Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1818-09-16

the COn9utuuOu, YET, tue NucFdi Is not.
therefore, as has been intimated by one OF
nv colleagues, spd seems to have been in.
fened by all, foreign government. Il pos
sesses over many subjects, a paramount
power OF legislation TO that Of the Sc.
yersl states-a coordinate power with
them, over others-and concurrent juris-
diction over all the territory Of every state.
TO The full exientrequired for the exercise Of
its whole legislative, judicial, and eIecu.
tive power.
II provides cor the administration Of JUS
tice. by the establishment Of courts, the re.
gulation Of their proceedings, and the exc
cution Of their judgments and DEGREES; for
the regulation Of commerce, by the erection
of custom houses, light houses, beacons and
buoys, and ordaining rules for the entry and
clearance Of vessels for the preservation Of
tranquility and order, by Furnishing the
yiolators OF its laws, by suppressing insur.
rections, and repeliing invasions for the
successful conduct Of war which il has
declared, By its militia, its army, and its
navy, and by all the laws which their 20.
vernrnent and use require for the creation
of revenue, by srtjccting the person and
property OF every citizen of the United
States to taxation, by iinprisoning the one,
and selling or forfeiting The other; and for
the power of collecting for its own use, and
distributing and difflsing for the conye.
nience and comfort Of the same citizen, po-
lilical, commercial, literary, scientific, and
social intelligence-for the power in de-
bate, il may provide, moi only, by designa-
ting existing roads, for the transportation Of
the mail, but, where there are noue, or
their direction or condition units them for
the use of The government or The people, as
we contend, by constructing new, or re.
pairing the existing highways. In fine, iii,
invested with every right Of jurisdiction,
and OF acquiring and using property Of eve
w description, which is necessary or eIpe.
dent, proper, or Fl 10 carry into effect its
delegated and sovereign authority.
Il is in virtue OF this concurrent jurisdn.
ton that the United States may exercise the
power, so often employed by the common.
wealth of Virginia, Of impressing, where
necessary, the personal property of a Cit.
zen, to facilitate the march OF its armies,cr
OF occupying or condemning his land fora
military position, a camp, or fort and
holding it, so long, as that necessity lasts,
and with such jurisdiction over it, as tia.
necessity requires; for the Limitation Of
which, we must look 10 the rules and usa.
ges Of war.
II is in virtue Of this authority, that Con.
gress may provide for Condemning the soil
Of one or more Of its citizens, where alike
required, for the construction OF post.
road, making to them always just conpen.
sat!on.
The exercise Of such a power becomes
tyrannical, only, as every other power does,
when debased. ltpresupposes an abortiIs
effort to have been made, to obtain The
property required, with the consent Of The
owner, for fair consideration. In no event,
however, should The public welfare or safe.
gle individual, blind TO his own Interests;
or, possibly, in secret league with the enc.
mics of bis country.
This alarming authority, portending, a;
my colleague has told US, such fatal conse.
quences What Is il?
The aower, annually, almost daily eI.
ercised by our state legislature in the union;
delegated to its inferior courts and officers;
transferred to every canal or turnpike com.
pany!
A power, so alarming, that whenever
such road or canal is TO he constructed,
every owner Of the soil strives TO bring bio
estate within the reach OF his influence A
tyrrany Of which IFS subjects complain,
only when il is unfelt!
One of my colleagues, (Mr. Barbcu'l
has quoted to the committee, the titles and
all the acts Of Congress, from 1899, es,ab'
fishing post roads within the United States.
II he has, as | have no doubt, examined lte
laws, themselves, he must have found, in
the first, thirteen classes Of offences emu
merated; TO no less than three of which,
the awful punishment of death is annexed.
Succeeding acts have mitigated the sever
ty of this, but without excluding capital pu.
nishment. We have heard no compliant
from him, or from the honorable membe'
who last addressed the committee, OF those
penalties The former impressively told
us, | use his words, that the Legislature q
Virginia is not assembled with power tt
barter away the soil Of the people TO h.
reign government" No! my colleagues
win not yield to the federal governmen.
for national use, one foot Of the soil Of Their
constituents, although just compensation Be
made for il 4; but they YIELD their persons,
without murRur, to the justice and mercy
Of the same government, in satisfaction Q!
its authority TO establish post Offices and
post roads.
Which, allow me TO ask, j. the greater
power! That qualified authority which We
claim over the real estate of The citizen. 10
order to provide for The exigencies OF be
union, and which we infer, from the power
of establishing post roads, or that, which,
in order to protect the same power, Iron
violaiion,my colleague, ( Mr.. Barbour BIN
self, exercises, as a member Of this boiy'
over his property. his liberty, and his lie
to subject the FIRST TO forfeiture The seeoni /
to imprisonment and the third to an ign''
minious death +?