Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-04-10

luent occasions resulting from the nature Of our
governments, where federal power has bean ques
toned on the haod. and State-righ,s asser;
on the other. il beloved representative OF the
people who is to speak their voice, to deliberate
well. But under The circumstances of the pre- |
sent case, when challenging the policy Of an ad. |
minisiraton, which c,uie in against the immediate
will OF the people, and whose course has been,
during the tive years Of iss existence. to sustain
itself ~ every cost, whether of public good, OF
constitutional limitation lit beloved the reprssen
tstive not only 10 deliberate WE'LL but to with
decision.
The general question is not new one The
construction Of the federal constitution has been
since It's adoption, tho pon, upon which the two
parties IN ous country, have always divided. In
practice IL has been found, we'll foretold by
our immortal Henry, that the extension Of federal
power ter;'s TO consolidation, - from which, when
once established. there is no alternative bet~ cen
despotsm, or civil war.
II n constitution be the limit which the people
have assigned to those who have the government
in charge it is certainly the duty Of representa-
tive, made ii possible still more imperative by the
soemniiy Of an oath, faithfully 20 preserve ito in
tegriiy, when, according his honest convictions,
those limits have been tran ,gres.ed. This have
done, and no more. The law OF congress passed
tor the protection of domestic manufactures. by
the imposition Of new and heavy duties upon
foreign importations, against which these Iesolu.
lions IN part protested, believe in my best judg
ment, IL as unwarrantedby the constitution, as Ia
practice IL has been found oppressive and calami'
tous, TO our agricultural community. To raise
revenue, and, perhaps, TO some purposes in
snlating commerce, the federal government is ex-
pressly authorized to lay imposts. But vvhen with
other views, a. in the OF the tariff law, this
power is exc ci>ed with the intent of aiding the
manufacturer, its necessary effect to the
at The community for the benefi, of a par,icua.
class, and lie found in The oIds OF the resolution
TO he, unj1s', unequal, and oppressive" In
our State too, whose interest is exclusively agri
cultural, the bur'be is found particularly heavy:
Because at the same time that a crop IL ro,ting
his hands for want OF q market, the farmer is
forced. to pay as premium to the MANUFACTURER,
the difference between the dutie. necessary for
revenue, and those added to encourage nanufac-
lures.
Deeply impressed with these views on the con-
s'itutonal point. apar. from its ruinous policy,
sustained by my this protest against the tariff
law OF 1924
Next as 20 the resolution which protests against
the exercise OF any power the part of The federal
government. to make roads and canals, thin the
limits of Stste:---
This power has been traced by its advocates, al
some iine or other, a. incidental to almost every
eSrress grant IN the federal constitution. Il would
isr exceed the limits OF his address to attempt
retuaton OF all; neither is il necessary, because
seek alone TO vindica'e my opinions. Yet
as the strongest ground assumed, il that establish
post-roads, / may select that for Illustration of
my views.
Tive iuf pose Of the instrument, here. was TO give
20 the federal government the exclusive controui
over the post oifce department, and the snlis
sion OF the u,ai!s; and to give nothing else. The
power tn q" establi-h' the post-road, to my ap-
prehension, means, alone, the right tn indicate or
declare The route by which the mail is to be-
iran. mittsd;--snd so far from being intended to
confer power to construct road, was meant
only to prevent the nerferer of State authori v
In the passage At the mails over their roads and
| through their limits.
But asain-The States are parties TO the con-
stitution in their sovereign capacity. They have
created government By il, for the better manage
'nent OF those concerns, which, from their con-
| tiguity and Intimate dependencies, they held in
common and we find, that intending to reserve
to themselves all power not indispensatly neces-
sary Tor the management Of these general concern
they have measured out authority to their fsder !
rulers. with slow and cautious hand The
power to make road, involves q right to come
into our territory - to condemn so much land az
may be required for the purpose; and to take as
much materials of earth, timber, sc. as may be
necessary to construct it. Now, 1 would ask.
whether, had il been lie intention of The trainers
OF The constitution TO confer SO important pow er
as this, they would have given il by the equvocal
phrase OF power Z" TO establish post roads
Fur'her--This right involves in lis legitimate
consequences, the condemnation of the land
through which tue road passes, and the transfer.
ence OF the jurisdiction il, from the State TO
the federal government. So much territorial iure-
diction as measured by its extent to be cut of
from the States, by this construction of ,he phrase
above quoted, when by the same instrument. ESQ |
jealous were they of their territorial Jurisdiction
the federal government cannot take rom State
as much ct lis soil as is necessary 10 build an |
arsenal, or TO erect light house on barren sand
beach, without FRS, receiving from that Stao,
solemn cesson OF ahe twenty feet square which |
such building may cover
But again III further proof he wanted to ,heyy |
that this assumption is unwarranted we have il in
the TACT, that IN the gerry convention iohieh fran,
ed me constitution, proposition to confer up-
on the federal government a poUey to make
roads and canals. tcGs formally made and as |
REJECTED.
Under these solemn and deliberate convictions
and sworn, too, 10 support the constitutions | was
called to record my vote for, or against the reso
iutions Upon the constitutional point. 7 could
not and did no. hesitate When thu situated. |
sentative IS bound, by every obligation, 10 |
discard all PERSONAL considerations and TO EXPRESS
by h's vote, the convictions Of his best Judgment.
have done This and do ooi fear TO ayow il.
as TO the general doctrine of these resolutions
upon the points which they involve of cons,i,u-
.ohal law, they express nothing more than she u
inform decisions OF Virginia from the year '9s,
when her protest was entered against the celebra
ted sedlion law OF the elder Adams, to the presrn;
day. TheS express the uniform policy of the
raffr Y