. Jefferson gave his sanction to the Cumberland road, to be
made at the national expense, provided the states through which it would
pass gave their express assent to it. The states of Virginia, Maryland,
and Pennsylvania, did pass laws giving such consent. It was not then
considered that congress had not the power of appropriating the money in
the treasury to all purposes of general utility, provided they did not
assume any other power, in the exercise of this; and it is clear that
Mr. Jefferson did not think that the construction of a road, _with the
consent_ of the states through which it passed, was such an exercise of
power. Yet after the road was made, by this growing disposition to
strict construction, it was discovered that congress had no power to
make such appropriations, under the constitution, and if the power could
not be derived from that instrument, the consent of the states
interested could not give it. It is here worthy of remark, that many of
those who maintained that the general government possessed the power of
making roads, independently of the states, concurred in the preceding
position; and thus a majority was obtained who agreed that congress
could use the public money for no purpose, which they had not the
independent power of executing. Each party hoped to derive strength by
this decision. The one, because it advanced a step forward in strict
construction; and the other, looking to the influence of the practical
benefits to be derived from the exercise of the power of making roads
and canals, flattered themselves that many, when they found themselves
not able to attain their object by mere appropriations, would, rather
than forego the promised benefits altogether, support a still more
enlarged construction of the constitution; and the issue seems so far to
have justified their expectations.

We will give one more example. It had been supposed that the
vice-president, as presiding officer of the senate, had, by the force of
the term itself, the power of keeping order and regulating the debate;
yet three or four years ago, it was discovered by that officer, or some
of his friends, that he did not possess that power, in certain cases,
and he accordingly forbore to exercise it.

These remarks are made in no invidious spirit. We do not mean to give
any opinions on these questions. In some of them, indeed, we scarcely
know whether, in this age of nice discrimination, our impressions
deserve to be ca