Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-03-02

I
Tor These would have been make or con-
sfrucf, and not establish and let me ask, if
one was To inquire who established particu-
lar post road, would the inquiry be understood
10 apply to the construction of the road itself
or To the property or quality which the law
had impaired TO it ? Would any one think of
the spades and sbovels by which the road WAS
made, or merely of the legislature which had
cor erted it into mail route:
| But again, Mr.. Chairman said Mr.. Il. the
power OF constructing reads, insisted on by
the advocates of this bill, is "a much greater
power than that of making them the channels
oil conveying the mail. II is greater n the
cost OF executing it, and greater in its bearings
ana consequences. A gentleman from Penn
sylvania (Mr. Stewart) has told ns, that the
expense of Transporting the mail on the Cum.
bertrand road was formerly sixty dollars per
mile, lnow reduced To thrty,) but the cost of
constructing II has been, believe, upwards of
ten thousand per mile, the interest of which is
rem times the cost of Transporting the mall
Now, surprising the words to be ambiguous
in their meaning, is it reasonable to construe
them TO givethe larger power, when the small
or VIII satisfy the words, and when the fra
ners oil the constitution could so easily have
used the unequlvocal language Of max
ing or constructing roads, if il had been their
Intention to give such power ?
Mr.. Il. then remarked that perhaps he had
said more than was necessary TO show, shat
inns clause did not specifically give the power
10 construct roads, as nearly all the gentlemen
VINO had followed the Speaker, had virtually
gwen up this poiDtby deriving the power from
some other part of the constitution. But
some, who could not persuade themselves il
could be found in the right to establish post
roads, think that it may be found in that clause
winch gives all powers that are necessary and
proper Tor carrying the specific powers into
execution and that the power to construct
| ROADS IS necessary power To give effect to
the power of establishing post roads, in the
limited sense in which we understand it.
But, said Mr.. L. the constitution was made for
,nen ana things as they are, not as they posi-
bly, might be. IL did not mean to provide for
extreme and highly improbable cases. and I
entirely concur with the Speaker, that il is
unfair to test the constitution nv remote nos
sioiiiIes. Those who framed il, knew that
wherever there were people, there were roads
'hat THESE must, necessarily, go hand in hand
with settlement and population that their own
convenience, their necessities, would compel
them to make roads to their ordinary mar
kets, their courthouses, their places of wor-
snip. Sir, ohr whole territory is intersected
win roads, aud there is not, perhaps, square
OF three miles in the United States. having
Is not road sufficient for the TRANSFORMATION
OIL the maj. Nothing, then, can be more un-
necessary than such power in Congress and
when we remember with what cautions and
jealous spirit power was. dOled out to the
general government by the siaies il may fair
~ be presumed that, If they had imagined the
Case IN which the general government had
wanted road 10 opposition to the wishes of
the state through which il was to pass, they
would not have granted the power. Sir, no
questions excite more interest or are litjeat.d
with more warmth, than disputes about roads.
In virginia, contests concerning them are Of.
ten carried on through all the courts. from the
highest to the lowest; and the question is not
tnere, as II commonly IS in ron'e thickIy set
lied countries, who shall have road near
him. hut who shall get rid or il, because il of.
ten imposes on The landholder the burtben of
additional fencing. When they found that
the exercise of Jurisdiction by their own
courts excited SO much heart burning and
contention among the people, it is one IF the
last powers they would have surrendered To a
government that was new and IN manner
foreign to them. Sir in such extreme eases
as have been supposed to show the necessity
OF tnls power, we must always rely on the dis
erection and good sense of those on whom the
constitution was intended to operate, and il
was no moe necessary To provide for them
on this subject, than il was to provide for
compelling the states to choose Senators or
Electors. They will do so for their own sakes.
ana The moment a law for that purpose be-
comes necessary, it ceases To have operation.
and the government becomes dissolved
Against these remote contingencies, the good
sense and good feelings of the people are the
only security.
But, IT has been said, that, If Congress do
not possess the power Of making roads, a state
may obstruct the mail when il plpases But.
can am thing be more imprShable than tb,.
supposltlon That the people will deny them
selves the convenience and benefits of the
mail, OF hearing from distant friends, of cor
responding on business, of gratifying their Gu
rIos'ty, Tor the mere purpose 0f tb varting IN,
GENERAL Government? Sir in the times of
the most violent party spirit, IN the hottest op~
position that the government has ever expe
J rienced, no one, not even the Hartford Com
ventlOn, would have purposely given anv OH
structions tO the mail. They were all any
ious to get the news and il IS absurd. (ir So
lndecorous aD expression may be aowed.l fo
suppose, that men are To act against their mos,
natural feelings, and their planest interests
| ~, however, there should be orrasion1l in
stances of wiliu obstruction, the l,sy mae art
on The indisiddal, and that affords sulTcien,
security to the interests of th. general pn
vernmpnt.
! Mr. T. said If was unnecessary fo take mn
inrthrrlime ON this clause NE would. however.
before he dismissed IL, make single remark
~ reply 10 the gentleman from New York
Mr. Sturrs,) who had supported the Speakers
construction of this clause. IN one particular,
said Mr.. II. agree with him II, TO establish
means to credie. | admit that he has establish
dthe principle he insists on for, It is not IN be-
found ~ the Constitution. But this is sense
IN which believe few will concur with US
! Me-. II nnw adyeried to the mower of tequ-