Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-03-09

Incidental powers, this should be regarded as an
exception. Without tbs incidental power, the
principal power might be rendered migratory.
either by the caprice of state government, or
oy the obstacles of nature. TocOntend, there
lore, that we cannot make post roads, because
''to establish does not mean "to make, - is not
more reasonable than ii would be to maintain that
tins government cannot make war, because &C To
declare" does not mean &c to make.n
beheye every gentleman who has opposed,
IN TINS DEBATE, the power of Congress to make
post roads, has distinctly admitted its right to
exercise conservative power over such exis-
ting roads as it may establish This, indeed. is
clearly embraced in the idea of giving firmncss
and stability, which enters into their definition
OF the word establish Now sir, if this gov
eminent has the power to maintain and keep
up road, against the consent of state, and to
prevent, by the highest sanctions, any obst:uc-
IONS, even If attempted under the authority of
state, would be thankful to any gentleman
who would present an ineligible ide, nf the
additional act of Sovereignty cxertcd in making
road rs relates to the question of sovereign
", the power to maintain a road, against the
VIII OF state, is precisely the same as the pow
er to make it-with this difference in point of
iact, that the latter exercise of power would be
generally more beneficial to the states.
"ou'u dSh lie SeUtlcInen on inc OppO-
site side of this question, whether this govern
ment has not right, and has not invariably ex-
ercised 1T when necessary, to erect buildings for
the use OF the post Office establishment. They
have not only the right TO purchase the soil fo.,
the purpose of erecting post Office, without
the consent OF state, but they have a right to
take 1t, without the consent of the owner, and
with no other restriction than that prescribed
IN the Constitution, that 3" lust compensation
shall be made" Now, ifthe power to establish,
a post office, involves the incidental RIGHT to
make it, the power to establish a post ROAD, in
wolves the right to make that also. Itwould be
an terPerversion of every just principle ofcon-
structlon, to ascribe TO the same word two diff
terent meanings, asapplied to two subjects stand
ing IN precisely the same relation to it. and ir,
the same sentence.
will now proceed, Mr.. Chairman, to con
slider those clauses of the Constitution, which
confer upon this Government the power to de-
clare and prosecute war. The obvious, and.
indeed, the express intention of these clauses,
was, to clothe this government with the whole
military power of the nation; to enable it to
provide for " the common defence and general
welfare" of the Republic.
To suppose that the trainers of the Constitu-
ton intended to confer upon Congress the pow
er to declare war, and to deny to it the means
oil giving to that power the most efficient opera
ton, Is, IN effect, to suppose they intended to
impose duty upon Congress, and withhold the
means OF performing it. But, gentlemen dcnv
that roads and canals can be fairly regarded as
The means OF prosecuting war. Sir, | am per-
fectly willing to rest this question upon the rule
laid down by the honorable gentleman from
Virginia, Mr.. P. P. Barbour who opened the
debate in opposition TO the bill. He says, that
no act of the government can be justified, as the
means of carrying INTO effect any power of the
government, which has not sc direct and ap-
propriate relation" to the ends which that power
was intended toaccomplish. Now, lift cannot be
satisfactorily shewn, that roads and canals have
a. direct and appropriate reiaiOno to the mill
tary defence of the country, will surrender the
whole argument. Sir, what is the situation of
this country, In reference to its capacity for de-
fence' There is not nation on earth abound
ing so much iii the elements ofstrength, that is
SO much weakened by their diffusion. And
every one knows, that not only the increased
energy, but the very existence of military pow
er, depends upon the concentration of these eIc-
ments. Ii, by Judicious system of roads and
canals, we double the facilities of military
movements, and the rapidity with which the
forces OF the country may be brought to bear
upon an invading force, we increase, in nearly
the same degree, our defensive power If. by
the same means, we enable the government to
transport arms, munitions, troops, and subss-
tence, for one fourth of the price it would now
cost, we quadruple the power of the country, So
Tar as money is to be regarded as an element of
military power. These hypothetical cases, 50
lar from beng extrayagant, are short of the re-
atty. If this were not apparent, from mers
inspection of the map of the country, it couli
not tail to be deeply impressed upon us, by the
disastrous experience of the recent war with
Great Britain. We cannot have forgotten the
waste OF life and treasure, which we sustained
ON the North western frontier, principally for
the want OF facilities of transportation. The
extraordinary expenses OF single campaign.
I'm which flour cost the government upwards
OF one hundred dollars barely arising from
this deficiency, would defray the expense of the
most important of the roads and canals, contem
plated for military purposes. Can it, then, be
doubted, that roads and canals have a direct
and appropriate relation to the military defence
Oh the country Let us suppose, sir, that any
one, or combination, of the great powers of ti.c
world, should wage war of determination q
galnst this Republic. l will not undertake to
say, how probable such an event NAV be. or
how remote but, in discussing the constitutional
Poieer of this government to defend the country.
we are bound to regard all those combinations
and vicissitudes of human affairs, of which his
tory furnishes so many examples. Upon what
then, would our safety, and even our existence,
depend, if those combinations and yicisstudes |
should cover our coasts with the hosts of an in |
yader, aiming to extinguish, in blood, the light
OF our example Sir, the ,choie power of the
country would be called in reuuisition and |
need not say now much of that power, both as |
II regards men and subsistence, lies beyond the
mountains In an emergency, such as | have |
supposed, at least, fourth part of the military
energies of the Republic would be almost Ell !