t J' king roads and canals, and work--ever these 'circumstances do oc- cur, it is, 1 say, proot positive, uidi onc or both agencies have trans cended their proper limits; be cause, the very fundamental prin ciple of the system is a separa tion and preservation of the pow ers to their own proper spheres. We have, in the proper and strict sense of the word, no concurrent powers not even that of taxation, or that other which is talked a bout, a concurrency of jurisdiction of the Federal and State Courts over a certain class of cases. The separate and distinct cases of which class either of these judi cial spheres may lake charge of, separately, but certainly exclu sively to the other. The power of taxation in the two Govern ments is similar, but not identical. Taxation is the taking from the general wealth of the country by each Government, for its own pur poses, in its own sphere, that mo dicum or quantum which is neces sary for carrying on its legitimate operations; but these are not iden tical: they surely are, tho' alike, yet entirely different, separate, and distinct; and, if the People of this country understand their own in terest and well-being, they will take measures effectually to keep them so: for, if there is any thing of value in this system of Govern- ment which we have adopted, that ing on water courses, also to make appropriations tor building or constructing merchant vessels, to facilitate and regulate the trade between the United States and fo reign countries, and the coasting trade. And, for the same pur pose, in relation to the commerce among the States, carried on thro' canals and over roads, we shall, with the same propriety, be called on to make appropriations for building or constructing canal boats, wa irons 'and other vehicles. We should cut rather a singular figure in debating an appropria tion of fifty or a hundred thousand dollars to build a fleet of pedlars' wagons; but, in principle, it would be the same thing. Gentlemen must see, that, to push their doc trine to its consequences, would produce results of a most ludi crous character. The subject, or thing, to be regulated, is com merce between the United States and foreign nations, and among the several States, and with the Indian tribes. It is one, whole and entire. The power given in the Constitution to regulate, being commensurate with the tiling to be regulated, is also complete, and therefore exclusive, extend ing to the whole subject, and ex cluding the interference or parti cipation of any other power; and HOUSE OF REPRESENTATIVES. Feb. 26, 1828. The bill mak ing appropriation for Internal Im provements being still under con sideration, together with the am endment, oflered by Mr. Drayton: Mr. HALL said, 1 rose for the purpose of making an explanation which I find necessary to place my opinions in regard to the con stitutionality of this bill, in a pro per point of view. From the re port of the debate which took place on the 5th, it might bt in ferred that I had, in yielding to the request of the gentleman from South-Carolina Mr. McDuffie to withdraw my motion to strike out the first section of the bill, admit ted, what seemed to have been his opinion, that the constitutional question was not involved in the bill. On the contrary, however, I am decidedly of opinion, that the whole bill, from one end to the ether, in every part, is unconstitu tional, and that all and every item rests upon the same ground. It so happened, when the gentleman irom bourn-Carolina made the re quest to withdraw the motion, and accompanied it with a remark or two, I was engaged in conversa tion with a gentleman from New York, who made the same re quest. Had I have heard the re-! all the delegated and enumerated mark of the gentleman from South 'powers of this government. They Carolina, I should, at the time of are limited to and by the ob withdrawing the motion to strike !jects for which they were granted, out, have accompanied it with the and to which applied, and not explanation now made. The 'properly transferable to other pur withdrawal of that motion was r'n-lnn If w time tlint tlio Iwl tirely the result of a spirit of ac-'ral Gnvnrnmnnt is nno nf limitm! 'limited- find illiniitnMr it Una it commodation and civilitv to seve- rlMnomtivl :m,l rmiimnrnf rwl timr ll mi f fit intw imnn tin voru c'inm ral others, and the gentleman from crs. It has none but granted .principle that all the powers of Smith-Cirnl formed, had made the request, cause granted; and, consequently, subsidiary or mean power by which, as I have said, I did not any other than granted powers which all the granted powers are hear. This explanation was due j which it should exercise, would be to be carried into effect. This to myself, that my opinions might, usurpations, would be unconstitu- being its object and purpose, it is not be misunderstood here orjtional powers. The regulation, limited by and to this object, elsewhere. j therefore, of commerce, being ex-jThe use of money being the prin- I will now make a remark or clusively vested in Congress, tho ! cipal means for carrying into exe two in reference to an opinion ex-; State Governments cannot do orcution all the powers of the Gov presscd by two other gentlemen, j participate in it. And thus we "eminent a means without which tor whose accommodation the 'come to nmnf nnitivn ii,t thev I l 7 -J " I - J . , ..v. , - j 7- this constitutes the just limits of value can only be supported by maintaining in its integrity this very principle of separation, and not concurrency or collusion of powers. As to that constructive Pandora's Box, the appropriating power, though said by some able and distinguished men to be un- withdrawal was made. They seem to be of opinion that some parts of the bill were within con stitutional limits, under the power given by the Constitution to Con gress, to regulate commerce. But, if the gentlemen would re flect for a moment, they must see to what singular results this doc trine leads. The power to regu late, that is, to make legal rules and regulations, by which com merce is to be governed, is surely not a power to construct, to cre ate, or to make. If the power to regulate gives the power to con struct any one of the adjuncts of uie uiiii ruguiaiea, men it gives the power to construct all the ad juncts, of every description. If, under this power, Congress can construct roads and canals, and perform the mechanical opera tions necessary to the improving rivers and harbors within the juris dictional limits of the States if it can create or construct the wavs. then it may, by the same rule, construct the vehicles; and thus, m tune, we shall have here, with the same propriety with which we act on appropriation bills for ma- Congress has not the power to ex ecute a system of internal im provements within the States, un der the power to rcguN.te com merce; because, if it has, then the States have the same power, and may participate with it in the per formance of the same act, for the same purpose: for no one will pretend to say that the States have not the right to execute works of this description: and if tlie uovernment of the United States can do, or participate in doing, the same acts, then the power is a completely concurrent one; and 1 undertake to deny that any such powers exist nay, more, that they are at war with our whole system which is founded upon the principle that the two spheres of agency are distinct, se parate, and independent of each other each acting within its own sphere, competently to its own purposes. And I undertake to say that there is no better proof ot the unconstitutionality ol any act, than the clashing or concur rency, that is, the participancy jf me two powers in one and the same act anil purpose. When- extending this mean power to purposes to which it does not le gitimately belong, is just as much an act of usurpation as such an extension of any other power would be. In the course of this debate, the names of several distinguished citizens of this country have been mentioned, and their opinions, in relation to the subject of Internal Improvements, alluded to. It ap pears to me, therefore, a mere act of justice, that they should be heard in their own proper lan guage. Mr. Jefferson, in his In augural Address oi March, 1805, says: "that when the redemption "of the public debt has been ef fected, the revenue thereby libe rated, may, by a just repartition "among the States and a corres ponding amendment to the Con stitution, be applied, in time of "peace, to rivers, canals, roads, "arts, manufactures, education, and other great objects, within "each State." In his Message of December 2d, 180G, he remarks, that, "their patriotism would cer tainly prefer its contin "application to the great purposes I "of the public education, road "rivers, canals, and such other ob "jects of public improvements "may be thought proper to addlo "the constitutional enumeration nf "Federal powers." "The subjec "is now proposed for the consider "ation of Congress; because, if ap" "proved by the time the State Le! "gislaturcs shall have deliberated "on this extension of the Federal "trusts, and the laws be passed "and other arrangements ma "for their execution, the necessa "ry funds will be on hand, and "without employment. I suppoSfJ "an amendment to the Constitu "tion, by consent of the States "necessary; because the objects "now recommended are not am. "ong those enumerated in "Constitution, and to which it "permits the public moneys to be "applied." In his Message to the House of Representatives, of March 3d ( tow, iHr. lYiaaison savs: "flay. "ing considered the bill this day "presented to me, entitled 'An act "to set apart and pledge certain "funds for Internal Improvements; "and which sets apart and pledges "funds, 'for constructing roads and "canals, and improving the navi gation of water courses, in or "der to facilitate, promote, and "give security to the internal coin "merce, among the several States, "and to render more easy and less "expensive the means and provi sions for the common defence "I am constrained, by the insupe "rable difficulty I feel in reconci ling the bill with the Constitu tion of the United States, to re "turn it, with that objection, to the "House of Representatives, in "which it originated. "The legislative powers vested "in Congress, are specific, and "enumerated in the 8th section of "the first article of the Constitu tion, and it does not appear that "the power proposed to be exer cised by that bill, is among the "enumerated powers, or that it miis, uy any just inierpreiauuu, "within the power to make law it necessary and proper for carry "ing into execution those, or other "powers, vested by the Constit ution in the Government of tfr "United States. The power to "regulate commerce among tie "several States, cannot include a "power to construct roads and "canals, and to improve the nan "gation of water courses, in order "to facilitate, promote, and sf "cure, such a commerce, without "a latitude of construction depart; "ing from the ordinary import01 "the terms, strengthened by je "known inconveniences tvl)i,J' "doubtless, led to the grant of t "remedial power to Congress "To refer the powers in qucstio" "to the clause 'to provide fortD' "common defence and gcDC "welfare,' would be contrary "the established and cous "rules of interpretation; as reflj "dering the special and ca "enumeration of powers vK "follow the clause, nugatory a "improper." In a message of Mr. Monroe the House of Represent May 4th, 1822, we have the :t lowing: "A power to cstab'j. "turnpikes, with gates and to "and to enforce the collects

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