The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-01-31

shown TO prevent arbitrary Interruptions of the trade
OF the States arising from acts Of positive prohibi
tion and other similar impediments' But the gen
tleman Is not satisfied even with this extension Of
the power. He says that power Of such apparent
magnitude could not have been intended to be pas
sre-a monument OF tts O,cn iasgnif 6dnce-and that
II u extends TO removing no other obstacles than
such as may be interposed BY adverse and uniriend
Legislation OF the States, becomes utterly Pdssire.
why, SIT, il is, in this respect, like many other
powers granted by the Constitution. The powers TO
aePei ihvasiohs" and 10 suppress instructions"
az P"ss'pe, until the proper occasions occur 10 bring
.n t, INTO action. And the honorable gentleman
WIN PERMIT me TO remind him that this very horror
u passtte authority scling upon Of the powers
Jus' "ehoheu, was Tbs parent Of the editton Laic.
Inc reasoning was this-the powers 10 suppress
instructions" implies the power TO prepent Them,
ana me power 10 prepent them implies the power 10
punish whatever may tend or lead TO them-libels
upon the government tend or lead 10 insurrections
therefore, Congress may pass sedition lao for the
punishment Of lbels.
The system Of reasoning employed to Justify the
exercise Of power contemplated by this BILL is equally
and, indeed, TO my mind, much forced and arbt-
trary, in its chain Of inferences What is III The
power TO regulate among the states authori-
yes Congress Legislative restraints, imposed
by state upon the trade Of another passing through
ITS jurisdiction The power to remove iegisiaftne re-
strands, implies the power to remove natural obsirue-
mons, and the power to remove natural distractions
Implies power TO give artificial facilities; or IN other
"oiuo, " udhe ana canals. DuI, ~ 10 hat
the power to remove legislative restraints implies the
power to remove natural distractions and to give art-
fetal facilities The aims only TO project COM
merce in it's actual channels the other seeks open
additional channels for commerce. The object Of the
former is merely secure the free Of erisng high
ways the effort OF the latter is to create and construct
neD highways. These things are, in their natures,
essentially distinct, that inference from to the
other, is wholly arbitrary and inadmissible. But the
honorable gentleman from Delaware need not be afraid
that this power will remain passirs unless it is exered
in giving artificial facilities 10 trade II has already
been exerted and copiousy e1er,ed the various and
minute regulations connected with the coasfing trade
and this probably the chief if not the only, en-
ployment Of it, contemplated by the trainers Of the
Constitution. ..s -. IT,.
The gentleman read passage from Vattel, for the
purpose OF proving the connection between good roads
and canals, and the welfare Of trade But nothing is
gained by this position, which is very readily admitted
until is also proved that Congress has general power
to promote the ioelfare of trade The application OF
this authority, therefore, proceeds upon an assumption
OF the uery point dispute similar defect exists in
the argument which claims for the general government
the same authority to make roads and canals bettreen
The states that the government Of each state has to
make roads and canals uittin its limits. The state
governments have, undoubtedly the right make roads
and canals rithin their respective limits but from what
does this right result From the general discretionary
power which the state governments possess to provide
for the public welfare Before the argument can be
sustained, then, must be shown that the general 60
vernment pos sesses like discretionary power to pro-
vide for the public welfare The governments do
not make roads and canals by virtue of specific power
to regulate commerce among the several portions Of the
same state, If they possessed no other power than
this it would not be competent for them to make roads
and canals. ..# ~.
Much reliance has been placed, by the gentleman
from Delaware, well other gentlemen who have
participated in this discussion upon what said to have
been the prdttcal construction of the power to regu
late foreign commerce" 1t is contended that Con-
gress possesses the power in relation to COM
among the several states, that it does III rea-
ton 10 foreign commerce ~ and that, as, under the
power of regulating foreign commerce, has erected
light houses beacons buoys, &c. with view TO give
safety and facility to that commerce, may under the
power Of CIRCULATING commerce among the states"
construct roads and canals give safety and facility to
the internal trade Of the country, beg leave to ask
those gentlemen, by what authority they refer the cree
lion Of the light houses, beacons &c TO the power to
regulate foreign commerce There is no evidence
upon the face OF the laws themselves which passed
for their erection that Congress egslated under the
idea that they derived the right 10 erect them from the
power to regulate foreign commerce There IS coHdf-
cral evidence, however that they egsated with refer
ence to another clause of the Constitution. 1t was
mention ed by my colleague, who opened this discussion
INF p p Barbour that the statute book contained 4
list of cessons made by the several states, Of the sites
of these buildings. The only in which the Con-
stu,on requires the previous consent OF the states to
the alienation Of territory those relating to the seat
of government, and all such places may be acquired
for the erection Of forts, dock yards, &c and other
needful buildings 1t would seem, therefore, from the
formal cessions made by the states Of the sites for
light houses, &c that Congress legislated with refer
ence to this part of the Constitution, Another expla-
nation has been suggested by an honorable gentleman
from New York, (Mr. WOODY who refers the erection
of these buildings to the power to lay and collect duties
The duties laid only upon the arrvain our ports
Of the goods and vessels charged with them Whatever,
therefore, gives security and facility an entrance INTO
our ports, has immediate relation to this branch OF
the public revenue. have mentioned these explana-
tons only for the purpose OF showing that the erection
Of light houses beacons &c be accounted for and
have been accounted for plausiby at least without re-
ferrng them to the power of regulating foreign COM
merce. 1t is not necessary for me to decide under
what clause of the Constitution these buildings were
erected will only say, that both OF the explanations
lust mentioned are as satisfactory to my mind, as
The one which refers them the power Of regulating
foreign commerce. Gentlemen have taken for granted
without offering pore that they were erected under
this clause of the Constitution for the sake, presume,
of the precedent it would afford them in the intepreta-
ton Of the power regulate commerce among the states
beg leave, however, to say, that, whatever may
have been the construction Of the constitution under
which these lighthouses were built or any other act
that has been done by preceding Congresses cannot
regard such construction as legitimate and conclu-
sive evidence Of the true meaning OF the constitu-
ton and binding upon ourselves and our successors.
The gentleman from Delaware said it was a 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, ought
to be regarded as distinct and independent power
il is this The constitution has granted by distinct
clauses several other powers which might, with
much more propriety have been regarded as subst.
diary powers, and left to implication What would
seem more naturally to appertain TO the regulation
of commerce among the States than the power OF
coming money the pcry instrument Of commerce, OF
fixing its value of establishing common standard
of weights and measures, uniform laws on the sub
iect OF bankruptcy, and post offices and post roads
distinct erantsl 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 a navy, make rules for the government OF the
land and naval forces7 And yet il was thought