Winchester gazette. [volume] (Winchester, Va.) 18??-1826, 1822-05-11
CUMBERLAND EoAp.
WdSHINc VOW. .M.,

message in another part of THE davis name,
The second message on the subject. trans.
mitted on Saturday evening To the House OF
Representatives., embraces, at great length.
the views Ct the President on the subject Of
internal Improvement get ally.
The bill returned to the House of Repre-.
,en'a'ives has not yet been re.considered-
4 he majority In It's favor in that body having
been only i9 votes, il is not at all lik civ tina.
it will be repassed by the requisite maioritv
of two. thirds of both Houses.-I Mr. I'M.
Mr. Gouverneur delivered The following
message in writing from the president with
the bill for the preservation and repair of tho
Cumberland Rosd which was read a. fols
lows:
To The House of Representatives.
Having duly considered the bill entitled
an ac' lor The preservation and repsir OF
Tue Cumberland road" it j. with deep regret.
approving AZ do the policy, that am com
PEELED to object to its passage. and 10 rs,nrr
the bill TO the house of Representative, n
which 1t originated, under q convection that
congress CO no, possess The power, under thu
constitution, TO pass such q law
power 10 establish turnpkes with oates
ano Cells, and TO enforce the collection Ok the
Tolls ny penalties, Implies a power To ndon,
and execute a compiet. ,ystem of ioternsJ
Improvement right to i'm pose dutit, tn
be paid by all persons passing a certain road
and on horses and carriage,, as is done nv
THIS OIL, involves the right 10 lake the land
from the proprietor, OF a valuation, and mass
laws Tor the protection of The road from min.
iies, ana IL IL exists as TO one road, il exists
20 any DINERS and TO as many roads as con-
etess ay think proper TO e,lab!ish. ,iebr
TO lPplSa.e for IF
right 60 legislate for the others, lis a com.
pte'e riehi OF jurisdiction end soyereivoty
Tor all purposes Of internal Improvement,
ana not merely the RICH. of applying money
under the power vested 10 Congress TO make
appropriations, under which power, with tn.
consent o. the states, through which this road
passes. the work was Commenced. and had
been SO far executed
am OF opinion that congress do not roee,.
this power; that the states individu.Ilv c.nno,
grant II, Tor although they may assent To tbs
appropriated OF money within .heir limit. for
sueh purposes, they can grant no rowe, of
Jurisdiction or sovereignty by spec;aI cow
pac's with the Uniteu Siates-Tb;, noua
can be granted only by an amendment To th..
conatitutlon, and in the mode prescribed nv
il. ny
IL tue power exist, il must either he he
cause IL has been specifically granted IN 1b.-
oni'eo states, or that il is incidental TO some
power, winch has been specifically granted.
al we examine the specific grants of power.
We 90 not nod II among them nor is il Incl
dental to any power which Ia. eeen soec;G.
cally granted.
II has never been commended that the pow-
er was specifically granted. Il is cIsimes
only as being incidental to some one or NOR
oil the powers, which are specifically granted
the following are the powers from which il IL
said 10 be derived.
4. From the right 10 establish post
oihees and post roads. Q. From the
right TO declare war: 3. To regu.ate
commerce. 4. To pay the debts and
provide for the common defence and
general welfare. 5. From the power
10 make all laws necessary end proper
Tor carrying into execution all the pow
er vested by The constitution in the
government Of the United States, or in
any department or officer thereof. 6.
anu lastly, From the power TO dispose
of, and nuke all needfu! rules ard reg
ula'ioDs respecting the territory and
other property of the United States
According TO my judgment it cannot DO
derived from either of those powers.
nor from all Of them united, and in con-
sequence, it does not exise.
Having stated my objections to the
OIL shonid now clleerfuliy comma
nichte at large the reasons on which
they are founded, i'll had time TO re-.
duce them TO such form, as TO ineIude
them IN this paper. The advanced
stage OF the session renders that I'M
possible Having, at The commence.
men, OF my service in this high trust.
considered it du'y, TO express The a.
, pInion that The Uaited STATES do not
possess the power in question, and to
| suggest for the consideration of con.
Sress, The prOprieiy of recommending
10 the states en- amendment TO The con-
SiltnlIoD, TO vest the power in the u
nlted States. My attention has been
often drawn TO the subject since, in con-
sequence whereOf,- have occasionally
committed my sentiments TO paper, res.
pec;iDg il.
The form which this exposition has
assumed is now such, as ! should have
given 1T, had ii been intended for
congress, nor is ii concluded. Never
iheifss, as ii contains my views on This
subject, being one whici, deem olive
~ high Importance, sud which, in ma,
ny of rs bearings had not become ne
cu!iGriy urgent, 1 will communicate il
TO congress, If in my power in the
course Oh the dat: or etTtsinly on Mon