Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-03-05
gencies the occurrence of which no man could

| foresee.
But, leaving this view ofthe subject, and re-
turning to the principles first laid down, as to
the just extent of the incidental powers of the
government, ask, lift be possible to Justify the
measure proposed, by the application of those
principles. A national system of roads and ca
nails, under the exclusive patronage of Con-
Sress, cannot, III any sense Of tho term, be said
to be necessary to the making and prosecuting
Oh war. Wars have been made and prosecuted,
ana successfully prosecuted, without any such
system. All that can be said of it is, that it
might nave tendency to give greater effect and
increased energy to the exertion of the nation
al force, IN time of war. But, If the power 70
declare war authorizes Congress to do every
thing which may have tendency to add to the
strength aud resources of the nation in 4 mill
tary point of view, then, there is nothing con-
nected with the general welfare, y which Con
gress may not do; for, whatever advances the
interests OF learning, of manufactures, of agri-
culture, of commerce, or, in any manner pro-
notes the internal prosperity of the country,
foertaaoty has tendency to increase its strength
IN conflict with foreign enemy. A principlc
OF construction, leading to such consequences
cannot be maintained. The honorable Sneaker
expressed his acquiescence in the principles as
serted by Virginia, in 1913. Those principles
were embalmed and immortalized in the cele-
hrated report of Mr.. Madison, which has been
mentioned IN the course of this debate. The
principles contained in that report, do not derive
their sanction from the great name alone with
which they are associated. They received a
still higher sanction-that of the American peo
pie. For, it was the potent influence of these
re''y principles, which wrought, by the voice of
| the people, that change of men and measures. in
the administration of the government, which has
been empiatlcally styled, The civil revolution
of 1901. If any writings, therefore, can be
fairly appealed to, as authority, in constitutional
discussions, 1t IS this report. lHere, Mr. Eives
read extracts from " Mladison's report.nl The
| Simple criterion, then, is this-the measure
sought to te adopted, rs incidental TO an express
power, musthave an "iu,mediate and appropr,-
ale relation to that power, as a means necessa-
~ and proper for carrying it into execution.
8 tendency merely, in the measure to pro-
mote an object, for which Congress is authoriz
ed to PROVIDE" does not justify its adoption-
Now, does not all that has been said, and
can be said, in favor of national system of
roads and canals, amount to this-that thew
would have tendency TO promote or facilitate
the operations OF war-not that they have an
immediate and appropriate relation to the DOW
er Oh making war as means, necessary and pro-
per- Tor carrying that power into execution
One of my colleagues (Mr. J. S. Barbour) adj
tai powers, and seemed to think it too rigid, be-
| cause, he said, it excludes choice of means.
Sir, 1t does not exclude choice of means il
only annals that choice. And permit me to saw.
that, In order to preserve the true character of
'his government, It's as necessary to limit the
means OF executing its powers, as to limit the
pooerS themselves; for, in the language of the
distinguished authority which have Just quo
ted, g 1T IS wholly immaterial whether unlimited
powers be exercised in the name of unlimited
powers, or in the name of unlimited means o
carrying limited powers into execution +
But, we have been gravely told, that roads
and canals are Notifications. Why, sir, live
ly imagination, and an ardent zeal, NAV convert
any thing INTO Notifications. 1t NAV be said.
with as much justice, and as little violence of
metaphor, that the hearts of our people are for
tifcations; for, after all, the moral energies of
nation are as important to its defence, as phy-
sical works of any sort. AS a part, then, of
TINS system 9fmihtary dsf fierce, we must estab-
ilsh schools and colleges, to Undue the minds of
our youth with the love Of liberty, knowledge
OF the principles of our free institutions, and
loyal and patriotic devotion to their country
In IKE manner, the granaries of the farmer are
torf!fcations-the workshops of the mechanic
are. fortiicationS-for they furnish the indispen-
sable means of subsistence to the troops, who
are to defend you. Thus, by the magic inAu-
ence OF language, Congress, in the exercise of
It's mthta'y functions, may invest itself with
general and unlimited patronage of all the great
interests of society-its education its apricm-
ture, its industry.
Ii has been triumphantly asked, if Congress
can erect forts and dock-yards, may they not
make roads to go into them? UnGucstionably.
the right to erect these works, necessarily i'm
plies the right Of loay, by which communica
. n no had with a..
road leading to them, the government NAV rem
der IFS right Of tCay efectual, by opening road
for the purpose of communication. But what
Is the road, in this case? 1t is strictly an nm
Purtendnce to the fort or dockyard, and is con
t1aed to the purpose of communication with it,
1t Is thing wholly distinct from system of
internal improvements, having no actual con-
necton with any military work, nor bearing any
peculiar and appropriate relation to military o.
perations. There can be no doubt that the
General Government has right of passage
through the territory of the states for any of it,
lawful purposes, and it may, therefore, in time
of war, open military road, when it is neces-
sary to the accomplishment of any particular
military movement. In such case, it has
right to a passage and there can be no passage
without a road. But the road is then made.
and used, pro hnc rice only, and as soon as the
passage is effected, all property In, or urisdic-
ton over it, ceases and dies. The right strict
ly commences, and terminates with the occa-
sion of its increase. This case, therefore, af-
fords no countenance 10 the claim of general
power to execute and maintain a permanent
systarn Of internal improvements, in reference to
future and remote contingencies, which may
never occur. In the view which have taken
of this subject, l have not found it material to
inquire into the right which has been claimed
tho rpnprnl oroycrnrnenf of rooseo,,,,,-