Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-02-17
VIRGINIA LEGIsGArURE..
HOUSE OH DELEGATES.
TUESDAY, FEBRUARYI3

-SASoAf, FEBRUARY
.lIr Giies presented the Joiiotcine ReDoyt of
me Select Committee upon certain points of
funddmenfnL Laic, and certain differing
CLAIMS of Jurisdiction betlceen this State
ana the Government Of The United States:
The committee, TO whom reerred, on the
"a day oil February, 1927, resolution calling for
an enquiry into certain poin,s of fumdament al Law
and certain fferng claims of Jurisdiction between
the Government OF this State and tina, of the United
States, nave bestowed on that subec, al, the con-
slderaiion which, in their jud2men,. its peculiar
drlicscy and importance demand, and beg leave TO
submit the following REPoRT:
Wiih respect 10 the first enquiry called for from
The committee, TO wit " Whether or not The
exclusive jurisdiction all the territory persons
and things within the limits of this Common
wealth, was not secured to the Government, of this
> ate, by the Constitution thereol:' The commit
zee beg leave to observe, thai in the formation Of
The State Constitution, there no grants of spe-
cited, designated powers from the governed, to
the governors. Tie great natural rights OF man
are secured 10 'he people by Declaration Of
Rights, prefixed 10 the Constitution and deemed
an essential part Of ii. Upon this Declaration of
Rgh'e, the practical principles and checks con-
tained in the CONSTITUTION ITSELF and the relative
rights OF the governed and governors founded in
the reason and nature OF things the people of this
Commonwealth depend for heir protection agains,
Governmental oppression. The Constitution, after
ordaining and declaring the future form of govern
ment OF Virginia 10 be as follows; and that &" the
Legislative, Executive and judiciary departments
shall be separate and disiinci;'' provides tia,
" The Legislative shall be formed of TWO distinct
branches, who, together, shall be complete Lee
Sisla'ure." The Executive and Judiciary are also
made complete Departments in themselves res
pectiveiy, forming altogether entire Gov ern-
ment The committee, therefore, report, that the
exclusive jurisdiction all the territory, per-
sons and things within the limits of this Common
wealth, was vested in, and secured TO the Coy
ernmen. OF this State by the Constitution thereof
In regard to the second poin, Of enquiry, to
wit {" Whether private property or was not ,
thereby, (by the Cons ituii"n,) secured to the
owner, against the power of the Government; so
far, at least, that the Government could not right
inlly, take private property from the owner, and
gise it TO another person, neither rendering public
seTvIce: Your committee report, that the right
OF property being natural right, and of course
derived from source paramount TO all govern
ment, that principle is made applicable 10 ;he TO-
vernment of This State in the first section Of the
Bill OF Rights, in the following words That
all men are by nature equally free and independent,
and have certain Inherent rights, of which, when
they enter into state of society, they cannot, by
any compact, deprive or dvest their posterity /;
namely, the enjoyment Of life and liberty, with
the means OF acquiring and possessing property,
and pursuing and obtaiung happiness" In pur-
suance Of this principle, the committee find the
following provision in the fourth section OF The
Bill OF Rights: " That no man, or set OF men, are
entitled to exclusive separate emolumeHs or
privileges from the community, but in consdera-
ton OF public services" The same principle is
also asserted in the amcndmeDistS the Constitution
OF the United States, and in several Of the State
Constituencies will be seen in the further progress
Of this report. From these considerations, the
committee express a confident opinion, that private
property is secured TO the owner by the State
Constitution, in such manner that the Govern
ment cannot, righ,fully, take it from the owner
and give j, to another person, not rendering pub
| lie service.
| The next subject Of enquiry the committee have
examined with peculiar care and eircumspecton,
10 wit: " Whether or not any portion OF the ex
elusive jurisdiction Of the Government Of this State
over territory, persons and things, has since been
| granted 10 the General Government by the Con-
stitutOn Of the United States; and if so, TO spec-
fy particularly each and every portion Of jmis-
diclion, which may have been so granted" In
regard to the exclusive Jurisdiction which may
have been granted TO the General Government by
| the Constitution of the United States, upon the
most careful review Of that instrument, the COM
niiiee find no grant Of exclusive jurisdiction
over territory, made to The General Government
oy ;hs States o. parties hereto, except ihs fol-