The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1839-02-02

Of lighthouses beacons Sc can be accounted for and
have been accounted for Pausby at least without re-
fernng them 10 the power OF regulating ioreign COM
merce Il is not necessary for me TO decide under
what clause OF the Constitution these buildings were
erected will only say, that both Of the explansions
Just mentioned are as satisfactory TO my mind, a.
the which refers them to the power OF fsgndnHg
foreign Gentlemen have taken for granted
without offering prore that they were erected under
this clause of the Constitution for the sake presume
Of the precedent would afford them, in the inerprets
ton Of the power 10 regulate commerce among s stafes
beg leave, however, 10 say, that, whatever may
have been the construction Of the constitution under
which these lighthouses were built or any DINER act
that has been done by preceding Congresses leannot
regard such construction as legitimate and conclu-
sive evidence Of the true meaning OF the constilu-
ton, and binding upon ourselves and our successors
The gentleman from Delaware said II was great
error to consider the authority TO make roads and
canals as a distinct, instead Of subsidiary power
If any power, from its magnitude and extent ougnt
TO be regarded as distinct and independent power
1t is this. The constitution has granted, by dtstnet
clauses, several other powers which might, Win
much more propriety, have been regarded as subss-
diary powers and left to implication. What would
seem more naturally 70 sPPertain to the rsgaa..e~s
coming money, the pery instrument OF commerce, OF
fixing its value, of establishing common standard
of weights and measures, uniform laws on the sub
ject OF bankruptcy, and post Offices and post roads
Yet all these powers the subjects of express and
distinct grants! What could more properly be con-
sdered as incidental to the power Of declaring war
than to raise and support armies, provide and main
tain navy make rules for the government OF the
land and naval fyrces7 And yet it was thought
necessary give these and other similar powers by
direct and explicit declarations in the constitution!
It will not be said that roads and canals bear
more direct and immediate relation 10 the military
and commercial powers OF the Government or are
of less dignity and importance in their character,
than many of the powers Just enumerated why,
then, will ask the gentleman from Delaware, II The
Ia hax, inf cd IN he Oily
il not, in like manner, distinctly granted2
In inquiries of this Sort Mr. Chairman, the opinions
of man. however ilusrous by his virtue or his wis
DOM ought preclude the exercise OF own delibe-
rare judgments. There is, however, adegree OF re-
spect which all acknowledge to be due to the opinions
Of the distinguished men who either participated IN the
formation Of government, have since borne con-
spicuous part in its administration 1t is known to the
committee that three successive Presidents OF the UNI
ted States have felt it their duty to announce to Con-
gress, the most solemn form, their settled conviction
that this does not possess the power now IN
question | will not however, insist upon their testi-
mony, because they Vuginians and we have album
dant evidence that Virginia politics have gone out OF
favor. There is an authority, however, which VIII
quote and the weight Of which feel myself entitled to
press upon this committee. 1t is that OF Alexander
Hamilton. His opinions upon this subject are OF peeu-
liar value, not only because he was member OF the
convention WEIGH framed the constitution, and one
Of the authors Of the celebrated commentary up
on it's principles, but because he isknown to have
INDUCED strong bias in favor of the powers OF
the general government, and to have adopted the
most liberal doctrines in their interpretation Yet,
even Mr. Hamilton with all his leaning towards federal
authority, could find warrant in the constitution for
the power make roads and canals. In his Report on
Manufactures after speaking of the importance OF roads
and canals to the prosperity of manufactures and men
onng several why s desirable that the gene
raj government should possess the authority to make
them, he concludes by saying, these circumstances
"reEder it aeish Of patriotism that the general 60
vernment "were at liberty to pursue and promote the
general interest" by adopting national system OF inter-
nal improvements. Here, then, we have an unequivo-
cal admission that the general government is not now
sat liberty" to adopt this system-an admission the
more precious because it is evidently made with great
reluctance.
In answer to remark made by of my colleagues,
(Mr. Archer) that at the time of the adoption of the
Constitution, ausion made to the existence OF
such power is claimed, gentleman from New
York {hir Storrs) mentioned amendment 10 the Goa
sution which proposed by Mr. Jones in the con-
vention OF that State the substance OF which that
the power TO establish post roads should not be con.
strued extend the making laying out and repairing
Of roads, in the several States, without their consent
This amendment cannot be fairly considered
evidence of Mr. Jones' opinion that Congress possessed
the power make roads under the clause Of the Con-
stituon referred TO. All that it proves is, that Mr.
Jones appehended that this clause might hereafter be
construed 10 give to Congress the power to make roads,
and that he wished in such event, to render its
else innocent possible, by requiring the previous
Of the States in which the roads should be laid
out The very first Of the actual amendments to the
Constitution declares that Congress shall make law
restraining the free exercise Of religion abrdgng the
freedom OF Speech Of the press the right OF petit
tioning" Is to be inferred from this amendment that
without it, Congress could lawfully have done the
things inhibited BY it presume not. The truth is,
that this and several other amendments from
spirit of jealous caution, and apprehension of future
encroachment from the General Government and fur
nish evidence of the opinions entertained of the real
e1tcnt Of the powers granted
But, whatever may have been the opinion of Mr..
JONES' may be permitted to oppose to it the autho-
rity of Patrick Henry, who, in the debates of the
Virginia convention, after depicting in the most
glowing colors what he deemed the vast powers Of
the General Government, and the dangers of con-
solidaon, concluded by saying, all that is left 10
the States is, to take Of the poor make and re-
pair higha1ays, erect bridges" &c Even this jealous
guardian of State rights who deserted the remotest
dangers which threatened the safety of our republic
can institutions, and "snufed the approach Of ty-
ranny in every tainted breeze" even he, while he
believed that every other power was swallowed up
by the General Government was satisfied that this
portion of sovereignty at least was left entire 10 the
States And, if he could have foreseen the attempt
which is now made TO appropriate to the General
Government this portion of State sovereignty, none
would have alarmed him more, for none is more
directly calculated to lead TO consolidation. 1t is a
power which comes home TO the business and bosoms
of the people, it approaches their fresides, and
touches their most intimate domestic interests Ii
the inhabitants of the States, instead of looking to
their governments at home, are 10 look to the gene
raj government Gas they certainly WILL if this system
should be adopted) for the ordinary facilities Of
travelling and transportation then the State govern
msnts become useless machines, and are not worth
the expense of maintaining. You supersede them in
the exercise of their most appropriate functions and
dissolve the strongest tie which connects them with
the people Of the States. What then, becomes Of
the boosted equilibrium of our system, which has al
ways been regarded the best preservative of our
liberties? 1t is gone: is doubly gone. You de-
stroy it, not enlyby taking away, in effect an i'm
portant power from the State governments, but BY
of patronage and Of influence, into the hands OF the
General Government.