The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-01-31
ON INTERNAL IMPROVEMENTS.
SPEECH OF MR.. RIvEs,
OF VIRGINIA.
On The Bin for obtaining The necessary Surveys
on the subject Of Roads and Canals.
IN THE HOUSE OF REPRESENTATIVES,
FEBRUARY g. 1924

on the subject Of Roads and Canals.
IN THE HOUSE OF REPRESENTATIVES,
FEBRuARY 3, 1924
Mr. RIVES said, il the Importance OF sny Question
can give il claim TO attention, none is more worthy d
profound consideration, than the one under dis
cussion II is, in the first place, question Of const
tutiona right involving the true Interpretation of that
instrument from which we derive our existence as an
independent member of the government and 10 which
we are bound, by the highest obligations, TO conform
our legislative conduct. But this although the mos,
important aspect which any subject can assume, unde,
limited constitution, is not the only interest WHICH be
longs to the present question Its decision must have
peryading influence upon tho future policy Of the
country, IL that decision should be in favor of the
power contendcd for by the advocates of the bill il will
become the foundation of system Of legislation which
cannot regard otherwise than inaispicous to the
Liberties and dangerous to the best interests Of the ma
ton Under these Impressions, incompetent as am
TO do justice to the subject, in any degree to match
the ability which has been conspicuousy exhibited in
It's discussion, am yet urged by sense Of DUTY 10
contribute the small mite OF my humble exertions in de-
fence OF what deem the of the constitution and
the principles Of sound policy am aware, Mr. Chair
man. that IN investigations OF this sort, general
lngs from the spirit Il the constitution are not abso-
lutey conclusive. The ultimate inquiry must be- what
the trainers Of the constitution hare DONE as evidenced
BY the instrument ITSELF rather than what they intended
TO do But il we can ascertain what was the leading
Intention by which they were 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 was the car
dinal principle, which directed the convention in the
execution Of their great work II was this 10 trans.
fer TO the Of the General Government those OBJ
jects only in which all the States have common in
terest leaving those in which the States have
and peculiar interests to be provided for by their own
Tic and rs.
every species Of federal power whether be external or
municipal In pursuance of this principle, the General
Government was charged with the question Of peace or
war, the regulation of commerce. the conduct Of nego-
tiatons and the various other objects connected with
our foreign relations In these all the States have but
one interest and that, emphdncay 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
common standard Of weights and measures, and 10
regulate the national currency All the States stand
precisely in the same relation these powers and are
affected IN the manner by the exercise of them
IN their social and civil transactions But this is not
and cannot be the case with internal improvements
lney affect parts and not the h0e of the confederacy
They are, from physical necessity local their situa
ton, and local in their influence and their benefits
lake the most extended object of internal improve
ment, the projected road, for example, from Maine to
waters OF the Mississippi in which the honorable Speak
er has said twelve States and two Territories are ine
rested, still, comprehensive and important as these
schemes Of improvement undoubtedly are, they are
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 the constitution intended to transfer
to the General Government
But, here met by the argument Of the homo
rabe Speaker, Mr. CLAY, that there is intermediate
class OF objects, affecting than State, and yet
not extending to all the States which REQUIRE the united
means oil e0nfedcrdcy to execute Them and the only
confederacy which can now egtmatey exist for such
purpose is that of the Union because the constitution
prohibits one State from entering into compacts or
agreements with another State. The honorable gentle
man will excuse me for saying that this argument is
founded on mistake of the actual provisions of the
constitution The constitution does not prohibit COM
pacts between the States but merely Restraints the States
from entering into such compacts, ciho the of
Congress. The consent of Congress is required, as
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 which
they have common interest," it never could have been
supposed or Intended that the consent of Congress
would be withheld The States in such cases. are still
lett at liberty to unite their resources, by entering into
compacts with each other subject only to the
doubt reserved to them with express view to the very
class OF objects in question, which concern or
more members of the confederacy, but yet do pos
sess such character of unpesa national interest
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 confedera
tion ana our 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 directly upon the individuals
VINO 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
oeng correct In the broad extent assumed by the homo
raoe 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
ca oy the Legislatures Of the States Is not your
Executive Magistrate chosen also, by the agency, and
under the direction, of the Slate Legislatures!
Here Mr.. Clay explsined He said he never con-
tended that, if majority of the States withheld their
cooperation, the General Government might not be dis
solved; but, his principle was, when the General Go
yernment IS once organized and moves, it moves by
It's own inherent energy and acts independently OF State
power s.@
Mr. RIvEs said, he had not the pleasure of hearing
the speech Of the honorable gentleman He had only
read the report Of 1t given in the newspapers and he
thought that the principle to which he had referred as
stated IN that report, required qualification But,
even as now qualified, by the explanations of the Speak
c he was not prepared to give his assent to it, under
stand the honorable Speaker said Mr. Riyes, now to
say, that although the General Government does de-
pend upon the States for its crsience vet in the ord
nary and regular exercise Gifts vested powers is who'll
y independent of the aid and cooperation of the State
Governments. | have always entertained said Mr. r.,
different opinion Of our political system and for that OPT
mon supposed had the sanction of high authority
ne authors OF The Federast, in passages Of
their celebrated work speak Of the State Governments
as 'ncorpordted into the system Of the General Govern
ment, as auxiliary to its operations and indeed as indis
Pensable to It's maintenance In passage they say
emPhahcalty, if the General Government should ever
arbitrarily abolish the State Governments it would be