Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1830-05-14

rouud and bring the dead from regions of darkness tn
light, let no chord of that discussion he struck Till
that tiiuc, let il lie by the wall The General Co
vernment was empowered to make roads of nation
al characters this was the ground assumed THIS re.
quiSitc Of nationality, It was impossible in speculative
reasoning 20 deny. How Tar the condition had been
heretofore, likely To be- observed in practice
every man aware Let il be supposed there was
no constitution IN this Government endyct tho COM
plstc system of State Gcvcrnmcnts subsIsiug wiihi
would its jurisdietion oven them extend CONCUR
rcncc III every function o. the State Govcrnncnt'
Who could he absurd suppose it, Who did
not perceive that tho States were at the same lime
separate jurisdictions and parts of general juris
dctIon and that there must be functions appropriate
to each, and exclusive respectively, of either,
or why the suPeriluity ~ double establish
Inent of authorities, and worse than the superior
~. the mischief they must DC perpotu-
ally conflict, with no limo of domSrcation2 II woul:
be the inevitable conclusion, therefore, that there
Appropriate province of jurisdiction for the nation
for the States. and when any function presen
ted for cScrGIsc. act to BE- performed the proper
inquiry would be, to which of these il be
signed. BY what test was this 10 be decided? OBJ
viously by the uiposc and of the act or ncton.
II the results and Wsrc 70 he nuioRdi. then the
function belonged 70 tho authority Of the nation. and
not otherwise The use then, the test The
application 81 this test neu'ralZed the entire force of
the argument Of the gentleman from PENNSYLVANIA,
(Mr icmphil by whom the bill he'd been introduced.
That gentleman had commended that tue extension Of
road into states than ono of itself conferred
on the road IN" character of nationality But If 1t
tho which gaveits nationality. then he mere
/ eNtcnt of the road entirely immatcrul. A Tnud
OF half mile from a fort might have this character
road passing through Every State in the Union
might want it. The truth of this remark was oppa
rent. Ifthc extension Of o road uadr il ma
tiondl, road passed to the frontier of State
whoutthC certainty Of finding anU,hCr hero to meet
II, every road n frontier must be nutlonal Tho
principle from which his conclusion was drawn pro-
we'd toe much; and must. therefore. b" rejected IL
equally mistake 10 maini in, ms the came gen
tenan had done, TINT order 10 the construction OF
an extensive line ufroad By the States il was noccs
snry mere should be cumPacts between the States
engaging IN tho construction Where was ir, nc
cessl'y' Ifa road made to tho frontier cf one Slate
met another passing 10 the frontier OF the Sat6 ad
loining, there was no need Of State compac,s Vet,
was upon this supposed necessity that The argument
alluded 10 rested tor.it- support. -. p
/ It was the OF a road which constituted The
test OF Its nationality. hat were the uses supposed
10 be Of thus character? Three were cllilrcd-var
/ the mai and commerce between States. Tine con-
Duct OK war the transport Of the ma, and the recu
i7'ion -; commerce between the States were. ruCop-
tested national functions SubsrrycGcc to either of
those therefore, constituted national Of n road
| The question now. il TO BIZ remembered was
not on the authority construct runS for these uses:
that, rs belonging 10 the constitutional inquiry was
point passed by. II was the policy. the udyan
tage OF irs'itutng general system of roads. or of
the construction of this particular road IN the hill
/ DID either OF tn" national uses mentioned or all of
them demand either the general system or ths road
hesc were the points to BE- considered. And first
OF war rms wns n national use. The nation ralrht
make roads for war, IT, and So for as the cXigenc,,
demanded. hBd what was the Character OF thfs-,x-
gency: its extent The cXigeucy was to measure the
PnhGy 10 d,iermme the pTopriety of the particular
ROAD Did this eXigency demand a WIDE spread sys-
TEN OF roads mot N time of peace oGlyl even in time
OF war, HE particular road would be noticed pre-
s'n'y;J me eNgences of war, in this respect, were
not only extremely limited 90 space, bur occasional
only and of uncertain and temporary duration Coull
such eNIgencics found extended system Of roads:
sustain general policy in this respect: The exi-
gencles OF war IN particular circumstances demand
] ca me condemnation of
oHr0S OF towns should be burnt. Would this ius,,fy,
P"llcy VI condemnation oil property and bur
"' 80 5"ofoS o.! towns IN time Of peace or even
N Tine OF war before sp,cni case Of tho r,~ccv
arose? Ihcargument was tn, same as 10 roars G,r
war. The function vas limited 10 the occurrence or
the c%gcncy, and measured by its extent When
special occasion for road the proprjotv of
stFuctihglt stood ON this peculiar and isolated foun-
datIon, apart from any general and systematic no
Icy. -
Then as TO the mail. Was any man foprd . firm
ing thnt roads ought TO be made for the mail merely
supPuslng this To be the only use for lcu,5 No ono
asserted fins proposition. Every one would discl,in
IT, then there was end 10 the SUGGESTION of the
raj policy of making roads
Next, AZ 10 commerce.. The function clgi-,ad for
me general authority m this respect to regulate
commerce was not the construction violent winch
converted power to regulate, into n uccese.,,, "a
htkc roads for commerce, Pass this he ro,,cy.or
rs approaching the constitutional question Subscr
'Iehcy 10 commerce between the States WA g, M,
r. 10, bpl u require the construction, in policy
pV' WFat was Inc Ghcstiou) frOnGs for this obirrt
where there We're none previously to be found-tIat
is 20 say, where tbs fact proved there was no ocr
SION ior thenS If there were occasion for roods
t"ero would havc been roads; or IF there vo-c porc
IN particular directions no evidence could L IT.
thatthoy were not demanded By the eyioenc;cs n
commerce; the discussion, touching nor ON Inc mere
improvements OF roads, but The policy of construrt.l
,IIeHl' ne system found then, not real ,yor-,,.
o'l, y = color md name only, undnr commerce.
TT hrcHcr could now advert he said in The ,v.,
oi Illustration principally, (tbe question rnraon, r5
tCr ofihr particular road which the Tin rrci
ne should touch ts point very briefly oS tj5t vi,,c,
nae O'en most discussed IT. as The opponent of irc
E,n'IoI Pohcy' he had been called upon TO state a
c"s' 10 expose It, he did not know hat he could nave
s"oc'Cd one moro favorable than tho present rroJ
rom the city Of Washington 10 BuiaIo rafioroi AID
necessary! Why' Because the mail has itq ccotrs
nv inc seat OF Government, docs j. fol-
~" I'D, n'HHi"ns OF war and roUps. and The course
o. commerce, muet emanaro RonI the sor,o -,