular branch
OF the government, in selecting the objects cal
culated to promote the general welfare, and, at
| the same time. to vest in the Executive govern
fnent the most aofirRited discretion on the same
subject.
But, says the honorable Speaker, if we can
lcrive the right Of making road through a
State, from the consent of the State, we derive
| rom Its svercign powers not conferred by the
constitution. If it were contended that the
power OF dPPropr'afinS money could be derived
rom the consent of state, this objection would,
| III,
yer, Is founded upon misconception. 1t sup
poses every act which Cover rent performs to
! be, OF course, an act of sovereignty. But, no.
| t:lng can be more erroneous than such sup
position. The making of 4 road is not an act of
| 1vereignty. The Legislature of Virginia, for
| sample, might grant me the privilege of ma
| KING road through the state; but, ifthey were
| 10 do SO, should certainly never dream that
.yas clothed with any of the attributes of soyer-
| eighty. In fact, TO deny this general govern
| ment privilege belonging to the humblest CT
tizen within ITS allegiance. would be to render it
IN alien enemv in the midst of the people, whose
destinies are committed to its charge.
But, MIR. Chairman, though have deemed ii
important to shcw that this government has the
power to execute internaliinprOvements whit the
consent of the states inwhich they may be made,
confess deem it of much more Importance to
establish its absolute and sovereign power to
make such roads and canals, as are requisite and
proper for giving salutary efciencyto the great
lowers expressly conferred upon it, Sc in order to
torn a more pei .ect union,n and perpetuate the
blessings ofliberty. shall proceed, therefore,
to examine briefly the several clauses under
which the power in question is claimed, assur-
ing the committee that will not trespass upon
their Indulgence by the IL petition of arguments
which have been already urged, with an ability
| to which have no pretensions.
responding the meaning and import of the
grants ''to establish post roads," the gentlemen
! opposed to this measure have largely ayaiIed
| themselves of those legal subtleties and phlo-
| logical rcflnemcnts which they have themselves
prescribed as unbecomng the nature and gravi-
~ orths discussion. |, sir, am decidedly opposed
to the introduction of artificial or technIcalrules
| into theinterpretation Of such an instrument as
| the constitution of the United States; and /
think the friends ofthis bill would act very I'M
wisely mrestipg the question of power upon the
grammatical import of the term &C establish -
agree with my honorable friend from Virginia,
MIR. Archer that &c to establish" most general
ly means only to communicate the attributes of
permanence and stability; and that in relation
to physical objects, it never means ssto maker
money But, twill be- apparent to the gentle
man, on a moments reflection, that it is often
used IN reterenceeven to psychologists, tocon-
vey the two fold idea of'' creating AND making
permanent" The meaning of the word must
depend in every case, ppon the subject-matter
to winch 1t relates. An authority, for instance.
to establish post road where road already ex-
ISIS, would not, In terms, convey a right to make
the road; because the language, in its more
comprehensive Specification, would have nothing
upon whlchto operate. But, an authority to es-
tabllsh post road through wilderness would
most certainly be interpreted to convey, by the
mere force of the terms, the right to make the
road, as well as TO communicate to it certain le-
gal attributes.
iiit, SIR, IN giving 4 construction to a power
oil THIS description, we must ascend to much high
er principles than either law books or lexicons
can FURNISH. We must look to the great objects
which it was designed to accomplish, and give
1t such an Interpretation as will most efectually
promote them. What, then, are those objects
The power to establish post Offices post roads,
simple as 1T may appear, is one of the most i'm
portant which belong TO Congress. Regarding the
vast extent OF our country, and the principles OF
our government, it is obvious to remark that it is
OF vital consequence to the liberties ofthc repub
Tic. 1t is the representative principle that inn
parts to this government the character of free
dom, And what can be more essential to- the
efficient operation of this principle than the ra
pid and regular transmission of political inteli-
gence from the seat of Legislation to the remo-
test extremes OF the Union? Even q free pr ess
one oil the essential elements of representative
system, of such unprecedented extent as ours
would be comparatively useless without an ac-
tive and comprehensive system of mail cornmu-
Dication. A constant interchange of intelligence
nd sentiment between the government aud the
people is essential TO the character of both. II
IS the diffusion of intelligence fioin the govern
lnent To the people, and the reaction OF popular
.'iHient upon the government, that renders the
cltizen really freeman, and the representative
really irresponsible agent. believe, sincerely.
that, If the communication this intellirence
were for a length of time cut off from any dis
tant portion ofthis Union, it would be deprived
OF the principle of Po!itcallife, as certainly as
lIrnb OF the animal system would perish in which
the blood had ceased to circulate. And is il
not obyIous that there sl soon be states in this
rr0saf xs,r.f fol,