Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-02-13

be taxed for the benefit of few, thus granting
to some, valuable exclusive privileges at the cost
OF all. Mr.. Clay argues, and will not deny it,
that Congress has right to keep its Post roads
IN repair, and, he asks, sc may it not repair in
the most etfcacious manner ?n | answer, yes.
II the repairs are such as are necessary for the
transportation of the mail, but it may not for any
o.her purPose.-Tcst this, by asking Mr.. Clay,
he VIII incur the expense of a great national
road for the transportation OF the mail SOLELY
he Will say, no, but if national road be made
the mail may pass ON it-indeed, and if burn
down my barn may, drive away the rats, but
the means are wonderfully disproportioned to
the object. MIR. &. is an enemy to extremes in
arguments, why then will he have his Post roads
SO extremely good and why does he suppose
the very extreme case of n state DENYING pas-
sage along its roads to the United States mail,
Mr.. &. contends that no dminution of the So
vereignty Of the States will result from recop-
nlzing the power of internal Improvement. and
yet he says that the right to establish post roads
confers on Congress the right to enact penal
statutes for the protection of the mail in tram
siter'-And is It doubted, if roads are establish
ed by the General Government, for the trans
portation of merchandise and produce, that II
will not receive or usurp the power to protect
these, also Gin transitu." Will not such roads
become absolute " Kings highways IN And will
not crimes committed on them, be punishable in
the courts of the U. S. fond as thew are of the
common law as offences against the peace and
dignity the Union9
As to the cutting of Canals, MIR. C. comedies
that it is not clear as the right to make roads
and, yet, methnks he might as well have dedu.
ced 1t from that power, as from the one to which
he has resorted; for the digging of a canal is at
ieast as y germane" to the making of road, as
to the regulating of commerce. And here. il
might be fair, to retort upon Mr. C.. little of
his own grammatical precision, and ask him
where he learned that to regulate means to ORR
giaate or to foster. If Mr.. Monroe has said that
The power to regulate commerce merely autho-
rlzes the laying of imposts and duties, it by no
means follows, as Mr.. G. would have it, that the
power 10 regulate the commerce between the
several states, means, either nothing, or else,
the powe' 80 anals-Congress canno; la
lTlposts or duties on the commerce of the sever
al states but it has the power to regulate tbe;r
comm cree, for the purpose, as presume. of pre-
venting one state from levying such customs on
the imports orexports of others, And as ma
turai consequence of this grant, it is expressly
statei, IN another actice of the constitution that
10 state SNAIL lay such customs without the con-
sent OF Congress. After all Mr.. Monroe NAV
nave oeen mistaken, and in any event, Mr.. C.. IS
'''S i'>t iiidu VINO STOulu nave founded aro-l,-
inent on the fallibility of the Presidents opin-
IONS lCongrcss have power to establish ports of
entry, harbors, seamen's hospitals, with physi-
clans and attendants, laws for the government
OF Mariners &c. &c. most of which NAV be de-
duced from the power in question, since thew
may not be considered branches of the reyenu.
laws-That a marine canal has been unconsfi-
tutlonaiiy built in New Hampshire, is no good
reason than an inland canal should be uncon
additionally dug in Kentucky.
As to Mr.. Clay's arguments on the expedien-
cy OF the system of internal improvement, they
are, IN my mind, yet more llacious than his rea-
soning on the constitutional question. shall
not however notice them now, for were they as
true and sound, as believe them to be false. I
trns! we have not yet learned to do i'll that rood
may succeed. Whenever the const, u .ional
barrier to the progress of internal Improvement
shall be broken down, it is my wish, but not nv
expectation, that the Independence of these
states may withstand the torrent of corruption
which will be poured over this land.
FRANKLINIAN.