Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-02-18

10 oelong to the states when they should becoms
STATES This clause was intended to preserve al,
'he rights OF the United States and of the states
wheh 'hey were admitted into the Union, and All
.ls equations previously made between the Uni
'eu states and the Territories of the United Staee
Were TO be firm and inviolabe in this latter cI,s
oi 'his article OF the constitution If that
e"ss' ana MR. II. said he could conceive m otbo-
'ieasoh why TINS clause should be inserted he wori
iecur TO the fact that the right of the limited
20 make road within the Indian country. had beer
p"'"'eo ior, and had beenvested in the United
siofe mat state came into the Union The
state aiterjyards came into the Union and there
was. no'h!ng by that admission that would on In
Pfe)udicethe claim Of the United States 10 mako
.sis roau' or the claim of the state TO anv thine
ts't was gfantedtc il a territory of the IJnteI
''tes- Inc stipulation was fairly made and never
Sse'nueo' ana was reserved by the express clause
~ u,e constitution to.be valid, and efIectual Mr.
~ 'hougnt, on this point from this clause of IN,
epns.tution, The power. might be fairly inferred.
Mr. johnson of Kentucky, referred IN the .,
VOL OF tfIeiIaws of the United States and cited
as cases IN point, IN answer TO Mr. Cobb the roalA
" nad been made by the United States from
Tor. HAWKINS, IN Georgia and Fort Stoddert. in
A , ihese precedents he thought conclu-
sive, as to the power to make the road now ,nde
discussion. There had been an appronria,;on e.,
opening this road, and they now asked for an an.
pt1EsN2ioi iorTepairng il. The appropriations for
oitennnS tls road, bad been made under the admin
iNIahons,of Jefferson, Madison and Monroe. ana
II MS friend concurld with him as TO the erpeI;.
escy Oh the measure, and ii was not TO be doubteL
repeated appropriations had settled this gues-
uon' ne hoped he would permit the CONSTITUTIONS
question 10 rest, till he came 10 matters of
moment, when it would give him more pleasure 10
near hiih' ana ne always heard him with pleasure
y" 'ha' great and vital question. On the nresen,
uccas'oh' MR.. ). did hope that, if the Senate be-
He'ed IN the proprlety and necessity of the mea
sure, they would make the appropriation after
the subject ' rs
MIR. Cobb remembered Tie circumstances ,I,,,da,l
10 oy the gentleman from Kentucky; he was a
Oh congress at that time and he voted a.
saihst the appropriation for the road from Fort
hawkins, although 1t in Georgia. He boped
'he 'iine was not yet come when the Senate were
10 De ueu down by precedent of such character
as mat lie could refer the gentleman to other
pfecedents. In that same book he would nroba.
oly ind certain law, called sedition Law. The
gentleman would certainly not deny that that laN,
was unconstitutional; if he admitted that II wac
40 precedent 10 settle question of constitutional
n.y. and 1t would be still lawful for them 10 obiect
10 another sedltion law, on the ground of its I'm
The gentleman would also find
" iaM ior tAe making OF the Cumberland Road.
winch originateaduring the good old DAYS of LETTER
son.. MIR. {. said, in his opinion. that olso ,,,s
unconstitutional, and far as regarded himself
IL would form no precedent TO him, and he sheuId
hiaHe the same reply IN regard TO every other sta
tute that the gentlemen should bring in support or
this Dill. lie commended that no Constitutional
question could be settled in that way when n
measure was brought forward every man vvo,ls
Juase Tor himself, and he was bound 10 do so. NOT
only by the general principles OF duty, blu, by the
soiemn ana only oath he had taken in this House.
therefore, when gentlemen produced precedents
vi tiiis kihu, ne gave notice now, he should not
ADMIT them In constitutional questions. Thew
might 30 very well for court but not for Lee
sisia'Hie' on constitutional principles, there could
be no precedent
MIR. Ellis moved 10 lay the bill on the table AZ
the suggestion OF friend from Georgia, but suisse
quently Withdrew his motion
Nr. Holmes male some further remarks in SIM
port OF the positions he had advanced and in reniv
TO Mr. Cobb
Mr. Harrison supposed that the gentleman from
georgia had been so completely driven out of the
heu' on the constitutional question: that he would
not have entered it again; but he found he was like
'he character ascribed TO the American soldier by
Tue European soldier; 1t was very difficult TO make
MIN believe ne was beaten With regard IN This
point. MI. ii. said, he should consider him 90
and should say nothing in relation TO the constiu
tlonai part oi this question. And then the uues-
ton required, as to the expedency of the measure.
Ahey were toid THIS was the only approach, by
mail route, TO the great commercial deDot of Netv
Oieahs; and II was IN such state, as 10 be nearly
impossible From this statement of the COCO 10
imagined there was member i'm the Senate that
would deny the necessity of this work. The
question was, who to do IT,? IL was one of
those cases, he acknowledged that presented the
importance oil the Constitutional power vested in
congress, 10 make these roads, IN better point
OF view than any other that he knew Of the rpbt
int
Slate 1t they pleased) in which the interests of ali
the other States OF the Union were more involved
tnan the state through which the road passed
oieh was The TACT, IN the present instance There
was not State IN the Union, certainly ten of
them, but was more interested in passing this road
IMAM the State OF Mississippi They were told thai
the State could not do it If she would because .b
Woum he considered irespassor on those parts of
", which dId not belong TO her, and, to which mo
title had been given by the United States. Under
these circumstances she could not; and. il she
could, she would not DO It; because she il less in
terested in it that many of the $ ates Therefore
1t Is, that an application is made OF grant of Ills
small sum OF money, to facilitate the CONVEYANCE
oil the mail on The most important route in this
country. Mr. H. said, il was his belief, that. from
the situation the road is az present in a much lar
ger amount OF property might be lost by LOSING n
single mai, than what was asked for by this Bill
Tie hoped, therefore, that the Bill would pass He
hoped no further objection would be made 10 il on
constitutional grounds for gentlemen might be sure
there wouldbe plenty OF opportunities for discuss.
lnS that question during the session.
Mr.. Berrien said, the motion made by the aeatle-
man from Mississippi, to lay the bill on The tab,,
was made at his suggestion. Atthe moment when
this question first presented itself 10 his view, he
did entertain a serious doubt, whether the great
question which agitates and divides this Union. and
which perhaps Is destined still more to- do So was