Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-01-14
SPEECH OF MIR. BENTON, OF Mrssoun

and Canals. DELIVERED APRIL !, 1924.
MIR. BENroN's amendment being under consi-
deration, Mr. Benton and said, he would
compare the provisions of the bill from the House
| OF Representatives, with the provisions of the
amendment which he had submitted, and he
would state the reasons which induced him TO
| prefer the amendment TO the bill
! The bill is general. II places sc, 900 dollars
in The hands of the President, and leaves him
at liberty To select such routes for roads and ca
mails as he shall think proper. 1t contains no
details, neither as to the construction of the
roads, nor ne TO the depth and width Of the ca
mails. 1t contains no Limitation upon the number
OF persons TO be employed in the surveys nor
upon The wages to be allowed them. II asks no
consent from the states to the execution of the
works proposed To be undertaken within their
limits.
The amendment is specific. It places the
same thirty thousand dollars in the hands of The
President, but specifies the routes to which he
shall apply 1t. 1t defines the extent and capa.
city of the intended works. 1t limits the num-
Der OF Surveyors TO be employed, and fixes their
compensation. 1t asks the consent of the States
TO the execution of the works.
| On tins proposition 10 amend, Mr. 3. did not
consider the field To he open for debate on the
constitutionality general exredencv of inter
nal improvements He considered the ,lcbatea-
bic ground to lie between the bill and the amend
"CH'' hcr comparative merits was the object
of enquiry. He would limit himself to it, and
endeavor TO show,
lst. That it is better 70 adopt the specific than
the general provisions.
| I'd. That the routes specified are national.
Sd. That we have the funds to execute them
On the first point-The adoption of the b,li,
with the general provisions, would subject the
President TO a labor which ought not to be thrown
upon him. He is IN Executive officer, created
Jnt.
defined in the Constitution. do not DENY but
that the Congress may add to them, but it ought
never to he done, except in a case of clear ne
ccssity, and here is necessity at all. 1t is a
deception practised upon itself, for the Congress
to suppose that the talent and character of the
President is to be embarked i'm those Legislative
duties annually assigned TO him. He has enough
to do under the Constitution. He cannot quit
! the great concerns of the nation to superintend
these Snbalern affairs. They are devolved upon
some subordinate officer, we know not whom
and the errors and mistakes of the unknown de-
putty, are sanctiiied by the adoption of his august
superior.
| Ii is wrong TO throw upon the President the
responsibility of making these selections They
interest the local feelings of every part of the
/ Union, and every section will claim its road or
canal. If disappointed il will be discontinued,
and nine tenths of the applicants mast be disap-
| pointed. No human being can decide upon their
Earring p"ctcnsIons, and give general satisfac-
ton. W canui,t do it ourselves though. drawn
| from every part OF the Union. The moment we
begin 10 touch tho Internal Improvement Fund,
We take the attitude of lcgatees, dividing the
estate of an ancestor. Each goes for himself.
How stands the question AT this moment in the
Senate! We have one proposition TO divide the
fund according TO the population of the States
another to divide according 10 the rule OF LAYING
direct taxes; a third TO divide according to the
al 81
goes for Shy which it would gain most The
amendment which have submitted adopts
rule of division different from all these: it pro-
! poses TO apply the fund nationally, to make roads
and canals where the national interest requires
them, without regard to population, direct taxes
| or the SIZE OF the states. The Congress can
! agree upon neither, and it throws the RESPONSE
| bilIty of division upon the President. What
will be the result? Why, the President will or
der some routes to be surveyed, and when the
surveys are brought in, and an appropriation is
demanded, all the disappointed may stand to-
gether, attack his selection, and defeat it.
1t is wrong % give TO the President legsla-
tive duty 10 perform. The selection of these
routes is legislative function. 1t involves ap-
preparations and local interests, and may give
great advantages to one part of the Union over
another. Seventeen years ago, it was said by
one of our most eminent statesmen, that s'the
National Legislature alone, embracing every
local interest, and superior to every local Consi
deraton, is competent to the selection of such
national oblects"- (Gaitrtin on Roads and ca
nals.)
1t is wrong TO give TO the Executive Che vast
increase OF patronage which the general proyi-
sions of tins bill will confer upon him. 1t was
said in England, thirty years ago, that tue power
| of the crown had increased, was increasing, and
onght 60 be diminished. The same may csaid
of the patronage of the American Executive;
| and shall we, instead of diminishing, add TO it,
some 30 or 30 millions? Shall we refuse to sit
here and vote upon those routes, in our Charac-
tiers of Senators, and then rush TO the President
and, in the supplicant posture of petitioners,
huinbly sue to him for division of the spoil.
The adoption of the amendment will prevent
all these evils, will save the president from la
Dor to which he ought not to Decentralization
a responsibility TO winch he ought not TO be OK
poscd-irom Legislative duty which does not
belong TO him-fron increase Of patronage
which may bring the members of the National
Legislature, in crowds, to his feet.
The amendment ask for the consent of the
states. The request does not turn upon the no
4 ton that the act o! one state can give power
to the Congress which il has not derived from
the constitution. 1t turns upon the question of
tresspass upon the soil and jurisdiction of So
ycrcign state. The right Of Congress to a2pro-
pirate the money is generally admitted The
great objection is to the right of the federal 60
vcrnment to cntcrth limits of sovereign state,
and dig up its soil, cut down its trees, and tram
pie upon its grass. This involves the idea OF
tresspass upon the soil aud jurisdiction of the
state; and that presents question limited to the
two parties concerned. If the state is sovereign
she can consent to the entry, and waive the sup