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

% UT OONEh, VI v a.
On the Bill for obtaining the necessary Surreys
on The subject Of Roads and Canals.
IN THE HOUSE OF REPRESENTATIVES,,
FEBRUARY 3, 1874
MIR. TUCKER, of Va. said, that the gentle
man from n. York tNlr. Storrs) would see,
from the speech of his colleague (Mr. j. s.
Barbour,) who had just sat down, that, with
regard To the constitutional doctrines, which
ne had considered as peculiarly Virgnian,
there was somewhat Of the same diversity in
Virginia as in the other States and ne ought
TO have recoIlected that the same doctrines
had been zealously supported by one gentle
man from his own State, Mr.. Woody and
another from Vermont, CIR. Mallary.) He
had, also, characterized thcarSuments, brought
to support rigid construction of the Consli
tuition, as Virginia metaphysics, and It was not
the first time that the remark had been made
IN that house but If any blame was TO be-
attached to letting the argument turn on mere
political distractions, the other side must
come IN for their full share, as they had drawn
the incest distinctions between municipal
powers, and national and political and various
other species of powers. Mr. II. said, he
| should not follow their example, both because
he had no talent for that species ofreasoning,
and because, after the proposition is establish
ed, that the power in question is municipal or
49,.
nothing IS gained in the argument, and the
parties are still left TO differ about the meaning
OF the terms. He should keep clear of these
rehnements, and endeayor To adhere, in the
discussion, 10 the dictates OF plain common
sense And, although he did not promise
himself that he should change single vote in
the Committee, it was possible that what he
might say, might have some effect elsewhere,
and, though II may fail to convince, it might
excite some traces of thought that may he i'm
proved by others possessed Of greater powers
titan his own.
Mr.. Il. said, he was sorry that so much
tinse had been expended in this debate, to
prove the advantages OF roads and canals This
was surely unnecessary, in the present day. A
large portion of the labor ofevery country is
expended, not in producing useful commodi-
Ties, hut IN conveying them from the parts
where ihey are redundant IL those where they
are wanted-and the saving in this labor of
transportation, afforded by roads and canals.
often makes the difference between a rich and
poor country. He was as sensible of their
advantages as any one, and had been always
Ready 10 contribute his feeble aid in imparting
them TO the State of which he was repre-
sentative. But he was opposed To the system
of which the present bill proposed to Law the
foundation, not only because it was beyond
The sphere ofthe powers coniided TO us by the
Constitution, but because he thought ii Of
dangerous political tendency with regard to the
relative powers of the General aud State Go
vernments, and unwise as measure o. Irrational
economy.
MIR. L. said, he did not propose to say much
on the constitutionalIty ofthe bill, as that
branch OF the shbject had been already very
fully and ably discussed. He should, how
ever, trouble the Committee with some re-
IN oil.
and post roads, in the examination of which,
he hoped he shnuld he excused for indulgng
IN verbal criticism. In doing 81, he should but
fellow the example of the Sp,aker-and, in.
dted, when the meaning of a clause in the
Constitution turns on Il single word, as in this
case, and lis meaning s disputed, there is no
Other mode OF ascertaining the meaning of
that instrument. He thought the meaning
could he missed only by too much subtleiy
ana refinement, as many who might have
found gold, If they had confined themselves TO
the surface, had lost it by searching too deep
for II. The Speaker disclaims all other sources
oi The power To make roads and canals, than
IS tn he found in this clause. If il is here il il
gwen by the word establish. lie says, estab-
llsh means To originate and create, rather than
to adopi or designate. l., in part, agree with
hlm, said Mr.. u. hut il often signifies neither
the ono nor the other. The simple import of
the word is, to give stability TO, and The object
nus made stable, may originate at the same
time, or il may not. Mr.. L. here gave several
Illustrations Of the meaning Of the word, in all
oiwhIch, II signifrd to give stability of some
kIhd-Oi rum. or certainty, or law. 10 no
case OF legislation does it import physical
act. but merely 10 give to some subject The
stability of law. But, if it be admitted that il
IS synonymous with make or create, il would
not advance the purpose ofthe argument, as il
would SIMPLY mean, TO create by legislative
enactment.
Nor mas The Speaker adyerted to the differ
ence between establishing a road and a post
road The State might make the road while
| me act oil Congress made the post road, which
distinction Mr.. II. further illustrated bv EXAM
pies If any doubt, said he, exists on this sub
lect, The sense ~ which the word has been
invariably used by the legislature, from the
origin ot The government, ought to be consi-
dertu as the correct one aud our statute
nook IS illIed with INSTANCES of post roads that
have been established, though no roads have
been made. But, again, Mr.. Chairman. the
:gOr1 establish has no, stronger Specification
than the words abolish or discontinue which AR.
used in cOnradistinctOn to il and vet. when
we speak Of disseminating a post road. no one
considers It as stopping up, or even dlscon-
! tnulug, the rOsd ITSELF hut merely az deprir
ing il ufthe property fbeiog the channel nj
conveyance for the mail, which the law had
! impaired to it and, in like manner, In cstah-
! ish post road is nothing more than To rive
10 road the same property.
Mr. r. said that, 10 expoundiog the consti-
tuition, he had made ii rule, ever since he
had had a seat on that hoor TO avoid refine.
mcnts Of construction as much AS possible
and to understand the language IS II was used
by persons Of plain common sense and thi.
Tor two reasons-one was, thatits wise trainers
NO doubt intended that the words Of an instr,i-