Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-02-12

ciai Your jurisdiction becomes national anc
municipal. and precisely the same as in forts
dock yards. &c.
Now. said Mr.. S. deny that the govern.
ment Of the United States can exercise iuris.
diction over soil. in national view but in
two cases. LIST. Over the District of Columbia
and such places as they may purchase by the
consent of the Legislature of the state in which
the same shall be- for the erection of forts
nc. &c. cd. BY their power of taxation.
These are the only two cases under the con-
sutntIon in which the general government can
acquire land AS sovereign power. MIR. S. said
he did not mean tn go into the discussion of
the question stated the other day by his col
league, (Mr. Barbour as 10 the power of this
government to purchase and hold land as an
individual; but If this could he done, (and he
wonld now neither admit or deny III il must
be- held subject to the state jurisdiction. The
vendor May pass the right of sniI, but the ter
rItora' Jurisdiction remains with the state
The ter loci rei sta. Mr.. S. said, was univer-
sal, as To reality. The general government
was as much hound 10 conform to the NUM-
clpal laws in relation to title to land, and con-
veylng that title, as indviduals-[7 Cranch,
HI Writers upon public law tell us, that
one sovereign may hold land within the terri
tory of another sovereign but subject TO the
territorial jurisdiction of the lattrr-[ Vattel |
Now. said Mr.. S. il am right, land call up
on those who are friendly to this bill To an
swer and shew where am wrongly If this go
vernment can only in two cases acquire right
OF soil and jurisdiction in national view,
what becomes of the power now claimed 20
make roads and canals, and To exercise legis
lative, executive and judicial authority, in
their national. sovereign character Besides,
how would You execute this power against the
consent of the state governments You would
he compelled to condemn the land and pay
Tor IT, or take it by force. and be a Judge in
your own ease, of IFS value, contrary to eve.
~ principle Of Justice and right. If Won resort
to wrIts OF nd gu0d dnninGtnl, the iures in the
respective states would Fix go high a value, as
I" defeat the exercise Of thr power But, il is
said, that all that is claimed. is IL right 10 make
and preserve the road, and have right nr
way; but, suppose the road is injured. how is
the frespass 10 he punished? The stale will
not do 1.-THE road is not theirs, and was
made contrary 10 their consent They cannot
punish fnr violation Of Federal laws. Who
is to prosecute and punish? The general go
vernment. And for this Suppose YOU will be
forced to send INFO the states your judicial and
ministerial officers, and To plant on these one
hundred thousand miles of road, individuals
who NAV sci at nOught all state laws and state
pohcY. Nor can the state governments punish
Tor '"s higher offencPs-Of murder, or any
other crime-commitied an road over which
the general government have exclusive inris-
dicuon. Such now is the law. as to foris.
dock yards, &c and such, MIR. s. said, must
he the case. if the power now claimed can he
sustained. There were important rpHsons why
the constitution so cautiously guarded against
exclusive jurisdiction, even rs 10 forts and
dock yards Ii was to protect the territorial
rights Ut The state governments. Can it be
believed, that IN such cases it would require
the assent OF state 10 give jurisdiction as tn a
miserable Tort or dock yard, and vet leave
them at the mercy of this government, in re-
laiion TO this important and sweeping power
Mr.. ). said he thought not. Again, would the
authors Of the Federalist have viewed this
power to establish roads as such " harI. legs
one" unworthy of discussion, igthey had SUD
Pos"o tnat u conveyed such powers as are
now claimed under it. Would the able and
enlightened men who opposed this Constitution
in the respective state conventions, have per-
mltted 1t 10 pass without objection, when
other powers, comparatively small, were seiz-
ed on, and welded with the most gigantic
power, against the adoption of the con-
shtutlon. DO you imagine, Mr.. Chair
man, said Mr.. S that if the whole mower
al interna! improvement was intended to
he given to this government by this clause.
that the acuteDess Of such men rs Pal.
rick Henry and George Mason, would moi
have detected, and the thunder of their elm
queRce denounced IL? But how was il CON
sidered! lD no other light than as n harmless
and unImportant pOwW. Is il then fair To push |
the terms of grant against the plain intention
0t The parties to IL? Is il just? Is il honest ?
But how was this power viewed in the e,rlv |
stages of our government (? Only as right to |
designate, adopt, and mark out post roads.
When the first law passed, AFTER the adoption
OF the constitution, what were its provisions |
! Dai all The post routes which had been estab-
llshed by the postmaster, heretofore, should |
he confirmed. Had he made erected, or con.
any roads? Had he power to do
So? No-he had only designated them, and
the word establish was used in reference TO
roads which had been designated and marked
out rs post routes Here Mr.. S. read parts of
The old post office law.l
Look, said Mr.. ). to the pamphlets, essays,
and newspapers, of those times to the argn-
ments and discussions At the time the Consti-
tHtIon was under consideration to the opini- /
Dns expressed by its friends and foes and SEE
u hint can be found, of such nm inlerpreta. |
iion as Is now attempted to bp given. No. |
slr tsave IN the convention of New York; / |
mink | may say, with safety, that M such
ming can be found, and even there the easr
was supposed as going To shew the evils Of
construction which might be resoFted to under
the constitution.
There was, Mr.. s. said, another and high an
horty against the consequences OF this dor.
lrlne OF the gentleman from Kentucky. iMr.
ClayD and that was himself The power TO
make road and canals, gives, he said. Incl
ientalIy, the power to incorporate companies.
20 accomplish that end. In other words. the
Incorporation Of companies may be resorted
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