This question became a definite issue in Congress for the first time on December 19th, 1805, when a committee of the Senate, charged with the duty of reporting to the Senate an opinion as to how the money appropriated in the Enabling Act for Ohio ought to be applied, recommended the use of it for the building of a road across the Alleghanies from Cumberland, in Maryland, to a point upon the Ohio River, near Wheeling, in Virginia. If we may take the first Act passed by Congress, that of March 29th, 1806, in regard to the matter as expressing the views of the Government and the people upon the subject, we must conclude that the first matured ideas were that the general Government had the power to lay out and construct roads within and through the Commonwealths, by and with the consent of the Commonwealths through which they might pass. The Cumberland road was originally built by the general Government, after the consent thereto of Maryland, Pennsylvania, and Virginia had been obtained. The appropriations for subsequent repairs upon the road were, however, not considered as requiring the consent of those Commonwealths before being made or expended. [Sidenote: Madison's ideas upon internal improvements.] The second stage in the evolution of opinion upon the subject was attained in the year 1817, when Mr. Madison vetoed Mr. Calhoun's bill for setting aside the bonus and the dividends to be paid to the Government by the United States Bank as a fund for constructing roads and canals, and {117} improving the navigation of water-courses in the several Commonwealths. This bill proposed to authorize the general Government to expend the money, thus appropriated, only with the consent of the Commonwealth, or Commonwealths, in which the proposed improvement might lay, antecedently given, and distributed the sum to be spent among the Commonwealths according to the ratio of their representation in the national House of Representatives. As has been pointed out, Madison vetoed this bill on the ground that the power to enact it was not to be found among the enumerated powers of Congress, and could not be regarded as a necessary and proper means for carrying out any of the enumerated powers. The President drew no distinction between the power to construct internal improvements and the power to appropriate money for their construction, nor between such powers and the power to administer them, or to exercise jurisdiction over them. He regarded all, or any of these things, as unwarranted by the Constitution. He furthermore declared that the consent of the several Commonwealths to the exercise of such powers by the general Government could not make the exercise of them constitutional, unless that consent should be given in the form of an amendment to the Constitution.