H. OF R.] Cumberland Road. [FEB. 16, 1829. Mr. T. R. MITCHELL, of South Carolina, then took the grant of this authority as involving any interest in the the floor, and said that the great length of the dis- land, a second section is subjoined, giving a right of entry on cussion must have exhausted the patience of the the land to the commissioners appointed by the President to House, and rendered it necessary that he should apolo- lay out the road. Why grant a right of entry to the comgise for the farther tax which he was about to impose missioners, if she had ceded to the United States either a He assured the House that he made the at- sovereign jurisdiction over the soil, or an interest of any upon it. tempt with unfeigned reluctance. I do not speak with description in it? The most precarious and limited estate the hope of making a convert, [said Mr. M.] for, on a in lands-a mere tenancy at will-carries with it a right of subject so frequently discussed, and so profoundly exam- entry. We cannot attribute so much ignorance, so much ined, who has not made up his mind? I do not speak for folly, to an assembly so distinguished for its wisdom as the the sake of exhibition; for talents infinitely superior to Legislature of Pennsylvania, to suppose, for a moment, mine could give neither novelty nor ornament to a theme that, in one section, she should have ceded an interest in so threadbare. But I speak at the peremptory instance the lands, and in the next she should have granted a right of my constituents, who consider the power involved in the of entry. In further support of this construction of these amendment as unconstitut onal, and fatal to their liberties; acts, I offer the political opinions of Mr. Jefferson, who and claim it as their privilege to protest and remonstrate sanctioned the act of Congress. No man was more deliagainst its exercise by you. In a series of resolutions sub-cate with regard to the soil, nor more devoted to the sovmitted by their Legislature to this House, at the last ses-ereignty of the States, than this immortal patriot. Had sion, and suggested by them, you are called on, in the he obtained an interest in the soil, from those States, it stern and impassioned language of freemen, to retrace would have been in opposition to the principles by which your steps; to abandon that which you cannot justly hold; he had been elevated to the Chief Magistracy, and for the and to relieve their minds from those gloomy forebodings preservation of which he had sacrificed his seat in the cabi to which the assumption of this power naturally gives rise. net of President Washington. To go as far as he did, to In obedience to their will, I shall, therefore, as briefly as appropriate money to make the road, was a fundamental possible, present their views. error, which can be explained only by supposing that his imagination misled his judgment; that, convinced of the necessity of such a communication between the East and the West, and dazzled with its brilliant advantages, he did not examine, with sufficient coolness, the exact tendency of the measure with regard to the constitution. What, sir, does this amendment propose? Why, that this Government should cede, upon certain conditions, to the States of Virginia, Maryland, and Pennsylvania, any property which it has in the Cumberland road. And the important question which here suggests itself is, whether this Government has any property in the road? for, if it has But we all have to deplore this error. It has given rise not, the amendment will, of course, fall to the ground. If, to a new theory, under which, in a subsequent adminis sir, we have any property in this road, it must be derived tration, (that of Mr. Monroe) millions have been lavished, from one of two sources: either from the grant of those for no other purpose than to purchase aspiring men, or States, made by acts of their Legislatures, or by a power conciliate adverse sections. Mr. Monroe, afraid to abangiven to us by the constitution to make roads. Now, sir, don the doctrine that we have no constitutional power to if we examine the act of Congress under which this Cum- make roads, lest he should disaffect the party by which berland road was made, and compare it with the corres- he had been supported, and, at the same time, anxious to ponding acts of Maryland, Virginia, and Pennsylvania, we meet the views and promote the interests of his adversawill be convinced that it was neither the intention of Con- ries, took advantage of this error of Mr. Jefferson to estagress to obtain, nor the intention of the States to grant, blish a new construction on this subject, which is even any interest in the road. The act of Congress simply re-more dangerous, as it is more insidious, than an open unquires the President to adopt the most effectual means to qualified assertion of the power. Professing the greatest obtain the consent of those States that he should cause respect for the sovereignty of the States, and the sacredthe road to be laid out and completed within their re-ness of their soil, the United States, says he, has no power, spective territories." No cession of sovereignty over the under the constitution, to make Internal Improvements: soil, nor proprietary interest in it, was demanded by the I will sanction no act of that kind; but they can appropriGovernment; the only boon which it sought was simply an ate money, in any amount, to such undertakings, providauthority to make the road within their jurisdictions. A ed they be of a national character. Now, this is, in every road leading from the Atlantic to the waters of the Mis- respect, exceptionable. If we appropriate money to the sissippi was considered an object of great national impor- construction of a road, we certainly should have a control tance; it would promote the personal convenience of the over it; we should have the power to establish toll gates, people; it would give rise to a profitable commerce be- to keep it in repair, and of inflicting penalties for injuries tween the East and the West; and, above all, it would done to it. Under this construction, those immense surperpetuate the Union of the States. Congress thought it veys of routes of roads and canals have been made, and would be only necessary for them to make the road, as the works of this kind projected, which, if they were underinterests of the States would induce them to keep it in taken, will cost the people thousands of millions of dollars; repair. The act of Maryland, in answer to this applica- and, if not undertaken, will be millions thrown away, in tion, is expressed with the most circumspect precision. employing our engineers in idle peregrinations from one It simply authorizes" the President to cause the said part of the Union to another. It has been used as an enroad to be laid out, opened, and improved, in such gine of vile and corrupt electioneering. To conciliate a way and manner as, by the before recited act of Congress, section, the administration has no more to do than to lay is required and directed." Nothing more is here granted off a road or canal in it, and a powerful party is immedito Congress than a bare naked authority to lay out and ately formed in its support. The whole community is make the road. The act of Pennsylvania is, if possible, benefited by it; those who undertake contracts for exemore conclusive to this effect. The title of that act is, cuting the work; those who are employed on it as labor"An act authorizing the President to open a road through ers; shopkeepers and farmers who supply them; in fact, that part of this State lying between Cumberland, in the it is showering on them so much unexpected gold, which State of Maryland, and the Ohio river." The first section all scramble for, and all get a part of. Finally, if the conauthorizes the "President to cause so much of the said struction which I have put on these acts of Maryland, Virroad as will be within the State to be opened, so far as it ginia, and Pennsylvania, be not correct, all language is may be necessary the said road should pass through this unintelligible, and laws are not guides, to direct, but false State." And to prove that Pennsylvania did not consider lights, to deceive and confuse us. FEE. 16, 1829.] Cumberland Road. [H. or R. But admitting that the acts of these States do convey establish. According to my understanding of it, its meanan interest in the lands to the United States, they are ing is to fix--to make firm--to build." Admitting this to invalid, whether you consider them as independent be true, neither of these words conveys the idea of make, sovereigas, and subject to those laws which are common to when applied to roads. It would not be correct English to all sovereigns, or as members of this confederacy, whose say that the United States intend to fix a road, to make powers and rights are created, distributed, and defined, firm a road, or to build a road, from Wheeling to Zanesby the constitution. Vattel lays it down as a maxim, that ville, when they intend to make a road from one of those no sovereiga can transfer any portion of public property, places to the other. If a road be too soft and miry, you or of the possessions of a commanity, under its right of may make it firm, but there you suppose the road already eminent domain, but from necessity, or for the public made: so, you may fix a gate, or build a house on a road; safety. This is, in fact, almost denying the right to part these, also, suppose the road to be in existence. If, therewith the eminent domain under any circumstances. For, fore, the word establish be synonymous with each of these it can hardly be said that we have a right to do an act, be- words, it would not advance the Secretary a peg in his cause it may be extorted from us, which we are compelled argument; for neither of them conveys the idea of make. to do, from the irresistible operation of necessity, or the But establish is not synonymous with either of these words; public safety. In this instance, if the States had conveyed for, if you substitute it for either, the sentence will be their land to the United States, it would have been merely nonsense. "He established a house in the city of Washon a principle of pecuniary advantage, to be relieved from ington last summer"-would you suppose me to say that the expense of making a road, from which incalculable"he had built a house there?" He filled up that quagbenefits were expected to result: and this would not mire with stones, and established it--would you underamount to either of the exigencies which, according to stand me to say he had made it firm? Or that picture is Vattel, will justify the transfer. established to, or on, the wall-could I mean that the picBut, considering the States as they ought to be consid-ture was fixed to the wall? For the above definition of ered, members of the confederacy, the transfer of the land the word establish, Mr. Clay quotes the Dictionaries. But was also invalid. The States are restrained from convey they are surely not the highest authorities for the signifiing to the United States any portion of their territory but cation of words. Classical and scientific writers, and orfor two purposes: either as a seat of national legislation, dinary conversation, are the only sources from which we or as sites for forts, arsenals, dock yards, &c. In the first, can learn their true meaning and application. To them, they are limited by the clause in the quantity to be trans- the writers of D'ctionaries have to resort, for the definiferred. They can convey no more than ten miles square. tions which they give. But supposing, in strictness, these In the second, they are limited by the nature of the objects; words mean the same, they are not so used in the conias forts, and other works of defence, can occupy but a mon intercourse of life, such an application of them would very small surface. Had the States retained the power not be understood by nine-tenths of mankind. Make is the to convey their lands to the United States for roads, it word which the most established authorities have adopted surely would not have been necessary to insert this clause, in such case. It cannot be supposed that the framers of as the transfers of lands, provided for by it, are for our constitution, who were masters of the language, would purposes of much higher importance, nay, of absolute ne-use any word in an obsolete, quaint, or far-fetched sense, cessity. They who had an inherent right to convey lands in an instrument which was intended to be read and unto the United States for commercial roads, would surely derstood by men of all classes, capacities, and degrees of inhave the right, without the authority of the constitution, formation. Nor can it be supposed that they would have deto convey it for purposes infinitely more important; for legated a great power to Congress, but in language which national legislation, or the common defence. If the Le- could not be misunderstood. Critics have said that our constigislature of a State can convey to the United States one tution contains more pure English than any other compofoot of land, for other purposes than those prescribed in sition of the same extent, in the whole sweep of American the constitution, it can convey the whole of its territory.and English literature. I am persuaded that the Secretary But is it not monstrous to suppose that the existence of a would not have hazarded such an application of the word State should have been left dependent on the will of so establish, as the above, either in his diplomatic corresponsmall a body as a Legislature? Does this agree with that dence, or in those splendid addresses with which he dazjealousy of power which the people of this country evinc-zled the House of Representatives. Now, sir, give the ed in the formation and adoption of the constitution? Does word establish its true meaning, which is to designate, to it agree with that distrust which they continue to mani-adopt---and the difficulty vanishes. fest towards their rulers? Or does it agree with that good Post Office Department, Congress has the right to use the sense and foresight for which they have ever been distin- roads of the States, and to select those which will best guished? No principle in politics or morals can be safely suit its purpose. This was all the power or control over adopted which leads directly to an absurdity. It is clear, roads which was intended to be granted by this clause to therefore, that we can find nothing in these to warrant the that body. Would the Convention, that assembly of sages conclusion that any valid interest in the Cumberland road and patriots, have delegated a power which could never be has been ceded to Congress, by the States of Maryland, exercised: which, from its very nature, must have been Virginia, and Pennsylvania. If, then, we have any wholly useless? Why, sir, if the Cumberland road, one transferable interest in the soil; if we have any pro- hundred and thirty miles long, has cost two millions two perty in this road, which we can cede to the States, it hundred thousand dollars, what amount of money would must arise out of a general power, delegated to us by the it require to make one hundred and fourteen thousand constitution, to make roads. I shall very briefly state the six hundred and five miles of road, over which the mail is These deleading arguments in favor of this grant of power, and as now carried? I cannot enumerate the result. briefly state my objections to them. tails were, of course, unknown to them; but they knew The present Secretary of State [Mr. CLAY] is the only the boundless extent of our country; its rapidly increas man of eminent abilities who considers this right to make ing population; the importance of diffusing information roads as expressly delegated to Congress by the constitu- by mail; that this mail must pervade every part of the tion. He affirms that it is expressly granted in that clause Union, extended as it might be; and that, to be extenin which we are authorized "to establish post offices and sively useful, postage must be so low as to do no more post roads." He says, "the whole question, on this part than pay the expense of transportation. Such a grant of of the subject, turns upon the true meaning of this clause, power could never have entered into the minds of men and that again upon the genuine signification of the word barely sane, much less of men so distinguished for wisdom. VOL. V.-45 Entrusted with the H. OF R.] Cumberland Road. [FEB. 16, 1829. Others, who have contended for our right to make roads, that our power "to provide and maintain a navy" imhave considered it not as expressly delegated, but as im- plied the power to create admirals? Who ever doubted plied; some deriving it from our power to regulate com- that our power to regulate commerce with foreign nations merce among the several States; others from our power implied the power to establish custom houses, create colto declare war; and a few, happily for the country a very lectors, and build and equip revenue cutters? Wherever few, from our power to lay and collect taxes to provide one power is necessary to another, the association befor the common defence and general welfare. I shall tween them is so close in the mind, that each suggests the very briefly touch on these several implications, as I know other; it requires no train of reasoning to prove the conthat your patience is exhausted. Now it is said that our nexion. That there is an affinity between these two power to regulate commerce among the several States powers cannot be denied; but an affinity as close, if not carries with it the power to make commercial roads. To closer, exists between all the expressly delegated powers. regulate commerce can signify nothing more than to make The powers to provide and maintain a navy; to declare rules for its government. The phrase cannot be extend- war; to establish post offices and post roads; to establish ed to the supply of the means by which it may be facilitat- uniform laws on the subject of bankruptcy; to constitute ed or increased. We might as well say that, under this tribunals inferior to the Supreme Court; to coin money; power, we were authorized to furnish ships in the for- each and every one of these has as close an affinity to the eign, and wagons in the home trade, for the carriage of regulation of commerce as the power to make roads. merchandise. Good roads cheapen the article to the Why, then, was not the power to make roads expressly consumer, and if Government furnished wagons, the granted? If powers having a closer affinity to each other merchant could not charge his customer with the expense have been expressly granted, and the power to make of transportation. They would produce the same effect roads is not, the inference is irresistible, that it was on the price of the commodity. And if the facilities and not the intention of the framers of the constitution to advantages which good roads give to our internal com- grant it. Why should an express power be necessamerce authorized us to make them, similar facilities and ry to provide and maintain a navy, when it is alladvantages would authorize us to furnish the means of important to the protection of commerce; while the transportation. Unless, therefore, it can be shown that power to make roads, by no means so essential, may the word regulate is synonymous with facilitate or increase, be exercised by hare inference or implication? Is not this position cannot be maintained. This, however, will the power to make roads a right of sovereignty? Is not appear more evident, when we ascertain the meaning of the exercise of many other sovereign powers necessary the terms "implied power," as used in the constitution. to the execution of it? Can you make roads without layWe have in that instrument two explanations of these ing taxes; without compelling the citizens to part with terms, both arriving at the same result; one in the last their soil against their will? Does it not involve the pow clause of this section, (1st Art. 8th Sec.) authorizing user to establish tolls and toll gates, and the power to preto make "all laws which shall be necessary and proper for scribe and enforce penalties for injuries committed? What carrying into execution the foregoing powers," whereby exercise of sovereignty is more plenary than this? Whean implied power must be necessary to the execution of ther, therefore, we consider the importance of this power the expressed power; and one to be derived from the re- to make roads, or its relation to that of regulating com. lation which exists between the expressed powers, where-merce, we must conclude that it cannot be considered an by it is manifest that a power which has merely an affinity implied power; and as it was not expressly granted, it to an expressed power cannot be implied, but must be cannot be exercised. expressly granted; and it will be shown that the power to make roads has no more than an affinity to the power of regulating commerce. Again: It is said that the power to declare war implies the power to make military roads. The power to make roads having no more than a bare affinity to the war powNow, when may one power be said to be necessary to er, all the above reasoning applies to it with equal force. another, according to the clause of the constitution cited But there are other reasons applying to this particular above? When there is an inseparable connexion between power, which go still further to confirm and strengthen them? When the one cannot be executed without the my conclusion. If the convention had formed our Governother? I will endeavor to illustrate this. The power to ment for a nation of barbarians, inhabiting an unbroken lay and collect taxes carries with it the power of appoint- forest, where the traveller regulated his course from one ing tax gatherers: for, without them, or agents of the point to another by the sun in the day, and by the stars kind, the power of laying taxes would be completely in- at night; a nation so rude and uncivilized that no reasoneffectual: so, the power of appointing tax gatherers would ing could convince them of the benefit of making roads, be nugatory, without the power of laying taxes; these arc it might have been necessary that the right should have mutually dependent, and inseparable from each other. been reserved to Congress. But so far from this, the conAgain: the power to establish post offices and post roads stitution was formed for the government of thirteen socarries with it the power to appoint postmasters. There vereignties, each of which not only had the power to is the same relation here as in the former case. Now, is make roads, but had actually made them wherever they there this inseparable connexion between the power were necessary. The sovereignties were inhabited by an to regulate commerce among the several States, and the enlightened, sagacious, enterprising, and commercial peopower to make roads? Can we not imagine them apart? ple, devoted to their interest, and fertile in devising the Cannot a power to regulate commerce exist without the best means to obtain it; who could, under no possibility, power to make roads? Has not this been the practice in have been so blind as to be without roads for every militaour country ever since the establishment of this constitu- ry and commercial purpose. Again: They had just emerg tion? Has not the Federal Government regulated com- ed from the Revolutionary war; two armies had traversed merce, while the States have made roads for its transporta- the United States in all directions; at one time we see tion? Again: what is the natural order of things? Roads must them arrayed against each other at Boston, at another time be made from one community to another, before commerce at Saratoga, then at Long Island, and last of all at Yorkcan exist between them; and commerce must always precede town. Does it appear that there ever was any want of the exercise of the power to regulate it. Finally, is not military roads? When the immortal Washington, crossthe doubt which exists in this House, of its being an implied power, proof positive that it is not? For, if there was a necessary connexion between them, it would strike the mind with the force of an axiom. Who ever doubted ing the Delaware, in a freezing night of December, made that rapid and brilliant movement on Princeton and Trenton, by which he covered his standard with glory, and revived the spirits of a desponding country, did he not find 1 FEB. 16, 1829.] Cumberland Road. [H. of R. military roads to accomplish his high design? With these which the most cruel and extortionate tyranny can inflict. events fresh in their minds, and with the above facts be- Did Tiberius ever issue an edict which was not for the fore their eyes, could the convention have thought it ne- general welfare? Did not Henry justify the massacre of cessary to delegate this power to the General Government? St. Bartholomews by the general welfare? During the We know that that illustrious assembly delegated power late revolution, when the city of Paris, nay, the whole to this Government with the utmost caution, and with the territory of France, floated with the blood of her butchermost fastidious jealousy. No more was granted than what ed people, was it not for the general welfare? Even the was absolutely necessary. Many of its most enlightened Dey of Algiers, that ruffian despot, when he orders an inand fervently patriotic members contemplated the Federal nocent victim to the bow-string, will tell you that it is for Government, when it was barely sketched out, and before the general welfare. it was filled up and burnished off, with the most dismal And yet the Congress of the United States, notwithforebodings. They viewed it as a monster, which would standing all the pains and labors of our ancestors to bind not only devour up the State sovereignties, but trample it to a circumscribed sphere of action, is loosed by this under its enormous hoofs the liberties of the people. God construction from its fastenings, and its power limited by grant that their gloomy apprehensions may not be realiz- what, after all which has been said, can only be resolved ed! God grant that we, or these immediately after us, into the will of its members. But it was to guard the may not, amid the wreck of the noblest institutions, have People against the blindness, the imbecility, and corrupcause to weep over those calamities which their prophetic tion of this will, that the constitution was formed; that spirits foresaw! They were willing to suffer all the evils the sovereign power was distributed and defined; that the of the old confederation: its feebleness, its pecuniary em- great principle of responsibility was grafted into it. Let barrassments, its commercial difficulties, and heart-burn-us imagine a case perfectly consistent with this construcing jealousies, rather than expose that liberty, which they |tion, and not inconsistent with the present state of things. had achieved by toil and blood, to the deadly grasp of a We might deem it to be for the general welfare to purdespotism of their own creation. chase Cuba from Spain, and some plausible reasons might I come now to the last source from which this power to be assigned for it. Cuba is only a biscuit's throw from make roads is derived, and that is the clause which autho- Florida; it commands the passage which our vessels use rizes us to lay and collect taxes to provide for the common in going to and from New Orleans. But, having purchasdefence and general welfare. And here I must again quote ed it, it might not be for the general welfare to admit it Mr. Clay. It is well known that this eminent man has into the Union, but that it should remain what we call a built his popularity very much on what he erroneously territory, what the Romans called a province, and the calls the American System, and that, on the floor of this modern Europeans a colony. It might be for the general hall, he was unquestionably the most zealous and able welfare to impose on its wretched inhabitants a governchamp on of Internal Improvement. His glowing descrip- ment as cruel and extortionate as that under which Sicily tions of grandeur and prosperity, arising out of the exer- and Syracuse groaned in the time of the infamous Verres. cise of this power, dazzled the public mind; and the peo- We might arm our territorial governor with all the powple, confounded by the crowd of cities, the mighty re- er of a Roman quæstor or proconsul, and abandoning sults of commerce and manufactures, and the beautiful the old principle of taxation and representation, adopt landscapes of agriculture, which his imagination presented, the more summary and vigorous process of arbitrary ashave forgotten that they were abandoning a real power for sessment. All this might easily be effected under this a delusive picture-a power, the exercise of which, by construction: for, admit the right to purchase, and you this Government, will shake this Union to its basis--for a may govern the island as you please. A keen and thrifty dream, a phantasm, the creation of a poet's brain. Yet, administration, skilled in the art of direct and indirect notwithstanding his enthusiasm and devotion to Internal taxation, and in the still nobler art of compulsory contriImprovements, he peremptorily disclaims that construc-bution, might raise from that rich country a revenue tion of this clause which would warrant us in making roads little short of that of the United States. "As we the and canals. He says that such a construction "would convert people of the United States" would not feel it, what a cautiously limited Government into one without limitation." would hinder you from appropriating it to yourselves? I quote him with pleasure, because the admissions of an Your Committee of Retrenchment might, in such case, inenemy frequently are of more avail than the most pro- crease its fame, and your own popularity, by reducing found reasoning of a friend. When the great advocate of your per diem to a nominal sum; by allowing you no more Internal Improvements avers that a construction which than what would pay for your soda water. But with such goes to support his favorite theory is false and dangerous, an income, would it be difficult to convert you from a who will doubt the correctness of his conclusions? But biennial into a septennial, or an assembly for life? With there is a set of politicians in this country, few in number, money enough, what would prevent your continual reand daily declining in public estimation, who give to this elections. And when I say so, I do not mean to charge construction the broadest latitude. They boldly tell you my countrymen with even ordinary corruption. No, sir. that Congress has an unlimited power to tax, and an un- Before my God, I believe them to be the most virtuous limited power to appropriate to any object which may be people on earth. But money is moral power, equal in for the general welfare, without regard to the express effect to military force. Suit the pill to the palate, and grants of power, provided those objects may be effected any man may be bought; bought, sir, without his dreamor attained by money. And, under this construction, the ing it. He may be a sold slave, while he believes himgreatest, most expensive, and chimerical works of Inter- self to be a free man, actuated by the noblest principles. nal Improvement have been supported and justified; works Need we go out of this hall for illustrations of this truth? which will involve the United States in the expenditure When once a government swings from the moorings of countless millions, the greatest portion of which will be of the constitution, no one can say where it will stop. It paid from that revenue which the produce of the South may become the most absolute despotism, and retain all its pours into the Treasury. If what we deem to be for the republican forms. Look at that country, whose language general welfare is the limit of appropriations, I ask where we speak, from which we are descended, (not me, sir,) that limit is? Is it not like the horizon, always before us, and with which we must forever be in contact as friend or and never to be arrived at? What, sir, is the general wel- foe. See the exemplification of this truth in her House fare' Just what you please to have it; any thing which of Commons. That body was created to represent the the most capricious imagination can conceive; any thing people, to protect their rights, and to oppose the prewhich the most profligate ambition can devise; any thing rogatives of the crown. In the revolution of 1688, not H. OF R.] Cumberland Road. [FEB. 16, 1829 very much more than a century ago, it was reformed and of manufactures, and of commerce, are within the sphere restored to it primitive purity. What is it now? The of the National Councils, as far as regards an application representative of the people? No, sir. It is the repre- of money." sentative of the crown. The king and his ministers Now, this gives us jurisdiction over all the concerns of command a majority in it. Is it a shield against the en- man. His individual industry, no matter how en ployed, croachment of royal prerogative? The very reverse of whether in agriculture or manufactures, is subject to our this; the engine by which arbitrary power may be ex-regulation; and this paternal authority is extended even erted with impunity, and with all the sanctions of law. to our youth, whose educat on we have an equal power to And yet, sir, it is, in name and exterior form, what it has control and direct. Does not this carry the legislation of ever been. But oh! how different in reality. A scat Congress into the work shop and the farm yard; into the in that assembly, which was the voluntary gift of the school and the warehouse' Does it not strip every fedepeople, the reward of virtue and talent, is now obtained ral feature from the Government? What is wanting to by the most vicious corruption or an article of open mer-make it as national as that of England? Does it not chandise, as much so as the coal of Cornwall, or the tea sanction tariffs, internal improvements, a national uniof the India company; and that which was intended to versity, &c.? What is left to the States? But hear the represent intellectual beings, now represents decayed commentary on this opinion by the immortal patriots who and untenanted houses. And whence did this arise? composed the House of Delegates of Virginia in 1798: From free construction, aided by money. A borough was "Now, whether the phrases in question be construed a trading town, and it was allowed a member to repre- to authorize every measure relating to the common desent its commercial interests. But, although its inhabi- fence and general welfare, as contended by some, or tants have abandoned it, its commerce is no more, and every measure only in which there might be an appl instead of being owned by many, who had peculiar rights cation of money, as suggested by the candor of others, to be protected, and also a community of interest with the effect must be substantially the same, in destroying the people at large, is now owned by a single individual, the import and force of the particular enumeration of whose situation sets him at an eternal distance from the powers which follow these general phrases in the cenpeople. It is still a borough; it still sends its member; stitution: for it is evident that there is not a single power not elected by a part of the people of England, but nomi- whatever, which may not have some reference to the nated and appointed by the owner of the soil, and this common defence and general welfare; nor a power of member has, on the floor, all the political rights and pri- any magnitude, which, in its excrc'se, does not involve vileges with the representatives of the great city of Lon- or admit an application of money. The government, don, or the county of Norfolk. Yes, sir. This was eftherefore, which possesses power in either one or the fected by free construction; by an application of the dec-other of these extents, is a government without the Btrine, which I am contending against, to that government; mitations formed by a particular enumeration of powCTS; by a perversion of magna charta, as fatal as that which is and, consequently, the meaning and effect of this parnow sapping the vitals of our constitution, and making it ticular enumeration is destroyed by the exposition given any and every thing. of these general phrases." A The present advocates of this doctrine have, however, Now, sr, according to this, in order to give our Gono claim to originality. Imitatorum servile pecus, they vernment absolute and indefinite powers, you have only follow their bell-wether Alexander Hamilton. It is well to adopt the above rule of construction. With whatever known that this mistaken but highly gifted man (perhaps unconcern or apathy you may regard it, the people, in more highly gifted, as to mere intellect, than any of his 1798, were so alive to its pernicious tendency, that they contemporaries) was sceretly and at heart a friend to mo-withdrew their support from the then administration, and narchy. He exerted himself in the convention to give formed that party, headed by Mr. Jefferson, which achievall the strength and energy which he could to the Fede-ed the glorious revolution of 1801. This was the distineral head. He afterwards espoused the cause of the con- tion--the sole distinction--between the federalists and stitution, and was, in truth, greatly instrumental in cf republicans. And does not the same distinction exist fecting its adoption; not because he approved it, but now among the members on this floor if a free con because it was the strongest government which could go struction of the constitution, which gives this government down. He labored, in the Federalist, to excite jealousies all power, and annihilates the State sovereigntics, coiagainst the States, and wrote paper after paper, with stituted a federalist in 1798, why should it not constitute a great force and cloquence, to show the tendency of federalist in 1829 Will the simple assumption of the federal governments to anarchy among the members, name republican cure this radical defect? Names are not rather than tyranny in the head;" and, by this means, substances; they do not alter the nature of thingsto inspire the people with unlimited and uninquiring man may profess what he pleases; he may call himself confidence in the General Government. And as soon as democrat or republican; but, as long as he adopts and he became a member of Washington's cabinet, he adopt-maintains this heresy of Alexander Hamilton, he is a feed this free construction-this general welfare doctrine, deralist, and can be considered in no other Eight. Sr, if as one by which he might enlarge the powers of the a Turk were to shave h's beard, throw off h's turban 21 d General Government to an unlimited extent; supply what his trowsers, adopt our costume, and join a Christau was deficient; and, against the will of the people, and church, would you call him Christan, when you knew without their knowledge, saddle them with a monarchy, that he still made the Alcoran the guide of his conduct; under the form of a republic. To prove that I do not that he looked forward to a paradise of voluptuous enjoymisrepresent him, permit me to quote two short passages ment; and, that his creed was, "there is but one God, from the resolutions of the Virginia House of Delegates, and Mahomet is his prophet!" passed in 1798, one of which contains his theory, and the I know it has been said, here and elsewhere, that it is other (the commentary of the delegates) the direct operation invid ous and ill natured to expose to view these old sand effect of that theory. It is contended by Mr. Hamilton: tinctions, which have long since ceased to exist. if this "To belong to the discretion of the National Legisla- were the fact, the cbservation would be correct. But ture to pronounce upon the subjects which concern the there is not a single constitutional measure, from the time general welfare, and for which, under that description, an of Mr. Jefferson down-there is not a single congressten: 1 appropriation of money is requisite and proper. And argument upon it--which does not demonstrate that tis there seems to be no room for a doubt, that, whatever paity, so far from having ceased to exist, is now full of concerns the general interests of learning, of agriculture, life, energy, and enterprise, and unceasing in its exer |