A Compilation of the Messages and Papers of the Presidents. Volume 2, part 1: James Monroe
History
A Compilation of the Messages and Papers of the Presidents. Volume 2, part 1: James Monroe
Monroe, James, 1758-1831; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
The declivities from the mountains and all the heights must suffer from
the frequent and heavy falls of water and its descent to the valleys,
as also from the deep congelations during our severe winters. Other
injuries have also been experienced on this road, such as the displacing
the capping of the walls and other works, committed by worthless people
either from a desire to render the road impassable or to have the
transportation in another direction, or from a spirit of wantonness to
create employment for idlers. These considerations show that an active
and strict police ought to be established over the whole road, with
power to make repairs when necessary, to establish turnpikes and tolls
as the means of raising money to make them, and to prosecute and punish
those who commit waste and other injuries.
Should the United States be willing to abandon this road to the States
through which it passes, would they take charge of it, each of that
portion within its limits, and keep it in repair? It is not to be
presumed that they would, since the advantages attending it are
exclusively national, by connecting, as it does, the Atlantic with the
Western States, and in a line with the seat of the National Government.
The most expensive parts of this road lie within Pennsylvania and
Virginia, very near the confines of each State and in a route not
essentially connected with the commerce of either.
If it is thought proper to vest this power in the United States,
the only mode in which it can be done is by an amendment of the
Constitution. The States individually can not transfer the power
to the United States, nor can the United States receive it. The
Constitution forms an equal and the sole relation between the General
Government and the several States, and it recognizes no change in it
which shall not in like manner apply to all. If it is once admitted
that the General Government may form compacts with individual States
not common to the others, and which the others might even disapprove,
into what pernicious consequences might it not lead? Such compacts are
utterly repugnant to the principles of the Constitution and of the most
dangerous tendency. The States through which this road passes have given
their sanction only to the route and to the acquisition of the soil
by the United States, a right very different from that of jurisdiction,
which can not be granted without an amendment to the Constitution, and
which need not be granted for the purposes of this system except in the
limited manner heretofore stated. On full consideration, therefore, of
the whole subject I am of opinion that such an amendment ought to be
recommended to the several States for their adoption.
Public-domain text, read in full here on John Shaqi.
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