The Old Pike: A History of the National Road, with Incidents, Accidents, and Anecdotes ThereonSearight, Thomas B. (Thomas Brownfield)
History
The Old Pike: A History of the National Road, with Incidents, Accidents, and Anecdotes Thereon
Searight, Thomas B. (Thomas Brownfield)
Cumberland Road; Pennsylvania -- Biography
were willing to go before and vest millions of their private funds in
works strictly and truly national, connecting the remote sections of the
Union together (of which we had two distinct examples, one in this
district and the other in a neighboring city, Baltimore), could this
government, charged with the care and guardianship of all the great
interests of the nation, look on with cold indifference? Was it not our
duty to lend a helping hand to encourage, to cheer, and to sustain them
in their noble and patriotic efforts? * * * *
Mr. Stewart said he would now proceed to answer, as briefly as possible,
some leading arguments urged by gentlemen in opposition to the bill
under consideration. His colleague (Mr. Buchanan) had said that this
bill proposed a greater stretch of power than the sedition law. This was
an argument "ad captandum vulgus." He would not do his colleague the
injustice to suppose that he was so ignorant of the Constitution of his
country as seriously to address such an argument to the understanding of
this House. The bill under consideration was necessary to carry into
effect the express power of transporting the mail. What power of this
government was the sedition law intended to carry into effect? None. It
was therefore not only clearly unconstitutional on this ground, but it
went directly to abridge the freedom of the press, and, of course, was a
plain and palpable violation of that provision in the Constitution,
which declares that "Congress shall make no law abridging the freedom of
speech or of the press." Now, if his colleague could show any provision
in the Constitution in the slightest degree impugning the right of
Congress to pass this bill, then he might have some excuse for offering
such an argument, otherwise he had none. The gentleman had, in a very
labored effort, endeavored to prove that this government had no kind of
jurisdiction or control whatever over this road. Yet his own amendment
recognized the existence of the very power which he denies. By his
amendment he proposes what? That this government shall cede the roads to
the States, with the power to erect gates and collect as much toll as
was necessary to keep it in repair. But his whole argument went to prove
that Congress did not possess the very power which his amendment assumed
and proposed to the States. The gentleman's amendment, and his speech
therefore, were at open war with each other, and would perhaps both
perish in the conflict. Certainly, both could not survive--one or the
other must fall.
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