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

.i - ~ 'ta'es hau the power to stipulate with
me Indians and to receive stipula,ions from them
Gould the State, by being incorporated into the
ohion' do away with any of those s,ipula,ions
previously made, and which, at the time of making
'hen' they had right to make? The compact
was made by powers competent to contract, by
which road was 10 be made through this iden,i-
cal Territory If this compact is done away, by
admitting the state OF Mississippi into the Union
then that goes for nothing
Mr. Woodbury. observ red, that the state of Mis-
sissippi could not tax the land. because the land
was exempted from taxation-it belonged to the u.
STATES. 1t was Congress alone, that could tax it,
W men roads passed through lands owned by indi-
Vidaais IN Mississippi, the State did not ask Con-
sfess 10 Interfere; they taxed the land. But, when
,oads passed through the United States lands in
niississ'ppi they taxed them by asking for grant
. na;, congress; and the question was, Mr.. w.
sam' whether Congress should make that grant,
wneh IL was so much for the public beneft5
Ni'. Todd was sorry he did not see this question
"a tue same point OF view the gentleman from
Maine; Mr. Holmes) and he would I'm, this
cues ION to the gentleman; TO what clause in the
eaeral constitution did they trace the po,ver of
making TINS road: The gentleman from Tennes-
4ee h'u supposed his objections to be- that il was
an INVASION OF state rights. Mr. c. said when
ever they exercised power, which was not au-.
'horised oy the constitutions it was an invasion OF
we rights OF The states, til rights of the peopl
Inc great objection he HH to adopt these measures
was 'hatit was an usurpaion by the Federal Gov
eminent, OF power not conferred on it. He denied
'iial any thnS could confer power on the Fele-
"a. Government, but the Federal Constitution; and
'his Drought him again 10 the question IJlit 10 the
gentleman from Maine-to what clause in the con-
stution did he trace the power 10 make or repair
'h's road: Would the gentleman say it was {, ON the
treaty making power? Mr. c. admitted. that the
government Of the United States. so lone as the
territory was theirs, perhaps might under the clause
o having right, exclusively TO egislate for the
ier,itory' adopt ways and means to have road
made through the Territory. when this Trs,,y
was Hiaue with the Chickasaws, il was the Terri
tory OF the United States; and, at that time nro-
ceeded to open the road. precisely on the same
pIihclpie that they have done in the Territory of
io'iua' or IN Michigan, or in any other territory
before beng admitted into the Union. Mr.. c. said
MS idea was that the moment State was admitted
ia'o the Union, that portion of the Sovereignty Of
lne United States, which could be exercised under
'ne constitution, and which might be defined to be
tue riGht oil jurisdiction, ceased, except in cases
specially provided for by the federal constitution
sovereignty consisted, he thought, in somefbing
more IMAM The right of soil. The mere RIGHT of
soi' IS very small portion of the sovereignty of
nation. He admitted, that till the lands Eere
SOFA by the United States, they had the rinA Of
soi' out' as soon as the State of Mississippi Mas
:. ''o inc Union, The whole right OF state
jurisdiction accrued to that State, so far az regard
ed the exercise of any SOVEREIGNTY. exccent Oh,
wasspecialiy conferred by the Federal Constitution
1 lie United States have no other Jurisdiction in
'ne STATE OF mississippi, than they have in the state
OF Georgia or Maine 1850
AS to the expectancy of this measure. Mr. C.
admitted the road might be very necessary, and the
gentleman from Maine stated this difficulty: The
m Vi mississippi cannot, or will not; The Indians
al
therefore there must be no road Cencerninp the
road IN Maryland, to which he had before advert
eu' MT. y. said one portion of the inhabitants of
maryland and part of Delaware, wished to have i, |
!" ohe ufecilon, and another part wished il to be
III aho'hef. Inc upper portion OF the people are |
NOT rch enough TO make ii themselves or have moi
'he power, and they apply to Congress for an |
appropriation 10 repair the upper road; here is |
case presented to Us: they want 10 make the road
where 1t ought run and where the mail il s,h |
Ject 10 all those Inconvenience to which il is s,b
Ject In The road which we are now DISCUSSING. Mr.
y. said' MS IDEA was, that whatever power the
Cnhed States could have exercised over the fer
rtory, in opening this road the moment the state
Oh mississippi was admitted into the Union so far
as regards the right OF jurisdiction over this road
,u'roi'ed ON the Stale Look to the treaty, said
MI Z. and sec whether the Indian title is no, ex
'ihsuished TO this portion of land; and all gentle
men would admit that The moment the Indian tile
was extInSuished the jurisdiction would accrue
over the lands thus exing1ished 10 the State MIR
y. then quoted the treaty. and the same shall
continue forever highway for the citizens of the
Onhed States; and contended that il was as clear
remuneration of jurisdiction by the Indians as ever
was made; they gave mp their power: they ceded
to the United States the right Of making this road.
and from the moment the treaty was ratified tho
power was vested in the United States, because il
was territory: and 50 soon as the state of Missis
sippi came into the Union, this jurisdiction oyer
the road which belonged to the United S,ates. as
sovereign over the country, whilst it was a Terri
tory, devolved on the State.
| Nh Holmes said he fel; little alarmed when he
81" ns ifienu rom Georgia rise, and ask the ques-
uon wnlch ne had put TO him, with so much conf
dence-and IL he could not put bis finger on that
clause OF the constitution of the United States
whlch authorized the appropriation for this road
ne would not make il. lie was not one OF those
who believed that they might obtain that lower by
construction, which was not plainly and unequivo-
cally granted IN the instrument. He was not an
advocate Tor constructive or implied powers. He
UNDERSTOOD mat at the time this territory belonged
TO the United States, they made comnact with fhe
Indians that road might be made, which should
not be interrupted Afterwards the State of Mis-
sissippi was admitted into the Union. and The
road had not been made, and now they applied TO
Congress to make this road This was the clause
oi'he constitution on which he relied for the power
to make II; " New states may be admitted by the
Congress irto this Union, but no new states shall
be formed or erected within the jurisdiction of any
other state, nor any state be formed by the junction
OF two or more states, or parts of states without
the consent Of the Legislatures Of the states con
cerned, az well as of the Congress" The main
/ proposition here, Mr.. H. remarked was connected
\ with another clausc: " The Congress shall have
power to dispose Of, and make all needful rules and
regulations respecting the territory or Other pro-