Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-02-20

The relation, however, of internal improves
lnents, to this class of concerns, could not be
contested. The relation appeared from the
mere name. 1t was ut the point of termination
OF the province ofthis description of objects, that
the region commenced, which afforded the pro-
per scope the exercise of the general authors
ty. AS respected any relation which improves
ments, OF analogous character to roads and Ca
nails, from their connection with external inter.
csts, might have with the question, the couside-
| ration of them would fall under the succeeding
| branch Of the discussion.
And this consideration brought Mr.. ArcbSr to
the examination Of tue second source whichhad
been assigned to the power, the authority Of
Congress 20 regulate commerce with foreign
nations and among theseveml states, $50, Tho
want OF any proper relation between the regu-
lation OF commerce and the construction of its
physical channels, had been insisted on by his
colleague who opened the debate, But, let it
be admitted that n full power of legislation was
INTENDED. Still the power could not have am
extent wider than its subject. And what was
the subject Not all commerce, as his friends
from Delaware MIR. McLane) had assumed.
MIR. McLane cxplained.] Mr. Archer rccei,.
I'd with pleasure from his friend, explanations
which might lead to union of their opinions. In
the present instance, however, it did not avail
to that effect. The power conceded was over
foreign commerce only, and that between the
states, &c. that is to say, over the commerce
only, which was external TO the proper jnris
diction ofthe states. The facilities, therefore.
which there could be competency to introduce.
must relate exclusively to this description of
commerce. But the Improvements contemplate
ed roads and canals, were facilities, appropriate
to internalnot external commerce, A contro
over them, then, did not pass.
Th- relation being to external commerce ia
cihties having real relation to this character of
commerce, were embraced by the power The
cases which, rs supposed to create the greatest
difficulty, had been referred to with the most
triumph, were embraced. The constructions
on the great estuarics and the ocean were en-.
braced. The objects ofimprovcmcnt, which as
falling without the jurisdiction of the States had
oeen SAID to require compacts among states for
| their accomplishment, if there were any sucb.
| would be embraced. Facilities of the cborac
ter referred to, would moreover, be EXEMPT Epm
the objection incident to the improvements pro-
posed, of wanting a character of nationality
They would exhibit proper correspondence to
the test of connection with the interests OF tbs
union, as separate community. AS related to
the nterrogatory (of the Speaker,) whether our
power to dispense the form of advantage in
question, was confined to the sea, and excluded
from the land, the answer was, that the urisdic
ton proper to the land in this respect, was con-
hded to different, and jim reference to this par.
ocular subject, a more competent authority.
Surprising he had been successful in disposino
| OF the authorities in relation TO post roads and
commerce, Mr.. Archer approached the power
which created the only difficulty in his mind
the military power. He admitted this power to
involve an authority to construct roads to n Ger.
| tam extent. 1T was not necessary, in thisdscus-
sion, however, that he should employ any portion
of his failing strength in defining extent. Tho
| necessltyo OF an essential relation between means.
and ends, between the exercise of 81, 5diary and
the objects OF principal powers, was not disputed
and had been admitted (by the Speaker in mar,
tcular.) But what constituted this relation
lie was not gong into Neutrality-suspicious. on the,
subject; all that he maintained was that essen,
fla relation required the operation of the subsi-
diary power in good faith, and ,'eality for the
ends OF the principal power. But no man con.
tended for this relation of Internal Improve,
ments to the military power. 1t could NOT.
therefore, be relied upon as authority for them.
| one other source had been relied upon for
this jurisdiction, fraught, as it appeared to Mr..
Archer, with greater objection and danrer thon
any which had been assigned. lie alluded N
the approPrlatlng power. II was with pleasure
he had heard the disclaimer (by the Speal<erl of
| tins source of the authority. He united most
heartily IN the expression ofreprobaton; What
| did this claim of authority import? The com.
mon defence and general welfareu were q nj
strued to comprehend all ends of political an
thority, and an unrestricted discretion to attain
these ends was claimed, as far as respected the
| application OF money; that is to say, by a man
which was equivalent to every other. If an
| authority of this kind did not make an unl;m;v
ted government, what did The Russian An.
tocracy, the Ottoman Porte, had no occasion 10
arrogate larger authority. No man maintain
| ed, IN terms, the unrestricted character of The
| government, yet doctrine was maintained ,cJ,;cb
| operated deieasanCe of all restriction nm !,
| II the doctrine were just, the wisdom of tba
trainers OF the Constitution had been unayaiJ;po-
and futile their guardian sQlicitude to make il -
| rampant against despotism, The whole rrant ~
powers was admitted TO rest on specification ROT :,
single clause OF the instrument of compact rv,o
admitted to supcrcede this specification. A
single clause! said MIR. A. Was that ala
NOS II was not to a single clause mo-,
even to the positive and enacting DOR.
tlon OF tins clause, but 10 mere explanation,
member OF IT. that was attributed this dctcsfable
sweep OF operation. The language was not.
that Congress should have power to provide for
the common defence and general welfare. but
power 10 lay and collect taxes, sc. to provide
lot thesc OBJECTS. II he object of the grant was
taxing power, and not the enunciation of az,
unrestricted scope of power of appro,ri.t;o,,
i, II was not uenied, that the taxing power was
limited by the specification of the Copsfitntior.
YET Ior me power of appropriation which was
strictly subaltern, s. accessory In Il ~, %
was arrogated, as Hbertine as the winds I,,tn
gritty renowned the odious discretion. tn ofec,
oy procurement, objects denied directly TO lie
control Yet this was the character of tbe &c
SUMPTION ff,,,