Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1817-12-27

ibtht>, LOT SUCH loIiS. magazines, arse
nais end dock-yards, as might be neceS-
sary TO The general defence (e) In other
Instances, on the other hand, some pow
ers are given to the states, with the assent
ofCoDgress. 0) Subject TO these excep-
/ tons, both governments are to exercise all
their powers, without any dependence on
the other. Where such dependence is
found TO exist, ii is decisive that The pow
! er has not been granted, and has no ex
/ is,ence. The specification of the cases IN
the constitution in which the Territories
o!i'hc states might be acquired BY Con-
greSS, with the assent of the states, was
! intended to be complete and iinal. lad
mis- ufno addition, al least by Congress.
| II such addition can be made, at tile plea
SURE of Congress, the specification itself
iWonld have been wholly unnecessary. IL
wuuil seem 10 follow, c cosrerso that
The states may require, from, Congress,
ANY portions of The rights OF the H. States,
wlilch that body might, al any timc, in
cline 10 giveup. Tins Is a stale OF things
which has, at no time, been anticipated.
The idea is absurd and ridiculous. How
ever II may he as To The treaty making
power, and in relation 10 treaties, II is an
anomaly in government, that Il power
should DC claimed, As belonging TO the
| Legislature, which depends for its tultilment
on another government. This necessity,
at least in L doubtful case, isdeciSive that
the power has no existence.
Before quit this parl OF the subject,
will ask you, Mr.. Editor, what do the
committee propose, but To Gcid to The con-
siuuiiou, IN this instance They mean TO
extend the constitutional enumeration uf
the cases, IN which the lands OF the states
may he acquired, for pubiic purposes
| They meanto amend the constitution, by
means OF a legislative acil Whenever the
constitution Intends that the lands of the
Siales SHALL be acquired for the uses of
the United States, lhey have stated II in
express terms. This whole subject pass
ed IN review before The convention, and
the project as Ii respected r0adS, * caRais
| was either not submitted, or was rejected
| There was great objection ON the part
1.-THE states, 10 yield up their territory 10
Congress, for any purposes; and the con-
troversy was compromised, on the terms
mentioned IN the constitution. 1t was
only ASKED, or at any rate only Welded, for
purposes essential TO the proper accommo-
dailon OF congress, or TO the general de
ience. Ii was not asked or yielded for
purposes of an ordinary character, and
involving mere convenience only.
The power TO open and repair roads,
and build bridges, i'll the several states, is
claimed, by the committee, under the ge
neral power granted TO congress, TO " es
iablish post offices and post roads. :" That
power, coniessedly, did not exist under
the government OF the confederation and
yet the power of g establishing post Off
ces" equally existed III that government,
as IN this. (e) In that government, the
power ~ establishing post Offices, did not
carry with II the right TO purchase and
possess the soil on which the houses were
10 be erected. The annexation of "post
roads, III the present constitution, do
mol change the principle. As TO both the
constitution only means that Congress
shall establish aud keep up, by law, the
post office system, and designate The of
hces and roads which are to be used for
tie purpose. The acquisition of land, is
not only not requisite for their establish
ment, In the sense intended by the con-
stitutIOn, but is, also, reprobated by The
omission 10 provide for the case, in the
aforesaid listcontained i'll theconsiiution.
Ii IS said, however, by the committee.
that this construction is essential, for thai,
without IT, the transportation OF The mails
might be INSTRUCTED and stopped by The
several states. This is suppOSng an ex-
irene case, aud the supposition cannot be
admitted. The transportation of the mails
is beneilclal To the states, and they can
have no possible motive for such 0bStruc-
ton. But if they could have such mo-
tlves, this provision, as it is now qualified
by the committee, would not remedy the
evil. If the states will obstruct the trans
poItation of the mails, inthe first instance,
much more will they refuse their assent
in the second. Ifthey refuse to Congress
the mild and beneficial privilege Of car
rying intelligence through their territory
hIuch more will they object to heir open
ing and clearing that territory at their
pleasure. A power intended as a remedy
but which is more Objectionable than the
one intended TO be remedied, will not be
readily admitted. In a doubtful case,
tins circumstance will be decisive, that
the power, considered as remedial one.
does not exist.
In claiming the exercise of power.
which they admit depends upon the as
sent of the states, the committee seems
TO have forgotten that it might be carried
only partially into operation. They have
not anticipated that this assent might be
withheld or refused by the states. They
seem to have forgotten principle held
sacred, at least in Virginia, and which
forms part Of her bill of rights. That
principle Is, " that the people have Alright
10 "''yOfm government, and, therefore,
that no government separate from. or
independent of, the government ofVir-
GINA, ought TO be erected or establish
" ed within the limits thereof"(D The
power now claimed, at least iHlringes the
principle ofthis provision. The commit
Tee seem to have forgotten that quoad a
portion, at least, of the United States.
and III relation TO power cuntended to
belong TO Congress, fine will OF Congress
may not prevail: it may he thwarted bv
| that of Other trovprnneufs SVbo,, -.