Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-03-06


or, in other words, gives to n pre-existins road
a Character and attribute which did not presi-
ously belong To IT,. The post road is as much
created, IT gentlemen will insist upon this d.
vine prerogatiSe in the one case, AS the post
Office in the other, and the creation, 1 will add.
no more extends tn the road ITSELF which is
the channel ofthe post route, in the one case.
IMAM It does To the place which is the scene of
The post office, in the other.
The examples relied upon to support the
Interpretation which gentlemen have given of
the word establish" seem TO me, thrr efore.
10 Tall very far short of their object. On the
contrary they are not only consistent with
out furnish apt illustrations of the sense in
which we contend it is properly to be under
stood. The word, in its primitive and most
simple sense, means, toI. nder stable, or make
! hrT, and Is strictly applicable tp natural oh
Jects. But II IS now more generally applied
TO intellectual objects, and when Sd applied, is
OIL course, used in a fgurative sense. Natural
Objects are established or made fiji m by means
OF external support end, by AN obvious an
alosy, matters of civil and political regulation
are said TO be established or made firm hen
we give 10 them the support and sanction of
Jaw. In this sense, the word is uniformly
used IN the constitution, and all similar instru.
ments, with such notifications only as neces-
sarlly arise from the nature of the subject TO
which 1t is applied. lift was intended, as gen.
tlemen alieSe, tn give to Congress the power
TO make post roads, why was not that power
granted in terms which every person wonld
nave understood, and about which there could
be no controversy ? Was the poverty ofthe Ian.
suage SD great. or We're the trainers of the con-
sutution 81 deficient in their kno Wedge of il. as
10 nave supplied no word fitted To convey the
IDEA When we speak of the erection of
mouse, we do not say that such an me has es-
tahiIshed a house, but that he has built il. If
IL mad been intended 10 give TO Congress the
pewer now claimed for it, why did not The
trainers OF me constitution say, in so many
words, that Congress shall have power to make
and construct postroads? These words were
at hand, and were well adapted To the pur
pose OF conveying such a power That they,
or other words of plainly equivalent meaning,
were not used, rs evidence that the power thew
import was not intended to be given
Ii was not necessary to the nature and OBJ
1ect OF thrs grant that Congress should pos
sess the power 10 make post roads. The oh
Ject oil the grant was the conveyance uf the
mail, and the transmission of intelligence
through the country. Ii never could have
oeen contemplated that intelligence should be
transmitted TO an unsettled country, where
there were no persons to receive it-But. az
soon as country becomes settled, roads ne
cessaflly exist The great interests of society
me operations OF commerce., and the conye-
nPnce OF private intercourse, necessarily give
rise to them and as the population and de.
mands for intelligence increase, the faeii-
lies OF communication Increase also. The
same roads which answer the ordinary pur-
poses OF society, would certainly suffice for
the simple object of Transporting the mail. n
never could have heen intended i'm reference
To such an object, to confer upon Congress
the disprnportionate power of opening aud
constructing roads through the territories of
the states. Whether, therefore, look 10 the
language of the constitution, or 10 the policy
! OF It's provisions, IN relation tO this subject
am alike constrained tO discard the constrnc
ton which claims for Congress the power in
question, under the clause we have been con-
sidering.
! The next source which the advocates of
| the bill have appealed To for the authority to
execute system ofinternal improvements, is.
the military power of the government The
authority claimed under this part of the CON
sututIon extends To canals as well al roads
III is not, however, like the authority asserted
In relation 10 post roads, claimed as an ex
press power, but only as an incidental power,
or means ct carrying another power into eff
irct. The hrst inquiry which presents ITSELF
therefore, is, as 10 the true nature and extent
| oil incidental powers II must never he forgot
Ten that this government is one of limited and
Defined powers. However ready gentlemen
are TO admit this proposition, when their as
sent IS distinctly challenged 30 il, thew seem
habItually tn lose sight Of it in their reason
lngs upon constitutional questions. All the
powers granted TO the government are emu
merated in the constitution hut. as il was
Impossible to foresep every individual act of
legislation which might become necessary 10
carry these powers into effect, Congress is in
/ To-
ne " necessary and proper" for CARRYING the
granted powers into execution, hut none o.
'her. we depart from this limit. we nj
once change the character Of the government.
as possessing special and defined powers ONLY
ana convert II into one Of general discretion
AIRY authority. Whrneyer any measure is pro-
posed, therefore, the first question to be asked
IS, Is the authority 10 adopt il expressly grant
20 ~ the constitution: IL II be not, the Bext
question IS, Is II necessary and proper means
0i carrying Toto execution any power which
Is expressly granted 1t is not pretended
That the authority tn make roads and canals
Tor military purposes is expressly granted to
congress. lsIt, then, \ necessary and proper
means tor carrying toto execution the military
: powers winch are granted ? | will not deny
| mat roads and canals are useful, or, if YOU
! please, necessary, to- the military operations
OF The government. But this is not the true
! question: Inc real point nf inquiry IS, Is it
necessary io the military operations Of the 20
vFrnment that Congress should possess the
power 10 make tIIcm Roads and canals
would exist iromihe influence Of other causes,
without invoking the agency Of Congress-
! lhey are, ~ already suggested, the natural
and nvariahle accompaniments 0E popula-
ton, 10 every country. The wants and enter
lrisc Of individuals, the common interests of
society, and the psterDal care of The State 20