Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-03-16

gy from the general power to the particular act,
Is not as strong i'll the one case the other. He
furnished us, however, with no reasons, be-
leve, for thcopnion. The necessity, rs well as
propriety of extending aid to commerce. among
the states, is surely as great as it is to foreign
commerce. Having then, shewn that Congress
has constitutiohally the right to appropriate mo-
ney Tor the regulation of domestic commerce; let
us consider how far they may do SO, for the con-
struction OF such improvements as may be neces-
sary Tor that purpose, withnthe limits of state.
Who can complain of the general government
Tor procuring property III the different states,
upon which to make those improvements to re-
gulatc commerce among them9 The States.
Who granted the power TO appropriate money
for that purpose answer, the States. Is it
then, consistent with good reasoning, to argue,
ulat they conferred upon Congress right 10
lay out the public money to regulate commerce
among them; aud yet, that they intended to
withhold from it the means of pursuing that
course, which, OF all Others is hest calculated to
eject the great object of the grant, But, ii is
said that the general government cannot eyer
else exclusive Legislation over any place which it
llnay purchase in any state, unless under the 9th
isection oithe said article, the purchase shall be
made, with the consent of the state in which it
shall be, for the erection of forts, magazines,
senals, doclSyards, and other needful buildings.
i
difference between procuring property by pur-
chasc-holdmg it, too, under the laws Of the
state in which it may be, and the exercise of ex-
elusive legi lation ovcrit' Such power over
forts, magazines, &c. in the bosom of n state,
contrary to its consent, was thought, perhaps, to
be dangerous and unnecessary. But what au-
thority was that clause intended to convey A
right to purchase D.? Certainly not; but to exer-
else exclusive Legislation over the property
when purchased with the consent Of the state.
This clause, so far from proving that the govern
ment cannot purchase property to eHectuate
constitutional objects, appears evidently to be
predicated upon the previous right to purchase.
Express authority is given to lay and collect du-
ties and imports. To effectuate the collection
| of imports, custom-houses are necessary. But
it IS true that the government shall not, by con-
tract for the rent of suitable house, or by pur-
chase (which would be the same in principle,
for, if it can rent, it purchase avail itself of
that convenience When grant of power is
made all that is necessary to the complete effec-
tuaton of the object contemplated passed by i'm
plication. And, If this were not a sound rule of
construction, (which however, none will deny,)
by the last clause of the section alluded to, au-
thority is expressly given to Congress Ito make
all laws WHICH shall be necessary for carrying in
to execution all powers vested by the constitu-
| ton in the government: of the United States"
! And, sir, the government is not dependent as
has been stated, upon thewill of state, or even
states, to carry into effect the power vested in it
by the constitution. 1t has been said, to prove
ITS dependence, &c that state might refuse to e.
lect Senator'S" To be sure, it might refuse e.
the Senators might refuse to discharge the duties
! incumbent on them after they came here. The
President might refuse to sign any bill passed by
! Congress, or to return it with his objections.
The people of the state may refuse to elect re-
representatives., IL, indeed, might rise in rebellion
a gainst it; but would not all these omissions be
a violation of duty, and of the constitution
Surely, sound argument of the lack Of con-
stitutional authority on the part of this govern
mcnt is deducible from the physical power on
the part of state or states to resist that autho-
rity.
But how, il is asked, CONTINUED Mr.. b. shall
the government gain such property as may be
necessary, unless the owners choose to sell it
| How, | ask in reply, shall provisions for our ar
mics be obtained if the owners should be I'M
willing to sell them at fair price The reply
is obvious, They must be taken. No authority
is expressly given to do so nor is any express
ly to quarter soldiers i'll the houses of our cit-
zens In time of war; but the authority to do
each is clearly implied for 1t is declared that
6 no soldier shall Iii time of peace, be quartercd
in any house without the consent of the owner or
in time of war, but i'll manner to be prescribed
by law" &c Nor shall private property be taken
for public use, without just compensatory The
argument which has been relied upon: that we
should violate every rule OF justice and morality,
in being the valuers OF the property taken by us
| is entirely untenable. When a state deems it
Iexpedent to make road, if it is to pass through
the land of one gifts citizens, a writ of ad quod
dannum issues, and by the verdict of jury
| enpannelled for that purpose, the value of the
ground is ascertained. The same may be done
by this government for it may pass all laws
necessary ard proper to execute the powers con-
| fided to it. Such a measure would, however,
never be necessary on the part of the general
government. Property can always be pur-
chased, to make such improvements as would be
undertaken by it; and, indeed, it should give e.
ven more than the value ofthe property, rather
| than resort to an exercise offs ultimate power
| in such cases. The danger which appears to
have been unprecedented from such step is alto
gether imaginary. X might, to be sure, be per-
yerted to very improper purposes, and so might
every power granted. Without even literally
violating the Constitution, taxation might be ex-
| tended beyond endurance, and amount to abso-
lutte tyranny yet tie safety of the y. States ra-
quired that no limitation should be afixd to the
grant of the power, as it was impossible to fore
sec the particular point beyond which il should
not be extended. Government can no morec x-
ist without power, tlan society can exist wishout
laws.
But, said Mr. p. the power TO make roads, has
been clearly given by the clause, as to the esab-
lishmcnt of post Offices and post roads--upon
which he intended To- make but very few re-
marks, as it had been fully commented on by
! others. Many nice definitions had been given