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


nary circumstances, will pay third more for
constructing road or canal, than would be ex.
object
shall now proceed to the argument Hmm a
review OF this brief history what is the conci,,sinn
at which we must arrive! That this road was made
oy the w. -, as mere proprietor, TO carry into
effect contractwth the State of Ohio and 10: as
Soo7elgH- In its construction, the +. Government
proceeded as any Corporation OF private individual
would have done. We asked the States Tor per-
mission to make the road hro' the territories over
winch their sovereign authority extended. After
'nat permissian had been obtained, we appropriate
ea the money, and constructed the road The State
Oh pennsylvania even annexed a condition to her
grant, with which the U. S. complied. She. also
conferred upon the agents Of The u. S. the power
OF taxing materials for the construction and repair
OF this road, without the consent of the owner,
making aJust compensation therefor. This COM
Peneation was to be ascertained under the lawa OF
the State, and not under those Of the u s. Tha
lnoae o! proceeding to assess damages in such ca
ses against the U. s., was precisely the Same AZ
II Is against Corporations created by her own laws
for the purpose OF constructing roads.
What, then. does this precedent establish? Sim.
ply, ,nas the " 8. may appropriate money for the
with Its consent; and do not entertain the least
oouot, out that we possess this power.
what does The present bill propose: To change
inc character which the u. S. have hitherto siis-
tanned, in relation to this road from that of sim
pie proprietor to sovereign. To declare 10 the
nation, that, altho' they had to ask the States OF
Maryland, Pennsylvania, and Virginia for permits
SION 10 make road, now latter it is completed they
VIII exercise jurisdiction over il, and collect foDS
upon H. under the authority of their own laws,,for
the purpose OF keeping it in repair. We wilinor
ask the States to erect toll gates for u.s. We are
determined to exercise that power ourselves Tha
eaerai government first introduced tselfinto the
S'aies as Trend, by permission-it now wishes 10
hold possession AS sovereign by power.
lhis road was made in the manner that one in
dependent sovereign would construct a road thru
the territories OF another. Had Virginia en-
party to the compact with Ohio instead of the u {
she would have asked the permission Of MARYLAND
ana pennsylvania 10 construct the Cumberland
Road hro their territories and il would have been
granted. But what would have been our aston
.sh'nent' alter Tins permission, had Virginia at
teihpted TO assume jurisdiction over the road ia
pennsylvania, to erect toll gates upon it, under tho
authority OF her own laws, and TO punish Offenders
against these laws in her own Courts. Yet the two
cases are nearly parallel.
Inc right to demand toll, and TO stop and punhh
passengers tor refusing to pay it, is empbat,callv
sovereign right, and has ever been so Considered
amongst civilized nations. The power to erect
Vol 9 gates necessarily implies. I. The stoppaes
OF the passenger until he shall paw the toLl. Iia
trial and punishment if he should either bv force
or by fraud, evade, or attempt 10 eyade its nav
ment g. discretionary power as to the amoI,nt
oI Toll. 4. The trial and punishment of persons
who may wifuy iniure the road. or violate &c.
police established upon il. These mowers arc ~
eessarIIy implied. without the exercise of ,b.r,
you could not proceed with safety 10 collect nc
toll for single day. va"
Other powers will soon be exercised. .s va.,
coinpei passen to pay toll, the power of-prp
fechng them whilst travelling along YOUR road I.
almost necessary incident. The SOVEREIGN ,cn,
receives the toll, ought naturally to possess inc
power OF protecting him who pays il. To vest he
power Oh demanding toll in one SOVEREIGN. ana
the protection of the travellers person in Sno,her
would be aImos; an absurdity. The Federal e.
vernment would, probably, ere long, exercise ,ba
power oil trying, and Furnishing murders, and roL.
berries, and all other offences conr,;,,., . ny
road. "P9'A no
10 what jurisdiction would the trial and pun;sr
mehI OIL these offences necessarily belong? ~,
The Courts OF the United States and 20 them a,one
In ONO, IN New York, in Virginia and IN Mar.
land, II has been determined tina, State Courts q
ven II Congress should confer IT, have no ;urisrSc.
tlob over any penal action, or criminal offence
against the laws of the United States.
Even II these decisions were incorrect, s,il;.
has never been seriously conteDded. tba, sbf,
Courts were bound 10 take Jurisdiction 4, sroS
cases. II must be admitted by all that Conopes.
nave not the power to compel an execution offheis
criminal or penal laws by The Courts Of the Stsfes
ms IS sunicisnt ior my argument. Even if the
power existed IN state Courts, they never ought
unless upon extraordinary occasions, TO frv and ,o
pubsh offences committed against the Unifef3
states. he peace and harmony Of the people oS
ms ms country require, that the powers of the two
viding line between their separate ;ur;sdic,Stne
should De clearly marked; Otherwise danpepou,
collisions between them must be the inevjtahrc
consequence. In two Of the States throuo3,
which this road passes, it has already been Do
termIDed, that their Courts cannot take iurisdic-
on over offences committed against the laws of
Congress.
What then is the inevitable conse uuence,, An
me penal enactmeDis Of this bill, or OF the fur,
DIS which 1t will become NECESSARY IN mac 81
supply us defects must be carried into execut;o,,
ny me Federal Courts. Any citizen of the In
ted STATES, charged with the most triliipo ofss,,e
against The police Of this road, must be draygeJ e.,
uiai 10 the federai Court Of that State vvitt;r
mnoss JuI,so'euon !, is alleged to have been com
take place in Baltimore; ii in Pennsvivsni. -.
rirrSeuIgi and u in Virginia, at clarksbure
ine distance oil one hundred or two bupd-s1
,nnes, when ne would be compelled Il, ty,vet 10
i"ke MS trIal, and the expenses, which he mrs,
necessarily incur, would, in themselves he a 90,
y n punishment Tor more aggravated Offence
hss' ,he people of the neigbbothood would be
a'seu III attending as witnesses at such n
BIta' Instance rom their places of abode These
ana many other Inconvenience, which sbaIj no,
ehumerate, would soon compel Congress TO author
lze the appointment Of Justices OF the Peace ne
some other inferior tribunals, along the whole nr
tent OF the Cumberland road
Can any mon lay his hand upon his hear, anil
say, that, in his conscience, ne beiieves dr.,
Federal Constitution ever intended 10 beefoyo
such powers on Congress' The great diyisions &c
power 1isuncuy MARKED IN that instrument. are
external and internal. The Fst are conferred ~
,he General Government-,be lac, ID ny. up0h
exceptions, and those distinctly defined rcnei,,
~ possession on tho States. II neyer--nsyer 60
in'enueu tha' the Vast ADD mighty machinery o.,
MT