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

tlng toll ut turnpike gate
1 have not been presenting possible cases 70 the
Committee. have confined myself to what must
ne the necessary effects Of The passage OF the bill
COW before US.
BY wia, authority is such Tremendous row
or claimed That II ia not expressly given BY
shc tCons,ituiion, IL Certain II it exist a, all, il
mus, therciore, be incidental TO some exnrcss
power, ami, ~ the iangcagc OF the Const,u-
uon, Se necessary and proper for car, wing
that roTcr iato execution" FROM the very
nature OF incidental power, il cannot transcend
The speeiiicpower which calls IL into existence.
The stream canHot flow higher than ,is fountain.
F:s rrtncip !e applies. with peculiar force TO the
construction OF the Constitution. For the pur-
pose OF Carrying into effect any of Ste specific ,ow
eIs, il would DC absurd 20 contend that you nigh,
exercise another power, greater aud more danger.
Gus than thai expressly given. The means must be
subordinate TO the end. We're any other cen
structon 10 pre- vail, this government would TO
longer he one Of limited posrers
The present case affords striking AMI forcib,e
illustration oil this principle. lie, Il nc granted
'hat you have right, as proprietor, by The per.
n'isson OF the States, 10 make road through their
territories, can ii ever follow, an incident 10 this
mere power Of appropriatiug the public money,
that you may exercise jurisdiction over this very
road asa sovereign! If you could, the incident is
rs much greater than the principal, as sovereign
IL superior TO individual power fl does folIoy
that you can keep the road in repair, by appropra.
tons IN the same manner you have made it. but this
isthe utmost limit of your power What, Sir. Exclu-
sive jurisdiction this road TO- its preservation
and for the punishn,en of all who trayclup
on II, and that as an incident TO the power of
expendng your money upon its construction The
idea is absurd.
Under the power given to Congress eto c:.ab.
lsh pos, Offices aud post roads," the Federal CO.
vcrnment possess the undoubied right of convert
ing any road already constructed within any State
oil this Union, into a post road. Let il also be
granted, for the sake Of argument, that they pos.
cess the power, independently Of the will Of the
IN. Al 4
The Union as they think proper, and to keep them
in repair; does it follow that they establish toll
gates upon such roads, Certainly not. What is
The nature OF the power conferred upon Congress-.
IL Is mere right to carry and 10 protect the na
Iii confined TO single purpose-to the transpor-
tation OF the mail, and the punishment Of offences
which violate that right. This is the sole Oh /.
Ject OF the power-the sole purpose FOR which il |
was called into existence. over some post roads |
the mail is carried per day; and over others
once per week. With what justice can it be con
tended that this right of passage for single pur-
pose-this occasional use of the roads within the
different States for post roads-vcsts in Congress
the power OF closing up these roads against all the
citizens of those States, at all Tires, until thew
have paid such toll as we may think proper to
impose. Let me present the naked argument OF
gentlemen before their own eyes. Congress have
the right, under Che Constitution, 'to establish post
Offices and posi- roads" AS an incident they POS
sess the power Of constructing post roads. As a.
mother incident to this right oil passage for single
purpose, they possess the power TO assume uris-
dlcton, all post roads in the different States
and prevent any person from passing over them,
unless upon such terms they may prescribe.
This would, indeed, be construction construed
would ask the gentleman from Virginia, Mr. Mer-
Cerl to furnish the Committee with an answer 10
this argument. If were y grant 10 ibat gentle
man right of passage, Cor particular purpose on
iy, over road which belonged to me, what |
would be my surprise and my Indignation, were !
he to shut IL up, by the erection OF toll gates,
JTefr Otn IN eg oil
Should Congress act upon the precedent which
the passage Of this bill would establish, il is i'm.
possible to foresee the dangers which must follow,
10 the States and TO the People of this country.
Upon this branch of the question, permit 10
quote the language OF Mr. Monroe in his celebra-
ted Message of May, 1922, denying the consttu
'iona power Of Congress to erect toll gates on the
Cumberland Road. off" said he, 'tlie United
States possessed the power conended Tor under
this grant, might they not, in adopting the roads
OF the individual States for the carriage OF The I
mail, as has been DONE assume jurisdiction over
them, and preclude right TO interfere with or
alter them Might they not establish turnpikes,
and exercise all the other acts of sovereignty a.
boye stated, over such roads, necessary 20 project
Them from injury, and defrsy the expense OF re-
pairing them? Surely, if the right exists, these
Consequences necessarily followed, soon as the I!
road was established. The absurdity Of such a !
pretenson mus, be apparent to all who examine it. .
In this way,a large portion OF the territory OF !
every State might be taken from it; for there is |
scarcely road in any State which will no: be used !
for the transportation Of the mail new field for
the Legislation and internal government would thus
hc opened" Arguments Of the same nature
would apply, with equal, If not greater force. 10
tiose roads which might bo used by the United
States for the transportation Of military stores,
as the medium OF commerce between he differ
aDt States I shall not now enlarge upon this
branch of the subject, believing 1t 70 be wholly
unnecessary
There is another view OF this sulgeci, which !
deem tobe conclusive. The Constitution OF the
United States provides, that Congress shall
have power to exercise exclusive legislation. in all
eases whatsoever, over such district mot exceed
ing ten miles square, as may, by cession OF par.
ticular states, and the acceptance Of Congress- be-
come the Seat of the Government OF the United
States, sand 10 exercise like authority Orer all
places purchased by the consent of the Legisld-
ture Of the State in Uhich The same shall be, for
The erection cfJ0JiS, nadg0z mes, 0rSenols, dock
cards, and other 7seedfh 6uiidingS." This is !
the only clause in the Constitution which autho.
rises the Federal Government to acquire jurisdic-
ton over any portion Of the territory Of the Staes
and this pOweris expressly confined to such forts
magazines, arsena!s, dock yards, and other need
Jul buildings. rs the States may consider ne essa-
ny for the defence Of the country. You will thus,
Sir, perceive with what Jealousy our ancestors
conferred Jurisdiction Upon this Governinent-e-
ven over such places were absolutely necessa-
ry Tor the exercise Of the power Of war. This
power--which is the power Of sef-defence-of ,
seJf-preservaton-tne power given 70 this Gov
eminent OF welding the whole physical force of
the country, for the preservation OF its existence
and its liberties-does not confer any implied
jurisdiction over the smallest portion Of territory.
An express authority - given to acquire iursdc-
ton for military and tor naval purposes and for ,
them alone, with the consent Of tie States Unless
that consent has been first obtained, the vast pow