Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1827-03-22
Virginia Legislature.
HOUSE OF DELEGATES,
FRIDAY, March 2.
GEN. T.1YLORS SUBSTITUTE,



Upon the question, whether the several
laws passed by the General Government, for
the purpose of internal Improvements, do not
assert or involve jurisdiction over the terrific
~ of tiis Commonwealth, beyond the grants
to that Government, specified in the Consul.
tuition Of the U. States your committee have
bestowed the most respectful consideration
They ind that the krst exercise Of such power
by the General Government, took place IN the
ear 1902, during the administration of Mr.
Jefferson, and grew out OF report made to
the House of Representatives of the United
States. by committee, upon the subject OF
admitting new State into the Onion In that
report, it was recommended, as one of the
conditions upon which the Territory, North
West of the Ohio, (now the State of 0hio.)
| should be admitted into the Union, that one
tenth part of the proceeds of the lands lying in
| the said State, thereafter sold by Congress,
| latter all expenses incident to the same,)
should be applied to the laying out, and ma.
king turnpike, or other roads. from the naviga-
bic waters emptring into the Atlantic to the
Ohio-such roads 10 be laid out by the authori-
ty of Congress, with the consent Of the States
through which the roads should pass This
condition was supported by most OF the mem
bers Of Congress from this State; and the act
containing il, which finally passed both liou
ses of Congress, ard received the sanction Of
the President was the foundation of the sys.
ten Of internal improvement, which has been
subsequently attempted. The assertion, at
that period, of this power in the General Co.
yegnment, by the illustrious man who had been
recently elevated to the Presidency, by the
distinguished citizens, who constituted the ma
lorities Of both Houses of Congress, could not
tail to attract the particular observation OF the
Committee No such power had been attempt.
ed TO be exercised during the pre- :eding admin.
stratfoHs of the Government; and the change
Of the last OF them had been effected mainly by
those politicians. who advocated the strictest
construction of all the grants OF federal power.
After the passage of this act, and in pursuance
OF the provision before specified. the act for
the establishment of the Cumberland Road
passed; and the General Assembly OF Virginia,
at the session of 1906, only seven years after it
had been engaged in a most profound and la.
mnous investigator of the proper construction
and true extent of the powers Of the Federal
Government, passed an act giving the most
explicit sanction Of this State to the extension
OF the road through part OF its limits. Du-
ring the same administration, various other in
stances of the assertion and exercise Of this
power occurred. such as /. the opening OF
road from Georgia liz the route to New Orleans:
:. road through the indian Territory, from
The Misslss ppito the Ohio 3, q road from Nash
vile to Matches, Gall under an act of 1860
4, rosd from New Orleans to the Ra!ize; S,
one to Rapids; 6, one in the route from A.
thens to NeW-Orleans: and z. the extension of
the Canal of Carondelet TO the Mississippi, by
the act of February 10. 1899 In the admin
Istrations of Mr. Madison and Mr.. Monroe,
the power was also asserted on several OCCASIONS
an k<1 in acf Maacau-s To
says, particularly invite again their attention
to the expediency of exercising their existing
powers, and where necessary, of resorting to
the prescribed mode Of charging them, in or
der to efecsuate a comprehensive system of
roads drawing more closely together every par,
ot our country, by promoting intercourse and
improvements, and by increasing the share of
every part in HE common stock Of national
prosperity
1t does not appear that or the adoption at
these measures, the constitutional question was
discussed: but more recently, il has been fire.
quenty deba' ell ia both houses of Congress.
Upon every such occasion, where that ques.
ton WAS alone involved, decided maiorlties,
composed OF men from every quarter of our
extensive country, among whom are to be found
the names Of L9wndes, jackson and Calhoun,
have affirmed the grant Of this power by the
ture of Virgins has recently and solemnly
maintained the contrary opinion. 1t appears
therefore, to be enc Of those questions of con.
struction, about which, great and good men
may differ. as, unquestionably. such men,
holding the first place, in the confidence and
affections Of their countrymen, have differed in
opinion.
The Committee have bestowed the like con.
sideratlon on the following enquiry, whether
the law, generally called the tariff law, does
not violate the rights of private property
by taking it from liz owner, and giving it to
another person, neither rendering public ser.
vice. Upon a most careful review of the Con-
stituton of the United States in the eighth
section Of the first article. the Committee find
an enumeration Of certain specified powers
granted to the Government of the United
States. The first specification is in the follow.
ing words: Art, lst, Sec. 8. 'The Congress,
shall have power; LIST to lay and collect taxes,
duties, imposts, and excuses, to pay the debts
and provide for the common defence and gene
raj welfare Of the United States but all duties,
imposts and excuses shall be uniform throughout
the United States" Sd, "To regulate com.
merce with foreign nations, and among the Sc
veral States and with the Indian tribes" In
der these provisions, at the first Session of the
first Congress under this Government. on the
4th July, 1889. under the administration of
Washington. the father of his country, the first
tariff law, or act laying duties, was enacted
In the preamble il is expressly stated, among
other things, that they were designed to pro.
tect and encourage manufactures. In the dis
cusSlons upon this law, it was distinctly asserted
by Mr.. Madison, who acted so conspicuous a
part in the formation and adoption Of the Fede-
raj Constitution, and who was afterwards ele.