Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
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Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
surprise and my indignation, were he to shut it up, by the erection of
toll-gates, and prohibited me from passing unless I paid him toll.
Should Congress act upon the precedent which the passage of this bill
would establish, it is impossible to foresee the dangers which must
follow, to the States and to the people of this country. Upon this
branch of the question, permit me to quote the language of Mr. Monroe,
in his celebrated message of May, 1822, denying the constitutional power
of Congress to erect toll-gates on the Cumberland Road. “If,” said he,
“the United States possessed the power contended for under this grant,
might they not, on adopting the roads of the individual States for the
carriage of the mail, as has been done, assume jurisdiction over them,
and preclude a right to interfere with, or alter them? Might they not
establish turnpikes, and exercise all the other acts of sovereignty
above stated, over such roads, necessary to protect them from injury,
and defray the expense of repairing them? Surely, if the right exists,
these consequences necessarily followed, as soon as the road was
established. The absurdity of such a pretension must be apparent to all
who examine it. In this way, a large portion of the territory of every
State might be taken from it; for there is scarcely a road in any State
which will not be used for the transportation of the mail. A new field
for legislation and internal government would thus be opened.” Arguments
of the same nature would apply with equal, if not greater force, to
those roads which might be used by the United States for the
transportation of military stores, or as the medium of commerce between
the different States. I shall not now enlarge upon this branch of the
subject, believing it, as I do, to be wholly unnecessary.
Public-domain text, read in full here on John Shaqi.
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