Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1818-09-17

power, HOT one, .liSnt dud, which hos
not had cause TO repent il. The prsctice
may be traced TO that celebrated argnmen,
10 which we have been so often referred
for authority in this Gebate-which, in ~
outset yHests the sanction of the constitution
on The assent Of the states, rather than ibst
of the people, and, in narrowing the lorn-
dation OF the national government, has on
dangered lis stability. To the same spir;t
which eypourded the constitution as ),
compact. among The states, and asserted
for their ordinary legislatures. the right ~
settle us true import. may be distinctly fra
ced tle present opposition to the exercise
Of that federal power, which constitutes
the subject of our present deIiberation.
But my colleague. who has so ardep,Ir
appealed TO this ancient feeling, as a les, q:
political truth, has over-rated The magpi.
tude OF the question, to which i, invites is
application.
We mean not TO PROSTATE The jurisdiction
OF the states over their own soil. We only
deny that il is eTcjvsive Each state gn.
yernment will retain a concurrent urisdic.
ton with the United States, over the .ur.
iaceof evcrynaiiopa! road or canal wiihini..
territory--and i'll exercise ils'sovereisr.
" 10 the same extent as the latter. or n
The inll extent of IFS constitutional authori.
ty. Even the soil may not be permanently
alienated from its former proprietor. BY jts
condemnation, or purchase, Tor public use
| need not inform M colleague. Or. n
Nelson, who adorned the bench OF ius;;ce
over which he presided, that the f,abt ri
soil as well as jurisdiction, the title Of the
citizen, as wei as the sovereignty Of the
state, may be divided, the former. between
an Incorporated company, forexanple, who
acquire the conditional possession. for a
special purpose, and the prior occupant
who retains the reversion, and whenever
that purpose fails. or the corporation is dis.
solved, may rc-enter upon his soil; the jnri.
diction between the general government,
who has constructed the road or canal for
certain uses, and the states, who. for every
other political purpose, retain their juris-
diction unimpaired.
:.,or let il he supposed. as another OF my
colleagues, (Mr. Smylh) has inlimated,
that any collision can hence arise, which
might not result in much more alarming
degree, from the concurrent exercise. "
the federal and slate governments, Of ma
ny other constitutional powers, universally
admitted 10 belong to both, and extending
over the same property and persons.
have sought, Mr. Chairman, TO sustain
the authority Of the general government 10
construct roads and canals, for such purpo-
ses. as seem TO me 10 be expressly sanction
ed by the constitution. Should majority
OF the committee, however, deny US this
power, part of the public benefit which
would accrue from It's exercise, may yet, be
attained by the exer;ion OF another authori-
ty, concerning the Legitimacy Of which. less
doubt may possibly exist; the authority of
appropridting the public revenue, so as 10
proride for die common defence and gene
raj sreifdre ofthe United States. For every
road. or canal, which the public interest
would prompt the national Legislature to
provide for, may be comprehended within
the general description, furnished by the
constitution, OF The objects 10 which, the
revenue of tie United States may be an.
piled.
This authority would not embrace the
power Of condemning the soil of citizen
for public use, nor confer any jurisdiction
over it, when purchased with his voluntary
consent, which The federal government did
not before possess. 1t must consequently
be exercised for the purpose which Is now
either in dependence upon The
will OF the proprietor OF the soil, or of the
State in which il lies.
Yet as some objects of great national i'm
portance have been, and many more might
be accomplished, even by this subordinate
al IN q.
rate the arguments by which il has beer su:-
tanned, and 10 notice some of The objections
which have been urged TO dispro,C its ex-
isterce.
The 8th Of the articles of confederation
provided chat all charges of war, and all
otter expenses incurred Tor the common de-
fence and general reyGre, and allowed by
Congress, should be detrayed our ola com
mon treasury" The residue Of the article
describes how that treasury should be Gil.
ed.
An enumeration of The powers of Con
gress next succeeds, in which they are au-
to ascertain the sums of money ne
cessary to be raised, for the service OF the
United States, and TO appropriate and sup
ply them for detraying the public expenses.
The last clause is immediately followed by
one which grants the authority to borrow
Here is no limitation, whatever, of the
objects OF general expenditure, and, ac-
under the confederation, rome
was ever imagined to exist. In n report OF
a committee OF Congress in 1892, consist.
!ng OF Mr.. Hamilton, Dir. Madison, and slr.
all of whom were member,
Of the convention which subse duently fra.
med the federal constitution and the
two FIRST, authors of the best exposition OF
that constitution now extant, it is Gecla-
red that, this provision Of The confedesa-
lion comprehends an indefinite p";ser OF
prescribing the quantity OF money 10 be
raised, and Of aPpropriating ii when raj
sed."