Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-02-20
RICHMOND VIRGINIA, FRIDAY, FEBRUARY 20, 1874

ation OF an abstract immaterial subject, or attri
bute, never OF form Or character of physical
existence. Thus, in the preamble of the consti.
tunon, to establishustice, referred to the in.
sutuuon OF an abstract character of stability. as
respected civil regulations for the enforcement
OF justice. To 6 establish this constitution. - in
the same place, referred not to the institution OF
TIC physical form or preparation of the cons;i.u.
,oN, o'tt Oh It's abstract character as an instrl-
inent OF political compact. In the same sense.
power Is given to Establish" or institute legal
regulations, having the abstract character of u
h'ortnity IN rotation to the subjects ofnaturaii-
zation and bankruptcy. In the application of
inc word 10 physical subjects, it retained the
same Character ofprcsenting an abstract concon.
ton, as well as the same creative inport. II
coninhea 10 imply creation, or institution. but
oi an iicorporcal quality character or attribute
communicated to the subject of its application
ana not ot any material Charge or form ,erat.
CT ON the physical substance O! this subject =
thus, though it would not be proper TO sneal, ri
establishing a1orse, in the sense of physical CON
struchon, II was proper to use this expression in
the sense OF communicating to the House par
ucuiar quaiify, junction, Or character. 1t was
proper tospcak OF establishing House of enter
. 'i a Store, an Office, manufactory-
w hen the word established was c,nployed in re
vas an Jorni!y had to the exerton of public an
thority,thc legislative or other act by which the
road vas directed, and not the act OF its physical
execution. A road was opened, made, or con
s'ructcd, subsequently to, and in riytuc Of. The
act OF authority by which it was established
This explanation Of the term, rendered entirely
lntelhglblc IFS employment in the. claus, under
review. Congress had authority to establish
po Offices and post roads, that is to say: 70 nst
tutc or authorize particular artificial function
WINCH haa no necessary relation to houses, but
might be eXertet, independently of their use or
existence, III relation to the distribution of in
tciligence; and to institute, in relation to such
OF the roads OF the country as might be selected
'of the purpose, the character of serving as the
routes oftha transportation of this intelligence,
What was the nature of the right and of the in
cldcntaI jurisdiction involved by reasonable
construction IN the grant of sucha power? Man.
ifesily right of us1yiwct or acay, only, with IFS
ordinary incidents. And what were these Did
they comprehend any control or authority to in
terineddie, even for the purposes of repair, with
the soil, to which the right attached ? Mr.. A.
appealed to every lawyer for the separable cha
racter OF the right, from any authority of this
Kind, In ordinary legal acceptation. What. then.
IL might be inquired, was the remedy for obstruc
tion OF 1t! The answer was, removal of the OBJ
struction, or action for the injury. And the only
dif1erence between the government and an midi
Viouai enjoying right Of this description, in this
respect, resulted from the circumstance of the
government having in its own hand the annl;c,-
ton OF the remedy. Penal legislation might.
indeed, be superadded in either case. And, to
| the sufhcIcncy OF this guarantee no objection
could be made, as it was that on which public
authority had to rely in all its operations.
The construction which had been stated. in
relation to this clause of the constitution, teriy
ed the strongest confirmation from the inference
suggested by the clause, conveying an exclu-
slve authority over the sites purchased. with
consent Of the States, for the erection of forts
dock yards and other needful buildings. Sc
There could be no question that authority tc
execute those constructions, passed, without
expression, III virtue of the military and CONNER.
cial powers of the government. A power to
! iiiahe ana MAINTAIN war, must carry with it a
power TO erect forts, DC as power over COM
Inercc must that oil constructing dock yards, &C.
ct an express grant had been thought peces-
sary, TO authorize the purchase of the sites OF
these constructions, and the exclusive iurisdic-
uon OF them. How, then, could it be conceiy.
ed, that capacity CT purchase and jurisdiction
mad been intended. in relation to the post roads
OF the country, extending already to eighty
thousand miles, and susceptible of further ex.
tension which was imtable? Mr.. A. couId
not perceive how the Inference from this source
was to be resisted.
But, let the language in relation to the power
OF establishing post Offices and post roads. he
conceded 10 be doubtful-the next resort in
construction was, to the objects ofthe consti.u-
ton. was the execution of a system of internal
Improvement In the number Of these objects
=" as II an oolect OF proper federal character
All OBJECTS OF political authority were not an
proprlate to federal form. Ifthey were, there
was no distinction between this form and any o.
iher. Which, then, did belong to it, Snch
only as could not be as effectualIy attained in
dependently of its institution Which were
these! They could not be any of a class rela
tive 10 interior administration and police. These
were supervised most efectually by local all
thorlty. They must be relative, then, to inter
ests OF external character. 1t was not meant to
be contended, that there was no municipal all
thority appropriate to this government. There
were powers OF this class IN the express grant OF
the constitution, those which had been referred
| to by the Speaker. The expression of these.
proved that they would not have passed without
expression. There were powers of this class.
however, OF constructive character. Every
form OF authority must be enabled to operate for
the attainment of its proper ends. Such exer-
''0'' u, vi dii ihclueDtal jurisdiction, as
were essential to this purpose, must be conce-
ded to belonging to it. But, To warrant tbe ox-
ercise of power in this mode, the end must be
admitted, and the relation to it be essential II
was not sufficient that the jurisdiction had \
general relation to expediency. But no one
wonld contend, that jurisdiction over subjects
OF internal Improvement, had any relation of
more intimate cha acter than one Of expedien-
cy, as respected the social condition of the Uni
on. Their execution had not been made an
object of express jurisdiction. though other oh