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

| So"6'eos eue power VI creating channels of
communication, which would certainly grow
out OF the wants of society and the beneficial
superintendent Of the State governments
| All that was necessary, was to give to the gen.
erai government the right of usng these high
ways, IN prosecuting It's military and other
LAW ul operations, and this right is conceded
to 1t in the fullest extent. Will any gentleman
deny that food and clothing are necessary for
the subsistence Ofthv soldier as roads for hin, to
march upon? And yet, it will not be contend
ed that Congress has authority 10 condemn
ana occupy large portions Of the territory of
the States Tor farms to produce the one, or
factories to supply the other. Why? Be
cause the natural wants of society furnish the
best security that these articles will be produ-
ced, and render il unnecessary To invest the
government with any authority for the pur-
pose. But II is said that, in the defence of
the country, and the military operations con-
ntcted with 1t, other and better channels of
communication would bereguired than those
aTeaoy existing under the authority of the
states Let us pause. and ser TO what extent
this idea would carry us. We ave an exten-
slve frontier, and are exposed ~ attack on
every side OF it On the Atlantic coast we
are exposed to the hostilities CfaDy + european
power, and, through the whole extent of our
inland frontier, we are liable to the inc,n siuns
oN' - oP"'Hot; duu IbuISn nGlgnD DgS-
II we undertake system of roads and canals
with view 10 facilitate the operations of w:r,-,
as II Is uncertain in what Quarter we shall be
assaulted, we must extend them to every point
OF our frontier. The whole face of our i-rri-
tory would thus he covered with military roads
and canals. is net this sOecicm i'm legislation?
MILITARY roads s. canals, which would be sised
for civil andcOminrrcial purposes more thaa
thousand times Tor once that they would be
applied to military purposes! Whether they
would ever he used, indeed, for military pur-
poses, would depend upon remote and dubi-
Gus. contingencies, the occurrence of which
no man could foresee.
But, leaving this view of the subject and
returning To the principles first laid down, as
to the just extent of the incidental powers OF
The government, ask, if il be- possible To JUS
NY the measure proposed, by the appca ton
OF those principles. A national system of
roads and canals, under the exclusive pair on
age vi Congress, cannot, in any sense OF the
term, be said To be necessary In the maxi ng
and prosecuting OF war. Wars have been
made and prosecuted, and successfully pros u
cut'd' without any such system. All that can
De SAID vi II is, that II might have u tendcnc
10 give greater effect and increased energy tn
the cXeriion of the national furce, in time of
war. But the power to declare war authu-
riHes Congress To do every thing which may
have tendency TO add to the strength and
resources OF the nation, in ii military point OF
view, then, there Is nothing connected with
the general welfare" which Congress NAV
not do; for, whatever advances the interests
%! learning, OF manufactures, of agriculture, OF
commerce, or, 10 any manner promotes the
internal prosperity OF the country, certainly
mas tendency t" increase lis strength, in a
conflict with foreigu enemy. a principle of
Tn
cannot be maintained The Hon. Speaker ex-
pressed his acqniescence in The principles as
s"itedb by Virginia, in '98. Those PRINCIPLES
were cmbalmed and immOrtaiiztd in the ceie-
DRAFTED report of MIR. Madison, which has been
mentioned in the course Oi this debate. The
principles contained in that report, do not de-
rive their sanction from the great name alone
with which they are associated. They re-
ceIved still higher sanction-that of the A
merlcan people. For, it was the potent influ-
ence of these very principles, which wrought
ny the voice OF The people, that change of
men and measures in the administration of
the government, which has been emphaticaIly
styled, The civil revolution of 1901 Ifany
writings, therefore, can be fairly appealed To,
as authority, IN constitutional discussions, il
IS this report. Here, Mr.. lives read extracts
from MadisOn's report."l The simple cri-
terIOn, then, is this-the measure sought TO
he adopted, as Incidental to an express power,
must have an immediate and app Opriaie
relation 10 that power, as means necessary
andsproper for carrying il into execution."-
" A tendency merely, in the MEASURE 10 pro-
mote an object, for which Congress is au.
thorlzed I0proylde," does moi Justify its adnp-
ton. Now, does not all that has been SAID
and can be said, IN favor of national system
ofroads and canals, amount 10 this-tha; they
would have Il tendency 10 promote Or racili-
tate the operations OF war-nOt that they have
an immediate and appropriate relation TO the
power OF making war--as means, necessary
and proper for carrying that power into rxe-
cutlOn. One ofmy colleagues MIR j. S. Bar
bOur) adVerted To this rule for the deduction
of incidental powers, and seemed TO think i,
TOO rigid, because, he said, il excludes a choice
OF means. Sir, ii does not exclude a choice
OF means IT only limits that choice. And
permit me to say, that, in order 10 preserve
TIE true character Of this government, il is as
necessary to limit the means of extending its
powers, AS to limit the powers themselves
Tor, IN the language the distinguished autho-
rlty, which have Just quoted, It is wholly
Immateridl whether unlimited powers be ex.
ercised IN the nar'a Of unlimited powers. or
IN the name OF unlimited means Of CARRYING
limited powers into execution"
But, we have been gravply told. that roads.
and canals are Notifications Why, sir. a live
~ imagination and an ardent zeal. may con.
| vert any thing into Qualifications. II may be
said with ~ much justice, aud as little vio-
Ience OF metapOr, that the hearts of our peo-
pie are notifications for, after all, the II, o.
RAJ energies OF nation are AS important to
its defence, as physical works Of any SORT
As part, then, of this system of military de D.
fence, we must establish schools and colleges
to Undue the minds Of our youth with the.
love Of liberty, \ knowledge oG tue principles
Of our free institutions, and loyal and pa