Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2) — John Shaqi
Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
History
Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
Of the last appropriation for continuing the Cumberland Road, there
remained a balance in the Treasury of less than $10,000. In the General
Appropriation Bill of this session (1822), provision was made for the
repair of the road. A member from New Jersey moved to increase the
amount. On this amendment there was an animated discussion, in which Mr.
Buchanan appears to have considered that this public work was so
beneficial to the general prosperity of the Union, that Congress might
well appropriate the money needed for its support. “The truth is,” he
said, “we are all so connected together by our interests, as to place us
in a state of mutual dependence upon each other, and to make that which
is for the interest of any one member of the Federal family beneficial,
in most instances, to all the rest. We never can be divided without
first being guilty of political suicide. The prosperity of all the
States depends as much upon their Union, as human life depends upon that
of the soul and body.” It is quite obvious that this kind of reasoning
was, however true in the general, too broad and sweeping to justify the
appropriation of money from the Federal Treasury for a public work which
could claim no other than an incidental and remote relation to the
prosperity of all the States. Every appropriation of money by Congress
must rest upon some specific power of the Federal Constitution; and
although Congress has a specific power “to regulate commerce among the
several States,” and while it may be admitted that commerce includes
intercourse, it has been from the first, and still is, a serious
question whether this grant of the power of commercial regulation
includes a power to establish and maintain the means by which commerce
is carried on, and by which intercourse may be facilitated, unless such
means fall within the designation of “post-roads,” and are established,
primarily at least, for the transmission of mails. The appropriation
proposed for the continued support of the Cumberland Road failed, and
then came the question, in a separate bill, of imposing tolls for the
support of the road. Mr. Buchanan voted for this bill, as did most of
his colleagues from Pennsylvania, and it passed both Houses. But on the
4th of May (1822), the President, Mr. Monroe, returned the bill with a
very long message, stating his objections to it. From this voluminous
message, we may extract, although with some difficulty, two positions;
first, that in Mr. Monroe’s opinion, Congress had no power to raise
money by erecting toll-gates and collecting tolls, and that the States
cannot individually grant such a power to Congress by their votes in
Congress, or by any special compact with the United States; secondly,
that Congress having an unlimited power to raise money by taxation
general and uniform throughout the United States, its absolute
discretion in the appropriation of the money so raised is restricted
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