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

nioua'loh WHICH dio not possess before. SO Con-
gress, IN ESTABLISHING post road according To what
we deem the true Interpretation Of this power make,
that post road which not post Ioad before. or
IN other words, give to pre-exstng road charter and
attribute WHICH did not previously belong to it, The
post road is as much created, IL gentlemen will insist
upon TINS drine prerogatye in the case the post
office IN the other and the creation win add no more
extends to the road ITSELF which the channel OF the
post route IN the case than il does TO the place
which Is The scene Of the post office, in the other
ne examples relied upon TO support the nterpreta.
ZION which gentlemen have given Of the word estab
seems to me, therefore, to fall very far short Of
ueh ooect' On the contrary, they are not only
sistent with, but furnish apt illustrations OF, the in
"h'cn we contend II is properly to be understood The
worn, IN its primitive and simple sense, MEANS to
render stable, or make firm and is strictly applicable to
natural OBJECTS But II is generally applied
70 intellectual Objects and when applied is ofcourse
used ~ ahguraye sense. Natural objects are estab-
Shed are made hrm by means Of external support and,
py an obvious analogy, matters Of civil and political
gulation are said to be established or made firm when
we give TO them the support and sanction Of lao. In
ms sense The word is uniformly used in the constil-
uoh, ana 4. similar instruments, with such notifications
on as arse from the nature ofthe subject
whien u applied II u was intended, gentlemen
aiiege, to to Congress the power to make post
roads, why was not that power granted in terms which
every person would have understood and about which
there could be no controversy Was the poperf Of the
Language SO great or were the trainers OF the Constitu-
ton so deficient IN their knowledge Of it, to have sup
piied no other word htted to convey the ideal When
we speak OF the erection Of house we do not say thar
such an one has established house, but that he has
6nrh It. IL 1t had been intended to give to Congress
the power now claimed for it, why did not the trainers
OF the constitution say in many words, that Con-
gess shall have powerto make and construct post roads
lhese words were at hand ard were well adapted to
The purpose OF conveying such power That they,
words alanf,
used - evidence that the power they import
tended to be given
II was not necessary to the nature and object of this
grant that Congress should possess the power to make
post roads The object Of the grant was the convey.
ance Of the mail, and the transmission Of intelligence
through the country II never could have been con-
tempated that intelligence should be transmitted to an
unsettled country where there were ne persons to
celve IT, But, as soon as a country becomes, settled,
roads necessarily exist. The great interests of society
the operations OF commerce. and the convenience OF
private intercourse necessarily gives rise to them and
as the population and demands for intelligence in
crease-the facilities of communication increase also
The same roads which answer the ordinary purposes
OF society, would certainly suffice for the simple
object OF transporting the mail 1t never could have
been intended reference such an object to confer
upon Congress the dlsproporonate power of opening
and constructing roads through the territories Of the
states Whether, therefore, look to the language OF
the constitution, to the policy Of its provisions in
relation 10 this subject alike constrained discard
the construction which claims for congress the power
in question: under the clause have been considering
The next which the advocates Of the bill have
appealed TO for the authority to execute system OF in
terna improvements, Is, the military power OF the GO
vernmen The authority claimed under this part of the
constitution extends to canals well roads 1t is
not however like the authority asserted in relation to
post roads, claimed express porer, but only
incidental power, means Of carrying another power
into effect. The first inquiry which presents ITSELF
therefore, is, to the true nature and extent Of incl
dental powers 1t must be forgotten that this GO
vernment is one Of limited and defined powers. How
ever ready gentlemen are to admit this proposition
when their assent distinctly challenged to it, they
seem habtualy to lose sight Of it in their reasoning
upon constitutional questions All the powers granted
the government enumerated in the constitution
but impossible to foresee every indciduai act
Of legislation which might become necessary to carry
these powers into effect, Congress in general auho
rlzed 10 do act which shall be "neeessary and pro-
per- for carrying the granted powers into execution,
buts,onc other. If we depart from this limit, at
once change the character Of the government as pos
sessing special and defined powers only, and convert
into one of general discretionary authority Whenever
any is proposed, therefore, the first question to
be asked Is the authority to adopt it expressly grant
ed in the constitution If it be not the question
is Is necessary and proper of carrying into
execution any power which is expressly granted fit
is not pretended that the authority make roads and
canals for military purposes is expressly granted to Con-
gress st then, necessary and proper means for car
ryinp into execution the military powers which are
granted | will not deny that roads and canals are
useful or if you please, necessary, to the military ope
rations Of the government But this is the true
question The real point Of inquiry is, Is it necessary
the military operations of the government that Con.
gress should possess the power 10 make them Roads
and canals would exist from the influence Of other
M Sha pf
They are as already suggested, the natural and nva-
rable accompaniment of population in every country
The wants and enterprise Of Individuals the common
interests Of society," and the paerndl care 81 the State
gorsrnments which more particularly charged with
the domestic police of the country, would bring them
into existence. The same causes would ensure their
and improvement As the country i'm
proved in wealth and population the means of commu-
ncation would improve with it, The members Of the
Convention ordinarily conversant, al least with
human affairs have foreseen this natural Of
things and could not have deemed 1t necessary to give
to Congress the power OF creating channels OF commu-
ncation, which would certainly grow out of the wants
Of society and the benehcent superintendent Of the
State governments. All that necessary, was to
give the general government the right OF using these
highways, in prosecuting its military and other lawful
operations and this right is conceded to In the fullest
extent Will any gentleman deny that food and clothing
are necessary for the subsistence of the soldier
roads for him to march upon And yet it will not be
that Congress has authority to condemn and
occupy large portions Of the territory of the States for
farms to produce the one or factories to supply the
other. Why? Because the natural wants OF society
furnish the best security that these articles will be pro.
duced, and render it necessary to invest the govern
lnent with any authority for the purpose. But is said
that the defence of the country and the military OPP
eatons connected with other and better channels Of
would be required than those already ex-
listing under the authority of the States Let us pause,
and see to what extent this idea would carry We
have extensive frontier and exposed to attack on
every side of it, On the Atlantic coast we are exposed
the hosties Of any European power, and, through
the whole extent Of inland frontier we are liable to
the ncursiors OF British Spanish, and Indian neigh
bors. If we undertake system Of roads and canals
with view to facilitate the operations Of war, it is
uncertain in what quarter we shall be assaled we must
extend them to every point Of our frontier. The whole
face Of territory would thus be covered with military
roads and canals Is not this solecism in legislation
MIhI1yU roads ard canals which would be used for