ABSTRACT
But the gentleman from Virginia [Mr. Archer], who has just addressed you, admits the power to make military roads and canals. This, Mr. S. said, he considered a surrender of the whole question. The gentleman says it properly belongs to the power “to raise armies and provide for the common defence,” and thus admits the right of Congress to select the means to accomplish the ends of government; and if a majority of Congress think roads and canals necessary and proper for the transportation of the mail, and the regulation of commerce, they have, undoubtedly, upon the same principle, and by virtue of the same power, a right to make them. But even suppose you confine its exercise to military roads and canals; by this you can accomplish all the great objects contemplated by the friends of this bill. If the honorable gentleman will compare Mr. Gallatin’ s report, which embraces the whole subject for mail, military, and commercial purposes, with the report of Mr. Calhoun, now at the head of the War Department, on the subject of “Military Roads and Canals,” he will find their systems, in all material respects, to be the same. Mr. Calhoun, in fact, says, at the close of his enumeration: “Many of the roads and canals which have been suggested are, no doubt, of the first importance to the commerce, the manufactures, the agriculture, and political prosperity of the country, but are not, for that reason, less useful or necessary for military purposes. It is, in fact, one of the great advantages of our country, enjoying so many others, that, whether we regard its internal improvement in relation to military, civil, or political purposes, very nearly the same system, in all its parts, is required. The road or canal can scarcely be designated, which is not highly useful for military operations, and which is not equally required for the industry or political prosperity of the community;” and had the roads and canals pointed out, he adds, 323“been completed before the late war, their saving, in that single contest, in men, money, and reputation, would have more than indemnified the country for the expense of their construction.” He then recommends the very plan proposed by this bill for procuring the necessary plans and estimates, as preliminary to their execution; so that, by passing this bill, you do no more than has been required by the Secretary of War for military purposes alone; and the gentleman from Virginia [Mr. Archer], who has admitted the power to make military roads and canals, may, with perfect consistency, support this bill with a view to strengthen the military defences of the country. And, having the power to make roads and canals for the defence of the country, will it be seriously contended that the State through which they pass may defeat them, though indispensably necessary for the safety and best interests of the country? To give the power to defend the country, without the means of its execution, would be ridiculous and absurd; it would be a degree of folly which could not be imputed to the wise framers of our excellent Constitution; besides, these powers were perfectly innocent and harmless. What possible injury could result? If, in their exercise, Congress should transcend the limits of a sound discretion; if they should resort to means not “necessary and proper,” to attain the end—the Supreme Court, possessing a power of supervision and control, will correct it. But, sir, if the liberties of this country—if the States have any thing to fear from the General Government, it is not from their incidental or resulting powers; it is from their great and express powers; the power to “raise armies,” and to “lay taxes.” Here their power is not only unlimited, but it is without check, without control.
