The Alexandria gazette. [volume] (Alexandria [Va.]) 1822-1822, 1822-05-09

to return the bill to the house OF Represen.
tatives, in which il originated under con.
yction that Congress do not posseis the
power. under the constitution, to pas uen
law.
A power 10 establish turnpikes with
gates and tolls, and to enforce the collec-
ton OF the tolls by penalties, implies
power to adopt and execute complete
internal improvement. right TO impose
duties to be paid by all persons passing q
certain road and on horses and carriages,
as is done by this bill involves the right TO
take the land from the proprietor on va.
luation, and pass laws for the protection OF
the road from injuries, and it 1t exist as 70
one road, it exists TO any others, ana as 10
as many roads as Congress may think pro-
per to establish A right to iegislate io'
one of these purposes,.is right to leg's-
late for the others. 1t is complete rlgnt
OF jurisdiction and sovereignty, tor all
purposes of internal improvement, and not
merely the right of applying money, ull-
der the power vested in congress TO make
appropriations, under which power, win
the consent OF the states through when
this road passes. the work was originally
commenced, and had been so far execut.
ed. am of opinion that Congress DO NOT
possess this power; that the states indivi-
dually cannot grant it, for although they
may assent to the appropriation Of money
within their limits for such purposes, they
can grant no power of jurisdiction or So
vereignty by special compscts with the
| United States.-Tbis power can be grant
ed only by an amendment to the eonstitu'
ton, and in the mode prescribed by It:
If the power exist, it must be either,
because il has been specifically granted:
! to the United States, or that it is Incidental
; to some power. which has been speclhcai'
ly granted.
live examine the specific grants OF power
we do not find it among them; nor is 1t IN
cidental to any power which has been spe-
officially granted.
1t has never been contended that the
power was specifically granted. II IS
claimed only as beng incidental to some
one or more of b. powers, which are spe-
officially granted; the following are the
powers from which it is said to be derived.
l. From the right to establish post OH
ces and post roads. g. From the right to
declare war. 8. To regulate commerce.
4. To pay the debts and provide for the
common defence and general welfare. B..
From the power 10 make all laws necessa
! ry and proper for carrying into execution
[ all the powers vested by the constitution
in the government of the United States,
or in any department or officer thereof -
6, and lastly, From the power to dispose
of and make all needful rules and regdla-
tons respecting the territory and other
property of the United States. According
to my Judgment, il cannot be derived from!
either of those powers, nor from all OF
them united, and in consequence, 1t does
not exist.
Having stated my objections TO the bill
should now cheerfully communicate at
large, the reasons on which they are toun-
! ded il had time 10 reduce them to such
form, as to include them in this paper
The advanced stage of the session, rem
ders that impossible. Having at the COM
mencement Of nv service, in this high
trust, considered it duty, to express the
opinion that the United States do not pos
sess the power in question, and to suggest
| for the consideration OF Congress, the pro
priety of recommending to the states an
| amendment to the constitution, &c vest the
power in the United States. My attention
| has been often drawn to the subject since,
in consequence whereof, | have OCCASION
| ally committed my sentiments to paper,
| respecting it.
The torn which this exposition has as
sumed is not such, as should have given
it, had it been intended for Congress, nor
is it concluded, Nevertheless, as it con.
tains my views on this subject, being one
which deem of very high Importance, Il
which in many of its bearings, had not be.
come peculiarly urgent,l will communi.
cate it TO Congress, if in my power in the
course Of the day, or certainly on Monday
next JAMES MONROE.
Washington, May 4.
Mr.. Taylor moved to lay the bill and
message on The table, in order to receive
the proper communication, before again
acting thereon; which was carried, and
the message on motion of Mr.. Read, or.
dered to be printed.
EVENING SITTING.
Sir o'clock.
SUPPLEMENTARY VETO.
The Speaker laid before the House the
following communication, which was de-
livered to the house by Mr.. Gouverneur,
as follows
To the House of Representatives.,
Il transmit the paper alluded 10 in the
&c al. a -, IS