The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-01-31
WHOLE NO. 1913.

em All that can be said Of Il is that II might have
tedeacy TO give greater fleet and increased energy
10 the exertion Of the national force, in time Of
war. Bat, ii the power 10 declare war authorizes
Congress TO do every thing which may have a ten
deney to add to the strength and Of the ma
| ton, IN 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 agricul
ture, OF commerce, or, in any manner promotes the
internal prosperity of the country, certainly has
tendency TO increase its strength, In a conflict with
foreign country A principle Of construcio lead
| ing 10 sech consequences, cannot be maintained
The honorable Speaker expressed his acquiescence
IN the principles asserted by Virginia in '9S Those
| principles were embalmed and immortaized In the
celebrated report Of Mr.. Madison, which has been
| mentioned in the course oil 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.
llon-that of the American people. For, 1t was the
potent influence OF these rery principles which
wrought by the voice of the people that change Of
men and measures in the administration Of the 60
vernment, which has been emphaticay styled, The
eivii revolution Of 1901, any writings, therefore,
can oe lairyappealed 10, as authority in constitution
al discussion, il is this report. Here MIR. Rives
read extracts from Madison's reportni The SIM
pie CRITERION then, is hsthe measure sought 10 be
ADOPTED, as incidental to an express power, must
nave an Immediate and appropriate relation to that
/ power, as means necessary and proper for carry
| ing u into execution. A teadeney merely, in the
measure 10 Promote an object, for which Congress
= aAhorzed 10 provide" does not justify its adop-
oh. NOW, does not all that has been said and can
be said in favor OF national system of roads and
canals, amount to thiS-that they would have ten
dehcy topromote or facilitate the operations of war
moi that they have an immediate and appropriate re-
@Ist0n 10 the power OF making waT-as means neces-
saiy ana proper for carrying that power into execu-
uon' One OF my colleagues (Mr J. S. Barbour
adVerled TO this rule for the deduction of incidental
fs;d + ana seemed to think il Too rigid because he
sr.Is .1eiuaes choice OF means Sir, il does not
e.eta4e choicc OF means it only limits that choice
ana permit me 10 say, that in order to preserve the
rue character Oh TINS government it is as necessary
70 70 nmn the means Of executing its powers as 10
limit the Poicers themselves for in the LANGUAGE or
the distinguished authority which have iusI uuoed
" 1t is wholly immateral whether unlimited bowers
be exercised in the name of unlimited powers or in
the name OF unlimited means of carving limited
| powers into execution ....
But, we have been gravely told that roads and ca
nails are fortifcotions. Why, sir, lively magma
lon, and an ardent zeal may convert any thing into
Notifications. 1t may be said, with much justice
and as little violence of metaphor, that the hearts of
our people are Notifications: for, after al the moral
energies OF nation are as important to It's defence,
| as physical works of any sort. As part, then Of
THIS system of military defence, we must establish
schools and colleges, to Undue the minds Of our
youth with the love of liberty, knowledge of the
principles OF our free institutions, and loyal and
patriotic devotion TO their country! In like manner
the granarics OF the farmer are fortifcatt0as-tAe
WORKSHOPS OF tne mechanic are IOrfthCdft0HS--for
| they furnish the indispensable means OF subSs-
tence TO the troops who are TO defend you. Thus,
by the magic influence of language Congress- in the
exercise Of It's military functions may invest itself
with general and unlimited patronage of all the
great interests of sociey-ts education, its agrical-
ture, its industry. .. -
1t has been triumphantly asked, il Congress can
erect forts and dockyards, may they not make roads
10 go into them2 Unqurstionably, the right to erect
these works, necessarily implies the right of tcav
by which communication is TO be had with them
If there be road leading to them, the govern
men may render its right Of pay efiectua by open
ing road for the purpose of communication. But
what is the road in This case It is strictly an ap-
puytenance the fort or dock-yard and is confined
10 the purpose of communication with it, 1t is
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 can
be doubt that the General Government has right
of passage through the territory OF the states for any
OF its lawful purposes, and may therefore, in time
of war, open military road when il is necessary to
the accomplishment of any particular military move
ment. In such case 1t hasa right to passage and
there can be no passage without road. But the
road is then made, and used pro hac rice only and
soon as the passage is effected, all property in, or
jurisdiction over il, ceases and dies. The right
strictly commences, and terminates with the occasion
of its exercise. This case therefore, affords no
counlenance to claim of general power to execute
and maintain permanent system OF internal I'M
tingencies which may never occur. In the view
which have taken of this subject, have not found
ii material to inquire into the right which has been
claimed by the general government OF possessing
itself Of the soil OF the states when il is necessary 10
the execution of any of its powers. 1t is admitted
by all that il cannot do so, cIcept In where ii
necessary TO the execution of some Of its powers
In each particular case, therefore, the question re-
ours, Is the proposed occupation OF the soil OF the
states necessary the execution OF any of the powers
Of the governments My object has been, to show
that the occupation of it, for the purpose of making
roads and canals is not necessary to the execution OF
the military power ofthe government, and cannot be
justified by any sound doctrines of constitutional
law.
The only remaining ground, worthy of particular
consideration, upon which the authority OF this go
vernment, to make roads and canals has been assert
ed. is that portion of the Constitution which gives
TO Congress the power "to regulate commerce
among The several States" The honorable gentle
man from Delaware, (Mr McLane,) seemed 10
treat this as question OF rae'aentat power, pul is
strictly and exclusively question OF eapress power
The whole controversy depends upon the true i'm
port of the word regulate" II TO regulate"
means 10 "promote" or to facilitate, then the
power to make roads and canals, as an ordinary and
natural mode of facilitating or promoting commerce.
seems to be clearly comprehended in the terus of
the grant. IT. however, to regulate, means to make
rules, il certainly does, in the plain and common
use Of the word, then il gives TO Congress no other
power than that of making the rules or prescribing
the terms, upon which commerce among the States
shall bel conducted-that is, the power Of making
commercial regulations, applicable to the recipro-
cal trade of the States. But would any person call
roads and canals commercial regulations? The
whole question, then, might be safely left to an I'M
sophisticated sense Interpretation Of the Ian
guage of the Constitution but as the argument OF
the gentleman from Delaware was certainly an ORR
gina and ingenious one beg leave TO anayse and ex-
anime it more particularly The outline of the ar
gument was this that the object Of granting 10 Con-
gress the power of regulating commerce among the
Stale from LAYING burthens on the productions of
another State passing through its jurisdiction, Chat
object being adequately provided for BY another,
clause Of the Constitution but to prevent greater
mischief absolute prohibitions of the passage, which
if they should occur it would be competent for Con-
gresS, under this power TO remove; that, if Con-