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A Conflict Among the Founders is Still Shaping Infrastructure Debates in 2021

What role should the federal government play in building our infrastructure?

As Congress has hotly debated both a bipartisan “hard” infrastructure proposal, as well as Democrats’ proposal to boost “human infrastructure” and make life easier for Americans, lawmakers are continuing in a tradition that dates to the 18th century. Then, questions of what constituted infrastructure, who was responsible for it and what role the federal government should play in developing it were hotly contested. Thanks to a failed attempt at compromise at the constitutional convention, these questions fell to a generation of politicians who found themselves conflicted between personal interests and public good. They finally fashioned an answer: The federal government could fund infrastructure if it was integral to interstate commerce or national defense. But this answer left blurriness that fuels our present debates.

Independence from Great Britain was the starter shot for Americans who wanted to profit from land grabs and continental waterways. In 1784, both the New York and Virginia state legislatures passed laws that aimed to enable development of canal systems. Yet neither government planned to build those waterways itself. Instead, in keeping with the tradition of the time, all improvement costs as well as any profits would fall to private companies.

An intense rivalry, spearheaded by Philip Schuyler of New York and George Washington of Virginia, accelerated between the men who owned waterside land in both states. Washington exchanged a flurry of notes with Thomas Jefferson expressing deep anxiety that they would lose the race to connect the Atlantic Ocean with the interior of North America to the “Yorkers,” who would soon connect New York Harbor and the Hudson River with the Great Lakes before the Potomac could be cleared to reach the Ohio River. The Virginians had good reason to be concerned. Nowhere was the postwar infrastructure transformation bigger than in New York City, which became a travel hub for stagecoaches, ferries and overseas shipping.

On Jan. 5, 1785, therefore, the Virginia Assembly passed another bill, creating the Potomac and James River Canal Companies. These entities would be owned by private shareholder investors and would be tax exempt. Yet they were free to conduct their business without any obligation to report their profits or costs to the state of Virginia. Washington, who had amassed tens of thousands of acres along the Potomac River, would be the Potomac Canal Company’s largest shareholder, and later, its president as he was also serving as the first president of the United States.