Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1853-10-28

poration, &C., was involved in this decided re-
lection of the lesser power.
This was a distinct proposition made TO the
convention, and urged upon high motives Of
policy by the leading minds in it, and rejected
by decided and overwhelming vote, which
etectually, according to the eotemporaneous
testimony Of Mr. Madison, put at rest the whole
power over internal improvements.
Now, when it is remembered that the Const
tuition thus framed and proposed by the federal
convention, was subsequently amended from
sensitive jealousy of federal power on the part
of the States by decaratiye clause, that all
powers not delegated TO the United States by
the Constitution are reserved to the States, how
inevitable becomes the conclusion that power
to construct internal improvements does not
exist. The conclusion of the non-existence Of
the power, arising from its positive rejection, is
confirmed by the declaration Of strict limitation
Of all powers to those delegated, and the jealous
reservation of all others to the States or to the
people.
1t will scarcely be denied, that the grounds
upon which the canal proposal was defeated
are equally applicable to proposal for rail
roads, or other internal improvements. If
the rejection Of the one is conclusive against
its existence, and against the proposition
of Mr.. Madison, which included all, then the
contemporaneous history we have adduced is
decisive Of the question of the constitutional
power Of Congress over the subject of all inter
nal improvements
Such is the evidence afforded by Mr.. Madi-
sons Notes Of Debates in the Federal Conveu-
tion which we're never published until 1910.
It is proper also to add that no journal nor any
debates of that convention were ever published
until after 1918, and that its sessions were with
closed doors.
It is not surprising that, under the recollec-
ton of these facts, Mr.. Madison should have
sent to Congress veto message denying the
existence of this great power on the last day
of his administration. Nor is it much to be
wondered at that the young, ardent, and patri-
otto democrats of that day, with no cotempo-
sented, should have been tempted by the pres
sure Of an apparent and supposed necessity,
from the condition Of the country at that PEE
Rod, to leave the narrow and straight path of a
rigid and strict construction of the Constitution,
to find remedial policy suited to it in the
loose and broad system of interpretation adopted
by the federalists. Such, we believe, to have
been the case with the democratic leaders dur
| ing the late war with Great Britain and shortly
| after its close. We venerate their patriotism,
| respect their motives, and pay to their opinions
all the regard which is DUE short Of an endorse
ment of them, as authority to make that consti-
tutional, which the letter of the Constitution
does not'warrant and which history positively
disaffirms. The authority of all Names and
the precedentsf Of all times must yield to the
plain meaning of the charter of our Liberties,
construed by the lights, clear and unclouded
of the cotemporaneous history of its formation.
We have before US an unpublished letter Of
Mr. Madison, addressed to the chairman of the
Committee on Roads, in Congress, which passed
is clear and emphatic upon the point under
| discussion-while in its texture there is so
much Of refined delicacy and so little of osten-
tation, SO much Of the ripened experience Of
| the statesman, and the historic information of
one of the trainers of the Constitution, and so
little Of the spirit of unfriendly criticism and
pedantic dogmatism, that we are tempted TO
close our article by inserting it:
MONTPELIER, December 90 1877
DEAR SIR: have received your favor Of the
18th inclosing the report on the question of roads
and canals.
:" respect too much the right and the duty ofthe
representatives of the people TO examine for them
selves the merits of all question before them, and
am too conscious my own falibility, 10 view the
most rigid and critical examination OF the particu-
i lar question referred to your committee with any
other feeling than solicitude for result favor
able TO truth and the public good.
g am not unaware that my belief not 10 say
knowledge of the views of those who proposed
| the Constitution and what is of more importance
my deep impression Of the views of those who
| bestowed on II the stamp of authority, may in
huence my Interpretation of the instrument. On
the other hand il is not impossible that those who
consult the instrument without the danger Of that
bias, may be exposed to an equal one in the anxiety
TO find in its text an authority for particular meas
ure OF great apparent utility.
Il must pray you, my dear sir TO be assured
that, although cannot concur in the latitude of
construction taken in the report. in the principle
| that the consent Of States, even of one, can
enlarge the jurisdiction of the general govern
ment, or in the force and extent allowed 10 prece
dents and anaogies Introduced into the report
do not permit this difference of opinion 10 dimn-
ish my esteem for the talents, my confidence in
the motives of its author am far more disposed
TO acknowledge my thankfulness for the polite at
| tention shown in forwarding the document. and
the friendly expression which accompanied it,
| Be pleased TO accept sincere return of them.
JAMES MADISON
| JUDGE HIAsOy--OyR NEW MINISTER