Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-02-17

| - Hi"y W CesstOn OF particular States,
and the acceptance of Congress, become the seat
Oh government OF the United States, and TO ex-
ereise ike authority all places pur sed by the
consent OF the Legislature OF the State in which
Tue same shall be, for the erection of forts maya.
|'nes' arsenals, dock yards, and other needful
oundings. With respect 10 F" the transfer of
exclusive jurisdiction by tins State to the Co
vernment of the United States over persons and
Things within It's limits," the committee would
observe that there are certain specified powers
granted to the General Government; and, that a
jurisdiction over persons ard things within the
ln's OF This State, has also been granted to that
1overnment, so far only, as is necessary 10 carry
INTO erect those specified pow ers. But, the COM
'n"tee conceive this jurisdiction to be concurrent
over 'he same persons and things; and net exclu-
lS"e-'nc State jurisdiction applying u, all pur-
poses OF general protection The Jurisdiction of
ne GENERAL GoYeT0ment applying only 10 the spe.
cihed powers.
L he committee, with like care and circumspec-
ioh' nave examined the next subject of enquiry:
mat is TO say, 4" Whether any power has been
granted TO the General Government 10 violate the
"e"' Oh private property al its discretion; and,
more particularly, 10 take private property from
VIC o"her' ana give II to another person, neither
e"ue''"g pubic service;" and report, with con-
iuence. that no power whatever has been granted
TO the General Government to violate the ,ipbt of
private property at its discretion, nor 10 take
P'Hae property from the owner, and give it TO
ahothef person, not rendering public service So
,a' from ~, that IN addition TO the guarantees
neie'h before mentioned, for the protection Of pri
Vate property to the owner the committee find
'"e ioiiowinS solemn pledges in the amendments
TO the Constitution of the United States: F,x,rac,
rom article 9TH. " No person shall. &c he de-
p''s" "a me- iioerty, or property, without due
process oil law; nor shall private property be
nc" iof pnohe u.e, without just compensation
AI'cie 9th. The enumeration in the Consi-
q rInt,t,
.eo? or hIsparsse Others retained to the peopIe
article ioh 4" The powers not defeated n rho
United states by the CONSTITUTIONS nor probib,ed
y II 10 me States, are reserved to the States re-
sreruVeiy' or 10 The people" This principle
" "a. SeculHy OF property seem. to have per-
."ueu 'he fundamental laws OF almost every S ale
IN the Union; and 10 have been expr es.Iv de
clarei therein in some form or o,he, a. w;i, .n
pear from the following extracts: From the gill
OF hishts-New Hampshire. All men have
certain natural Essential & inherent rights among
which are The enjoying, acquiring, possessing
anu protecting property'' From the Declarations
oil rights Massachusetts. 8. All men are free and
equal, and have certain natural essential ard nm
alIenahle rights: among which NAV be reckoned Tho
Oh and defending their lives and liber
"eS' ''iaI OF acquiring, Possessing and protecting
properly, &c. And again, " No man, o, cor
po'"''o', or ASSOCIATION OF men, have any other
ui!e 10 OBTAIN advantages, or particular and ex
P''''' SSos dIsiIiIct from those OF the
huhiiy' thSn what arises from the consideration n,
serv ices rendered TO the public From rho n
c!"rahon OF Rish's--Vermont. After the like
decoration as TO the right OF property is the fol
owing 1Aat private property ought TO be sub
serViehi 10 public uses when necessity requires
"eret'neiess' when any PERSONS property is
taken Tor the use OF the public the owner onoh, IN
receive an equivalent in money." Fror, ,bs M
ciara'ion OF Rights Maryland. That ,no,o
Poiss are ndi"us, C ntrary to the 81 rt of a free
government, and the principles of commerce. and
ought not Ia be suffered" Other extracts f,nr,
Inc onsi utons OF other States 20 the same effect
might be here quoted, bu; The committee conceir
me foregoing sufficient 10 che, the genera! sniri,
TOT the security oil property and for an eoaali,
oi I'SntS amongst the individuals, pervading as
well the Constitution Of the u. S as of the several
States A
The following subject OF ,qniry, the committee
deem highly important, & have therefore es,o,aJ
on 1t corresponding consideration: Whether
me several laws passed by the General Govern
','en'' 'of Inc purpose OF internal inn emen,s
90 not asser, or involve jurisdiction over the
territory within this Commonwealth. bevond ,b,
grants 10 That Government specified in the Con
sihuiion OF The u. s." The committee here fec,
constrained to observe that. upon a n, ost careful
Jew OF 'he Constitution Of the United S,ates
they have not been able to find therein the term
" internal Improvements" nor any Other eo,,;,a-
lent term therefor. Nor have ibev b.en .,I.
To Ind the word d" canals at all. mr. h.
word . roads," except connected with the
pos-ohIce department The committee co.,
c-Ve mat the power 10 make internal improve
ments IS not only an original, suhs,an,ive-- br,
P"h''y' paramount power in itself and not
uefsa'iVe' incidental one. II this power be as
s'meu Dy 'he GENERAL Government as an oripinal
one, 1t must be assumed with all liz own inc;9.,.,
accompanying IT; and such assumption mns, I've
hHose'ber independent OF any grant snerified IN
Inc Constitution. II it should be assnu,o1 -,
the disguse OF an incidental one its ON, n nriJsn,
must siIii accompany it. In either caso r.
CONSIST ~ an the means necessary and ptoper for
N""J'"e mo ehect. And the COMMITTEES can
conceive Oh no means sufficient for that purnose
VINE" WIZ NOT assert and involve jurisdiction
ose' e''oIy' az wei asa right 10 the ACQUISITION
" properly Neither canals nor roads can be
uaue w'hout an acquisition of righ TO the soil over
when they may respectively pass. This aco,isi,ion
coulu ho' De had without a judicial proceednp
asserting ana involving jnri-dciion: The onIy moJe
sIe'oIoIe TesoFted to by the laws OF this couvtrv
,Oi conuehnihg private property for public uses
beIng by writ Of al qitod dan,nun. The evs,'
else OF such Jurisdiction by The General Govsrn.
'neh'' would not only destroy all the denarka,ions
% power between the State and General Gov.
.'u ,' grounded upon principles Of locality.
any generalltyj but would be consolidation in IT,
essence The assumption of the io,is.ic,ioa
"ou'd De more necessary TO enable il To c,r,o
mo eHeot JUS assumed power 10 make internal -
p'oVemens, because it is deprived of al the
pointed Out BY the Constitution for in ves,in ;,s.i,
WIN JuHTdiciion over all its legitimate oti.c,a
nese means VIII be found IN the follovyico NJ
''sions OF 'ne Constitution: "To exercise Ike
S'n"'',y over all places purchased by the coosen,
" ,n1 Assisture OF The State in which the same
shdh oe' Tor the erection of forts rrac.yi,e,
sTsenals, dock yards anil o,ta---,f', GUY