Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-02-13


here am wrong If this government can only
Al two cases acquire right ofAoit and jurisdiction,
M a national view, what becomes of the power
now claimed To malte roads and carials, and to
eXs-F'lsc legislative, executive, and judicial au-
tlority, in their national, sovereign chGracter.-
Besides, how would you execute this power IL
gaiust the consent of the state governments
You would be compelled to condemn tine land
and pay for it, take il by force, and be IN ige
IN your own case, of its value, contrary to eve
ry principle of Justice and right. If you resort
to writs of al quod iamnun, the iuries in the
respective states would fix SO high u value, as
to defeat the exercise of The power. But, it is
said, that all that is clained, is right to make
and preserve the road. and have q right of way;
but, suppose the road is injured, how is the
tresoass to be punished. Tnc state will not do
it, the road is not theirs, and was made contrary
to their consent. They caanot punish for vi
olation of Federal laws. Who is prosecute and
punish! The General Government Aud for
this purpose you will be forced to send into the
states your judicial and ministerial officers, and
to plant on these one hundred thousani miles of
road, individuals who may set at nought all
ntate laws and state policy. Nor can the state
governments punish for the higher off ,nces-of
murder, or any other crime committed on
road, over which the General Government have
exclusive jurisdiction. Such now is the law, as
to forts, dock-yards, sc. and such, MIR. S. said,
must be the case, the power now claimed can
he sustained. There were important reasons
why the Constitution so cautiously guarded u
gainst exclusive jurisdiction, even as TO forts
and dock-yards. 1t was to protect the terrific
rial rights ofthe state governments. Can it be
believed. that in such cases it would require the
assent of state to give jurisdiction rs to a mis-
cradle fort or dock yard, and yet leave them at
the mercy of this government, in relation to this
important and sweeping power' Mr.. S. said
h thought not. Again, would the authors of
the Federaiist have viewed this power to esiub-
Isl, roafs rs such g haraieSs one" unworthy
of discussion, if they had supposed that it con-
veyed such Do'oerS as are now claimed under it.
Would the able and enlightened men who oppo-
sed this Constitution in the respective state con-
ventions, have permitted it to pass without OBJ
lection, when other powers, comparatively
small, were seized on, and welded with the most
gigantic power, against the adoption of the
Constitution. Do you imagine Mr.. Chairman
said Mr.. S. that if the whole power of Internal
improvement was intended to BIO given to this
government, by this clause, that the acuteness
of such men rs Patrick Henry and George ,1Ta-
son, would not have detect I'd, and the thunder
of their eloquence denounced it But how
was it considered9 In no other light than as a
harmless and uninportant power. Is it then
fair to push the terms of grant against the
plain intention of the parties to it Is it Just /?
is 1t honest? But how was this power viewed
In the early stages of our government. Ony as
a right to designate, adopt, and mark out, post
roads. When the first law passed, after the "a
doption Of the Constitution, what were its provi-
sions? That all the post routes which had been
established by the Postmaster, heretofore,
should be confirmed. Had he nude, erected, or
constructed, any roads Hal he power to do
500 No, he had only desig ,a'ea thcu and the
word establish was used in reference to roads
which had been desi -autei and D.py!red out as
post routes. Here ar. S. real parts of the
old Post Oaice law.]
Hook, said ,Tr. s. TO the pamphlets, essays,
and newspapers, of those times to the argu-
inents and discussions at the time the Constitu-
ton was under consideration; to the opinions
expressed by its friends and foes ami see if u
lint can be found, of such an interpretation rs
is nov attempted to- be given. No. sir (savc i'm
the convention of New York; 1 think l may
say, with safety, that no such thing can be found
and even there the case was supposed as going
10 shew the evils of construction which might be
rcsortcd to under the constitution.
There was, .fr. S. said, another and high arl-
thority against the cOhsel fences Of tins doctrine
OF the gentleman from kentucky, (.Ur. Clay
AMI that was himself. The power to make
To1ds and canals, gives, he says, incidentnLiy
the power to Incorporate companies, to accom-
pnSh that end. In other words, the lnCorpOra-
ton OF companies may be resOrted to rs n mean
OF executing the power 10 make rorfs anil CO.
nrfs. In 1911, the Hon. Speaker was Nom
Der Of the Senate o. the United States, and de-
iiyered very able argument against the bill tC
re-charter the q. States Bank. Mr.. :. said he
would beg leave to read extract from the
speech, whlchwas then before him - The posU-
er to chnter' comptnies, is not Specife,f in til.
grant, al icoa'e'm is ofa npf'sse not hltaJer-
rable By implicptjon. II Is one Of Tie most ecq1.
ted attributes IF sovereignty. In the exercise Of
this power, we have seen an East Ladiu Com
pauy created, which has carried disrnay, desola.
ton, AMI death, throughout one of the largest
portions Of the world. Under the influence o.
this power, we have seen arise n South Sea
Company and a Mississippi Company, that dis
tracted and convulsed all Europe, and fneuaced
total overthrow of all credit ar,I )alidcnce
and universal bankruptcy. Is it to lc imagined
that a power so vast would have been left by
the wisdom of the constitution to doubtful an
ference ?" g All corporations enjoy exclusive
privileges. That is, the corporators have priv
iegcs which no others possess, and if Won create
fifty corporations, instead Of one, YOU have only
fifty privileged bodies, instead of one. 1 con.
tend, that the States have the exclusive power
to regulate contracts, to declare the capacities
and inCapaCties TO contract, and to provide a,
90 the extent ofresponsibility ofdebtors to thei
creditors Ii COnyress have tine power to cree
an artificial body, ami gay Il shall be endowed
with the attributes Of an Individual, if you bes
tow on this object of your creation the ability e
contract, may you not also, in CONFIRMATION o
state rights, confer upon slaves, infants, ant
de;nc coverts, the ability to contractor
Sir, said ,Jr. S. ] claim the benefit Of thi