Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1827-12-13

lect and most respectfully submit them to the
consideration OF the General Assembly. have
also received from his Excellency, Governor
Gideon Tomiinson, copy of the proceedings
Of the Legislature of Connecticut, respectng
the resolutions adopted by the Legislature Of
Maine. copy thereof, marked N is now also
most respectfully submitted to the General AS.
sembIy. 1t will appear from the proceedings
Of the legislature of Maine, that, although the
Legislature processes to avoid the discussion Of
the constitutional RICH; of the Gen Government
TO make internal improvements, il is unwilling
that any powers should be exercised within the
limits Of Name By the General Government,
involving jurisdiction over the territory of thai
ate. After demonstrating. By the most con.
elusive reasoning, the inpracicability and mex.
pediency ofthe exercise ofthe power TO make
internal improve ;.Ients by the General Govern.
nent, the Legislature, without giving any di.
rect sanction 70 this mode of expanding the
public money, resolves, "That if il shall be
the determination Of the Government. of the
United States to appropriate part of its reven.
ne 10 the purposes Of internal improvements.
in the Construction OF Roads and Canals and
improving the navigation Of Rivers, and in
promoting Education, it is he opinion of the
Legislsl ure-that the funds designed for these
objects ought to be distributed among the Sc
versl States in proportion Of their population. to
be expended under the authority Of their respec.
tive Legislatures. Legislature of Con.
| nectcut Fesolyes-"Ihat IT IS, a. this time, in
expedient, that the Legislature should express
any opinion upon the subject matter of the reso.
ution from the State of Maine, in relation to the
iuacs, which may be appropriated Tor objects
Of internal Improvement" The General A.
sembly OF Virginia having several times hereto
fore protested against the exercise of this pow.
er by the General Government, as well as that
If protecting manufactures, II has become the
| less necessary tor me TO press these deeply in.
terestng subjects upon its attention at this time
1t IS expected, that ITS former protestatons will
not be abandoned. hope, however. NAV be
| INDUCED in remarking, that, after abou, hir
" years OF forgetfnlness, there appears to be
peculiar 8ingulGritv in the selection of the she
CITED power in the constitution, "to regulate
| commerce." for the purpose of iustifying the
| exercise OF the power over Internal improve
nents, and Internal protection OF manufacturers
| This power s now said to be full and plenary
IN the constitutional gran; whereas it is Ger.
tainiy limited. The same clause which makes
the grant, limits the objects of the grant. 1t is
more enthusiastically foreign and external than
any other specltl d power, granted in tie con
stltuion; yet il is now seized upon, after long
most characterisically internal ;includinr all the
mInuiie OF local, municipal state police. The
power tn regulate commerce, is the following
words "COngress shall have power to regu.
late commerce, with foreign nations, among The
several sfGfes, and with The Ildil.a tribes. Not
the power 10 regulate commerce, amongst indi-
/ 0il4aGs; nor within the Limits of the several
states--hut exclusively without corporations, to
wit: foreign nations--the several states-Indlan
| tribes. So far from power to regulate com
meroe, Or exchanges amongst individuals, within
the limits Of the individual atstes, it virtually
excludes the exercise OF that poWer.-But
there IS another circumstance which renders
he selection OF this external power at this day,
TO justify the usurpation oflnternal powers, the
more extraordinary 1t ls--'hst there is at this
time, within the EXISTING code of laws, a de ella.
ralory interpretation OF the constitution, virtu
ally reEnquIshing all jurisdiction. on lie part
OF the General Government, over Fer sons, when
brought within the lmns of the respective
states, under powers granted to the General
I, We nment.
1t will be- found in the 4th and 9th sections of
an act, passed on the Dist March, 1897; for
prohibiting the introduction Of slaves within
the United States, after January, 1903. Those
sections recognize the exclusive Jurisdiction. as
we'll OF the territorial, as OF the state legisla,
tures,over persons brought within their respec
tive limits, under the provisions of that act.
ms declaratory Interpretation OF the constita.
ton, was made with an express view TO the
demaI cation OF the boundaries between the re
spectlVe powers Of the general & state govern
ments, III relation TO that subject; and receive
the unanmUus sanction, 10 the best of nv re
Collection, OF both houses of Congress, after
tull and ample delberatIon and discussion Ia
ff f,ba
OF March, 1907, took piace, wben change
was made as TO the final disposition of the
persons brought within The limits OF the several
states and territories, under that act; but the
deciarstory interpretation OF the constitution
as 10 the jurisdiction, renamed unexpected
ms Interpretation Will apply to things as well
as to persons, and demonstrsby proves that
the power to regulate commerce, ceases, the
moment the subiec OF that commerce are
brought within state or territorial hmis So !
long as the constitutional jurisdiction OF the re.
s2ective states over the territory, persons o.
tnings, within their respective limits, shall re
man TO the states; 50 long the federal prince
pie IN our beautiful complicated system of go
'efhfhent, VIII remain IN full vigor. The mo.
men' the Jurisdiction is abandoned by the
'o.eS' the tederatiVe principle is gone for ever
land with IT, the sacred chart of American
TO WIN HeeP reluctance and fegret t, |
that my duty constralns me TO observe to the
General Assembly, that, whist the tariff is
found to be more destructive in its effects pe-
neraIly-but particularly upon agriculture, than
WAS ever anticipated; whist ii has in fact rem.
cered agriculture, excepting in few cases,
serve still further to aggravate the burtnens
upon the rest, al unproductive, perhaps a 10.
sing occupation, there IS no prospect of its re
peal SO tar from it, We are threatened with