The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1839-02-02
ON INTERNAL IMPROVEMENTS.
SPEECH MR.. RIvEs,

On the Bill for obtaining the necessary Surveys
on the subject of Roads and Canals.
IN THE HOUSE OF REPRESENTATIVES,
FEBRUARY 3, 1924.
Mr.. RIVES said, if the importance of any question
can give it claim to attention. is worthy of
profound consideration than the one now under dis
cusson 1t is, in the first place, question of cons
utonal right involving the true Interpretation of that
instrument, from which derive our existence as an
independent member of the government, and to which
we are bound, by the highest obligations conform
legislative conduct. But this although the most
important aspect which any subject assume under
limited constitution, not the only interest which be-
longs to the present question. Its decision must have
pervadng influence upon the future policy Of the
country: If that decision should be favor of the
power contended for by the advocates of the b it will
become the foundation Of system Of legislation which
cannot regard otherwise than nauspcions to the
Liberties and dangerous to the best interests of the
ton Under these impressions, incompetent as am
to do justice to the subject in any degree to match
the ability which has been conspicuously exhibited in
Its discussion, am yet urged by Of duty, to
contribute the small mite Of my humble exertons in de-
fence Of what deem the cause of the constitution and
the principles of sound policy am aware Mr. Chair
man. that IN Investigations of this Sort general
ings from the spirit of the constitution not abso
lutey conclusive The ultimate inquiry must be- what
the trainers of the constitution hare done, evidenced
y the INSTRUMENT issel fahsr ssn whst thcy irendcd
to do, But if we can ascertain what was the leading
intention by which they guided in organizing the
powers of the Government, strong presumption arises
that they hare done nothing Inconsistent with that in
tention. What. then, permit me to ask, the
dinal principle which directed the convention in the
execution Of their great work It this to trans
fer to the care of the General Government those OBJ
jects only in which all the States have in
teres leaving those in which the States have separate
and peculiar interests to be provided for by their
domestic governments and this rule applies alike to
every species Of federal power whether it be external
municipal In pursuance Of this principle, the General
Government charged with the question Of peace or
war; the regulation of commerce, the conduct Of nego
tations and the various other objects connected with
foreign relations In these all the States have but
one interest," and that cmphatcauy, national interest.
So, likewise, with regard to that class of powers granted
to Congress, which operate internally, such as the
powers to establish uniform laws on the subject of
bankruptcy to organize federal Judiciary, to establish
a common standard of weights and measures, and 10
regulate the national currency All the States stand
precisely in the relation to these powers, and
affected in the same manner, by the exercise of them,
in their social and civil transactions But this is not,
and cannot be the with internal Improvements
They affect parts and not the hole of the confederacy
They are, from physical necessity local in their situa
ton, and local in their influence and their benefits
Take the most extended object of internal improve
ment the projected road for example, from Maine to
New Orleans, or, if you please, the navigation of the
waters of the Mississippi in which the honorable Speak
er has said twelve States and two Territories inte
rested, still, comprehensive and important as these
schemes Of improvement undoubtedly are, they
limited in their advantages, to particular States and
the rest of the Union has no interest in them They
are, therefore, not such objects of interest to
all the States as tho constitution intended to transfer
to the General Government.
But here met by the argument of the homo
rable Speaker, Mr.. CLAY, that there intermediate
class Of objects, affecting than State and yet
not extending to all the States which require the united
means Of conedcracy to execute them and the only
confederacy which legitimatey exist for such
purpose is that of the Union because the constitution
prohibits one State from entering into compacts
agreements with another State. The honorable gentle
man will excuse for saying that this argument is
founded on mistake of the actual provisions Of the
constitution, The constitution does not prohibit
pacts between the States but merely the States
from entering into such compacts tohout the consent OF
Congress. The consent of Congress is required,
necessary check to prevent the States from forming
combinations hostile to the Union dangerous to its
peace and safety but where any number of the States
desire to enter into arrangements with each other, for
the accomplishment of some beneficial object, in which
they have common interest, could have been
supposed intended, that the consent of Congress
would be withheld The States, in such cases, still
left at liberty to unite their resources, by entering into
compacts with each other, subject only to the
BILE control Of Congress; and this privilege was no
doubt reserved to them with express view to the very
class of objects in question, which two
more members of the confederscy but yet do not pos
sess such character Of UNIVERSAL national interest to
bring them within the legitimate sphere of the govern
ment Of the whole.
The honorable Speaker, in the course of his argu-
ment laid down position, which he seemed to cons-
der entirely decisive Of the present question Advert
ing to the distinction between the Articles of conedera-
ton and present constitution and remarkng that,
under the former, the General Government in its most
important functions operated upon the States, and,
under the latter that it acts directly upon the individuals
who compose those States, he deduced as general
principle, that the Government Of the Union, as now
organized, Is wholly independent Of the States for the
execution Of any of its powers. So far is this from
being correct in the broad extent assumed by the homo
rabe Speaker that have always supposed directly the
contrary that the General Government is dependant
upon the States for the execution Of all its powers for it
cannot exist, without the concurrence of the States
Are not your Senator's who compose the other branch
OF the Legislative department Of this Government elect
ed by the Legislatures Of the Staiesl Is not your
Executive Magistrate chosen, ALSO by the agency and
under the direction, of the State Legislatures