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

4.
solved; but, his principle was, when the General Go
yernment is organized, and moves, it moves by
its own inherent energy, and acts independently Of State
power]
Mr. RrvEs said he had not the pleasure of hearing
the speech of the honorable gentleman. He had only
read the report Of given in the newspapers, and he
thought that the principle to which he had referred, as
stated in that report required some qualification But,
qualified, by the explanations Of the Speak
CIR he not prepared give his assent to it, under
stand the honorable Speaker, said Nr. Rives, to
say that although the General Government does de-
pend upon the States for its erisfcnce yet in the ord
nary and regular exercise Of its vested powers is who'll
y independent Of the aid and cooperation of the State
Governments have always entertained, said Mr. Ri
different opinion of political system, and for that OPT
Mon supposed had the sanction of high authority.
The authors Of "The Federast" in various passages Of
their celebrated work, speak of the State Governments
incorporated into the system of the General Govern
ment auxiliary to its operations and indeed indis-
pensabe to its maintenance. In passage, they say
emphancaliy, if the General Government should ever
arbitrarily abolish the State Governments, it would be
compelled, by the principle of selfpeservqon to rein
state them-impying, as seems TO me, in the strong
est manner the dependence of the General Government
upon the aid and cooperation of the State Governments
But let us examine this subject infinitely, in re-
ference to of the powers of the General Govern
ment In the exercise of its military power which has
been much talked Of in the of this discussion,
is there not partial dependence, at least of the Gene
raj Government upon the State Governments? The
Constitution gives to Congress the power to "provde
for organizing, armlng and disclpning the militia, and
for calling them forth execute the laws Of the
Unon to suppress Instructions, and to repel inva-
sons :; but expressly reserves TO the States the ap
pontment OF the officers and the authority Of training
the militia according to the discipline prescribed by
Congress-" Here. then, we find the General Govern
ment made dependent upon the States for the efficient
exercise OF vital power connected with the peace and
safety OF the nation for, what is your militia without
officers and without training? So, likewise in relation
to another power of Congress, which has been the sub
Ject OF much commentary in the of this debate
II aude to the ect of Notifications, arsenals, &C.
Amid the various constructions which have been put
upon the clause Of the Constitution relating this sub
ject, all have agreed that the exclusive jurisdiction it
gives over the sites of these works. cannot be exercised
without the consent of the Legislatures of the States in
which they are located Here, then, have another
example of the dependence of the General Government
upon the State Governments, point belonging toone
of its highest trusts the Of the common Defence
Whether therefore, look to tho general aim and scope
OF the Constitution, or to its particular provisions, can
not acquiesce in the principle assumed by the honorable
Speaker The application of this principle to the sub
ect the present discussion has not been clearly de-
yeloped, but presume it this If roads and canals
are necessary the legitimate operations OF the General
Government, that Government, being wholly indepen-
dent Of any intrinsic aid in the prosecution Of its lawful
Objects may make roads and canals for ITSELF whenever,
show that although roads and canals may he essential to
of the purposes Of the General Government yet,
they such facilities would naturally arise in the
progress of society," under the Of the State Govern
ments, and that there was, therefore, necessity TO in
vest the General Government with authority to create
them. Any construction which loses sight of the
istence of The State Governments, and Of the important
purposes they intended fulfil, reference TO
the affairs Of the Union well the interests Of
the respective States, is incompatible with the nature
error
There were some other general principles laid down
in the of this discussion the bearing and appca
ton of which, to the question under consideration,
could not very distinctly discern notice them, there
fore, only for the purpose Of entering protest against
them An honorable gentleman from New York, (Mr.
Stors) asserted that the General Government
ncipal, in other words National Government
tradistinguished from Federal Government / would
ask that gentleman who were the parties to the forma
tion Of this Government? Were they the people of the
United States composing entire nation, d.
vided into distinct political communities Unques-
tonaby the latter 1t required too for its establishment,
not the consent Of majority Of the people, merely, but
the unanimous ratification of all the States who became
parties to it, In the mode provided for its amendment
also, the of threefourhs of the States is
necessary any alteration of its principles without
regard to individual members. These circumstances
unequivocally characterize it as Federal Govern
ment.
In another important relation, the only one involved
in this dscussonthe extent of its powersit is decid-
eddy Federal and not National The authority to which
the honorable gentleman has appealed, another
branch Of the subject he Federas says, is of the
of National Government to possess supreme
indefinite power all persons and things, so far as
they are the objects of lawful government. But the
power of this Government is, by UNIVERSAL acknow-
ledgment, defined, and limited to special objects BY
what process, then, has such Government, dlstln-
gushed by many Federal features, been converted
into National Government! BY series of refined
deductions, which, considering the gentemans aversion
to political metaphysics does infinite credit to his genius
and perspcuity.
Having disposed Of these preliminary topics, come
now to consider the particular in the Constltu-
ton from which the alleged power Of Congress to make
roads and canals have been deduced The first of these
is that clause of the Constitution which gives to
Congress the power ito establish post offices and post
roads," which, it is commended cypress grant of the
power to make post roads. Whatever contempt there
fore, gentleman may have for pathological dispositions,
or however little they may seem to bet the dignity OF
legislative discussion necessarily driven to in
qure into the true meaning OF the word establish The
Hon. Speaker has defined it thus, to make frm to fix,
to build" Iagree with that gentleman in the first part
Of his definition, but am unable to follow him in the
bound by which he has skipped from to make firm to
FIX, the last Interpretation to build" which seems
to me to depart very widely from the other meanings
ascribed to the word The original and literal import OF
the word is, unquestionaby to render stable or make
firm" and by easy transition in itsappcaon to new
objects, 1t has TO signify generally to fix to settle,
to ascertain Let apply in this sense, which is sane
toned by the Speakers definition, the subject Of post
roads There exists in the country great variety of
roads, passing in different directions and communicate
ing with different points. 1t is impossible, in the nature
Of things that all Of them should be used post roads,
The Constitution therefore, gives to Congress the pow
er to establish, or according the terms Of the orego
ing definition to fr to settle to ascertain which Of them
should be used post roads, and to give them legal
character as such. But the honorable Speaker con-
tends, thar the word establish" implies something
he refers to the expressions Establish Justice" and
"ordain and establish this Constitution" used in the
preamble of that instrument. These examples do not
appear to me to be very opposite to the purpose for
which they are cited 1t has been very properly said,
that the preamble of the Constitution, stating to be
one Of the objects othe new government "to establish
nsiicn ~ could have meant that mstice to be