Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-02-17

{ pie kind; and 10 deny it would be to DENY
Tins government Il right enjoyed by eve
ry petty corporation, nay, by the humblcst
individual in the community. But the right of
purchasing, and acquiring fee simple title to
land, docs not necessarily transfer jurisdiction,
winch IS no part OF the SOIL but resides i'll the To-
cal government.
1t is desirable in many cases however. ,.a,
the government should possess such iuris,ct ION
over ITS forts and lp'6Hc wo9hS, for their better
ponce and management and such a iursdic
tion residing III the state cannot tee obtained
without ITS consent; and for this reason there
fore, this clause provides for such an acquisi
| ton.
| The gentleman is equally mistaken in sup
posing that 7u'So5ction Is ut al necessary TO the
purchase of property. If the jurisdiction were
not transferred To the United States, it would
remain III the local government, whose laws and
authority would i'll most instances, be adequate
| to all the purposes of protection and security.
| Slr, all the custom houses which have been built
oV inc general government, and the sites on
which they arc erected, are precisely in this
| situation, and no jurisdiction has ever been re-
quired by the United States, or coded by the
States in which they are located.
Besides, sir, the mn amendment to the constitu-
ton provides that we shall not take pirate pro-
perfy for pubiic use, without making lust com,
We have the authority 10 apply private property
to public use, making Just compensation; for
SUCH provision would have been entirely use
less, IT we could only purchase with the consent
ola state, who would be at liberty 10 st!pulatt
its own terms.
lf,then, sir, we may erect forts and otherw orl<s
for defence, and purchase land for this purpose,
as ordinarily and naturally incident to the
'n'htd'y PO'ccr ofthc government why may we
not acquire land torthe purpose of making route
and Cdidls, ifthcy are ordinarily and naturally in
cidcnt tosome otlcrgcncral power? Suppose MS
TO acquire land by purchase, for this purpose,
where Is the Interference with the state authori-
ty' The owner OF the soil may make Il road
over hs own premises, without permission of the
local government; and may a company OF
individuals fthcy please to forcgo the atvanta-
ges for which acts of incorporation are usually
desired But suppose Us to acquire property
Ton similar purpose many other way: We should
not absolutely require the jur9sdictjon. Our
acquisition and property would be equally pro-
tcctcd by the local municipality, which, insist,
however, could never Interfere with our conser-
vatirc power.
In the agricultural porcr similar incidents
result; and, III the execution of this duty every
good government not only cXerts its means to
provide and regulate the labor with which if is
carried on, but may if it think proper, provide
public stores, and granarics, and 4 multitude OF
other facilities necessary to its good manage
Tncnt.
This power admit to be exclusively with
the states; but the commercial poicer "anlong
the states" Is as certainly in the general gOrer7I-
ment; and ask why we may not employ the
ordinary means for its regulation
have sand that rOads and Cannls are among
the ordinary and natural facilities OF commercial
intercourse. now contend, sir, that they are
uniformly treated and employed as such BY every
government In the exercise of its commercial
power. There is no wrcrupon political econo-
my and the duties of nations who does not con-
sidcr them So Adam Smith treats them as the
ordinary instruments of commercial regulation;
and Vattcll, III his exposition OF the duties of a
government to itself, in the execution of It's
commercial power, remarks; = the use of hIgh
ways, bridges, canals, and, III 4 word, o: all safe
and coTninodlous ways of communication, can
not be doubted. They ftciiitute the f1u,le be-
tccen one place ara another, and render the
conveyance Of merchandise less expensive "a
well as more sure and easy. France and IIol-
land have daily found the truth of this bv happy
experience. one Of tie py'ipipoi things that
ought to employ the ATTENTION of tie ~orc77,n,e5a
with respect to the welfare Of the public in gen
raj, and Of ''nde IA particular, must then re-
late To TIE h%hcrys, CdnniS, Sc. in which nOthirg
oWSht TO bc neSINctcd 10 rendc,' then. saEe a1f
com,n10dious The whole nation ought, doubt
less to contribute TO such useful undertakings.
Can IT be doubted, then sir, that y1nIy AMI
cdndks are not independent objects of govern
mcnt, but are among the Natural means Of cfcc-
tuatlng the commercial power? For what pur.
pose are such arrangements made by any nation
but to taCiatc commercial intercourse, Can
1t be carried on without them What nation
makes roads for pastimc, or as monuments OF
useless expenditure, digs canals for no other
purpose than 10 mDgle The waters of the distant
streams For what purpose does any single
state III this Union make roads and canals be,
tween different parts of its territory, but to al
ford facilities TO its commerce? And If an ndi-
vIduai Stnfe can make Il state or county road for
the purpose OF its own internal commerce. and
as necessary means ofits wise regulation, may
not this government make n UnitcT .St1tcs, ,.,rJ
as the means OF regulating the commerce of this
extensive Union is this government to be
clothed with greater power, but less means OF
executing ihcrn; Has this great nation been or
gained with the dimensions Of giant to handle
the instruments Of 4 Pi@my? Sir, are VIC not to
suppose that when the trainers of orr COnSti-
tuition vested lis with the commercial power thcv
know and understood the means which every
other government ordinarily cmploTcd in It's cx-
ecution And, Ifticy did, must We not con.
Clu!e they designed that we should xCrt thcrna
| will not press this part ofthe subject further,
sir. leave it 70 tue reflection Of the commit
tee and the nation, and shall be content with
their judgment.
INTENDED, Mr.. Chairman, said Mr.. Mel .ane
when rose 10 address the committees to have
offered some considerations as to the proprotv
OF our exercising the power nov claimed bv,
the state of my own strength a5monshcs me
that have already trcsp&sscd too long upon TIE
patience Of others, and will therefore pass over