Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-02-06

time, without bearing heavily upon any Of onr
important interests, let us apply ourselves to tas
accomplishment Of what is most practicable
and Immediately necessary.
But what most staggers my honorable friend.
Is the jurisdiction over the sites of roads and O.
Their internal improvements which he supposes
Congress might assume; and he considers TIE
exercise of such jurisdiction as furnishing tie
Just occasion for serious alarm. Let us analyse
the subject. Prior TO the erection of a road
under the authority Of the General Government,
there existed, in the State through which il pas
ses, no actual exercise of jurisdiction over the
ground which it traverses as a road. There
was only the possibility Of the exercise Of such
a jurisdiction when the state should, if ever, Q.
rect such road But the road is made by the
authority of Congress, and out of the fact of its
erection arises a necessity for its preservation
and protection. The road is some thirty or fiftv
or sixty feet III width, and with that morrow IL
mt passes through part of the territory of the
State. The capital expended in the making Of
the road Incorporates itself with, and beco a
part of the permanent and immovable property
of the State. The jurisdiction which is claimed
for the General Government, is that only which,
relates to the necessary defence, protection, and
preservation of the road. 1t is of charter alto.
gether conservative. Whatever does not relate
TO the existence and protection of the road re-
mains with the State. Numbers, trespasses,
contracts, all the occurrences and transactions
society upon the road, not affecting its actual
existence, will fall within the Jurisdiction of the
civil or criminal tribunals of the State as if the
roap had never been brought into existence
How much remains to the State! How little is
claimed for the General Government. Il is
possible that jurisdiction SO limited, SO harm
less, so rinambitious can be regarded as serious
| IV ALARMING tn tho tu of fbr
Congress now asserts and exercises, without
condensation, power to protect the mail In its
transit by the sanction of all suitable penalties.
The man who violates it is punished with death
| or otherwise, according to the circumstances of
| the case. This power is exerted as incident to
that of establishing post Offices and post roads
| Is the protection of the thing il: :ranstu power
more clearly deducible from the grant, than that
OF facilitating, by means Of practicable road.
its actual transportation? Mails certainly imply
! roads, roads imply their own preservation, their
preservation implies the power to preserve
them, and the Constitution tells u.s. in EXPRESS
terms, that we shall establish the one and the
other.
In respect to cutting canals / admit the uu.s-
ton is not quite so clear as in regard to roads
With respect TO these, as l have cndeayored to
shew, the power is expressly granted. In re-
grad to canals, it appears to me 20 be f-rly COM
pretended in, or deducible from, certain grant
ed powers. Congress has power to regulate
commerce with foreign nations and among the
several states. Precisely the same measure of
power which is granted in the one case is con-
ferred in the other. And the uniform practical
exposition of the constitution as to the reeuIa-
ton OF foreign commerce, is equally applicable
to that among the several states Suppose. in
stead of directing the Legislation of this govern
nent constantly, as heretofore, TO the object of
foreign commerce, to the utter neglect of the
interior commerce among the several states. fhe
fact had been reversed, and now, for the first
time, we were about to legisIate for our FOREIGN
trade Should we not, i'll that case, hear all the
constitutional objections made to the erection of
buoys, beacons, lighthouses, the SURVEYS of
coasts, and the other numerous facilities accord
ed TO the foreign trade, whchwe now hear tn tho
making of roads and canals? Two years ago =
sea wall, IN other words, marine canal was
authorized by an act ofCongress, in New Hamp-
SHIRE; and doubt not that many of those voted
lot lot II VINO have now constitutional scruplcs on
this bill. Yes, any thing, every thing, nav be
done for foreign commerce; any thing. every
thing, on the margin of the ocean. But nothing
tor domestic trade; nothing for the treat inte.
rlor of tue country Yet, the equity and the
benctcence OF the constitution equally compre
bends both. The gentleman does, indeed.
maintain that there is difference as to the cha
TaCler OF the faCllIteS IN the two cases. B1rf 7
put it to his own candor whether the only diff.
ference is not that which springs from the ma
ture OF the two elements OH which the two spc-
cles OF commerce. are conducted-the differ
ence between land and water. The principle
is the same whether you promote commerce by
opening for it an artificial channel where now
tlere is none, or by increasing the case or SAFE
ty with whlchit may be conducted through :,
natural channel which the bounty of Prnyi.
dencehas bestowed. In the one case. your oh
Ject is to facilitate arrival and departure f-ot,
the ocean to the land. In the other, il is to a,-
comphsh the same object from the land to tl,e
ocean.-Physical obstacles may be greater II,
the one case than in theother, but the moral ~.
constitutional power equally includes BOTH.
The gentleman from Virginia had, to be sure.
contendud that the power to make these com,
mercIai facilities was to be fot1nd in another
clause OF the Constitution-that which enables
congress to obtain cessions of TERRITORY for a4ne
chic objects, and grants to it an exclusive irr;s-
dlchon. These cessions may be obtained Cov
the :" erection of forts, magazines, 'orsenols
dockyards, or other needful BUILDINGS II !.
apparent that it relates altogether to m;liarv q,
naval affairs, and not to the regulation of com
merce. How was the marine canal covered hv
this clause? is it to be considered as s. need.
ful building!" The object of this power is pcr.
fect'y obvious. The Convention saw that in
military or naval posts, such as are indicated If
was IndrSpensably necessary, for their proper
government, to vest in Congress the power az
exclusive legislation. five claimed over oh.
Jects OF internal improvement an exclusive IN.
rlsdlction, the gentleman might urge, with nnch
torce' the clause IN question. But the claim Of