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


Of society and the benehcent superintendent Of the
State governments All that was necessary, was to
give to the general government the right of using these
highways, in prosecuting its military and other lawful
operations, and this right conceded to in the fullest
extent Will any gentleman deny that food and clothing
necessary for the subsistence Of the soldier
roads for him to march upon And yet It will not be
contended that Congress has authority condemn and
occupy large portions of the territory of the States fol
farms to produce the one, or factories supply the
other. Whya Because the natural wants Of society
furnish the best security that these articles will be pro-
duced, and render it necessary invest the govern
ment with any authority for the purpose. But is said
that, in the defence Of the country and the military op
eratons connected with other and better channels Of
communication would be required than those already ex,
listing under the authority Of the States Let pause
and to what extent this idea would carry We
have extensive frontier and exposed to attack on
every side of it. On the Atlantic coast exposed
to the hosities Of any European power and, through
the whole extent Of inland frontier, arc liable to
the ncursons OF British, Spanish and Indian neigh
bors If we undertake a system of roads and canals
with view to facilitate the operations Of war, 1t is
uncertain in what quarter shall be assaed we must
extend them to every point of our frontier The whole
face of our territory would thus be covered with military
roads and canals Is not this solecism in legislation
Military roads and canals, which would be used for
cira and commercial purposes more than thousand
times for that they would be applied to military
purposes! Whether they would ever be used, indeed,
for military purposes. would depend upon remote and
dubious contingencies the occurrence of which no man
cond foresee.
But leaving this view of the subject, and returning
to the principles first laid down. to the just extent
of the incidental powers of the government, ask,
If it be possible to justify the measure proposed by
the application Of these principles. national Sys-
tenn OF roads and canals under the exclusive patron
age of Congress, cannot, in any OF the term,
be said to be necessary to the making and prosecu
ing of war. Wars have been made and prosecuted,
and successfully prosecuted without any such sys-
tenn. All that can be said of it is that ii night have
tendency give greater effect and increased energy
10 the eXertion of the national force, in time OF
war. Bat, if the power to declare war authorizes
Congress to do every thing which may have ten
dency add to the strength and resources Of the ma
ton, in a military point of view, then, there is
nothing connected with the general welfare, which
Congress may not do; for, whatever advances the
interests of learning, of manufactures, of agricu-
ture, Of commerce, or, in any manner promotes the
internal prosperity of the country, certainly has
tendency 10 increase its strength in conflict with
foreign country. principle of construction, lead
ing TO such consequences, cannot be maintained
The honorable Speaker expressed his acquiescence
in the principles asserted by Virginia. in 49, Those
principles were embalmed and immortalized in the
celebrated report of Mr.. Madison, which has been
mentioned in the course OF this debate. The prin-
ciples contained in that report do not derive their
sanction from the great name alone with which they
are associated. They received still higher sane
tion--that Of the American people For, it was the
potent influence of these gerry principles which
wrought, by the voice of the people, that change OF
men and measures, in the administration Of the go
vernment, which has been emphatcally styled, The
civil revolution of 1901. If any writings, therefore
be fairly appealed TO- authority in constitution
al discussion, It is this report. Here, Mr., Rive
read extracts from Madison's report The sim
pie criterion then, is thisthe measure sought to b
1 adopted, as incidental 10 an express power, mus
have an immediate and appropriate relation to tina
power, as means necessary and proper for carry
ing it into execution. " A tendency merely, in tn
measure to promote an object, for which Congress
is authorized to provide" does not justify its adoE
tion Now, does not all that has been said and ca
be said, in favor OF national system of roads an
canals, amount to thiS-that they would have ten
dency topromotc facilitate the operations of waT
not that they have immediate and appropriate n
tati0n to the power of making war-as means, neces
sary and proper for carrying that power into execu
lion. One of my colleagues (Mr. J. S. Barbour,
adverted to this rule for the deduction of incidenta
powers, and seemed to think it too rigid because, h
said it excludes choice of means. Sir it does nc
exclude choice of means; it only limits that choice
And permit me TO say that, in order to preserve tn
true character OF this government, it is as necessary
to limit the means of executing its powers, as t
limit the popers themselves; for in the language o
the distinguished authority which Ihave just quoted
1T is wholly immaterial whether unlimited power
be exercised in the of unlimited powers, or
the name of unlimited means of carrying limiet
powers into execution
mails are Notifications. Why, sir, lively imagina
ton and an ardent ZEAL may convert any thing into
Notifications. 1t may be said, with as much justice
and as little violence of metaphor that the hearts
our people Notifications: for after ALL the mora
energies of nation are as important to its defence
as physical works of any sort. As part, then, o.
this system of military Defence we must establish
schools and colleges, to Undue the minds OF oul
youth with the love of liberty, knowledge OF the
principles of our free institutions and loyal anc
patriotic devotion TO their country In like manner
the granareS of the farmer are t0rt,hcateonS-lhe
workshops of the mechanic are tortlfcatloms-to
they furnish the indispensable means OF Su6SlS
tence TO the troops who are to defend you. mus
by the magic influence Of language Congress- in the
exercise of its military functions may invest lsel
with a general and unlimited patronage of all the
great interests of socetyis education, its agT1cut
tUre, its industry.
1t has been trumphanty asked, if Congress car
erect forts and dockyards, may they not make roads
to 60 into them? Unqupstionaby, the right to cree
these works, necessarily implies the r1gM OF ray
by which a communication is TO be had with them
If there be no road leading to them, the govern
ment may render its right of 1cay efecual, by open
ing road for the purpose of communication. Blu
what is the road in this case 1t is strictly an ap
purtenance to the fort yard, and is confined
to the purpose Of communication with 1t. II is q
thing wholly distinct from system OF internal i'm
provements, having no actual connection with any
military work, nor bearing any peculiar and appro
pirate relation TO military operations. There car
be no doubt that the General Government has RICH
of passage through the territory of the states for any
of its lawful purposes and it may therefore, in time
of war; open military road, when it is necessary tc
the accomplishment of any particular military move
ment In such a case, it has rghtto passage ant
there can be no passage without road. But the
road is then made, and used pro hdc ctce onty anC
as soon as the passage is effected all property in, Oh
jurisdiction over ii, ceases and dies. The RICH
strictly commences, and terminates with the occasion
of its exercise. This case, therefore, affords no
countenance to claim of general power to execute
and maintain a permanent system Of internal i'm
provements, in reference TO future and remote con
iingencies, which may never occur In the view
which have taken of this subject, have not founc
it material to inquire into the right which has beer
claimed by the general government of possessing
itself of the soil OF the states when it is necessary
the execution of any of its powers. 1t is admitted
by all that it cannot do So ercept in cases where
is necessary TO the execution of some of its powers
In each particular case therefore, the question re
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