Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1844-03-22

ConCtuue ]
The Constitutional porer coHsidered
How nny constitutional lawyer could deny To
this Goverument the power 10 improve rvefs
and mnke roads and canals. he had always been
a, = loss to comprehend. Tins power at
as clear and sustained on prectoely the game
grounds as the power erect Tort. improve
harbor, or to purchase mail bag. Inc Constr
luton gave Congress no express auih0rify 10
DO any of the things; they wers incidental to
-he power OF defence--of ''regulnttng commerce."
and "establishing post offices, which powers
necessarily carried wi'h them tho means OF her
own execution bu, tho express authority was
gwen to Congress TO pass all laws necessary
and proper to carry into effect these powers
Hence the power TO defend he country gave Con.
press tho right TO purchase cannon aud erect
forts as the means Of defence. Now, II n rnn-
road or canal found 10 be as available for de-
fence az a fort, had they not "a good n right to
adopt ~ Who could doubt III The CanstItu-
ton says "C1ngress may regulate commerce with
foreign nations and among the States" What
right have you - build ship or improve hlr-
Dor? The Constitution - silent upon the sub
iect. 1t Is because you have The power To fegu.
late commerce wIth foreigh nations. Aud was
il not manifest that you have precisely The same
power to regulate commerce among the States
by improving rivers or harbofs. or other means
equally appropriate to this end? Most clearly.
To have specified in the Constitution al the
means would have been 10 make code and not
a Constitution.
You have whole systems Of legislation ~ rela-
hoe 10 the transportation Of the NM? Whence
the right 10 pass nIl these laws imposing foes
and forfeitures? II could only be sustained as
incidental to tho power coGt3rreJ on Congress
40 establish post offices aud post roads" y ~
II roads were as necessary TO transport me mtlt
as coache, aud contractors, mail bag', e., has
Congress not tine same right 10 construct them
as means to accomplish tins end3 Certainly
thev bad Thus each grant of power carried
w,ih II. as necessary aud Indispensable Inc-
dent the means Of ~ own execution. Tho NIL
,tary power carried tho right to construct MI
itarv roads; the commercial power, commercial
roads; and The post office power, post roads.
Wr,hou, tho right to adopt means, these grants
Of power would he idle aud nngatory. When II
is proposed To construct n ROAD or canal, the
question inr Congress To consider Is, whether II
necessary and proper a. a means OF execu-
ting any of the constitutional powers of Con
gfess? Defence 10 war, commerce IN peace, or
The transportation Of the mol, # its fitness to
INV Of these ends admitted, the question
was scttltd, and this right to construct It was
undoubted. This was briefly his WOW of the
constitutional power of Congress over the whole
subject. md i, fully sustained by Chief jus
iice Marshall IN the opinion OF the case OF Nc
Cuoch OF Maryland.
The Tariff and Protection.
MANY gan,Iem.n (Mr UDlnes) from South
Carolina among the rest, had introduced the tar
riff INTO this discussion. That genucmpn. nd
dressing himself TO the Western members. had
suggested that # they wouj 90 with hlm u de-
s,ruy the tarrff, he would sppport apProPrIa-
ton for the Mississippi. A. a Western man, he
rejected the gentemsu's protIared aid. lie wonld
not consent that tho gentleman should drive
dagger deep INTO their vIais, even though he +.
might be willing to vote pt'tance to pay Their
funeral expenses He utterly opposed tel
the Introduction OF the gentleman's wooden T
had f,F tn.1
help on such conditions lie would
say to htm, "timeo Dtnaos ct dona terentes-"-I
II that geatleman could pour out his whole re-
sources Of the Government ,uto the Wes'. It
would be 90 compens ltton. frr tho nj Iry The re
peal Of tho tariff would iniltct upon that great|
agricultural country.
He deeply regretted to see that the Represer-
tattves of some of the Western Safes on this
10 )r now nearly nnan'm'1s against the
protective policy, where formerly cas Tho J'urnaI>
would snowy thsy we're unantmHus IN its flvor--
The Western people aud their interests were the
came now rs then. Whence this change? 1t was
7b.IonsIy political These States were now rep
resented hv the political friends OF Mr.. Van Bu-
ren who had recently declared IN n letter 10 he
Editor OF the Richmond Enquirer that he was OF.
posed TO the late protective tariff hoth in Its prE
cI,les and details'' They must therefore either
abandon the protective policy, or abandon Mr. .
Van Barren; nd II seems that they have deter
mined to adhere to the man, and abandon the
cherished policy Of the West, without which thev
never can DO prosperous, and tins, upon some
proper occasion, he would enjeasor 10 demon-
sirate.
He could not torbear, however, 10 notice brief
iy some Of the arguments urged by the gentiemlo
from Missouri, (Mr. JAuEsoN) who had spoken
last. and who had but Substantially repeated the
objections urged by Mr.. Van Buren, and Others
In repiv, he would submit very briefly some facts
and general reflections, TO which no invited the
sober and dlspassonate attention OF the Western
farmers who could not long ae imposed upon BY
stale theories in opposition to weIi-Anown and as
certained facts
In the FIRST place, the gentleman from Nssn9>
II (Mr. JAMESON has told US that the foreign
market was every thing, and The home market
iiule or nothing; "that third of the State Of