Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-10-13


the property therein, subject TO the authority Of the
General Government
/ Mr. M then proceeds to expatate on the bene-
hts OF such an Institution.
The other passage to which you refer is from the
Message of the Sd of Dec. 1916:
The importance which have attached TO The
establishment OF a University within this District,
on scale, and for objects worthy oil the American
! nation, induces Inc TO my recomme ndaiion OF
II to the favourable consideration of Congress.
And particularly invite, again, their attention 10
the expediency of exercising their eristing po,c.
eTs' and, iohere necessary, of resoriing TO the
prescribed mode OF enlarging them. in order to eff
iectraie comprehensive system of roads and ca
nails, such as will have the effect Of drawing more
closely together every par, OF country by pro-
| noting intercourse and Improvements, and by in.
creasng the share of every part in the common
stock of national prosperity
Take these extracts with the benefit of your
own Italics, and what do they amount to? They
snow that Mr.. Madison was strongly impressed
with the advantages of national roads, canals, and
Seminary OF Learning at the Metropolis of the
Union On the'last subject, he seems 10 entertain
no constitutional scruple, provided, it were found
ed " with means drawn from the property (the
City lots, owned by the government, } .s,s thin he
District OF Columbia. " We confess that so far as
IT goes, 1t is on side of the question; and we
were so unfortunate at the time was delivered 10
express the same opinion abou, it that we enter
tai. at present. We do not exactly see how il is
thai because the lots lie within the District of Co
lumbia Congress has right to use them for the
foundation OF an University They are part of
the National Domain, much as the lands in
michigan or Missouri; and the right TO appropriate
them IN this manner depends upon the general
question OF power. This distinction however an
peared o Mr.. NJ. sufficient to take the Universtv
OUT OF the general power: But so, does Mr.
Adams place it. He goes for the whole. He
Claims the power of establishing University in
any way whatsoever, without the slightest reser-
WALTON or condition. So far then, Mr. Madison
clearly falls short of the views of Mr. Adams.
but what shall we sag OF the power over Inter
nal Improvement? Mr.. Madison does no, lose
sight OF the Constitution; but in these two MESA
ges his ideas are not expressed with his usual nre
clsion Having, we may presume, the Cumber
land Road before him, he falls into the two phrases
oil any defect OF constitutional authority ,, and
=" tohere necessary" but when he looks ~ the
general power ITSELF it is then most srob.bIe Tho
= defect OF constitutional authority meets his At.
tention, and the proper " mode" by which il i. n
De supplied. It's then that he advises Congress-
10 " resort to The prescribed mode of enlayeing
ehem. But why should we resort TO any nrs
sumpuve interpretation Has not Nh Madison
himself cleared up every doubt on this subject Has
he not written his opinion in lines az briob ,s
Il. X nj
March 3, 1917, all difficulty vanishes.-It ,s in
deed memorable Message. The question of
foad' and Canals had teen then fully discussed -
IL mad undergone ordeal in both branches of
Congress. The bill establishing a system of In
ternal improvement was Anally submitted to him
tor his appreciation The veto which he gave to
1t was on the very last day of his political life.
l MS Message may be considered in the light of a
testamentary bequest TO all his countrymen- what
does it say?
Having considered the bill this day presented
to me, entitled &c an act 10 set apart and pledge
certain funds for nteral improvements and which
sets apart aud pledges funds, for constructing
roads and canals, and improving the navigation Of
water courses, in order TO facilitate promote and
give security TO internal commerce among the several
states, and TO render easy and less extensive
the means and provisions for the common defence, %
| am constrained, by the insuperabe difficulty
ieel IN reconciling the bill with the constitution of
the Unied States, TO return it with that objection
to the House OF Representatives, in which IT orie-
mated"
" The legislative powers, vested in Congress,
are specified and enumerated in the Sth section of
the lrSi article OF the constitutions and it does not
appear that The power proposed 10 be exercised by
the bill, is among the enumerated powers; or that il
tails, by any just Interpretation, within the power
TO make laws necessary and proper for carrying
INTO execution those or other powers vested by the
constitution In the government of the u. States
=" The power to regulate commerce among the
several States" cannot include power to con
struct roads and canals, and to Improve the nayi-
Cation oil water courses III order to facilitate pro
mote ard secure, such commerce. without a lati-
tude of construction, departing from the ordinary
import OF the terms strengthened by the known in
convenience which, doubtless, led to the grant of
this remedial power to Congress. To refer the
powe' In question, to the clause 4" to provide for
the common defence and general welfare . would
be contrary to the established and consistent rules
OF Interpretation; as rendering the special and care
fu enumeration of powers which follow the clause
nugatory and improper sc.
" AresIrction of the power to provide for
the common defence and general welfare to cases
which are to be provided for by the expenditure of
money, would still leave within the legislative
power OF congress all the great and most important
measures OF government; money being the ordinary
and necessary means OF carrying them into execu-
tion,'' &c.
6 am not unaware of the great importance of
hoads and Canals, and the impro owed navigation of
water courses; and that power in the national Ie
Slslature to provide for them, might be exercised
WIN signal advantage TO the general prosperity-
bul seeing that such power is not expressly civ
en- by the constitution; and believing il cannot be
deduced from any part of it, without an inadmissj-
bic latitude OF construction, and reliance on in
suihcent Preoedents; believing, also, that the per-
msnent success of (he constitution depends IN
definite partition OF powers between the General and
the state Governments. and that TO adequate land
marks would be left by the constructive extension
OF the powers OF Congress, proposed in the bill ,
have no option but to withhold my signature
from it, chersbing the hope, that its beneficial OBJ
Jecis may be attained, by resort for the necessary
powers, to the same wisdom and virtue in the ma
ton, which established the constitution in its actual
form, and proyidentlv marked ont in the ,r,o,