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


nj 10 the power of declaring war than To raise
and support armies, provide and MAINTAIN "a
navy, make rules for the government os the
land and naval forces? And vet il was thought
necessary 10 give these aud oiher similar pow
ers by direct and explicit declarations in tn.
constitution Ii will not h- said that roads
and canals bear a more direct and immediate
relation In the military and commercial pow
ers of the government, or are of lass dignity
aud impuiiance in their character, than ma
ny of the pnwers just enumerated. Why,
then, vii! ask the gentleman from Delaw are,
If the power To make them Was intended to
he given, was it not, in like manner, distinctly
granted
In inquiries Of this sort, Mr.. Chairman, the
opinions ofno man, however illus,ri0us 10y his
virtue or his wisdom, ought To preclude the ex-
ercise of our own deliberate Judgments. There
is, however,, degree Of respect which all ac-
knowledge To be due To the opinions Of the dis
tinguished men who either participated in the
formation ut our government, or have since
borne conspicuous part in its admnst,i-
ton. IL Is known TO the com mittce that three
successive Presidents of the United States
have felt II their duty 10 announce Ia Congress,
IN the most solemn form, their settled cuDvIc-
ton that this government does not possess the
power now in question. | will not, however,
insist upon their testimony, because they are
Virginians, and we have abundant evidence
that NirSi nia politics have gone out of "a, or.
There is an authority, however, which vii!
quote, and the weight of which | feel myself
entitled 10 press upos this committee. II is
that of Alexander Hamilton. His opinions upon
this subject are of peculiar value, not only
because he was member Of the con, ention
which framed the constitution, aud one of the
hnr
pr inciples, but because he is known 10 have
INDUCED strong bias in favor of the powers
of the general government, aud to have adopt
ed the most liberal doctrines in their inter
probation. Yet, even Mr.. Hamilton, with all
his leaning towards federal authority, could
find no warront in the constitution for the
power to Nuke roads and canals. In his Re
port on Manufactures, after speaking of the
importance of roads and canals Ia the pros
periy ri manufactures, and mentioning several
reasons why il is desirable that the general
government should possess the authority IL
m2ke them, he concludes by saying these
circumstances "reDder il wish Of patriotism
that the general government "were at liberty
to pursue and promote the general interest
by adopting national system Of internal i'm
prorements. Here, then, we have an une-
qnivOcal admission that the general govern
sysicm-an admission the more precious, be-
cause it is evidently made with great re-
luctance.
In answer to remark made by one Of my
colleagues, tMr Archer that, at the time OF
the adoption Of the constitution, no allusion
was made 10 the existence Of such a power as
IS now claimed, a gentleman from New York
Mr Storrsl mentioned an amendment to the
constitution which was proposed by Mr..
Jones IN the convention Ofthat state, the sub
stance of which was, the power To- establish
post roads should not he construed To extend To
the making, laying out, & repairing of roads in
the several states, without their consent. This
amendment cannot be fairly considered even
as evidence of Mr.. Jones's opinion, that Con-
stess possessed the power To make roads I'M
der the clause of the constitution referred to.
a that II proves is, that Mr.. Jones appre-
iIended that this clause might hereafter be
construed TO give to Congress the power 10
make roads, and that he wished, in such an
event, to render Its exercise as innocent as
possible, by requiring the previous consent OF
the states in which the roads should be laid
our. The very first of the actual amendments
to the constitution p,lares that Congress
sh make no law restraining the free exer-
else of religion, abrdging the freedam OF
speech or ef the press, or the right Of petition
ing" Is il Ia be inferred from this amend
ment that, without il, Congress could lawfully
have done the things Inhibited by it? pre-
sumo not. The truth is, that thus and seve-
raj other amendments arose from spirit of
Jealous caution, and an apprehension Of future
encroachment from the general government,
and furnish no eyideuce Of the opinions en-
terianPd Of The real extent of the powers
granted
But, whatever may have been the opinion
Of Mr.. Jones, ! NAV he permitted 10 oppose
to II the authority of Patrick Henry, who, in
'he debates Of the Virginia convention, after
depicting in the most glowing colors what he
deemed the vast powers of the general 60
vernment. and the dangers of consolidation,
concluded by saying, all that is left to the
states is. to take care of the poor make and
repair highways, erect bridges" &C. Even
this jealous guardian of state rights, who
described the remotest dangers which threat
rned the safety OF our republi :an institutions
and snnlFrd the approach of tyranny in
every tainted breeze" even he while he he
feved that every other power was swallowed
up by the general government, was satisfied
thar this portion Of sovereignty, at least was
left entire To the states. And, if he could
have fOresPrn the attempt which is now made
10 appropriate to the general government this
portion of state sovereignty, none would have
alarmed him more. for none is more directly
calculated To lead 90 consolidation. II is a
power which comes home 10 the business
and hosoms ofthr people; it approaches their
iiresidrs, and touches their most intimate
domestic interests. If the inhabitants Of the
states, instead ut hooking tn their governments
at home, are to look to The general govern
nenf. las they certainly will, If this system
should he adopied,) for the ordinary facilities
oftra'elliog and transportation, then the state
governments hecome useless machines, and
are n"tw0rih the expense Of maintaining. You
snpersede them in the exercise Of their most
appropriate functions, and dissolve the strong