Arkansas intelligencer., 1849-09-08
=, t6f Arkansas Intelligencer.

,.aroous opposition on the part of the
hat one prominent debatable question
he discussed, and finally 10 be settled
s5,oe. out of lhe great array, that has
=, issue before them in previous politca
..n Of" Internal Improvements I" by the
.rerament within the States, has been
advocated by our party. as il has been
gTg The other upon constitutional grounds
p. < want Of expediency.
,,uooi, however, be found in the Consti-
v,rrant for the establishment by Con-
l.,-b a system; unless it is by construc-
.f,gable. under the 18th clause of the Sth
- Isl Art, which confers upon Congress
-. IN make all laws which shall be me-
mi proper for carrying into execution
.inr powers, and all other powers vested
Cgs!iluiion in the government Of the
s.s, or any department! or officers there
qc il is urged by the Wing party. that
,ument has this power generally deriv-
from any express grant: but as pertain
;m.leIy to it, from It's very character, as
IN government
,so1 of the other party, admit the exercise
aver 10 the extent embraced in the clause
eoied; but those more strict in their con-
= Of the Constitution. deny the power in
.e. when il has reference to tine establish
II I, substantive measure. And when as Il
II f carving into successful effect, one Of
|. and uamistakable grants in that instru-
/ lev admit it only, in The most limited ex-
L sing essential. in carrying out such Iegi-
,ops ttutioual measure.
/ = The power 10 declare war. much is me-
q, leil to the wisdom and discretion, both
,rsss and the Executive, involving great
II nd exercise of powers not defined in the
|sion And so by The Treaty making
il which is lodged with the President, but
H. the sanction OF two-;hirds of the Senate
j, The act, as vel! rs the action of the House
rseniuiives. if an appropriation of money
i ied. Then. if the government of the Uni.
,ss hss the constitutional power 10 construct
Road, from any point on The Mississippi
i 10 San Diego. or San Francisco, in A liza
#ra. distance of 1905 miles on an air line.
keOr 2C00 miles by the most accessible and
Brsd tnve!iing route. such power must be
nibe exercise Of the righ, of Congress "to
! Il avs necessary and proper Cor carrying
ascuiiOa measures rightfuIIy belonging
.une or both of these two heads.
s.ress has no power to establish n syslep. of
within or through The States.
| :1ch grant can be found IN the Constitution:
3 also. that Instrument provides, in 10th
tjimend'ts. that. The powers not delegated
laled States by the Constitution. nor pro-
Z BY L 10 the States, are reserved TO the
resfee;lTey, or 10 the people," Nor has
das!auon conferred the power upon Con-
70 establish systematic improvements in
Yles belonging 10 The United States. whether
led politically or not. as Il Su6Sfaniire n1ea-
aka E0i aePSHdeHf upon some recognized con-
saal porer OF paramount i'm pOrtaHce. and to
such Improvement would follow as a neces-
EqseBce TO such legitimate oh, cls. for. as
rani IS not expressed IL stands prohibited
/ lUih Art. of Amendments. above referred
Ii The powers conferred under the head of
|y.shelher specific or jurlsdiciionaI. do not.
F Il be secondary 10 a clear ublect. one of
emit consideration, and necessary and pro-
neans &c accomplish the great purpose
Justly Congress in making a Rail Road
iemPils, ST. Louis, or any other point on
assiPPi River. through at least one and
siwO sovereign States. 10 California.
Psser 10 establish Post Offices, and Post
d0es net authorize Congress to make roads,
sme cases the clearing obstructions might
|i&lry 10 their establishment. The prac-
sever. in this case. neyer has transcribed
nonsense meaning of the powers of Con-
a his regard.
ahihe power be drawn from The 3rd clause
10 sec. Of Art. lst, which says. Congress
ne power = To regulate commerce with
lauons, and among the several States, and
: Indian tribes; nniwithsla Ddtng, such
g, doubtless, would be productive of i'm
@mmerce, as well wiih foreign nations,
ail States. and manv Indian tribes yet.
iade WocId owe lis existence 10 the con-
sOi such road, which being of first con-
q, az such trade and It's legitimate re-
'ey Congress, depending upon lis conStruc-
ans'iluies II Il subsioniiUe rather than a
|'fy OBJECT, consequently could not be enter
hfer his clause. Nor indeed, is il easily
q IRON Whence the power is plainly and
derived.
= shis great national measure passes the
olh Of Congress and the Executive, it is
mai his apparent want of power mus; be
ensure all conflicting opinions, and sec
Aefesls, from every quarter; harmonious
~! Upon the score of lis consIituiIonality
Oeheyed, ensure the passage of the mea-
'Olnis both north and south will doubtless
{ Isis with Memphis as competitions for
ZEN depot: and what, with these sectional
> ana their respective interested adherents
with The constitutional objections TO which
auOaed, as being likely to be entertained
YES, At they should not be nooted in the
F' Convention. il becomes the real friends
aeasure to investigate first of all the power
ueaeral Government under the Constitution
r.lucl 1t, and then her pecuniary capacity
F'nPlish the work.
convention will settle the matter of its 10.
Ihe public intelligence has long since