The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1827-02-23

ZhA1 81
asserting aud involving 5ufIsd,ctinn the oni,
modt heretofore frsotied 10 by The laws OF fhis
/ country fDr eoedemuipg pi1sate property for
p~ubl,cusrs. lciDe bf vii Of udqu0d daslHBm -
3. The exercise Of svcl jurisdiction by the Grnor-
nj Government, WOULD not only destroy all the
i dcmatkafi0ns 81 power bcis zen the state and
General Governments, grounded upon princi-
+ pies OF locality, and generality but vuvld be
consolidation ~ its essence. Inc assumptions of
the Jurisdiction would be more necessary to en-
F able il To carry into effect us assumed power 10
make internal improvements, because It - de
ptifcd Of all tie means pointed oat BY tie Con-
stimiion for investing itself wth jurisdiction o
yer all lis legitimate objects hose means
will br found IN the following provisions OF the
7 Constitution TO exercise like authority over
all places purchased by The consent OF the lie
! gislafure Of tie Stale Ia which the same shall BE-
fDrlbe erection 81 Ipfts, magazines. arseuals,
dueh 5ard., aud other ncediul buildings. =
/ Lese nCtudc all the l%egitImat objects OF ter
fftoTiul jurisdiction, granted TO The General Go
YCfnmcni and tie committee r1lness the OPT
mon, that there arr no other territorial objects,
over which the General Government Is icgitI
matcly authorised 10 exercise any jurisdiction
whatsoever @4tlun the limits 81 The respective
States unless the jurisdiction over TIE Dlstrict
Of Columbia, aud the Territories Of the Cnhcd
States. should be considered as additional ter
filorlal obiccts-Hud the mod IN Inch tins Ju-
risdicfon Is obtained, Is particularly aud spccri-
cally prescribed. Ihis minute and particular
description OF objects, limited aud unlmporiant
IN Itcnsolscs, and the particularly Of pointing
ouf the means, ~ which Jai. sdicrion oven them
Should be obtained, are sufficient OF ilem5e.ycs
to preclude al inference, that the power t.
make internal Improvements, 50 vastly more ef-
tcnsisc and important ~ itscli, wis ever intend
ed 10 be granted 10 the General Gosernhent.
Ihs conclusion IS rendered still more ficsisu-
bic. wien II = obseI we'd, thatno means are poln-
ted oni IA the Constitution Tor Transferring to
the General Government tie jurisdiction nccCs-
saty tor the calculation OF tins substantive pow
~. This conclusion Is still further enforced by
the consider dtion, tdat Tie tenn " internal ia
proyements' IS one N common ordinary use-
that the term " canals,7 ami the term " roads, ,
are simple aud familiar aud all the terms sua-
ccptlble ofthe elcaresr definition. No reason
can then be assigned, why these powers wee
not granted 10 ting General Government, Tad
they been intended tSfaye been granted; espr-
cIally when tie power . eject IA hou3r, rea-
lively ofso 'at.e c9n-ogunce, WIS thought suli.-
cicnt To Justify a particular gtdnt OF puHef,
with specified means OF catI4 lHR II IA . Citroi.
Besides all these Cous.d atoms, the lcclllaa
character pf the po~.r 10 make internal im
proveIncuts is "lOoaliy-iDcatity IN its most Ii
mitcd form ana the ctore peculially unsultcd
10 tn, jurisdiction OF the General 1usctbIncut,
which Is general IN It's character, aud pccuiIa iy
suited 70 the Jurisdiction Of the STATE Govern
meuts. " huse jurisdiction IS intended ioT local
DbIcr,s-l ION thcsc considerations and many
oth,is ~hlchnlght be adaaccd, the committee
report that, IN then opinion, tie 5 vera. ttH>
passed by ihe General Government lol thc pn-
pose ol internal Improvements such as nc
Act 10 proculc tie necessary surveys, plans
aud estimates upon tltsubject Of Ioaus ana e.
nal.,' appro~A May ith5 le2I. and otoels,
wnelhe, they Motive a jurisdiction over IN,
Territory within this commonwealth, or on APP
propriate m0ney Tor the purpose OF makme IN
telual improvements, are Unauthorized by luo
Grants oi power 10 the General Government
contained in.tlc Constitution oi the UnIted
States.
I|hccommittce have bestowed the like. consi-
dcraliou on the following enquiry " whether
the Jaw, generally Called the taiiti law, does not
violate tue nights OF private property, by taking
it from It's o"nrt, and giving il TO auotter per
son, neither rendering public s%ciIcc.' Upon
a most careful review OF the Constitution of The
United States. in the sth sec. ul the lt act, the
committee find an enumeration oi CERTAIN specl
fed powers granted To the Government Of The
United States. The frst specification IS IN the
following words: Art. lst, sec. .. " The Con
gfess shall have power. /. 10 lay and collect
taxes. duties, impostS and c8clscs, to pay tue
debts aud provide Ion the common defence aud
general welw are Of the Uuited States but al
duties, imposts, aud excise shall be uniform
throughout the United Stats" Then tuloN o
ther specifications. Bat the Committee do not
Gnd amongst them TIA, apeciicd power 10 plotccI
manufacture The tenn " protection ofmanu
&c urcs' S nottob be found iutle Constitution, noi
even the word" manulacunrcs' Itself nor any
4 equivalent term lor either. Inc cnumulalt.
powers contain all the power, whlch the pcoll
tlaugU Il proper by the Consultation 10 grsult Il
tine General Gosclnment " IN order 10 iprm a
more perfect union, establish Justice. ensure do
mcstic tranquility, provide for the Common de
fence, promote thu general w%elRale, aud sccm
the blessings o~fiibcrty to themselves aud then
posteiity.h All thcuuenamefated powers wel,
reserved 10 the States respectively, on to ia,
people Tor the Same 0bJc"tSi SO expressly declare,
10 be IN an amendment to the Constitution. 1hI
distribution OF powers betW the General an,
State Governments, was ordained aud declare,
bt thc people, in then Constitution, 10 afOrl
the bcss means tor eitcctme the great ends o
its formation. The powel d" 10 lay and coiIec
taxes, duties, impOsts and excuses, furuIshe.
the essential means ion carrying all the Other
nbiiltl iltl lohtlS mo 1ll'Rls Inc uGttGt o
granting this power is declared 10 be. q to pa,
debts and provide for the common defence an,
general welfare ofthe United States, as IL
strained and limited by the specified powers
Her. g, under this grant, Congress would have
power TO Law and collect taxes, w. Tor the pur.
pose ofpasine the debts Of tn United States
and ior carrying into effects ali The other enumc,
rated powers. But CongrcS, could derive no
power from this grant whatsoever, to assume
and To carry into effect any power whatever,
not included amongst the enumerated powers.
he power to protect manufactures not beng
included amongst the enumerated powers, Con.
Gfess can, Therefore, derive no power whatever,
rom the . antto lay and csllect take, &c. 10
protect manufactures Jhe protection Of man
utacturcs bong an Original, substantive, Indeed,
a primary ', paramount power cannot be assum-
ed 10y Congress, or, if il can, then any other
power "hateVel may be assumed at pleasure
because II is impossible 10 conceive upon what
principles otrlght Congress could assume the
power 10 protect manufactures, without dssuun-
my any other enumerated power whatever at its
oNn unlimited discretion. And. ifCongress eau