The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-01-31
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Report IN part, of the Committee of tie House of Re-
Presentttiues of The United States so much of The
Prssids@s Message, as relates 10 reads, canals and
semiHaries Of learning.
DECEMBER Is, 1917
Read and committed to a committee of the whole
house on Friday next.
The committee to whom were referred so much OF
the Presidents message as relates TO roads canals
and Semnares OF learning, respectfully report in
part, that they have taken into consideration the sub
Jet referred to them, and bestowed on il that aten.
lion to which, BY its importance, it is so eminently
entitled. Involving as il Is supposed great consti-
tuiional question on the one hand, and intimately
connected on The other, with the improvement, the
prosperity the union and the happiness Of the Unit
ed States, presents the fairest claims to candid and
dilIgent investigation. Nor is il without additional
interest from the division Of opinion TO which it has
heretofo given rise between The Executive and Le-
gislative branches of the governments; difference,
which in the indulgence of the rights OF free opinion
VIII De Slill ioundo exist between The SentneI pro.
muigated IN the message of the President and those
which Will be advanced by your committee in this
report; nor do they conceive that the expression in
the message of The President OF an opinion unfavora
Die 10 me constitutional powers of the general govern
ment should be permitted 10 have any influence on the
disposition OF Congress to legae on this interesting
subject. For, II the conStitutio al majority of the
two houses should differ with the Executive depart
men the opinion OF the latter, however respectable
mus'yleld TO such an expression Of their will On
the other hand II from Difference to an opinion pro-
should refrain IRON entering upon the consideration
Oh question Involving constitutional doctrine /.
su happen thal the opinion OF the President would
prevent 'ne ehac ION OF a law even though there
should be the constitutional majority of twohrds of
both houses in its favor Thus by the intrndncI;on
OF such practice, the Presidential reto wonld ac
quire a force unknown to the constitution and tha
Legislative body would be Shotn of lis mowers frnn,
a want of confidence in its strength or from indisno
sition TO exert it, Whilst your committee are per
ectly aware that nothing like this is contemplated bv
the Executive branch of the government they pre
sumo the House of Representatives will scrupuousv
avoid course, which may be construed into dere-
LECTION OF their privileges They deem it, therefore
not improper to offer some considerations upon the
question OF the cons ulonal powers of the general
government 10 pass laws for the improvement and
construction Of roads and canals, with the consent of
the states W., ...-#
As 1t is obvious, however, that these several sub.
jects OF Legislation do upon the same founda-
tons, and that one OF these may be within the sphere
OF the constitutional powers of Congress- whilst the
others may belong exclusively the states il is pro-
posed TO treat them separately and the subject of the
improvement and construction of public roads which
appears 10 your committee most clearly to b. reduci-
bic to the powers vested 10 the general government
VIII be first taken into consideration. ~
AN accurate attenton 10 the real points Of differ
ehce on this subject will greatly contribute tree the
controversy from unirnportan and irrelevant conSi-
deratlonS. 10 attain this we have only to compare
Wnat IS inahiie>ty admitted on the one hand with
Wnat Is claimed and coaended for on the other
Inc laws oil anecedent Congresses, approved by
successive Executive magistrates and the acts of the
Executive magistrates themselves, Twill be resorted TO-
as ahording evidence of what may be regarded as
conceded to be within the powers Of the general 90
vernment, Inc commendable Jealousy which they
have manifested OF all encroachments on state nowar
and their scrupulous adherence TO the most ripd
principles OF construction in the Interpretation 1.-THE
constitution, affords sure guarantee that more has
not been admitted than may b. fairly assumed To be
within the provisions of that instrument. Taking
then, the acts OF both of the Legislative and Execu
tive branches of the government for our guide, we
shall find it clearly admitted thath re are some cases
al tsast, IN wAch the general government possesses
the institutional privilege Of constructing and i'm
proving roads through the several states.
Anus by The act OF the 29h OF March, 1906 con-
hrmed, amended and enlarged by subsequent acts, a
road was directed To b. laid out and constructedom
Cumberland IN the state OF Maryland TO the state of
Ohio, upon Obtaining the cbn~entoC he states through
lea u SholId pass The fund provided for this
noble undertaking. was TO consist OF the proceeds of
the sales Of certain lands the property Of the United