Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-02-03

Po"eI 10 expressly granted 10 C0Dgrt 50, REc
here Is an end ot The question.
1t ought 10 he borne in mird that this powe,.
over roads was not contained in the articles
ct confederation, which limited Congress 10
the establishment Of post Offices ard that the
general character of the present constitution.
AZ contrasted with those articles, is that of an
enlargement of power. But, il ths constr,ie-
t'on oi sle opposite side be correct, I'VE are
ieft precisely where the articles Of confrde-
ration Tell Jus Notwithstanding the additional
words contained in the present constitution.--
What, too. will the gentlemen do with the iiryr
member ofthe clause TO establish post Offices :.
Must Congress adopt, designate, snme Or.
existing office, established by state authority .
But there is none such. May il not then fix.
build, create, establish Offices Of its own?
The gentleman from Virginia sought to
alarm us by the awful emphasis with which
he set before us the total extent Of post roads
IN the Union. Eighty thousand miles Of posi-
roads exclaimed the gentleman and will
you assert for the general government, i,iris-
diction, and erect turnpikcs on such an Inn
inense distance Not to-day, nor 10 morrn.v
tut tins government is 10 last, trust, forever
we may at least hope it will endure until the
wave of population, guilty alton. and iuleih-
Sence, shall have washed the Rocky muu3-
talns aud mingled with the Pacific. Aud nav
we not also hope that The day will arrive.
social life shall spread over ,he wide surface
OF this vast continent All this is 40, to h.4
suddenly done. Society must mt ne burh-n.d
or oppressed. Things must he gradual ,u,
progressive. The same species of fnrmidahIe
array which the gcnllcman makes rnighl b.l
exhibited In referruce la he con-iruci,uf.
oil a,navy, or any other OF The gIrat pui..
poses OF government. We might he told
of The fleets aud vessels of great maritime,
powers which whircn the OCEAN an, ,riun,-
phanily asked five should vainly a,i-mpt 20
cope with or rival that Tremendous pun.r?
Add we should shrink from The effort IL We
were Ia listen 10 ms cOnnsc.s IN hopeless dra-
pair. Yes, sir ii is subject of peculiar d-li,rl,
10 me TO look forward Il. The proud and happy
PERIOD, distant "a u may he, wien cirrulaliui
and associatlon between the AtIsuiic and the
Pacific and the Aiexcan Gu!( shall be as ii ,e
and perfect as they AT this moment in
England, or in any other th- uosi highly in,-
proved country "n the globe. In the inrao.
time, without bearing heavily upon any of ous,
important Interests, let us apply ourselves tG
me accomplishment al what is most ,iraciica-
hr and immediately necessary.
But what rn"st siaggrrs nv lirnmahlc
irGnd, Is the jurisdiction over The sites al
rIads and other isrtrrnLl improvements wnicl,
n suiro as Congress might assume aud r.,
considers the exercise at such a jurisdiction as
furnishing the Just occasion far SERIOUS alarm.
Let az apasyse the subject. Prinr toih.,r,..-
tim of road under he auih"riiy ut the Gen
erai Go'rinmrnt, there existed. in the State
through which It passes. no actual exercise. of
jurisdiction aver the ground which il rrayers.s
ds a rodd There was only the possibility ot
the exercise al such jurisdiction When ii.c
state should, if ever, erect such "a road Bar
tine road Is made by the authority Eof Congress,
and out at he .frci Gifts erection arises a ne
crssiiy Tor It's prrsrr' aii,n and prnirrtion.--
Tie road IS some thirty ar fly or sixty fret
IN width. and with thai narrGw limit passes
through part at the ter riiury at the Stair
The capital expended in the making or ;h,,
road incorporates itself wnh and hrcones :,
part OF the permanent aud iinmovabe proper
| y oi the Stale. The jurisdiction which j.,
claimed far the General Government, IL th,r
only which rt.lars To ,hr necessary defence.
protection. and preservation, al the road, 1t
Is OF character altogether conservative,
! Whatever does not relate 10 The existence and
protection "i the road remains with the Stale
Murders, trespasses contracts, all the occur
r"nces and transactions Of society upon the
road not affecting its actual existence will fall
within the jurisdiction of the civil or criminal
tribunals OF the STATE. as If the road had never
! hePn brought into existence How much re-
mains 10 the State How little is claimed fo,.
| the General Government Is il possible thar.
Il jurisdiction so limited, So harmless, so un-
ambitious, can be- regarded, as seriously alarm
/ ing to the sovereignty the States Congress
now asserts and exercises. without cnntrsfa-
/ hon, power Ia project the mail in its irarsl4
by the sanction OF Mi suitable penalties. The.
man who vOlaes 1t is punished with death o..
/ Otherwise, according To the circumstances az
the case. This pO'ver is rxrrGpd as ibcidcnf
to that of establishing post Offices and post
roads. Is the protection of the thing in fan
stu power mnre clearly deducihle from the
grant, than that of facilitating, hy means If .,
practicable road, lis actual transportation
Mails certainly Imply roads, roads imply thei,
own preser, alton, their preservation iInrlirs
the power To preserve them, and The Cnnsti.
tuition tells us, in express terms, that wu Shall
establish the one anA the olber.
/ ln respect Ia curling canals, admit th,
! question IS not quite su CLEAR as 10 regard e.,
roads. With respect To- these, as hs,e a.,
IdtaVored TO shcw, the pUwer is cxprrsalv
! granted. 10 iegard to- canals. IL appears io .i.
10 he fairly cnmprel,eudcd in, or dcducihlr
from, certain granted powers. Congress iias
! power 10 regnlair commerce with foreign I,.,,
lions and among the several st,fcs. PrecisriV
the same measure Of power which IL granted
! ~ The one case IS c0nIr,i ed ~ tlr Other. Aud
the uniform practical cXpnsi.lun Of llie constr
tuition, ~ To the regulation of foreign com
mrrce, is equally appchigc 10 that among lbs
several state. Suppose, InstrHd Of directing
the legislation of His government cur,sfantI,
As heretofore, 10 the object 0f forrigu com.
mrrcr, 10 ihr utter neglect Of The interior rnnI.
mrrce AIMING the several states, the frct nd
been rrversrd aud now, fan The first time. W.
were abnut 10 legisafP for our foreign trade :
Should we moi, in that case, hear all tl,r cor
l,,f, IL, q