Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-02-16

ware etnanatlnS rom anu yesponslolc 10 rV,OoV
people only, would be seen controlling the inter- /
ests Of the whole people of the United States, a. !
mounting to nearly l0,00o,000."
From these, and succeeding remarks, he, leaves
US TO infer, that in contest oil this kind, the
stale must yield. 70 what he calls, the supremacy
of the laws OF the general government. But,
perhaps, am mistaken. There may be a re-
ieeming principle COACHED in the words, ",vith-
ont reference TO amy of the other specific grants
Of poUer." Must we infer from this, that there
are other specific grants" in the Constitution,
giving Congress the power 10 execute schemes OF
internal Improvement, toifhout the consent oil
States: by referring 10 page 20, (same speech,
this To be the view of The gentleman
What, then, IL the state of his argument! Why,
that part Of the constitution grants the power
tcith the consent of State. and another part,
grants ii, UithoW the consent Of State. Now,
it would seem, If n clause be pointed out,
| which bestows this power ,ri.h the consent of
State, that, 1t is constutionally correct TO say,
that there can be no other clause clauses
which give 1t iothout such consent and con-
versely, 1t 1t can be sewn TO exist riih0ut con-
SENT there need of the labored effort ofthe
gentleman TO prove that it may be done ,oith
consent this would follow as a consequence.
The whole argument, then, taken together,
| amounts to this, to say The least of it, that, the
Constitution ~ an accommodating, Convenient
| sort cfpdper, giving Congress the discretion Ell
thcr to courteousiy solicit The consent ofa State,
or the power OF impeyiousiy forcing 1t INTO ned
sures, a. in the plenitude OF their tcisdom and
po,ceT, might be deemed most meet. In other
words, the States tossed on the horns of this
depiorabe dilemma, you may give your consent if
goa tpH-ycu must, il you tciN not. This would,
III truth, be making the Constitution, what it has
been too frequently called, II nose Of tDdr.
I But will pass on, and prove tina, Congress
cannot, even with the consent of State, enjoy a
jurisdiction over any portion of its soil, except for
purposes specified in the constitution. This is IL
lusuated by that part Of the Constitution which
says " Congress shall have power to exercise
exclusive legislation over all places purchased by
the consent ~ The State, in which tie same shall
be, ior the erection Of forts. magazines, ar>enals
dock-yards, and other neediul buildings" The il
ressiible inference from this clause, is, that &
State cannot part with any portion of it's soil, oi
any purpose, except that specified in the grant
fAAd IT IL important that ii is For could State
ALLEVIATE part OF its territory for any purpose no,
specified IN the Constitution, there would be moth
ing to prevent lis alternating the whole of it. Tie
; consequence might be that the Siaies-warmed / y
the rays OF that splendid government, on which
gentlemen dwell Nth much rapture, would
gradually met away into a great Consolidated
Empire.
f But the exercise Of such power by Congress
Is, at least, III lis tendency, unconstitutional ir
another respect. II is, certainly, a violation o.
the genius oil the Constitution, TO tax one part O
the country, TO benefit another Here is measure
, which no man can deny, is partial in its opera
E 'ion' bearing unequally and grevousIy upon ditfe
rent parts OF the Union. And wha, renders it still
more odious, is, that il operates with peculiar in
veleiacy upon the most liberal and enterprisin.
: States of the Republic. Will The general govern
ment compensate New York for the millions sht
D las expended lii Internal improvement vii
7; south carolina be compensated for her iibersit,
y aud enterprise in the same cause ! No! Yet
= 1t insh, DE proven, were resort to the come
) nient logic of the day, that such works promote
: the . common defence and general elfare." An,
what Is still more ubiquitous, these States in addi
ton to these expenditure, compelled to pa,
their quota OF taxes for the improvement of State
which, perhaps, not only have not appropriate,
u one dollar towards internal in,prov emenl bu
II which pay, comparatively speaking, much less i'll
, to the treasury of the Union. If this is not re-
t pugnant to the spirit of the Constitution nolhin,
can be- II is operating with vengeance upon tn
iloeray, enterprise and purse, of one portion O
the community, to beneii, another.
The great weight of authority and preceden
prove that sucha power does not exist i'm Congress
+, notwithstanding, some extreme cases TO tie con.
: tr'ry, adverted to in the speech, of which hay
I already spoken, where you may find humble an
d PR prialions for the payment of ChapIains, con
tras'ed with vast appropriations for territory, CT
NeS H'S VI the ScHtiemenl - SufncIena
large Tor an EMPIRE" Now, ii is clear that Chan
u lalns have been properly recognized and paid a
oihcers oil Congress ever since 1890: And the ap
D preparation for the purchase OF Louisiana (wbjcl
Is the territory alluded toy was constitulionall
e made, by virtue OF the treaty making power Blu
e TO proceed with presidents and authority 10 prov
our position: Mr.. Jefferson stated il uneouv ocal
~, as his opinion, that Congress has not the powe
n In question: Mr.. Madison pu, his veto upon
Ill, NIL 80
a grounds. Congress voted down a resouiio,
n In 1918, declaring, that Congress had powe
J to construct roads and canals. Mr.. Monroe, il
t his first Message after his Inauguration and in hi
labored argument in relation to the Cumberland
road, stated 1t as his solemn and deliberate con-
, viction, that Congress had not the power. True
he has since changed his opinion for what reason
4 God only knows. In former part ofmy remarks
cited authority to show, that canals and mill
fary roads were brought distinctly to the view O
, the convention, as matters TO be inserted amops
the enumerated powers of Congress, and neve
acted on; which is equivalent to a refusal of IN,
power. MIR. Hamilton, with all his leaning TOWARD
national power leaves 10 infer in his report or
Manufactures, that Congress has not the power r.
make Internal Improvements. And it is a strong
consolatory fact, which cheers me in the nidls
e OF my humble, but sincere, exeItons TO serve III,
State, that nearly all the surviving members of the
immortal convention of 81 are unfrendly 10 tbs
liberal construction OF our political opponents; and
we have reason to believe, that if the dead could
speak from their graves, they would, in term.
solemn and emphatic, rebuke The spirit, which,
fear, is even at this instant, working secret
silent. --nyeierate, course, at the foundation of ths
political fabric.
The next, and last subject alluded 10 in the re-
pert OF the special committee, is the Tariff " The
object OF which (ssy they) If it be TO encourage
manufactures at the expense Of Agriculture. they
would not hesitate 10 say, meets their decided dis
appreciation. But whether il be, or be not con-
lafis nal h.. Leo. IL. LII. -. -.