Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-02-10

senerally 10 20 and qsr,orrm AM ana every other.
act ana thing which may be deemed accessory to
insure the permanent repair and preservation of
the said road
feel the most unfeigncd respect for the Legis.
lature OF myNative State. Their deliberate opin-
;on, upon any subject, will always have power
tn, Influence over my judgment. 1t is fairly en-
tilted to as much consideration as the opinion Of
this, or any other legislature body in the Union.
This resolution, however, was adopted, as have
been informed, without much del;bera,ion, and
without debate. 1: owes its passage TO the anx-
ous desire which that body feel TO preserve the
Cumberland Road from ruin. The constitutional
question was not brought into discussion. Had il
been iaiiiy submitted To that Republican Legisla-
tu'e, most solemn, believe they would have
tion by this Government, of jurisdiction ultra
federal IN its nature, and well calculated to de-
stroy the rights Of the States.
But this resolution can have no influence upon
the preseu, discussion. The People OF the State
o! pennsylvania never conferred upon their Lee
gislature the power 10 cedc jurisdiction over any
portion OF their territory 20 the United States, or to
any other sovereign. Ii the Legislatures Of the
different States could exercise such a power, the
road TO consolidation would be direct. II they can
cede jurisdiction 10 this Government, over any
portion OF their territories. they can cedc the
whole. and thus altogether destroy the Federal
system.
Even if the States possessed the power to ceic,
! the United States have no power to accept such
I-cess:ons. Their authority 20 accept cessions OF
jurisdiction is confined to places for the erection
of forts, magazines arsenss, dock yards, and other
| needful buildings" Mr. Monroe. in the message
TO which have already referred. declares his o.
pinion, " that Congress do not possess this power;
that the States individually cannot grant it;
for, although they may assent to the appropria-
" ton OF money within their limits for such purpo-
" scs. they con grant no pocer of jurisdiction or
sorere,g',fy, by special compaets tcith the U.
" States"
I think il is thus rendered abundantly clear,
That II Congress do not possess the power, under
the Federal Constitution, to pass this bill. the
States through which the road passes cannot con-
fer II upon item. fee! convinced, that even the
gentleman who reported this bill, (Mr. Mercer, }
Will not contend that the resolution Of the Lcgis-
lature OF Pennsylvania could bestow any jirsaic-
ton upon this Government. am justified i'm this
inference, because that resolution is in its nature
conditional, aud requires that the amount of tolls
collected IN Pennsylvania, shall be applied ekcfI-
siveiy to tic repair OF the road within that State;
and the present bill contains provision TO carry
this condition into effect. The gentleman cannot
therefore derive his authority 90 pass this bill from
grant, the provisions OF which he has Disregard
This question has already been settled, so far
AS solemn legislative precedent can settle any
question. During the session of 1922, bill
similar III its provisions 10 the before the
committee, passed both Houses Of Congress. The
affirmative, and 69 in The negative. Mr.. Monroe,
then President OF the United States. returned
this bill TO the House of Representatives. with his
objections. Soroweriul and SO convincing were
his arguments, that, upon its reconsideration, but
90 members voted in the affirmative whilst To
voted III the negative Thus, sir, you perceive
that this House have already soiemny declared
III accordance with the deliberate opinion Of the
late President OF the United States, that Congress
DO not possess The power 10 erect toll-gates upon
t.NfA noel
vduai was She last of the race OF the Revoutiona-
Try Presidents, and, from the soundness of his
judgment, and tie elevated stations which he has
occupied, his opinion Is entitled to the utmost re-
Spect ne was an actor in may OF the political
scenes OF that day, when the Constitution was
framed, and when 1t went into operation under
the auspices Of Washington. "All which he saw
and part Of which ne was" He is, therefore, one
OF the few surviving statesmen, who, from actual
knowledge. inform the present peneI alton
what were the opinions Of the past. The solcm-
nifty and the ability with which nc has resisted the
exercise Of the power OF Congress to pass this bill
prove conclusively the great Importance which he
attached to the subject
During that session, which was the Grst had
the honor of seat in this House, L voted for the
passage OF that BILL had not reflected upon the
constitutional question, and l was an advocate O.
the policy OF keeping the road in repair by collect
ing tolls from those who travelled upon il. After
read the constitutional obiect!uNs Of MIR. Monroe
my opinion was changed, and have ever since
been endeavoring, upon all proper occasions, to a
tone ior my vote, ny advocating a cession Of the
road to the respective States through which pass
es, tina, they may erect toliga:cs upon Land keep
it in repair,
There was a time in the history OF this Country
Il refer 10 the Gays Of the first President of the
United States-when this Government was feeble
and when, in addition IN its own powers, the
weight OF his personal character was necessary |
fairly to putt in motion Jealousy Of Federal pow
er vas then the order Of the day The p,tInh NJ
consolidation than yawned before the imagination
oil many ofour wisest and best patriots ready to |
swallow up the rights of the States and the 5er. !
ties OF the People.~-In those days this vast ma.
chine had scarcely got into regular motion. Its !
power and ats patronage were then in their iufan-
ey; and there was perhaps, more danger that the
jealousy oil the States should destroy the efficien
cy Of the Federal Government than that il should
crush their power. Times have changed The
days oil It's feebieness and OF its childhood have
passed away. II is now a giant-a Briareus-
stretching forth its hundred arms-dispensjpg IFS |
increasing its power over every
portion OF the Union. What patronage and what
power have the States to oppose TO this increa sing
influenced Glance your eye over the extent of |
the Union-compare State Offices with those of
the United States; and whether avarice or ambi- |
ton be consulted, those which belong to the Gen.
eIal GoyeTnmentare greatly to be preferred to the
Offices which the States bestow. Jealousy |
OF Federal power-not OF narrow and mean char |
acter, but wstchiul and uncompromisng jealousy
is now the dictate OF the soundest patriotism
The General Government possesses the exclusive
right 10 impose duties upon impoF,s-by far the
most productive and the most popular source of
revenue. United and powerful efforts are now
making TO destroy the revenue which the States
derive from sales Mt auction. This government
IS now asked to interpose lie power between the
buyer and seller, and put down public sales oil
merchandise within The different States-a subject
tt