Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-05-07

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nded to were ever suspected of being uniriendly to
state rights, or inclined to invest the General Govern
nent with unreasonable power.
Although this subject has been discussed so often,
do not recoect that passage in the Fcderast relating
TO II has ever been read. In No L. the objection drawn
against the Constitution from the extent of the country
was answered. In this speaking of the effects
OF the Constitution, is sad-Let be remembered in
The third place. that the Intercourse the u
mon Will he daily facilitated by new improvements
ROADS VIII every where be shortened and KEEP; in bet
ter order; accommodations for travellers will be mu
Piled and amelorated. An Interior navigation ON our
eastern side will be opened Throughout, or nearly
throughout, the whole extent of the thirteen States
The communication between the western and Atlantic
districts, and the different parts of each, will be render
Ell more and more easy, by those numerous canals
win which the benefccnce OF nature has
our country, and which finds il so little difficult TO
connect and complete 1t is evident that the writer
contemplated this 10 be effected by the General Govern
ment He was speaking of the effects of the Union
aud he never could have anticipated that the grand
nal alluded to would ever be made by the States The
states could make no compact with each other for this
purpose, without the consent of Congress The now.
r was taken from them. and it naturally went to the
G'nera Governments until It should he rsceded in the
NOE prescribed Can it 10 expected that the States
WI" enter INTO compacs TO make roai calculated more
Tor NATIONAL than local purposes and then come 10 Goa
g'e's Tor their consent. If place our reliance on
me states, The road in question will not be made for
'housand years to come. In the discus ion of consu.
ionai Questions, we must consider ourselves "a citizens
OF 'h Onci States, well of the particular State
20 whIeh we belong The rights of each should be
The constitution has investcl Congress with cer,a in
enumerat ed powers and have always conourred in
ne opinion; mat The common defence and general
we''are oil the United ae' Is to be drained BY the
due exercise of these powe otherwise there would
be no limits.
- but the trainers Of the Constitution foresaw the
Congress would frequently have 10 leyslae on impca
ION IN relation TO those powers; and TO remove al
doubts as to the right they gave this general power by
IN express grant "A power TO make all laws which
ha'i DE necessary and proper for carrying into
eI hy
ms Constitution, in the Government OF the United
S'es' or In any department, or officer thereof From
he nature OF this power, boundaries could be given
~ ~ LEFT on The broad ground Of genuine construction
~ IA no longer an implied power it is construction of
ne constitution unier an express au horiy 10 do so
II Is not restricted objects nor is confined 10 times
oil war or peace Most OF the express powers were ac
tea upon in the eaily days of the Cove -nment mi
ne pncipa' acts oil legislation since, have en- found
eu on constructive powers. The promotion of the pub
lie welfare, as expressed in the Consti u,ion may be
considered az an n,ima,ion for liberal construction
where The object leads TO the good aud prosperity of
the country.
IL has always seemed strlnge to mo that Ibis con
sunc'ive power should be acqucsced in so gene ay;
anu yet devised for the purpose of improving the coun-
try
We never in session a week witbout acting mr.
on these constructive powers Our statute books are
lnii oil Instances There the laws relating TO iupi
uve', who are held TO service or labor i'm anv of the
S'ates and tho laws relating to the carving of the
mail the Military Academy, Pensons, Navy Hospials
ana trading Houses among the Indians, are all crea-
rpl atino
TO our Forllcatons, Light Houses, and Revenue Cut
'ers In the same class may he placed the pra cce of
GEARING rivers, removing sand bars improving harbors
and erecting break-water.. In the same class aIs,
may De considered the laws concerning vacuation the
cultivation OF the vine, and grants Of land 70, educa
w ,"' cannot remember hut small part OF the I'm.
We "o not CONNIE ours Ives at home. We have gone
aDroa, and nave granted money the inhabitants of
- Domingo and Caracas; and we conveyed General
,."nveuc 10 MS native home, in National ship Of
me me by mere implication through the treay-ma-
haua
are iars~r than European Empires, and under the
same constructive powers the inhabitants have
"eeh received into the American family and made ci
z"ns. Even in our every dav affairs we see the sam.
nng' we do not enjoy library, maps or stationary
by any express power.
MT Chairman, wa are rot only in the practice of
making laws which the mere oTspring of construct.
"a power; out we enforce those laws, by the highes
penalties, and infct the sangunary punishment OF
DEATH
The gentlemen who oppose the power fall a. 7
,nihR INTO capital error. They suppose that jiris
iction the ground by the road yonlJ he
acquired by the General Government; this is not the
case Any crime committed or il, would remain az
neiore cognizab'e in the State Courts. Congress
"ou'c only have protecting it's own law
as 10 every other case. Whenever Congress has
i'u'Ional power to make law it has a power 10
prevent the objects Of the law from being de fea,ed
congress pass laws TO Eiic nunshments for ohsruct-
me maj; 'h larceny committed in The mail coach
or in an United States Court House. would onIy be Of
State cognZence We are familiar with these pro
tecting laws, the sea- for certain distance belongs %
me sacent States part Of IN cir domain hut such
parts oi The sea and The mouths of rivers are covered
wih Rev9nne Cutters possessing high and arbitrary
mowers, such az boarding vessel by force and nail
ing down the haches vet these acts which are merely
to protect United States law have never been consij
cred "a any Infringement of State rights, President,
Monroe, in hs visws that Congress ran appro
ornate money 10 make road, but this he thinks would
eNhaust Their power. They put toll gate on
IL am inh'cf penalties for any Injury done, this
would give jurisdiction
Here consist. the grand fallacv. this ideal fancy OF
lnri7dI"t'on' what Jurisdictions will ask, attends
sich law, int does not follow every act passed by
congress, mere power of prot citing constitutional IL
g's'alon congress canno, pass single law which
my not increase the business of the United States
Courts; tu, il is cirs of iurisdicon-i, Il
mere right to interpret the main part of the act and of
he provisions desisned to enforce IT, II The law it,
sell Ia constitutional, il is too much say, that it can
not he protected by the usual penalties
IL 1t possible that Congress can McAlamize \ ronl
ana hid splendid bridges and hat the first Of die
orderly men. who may pass along, wi n inpuniiv
defeat The whole, by tearing up the stones and demo
ishing the bridge?
confess that I cannot understand tn, doctrins
which goes to say that money in Tire treasury may be
have no night 10 send tax-gaherer 10 collect money
for the same object.
The power 10 lay and collect taxesis co-ex'ensve
with the rover TO appropriate But il said that the
mere appropriation inpose burthen on the ppople
his is an evident mistake. The money in the treasury
belongs to the people, well the money in their
nockets and Congress cannot touch cent of ei n
less u to cary into effect expressed or implied
provisions OF the Constitution. feel clear and full
confidence that there IL not the slightest foundation TO-
the Gi'nction; and persuaded that every can lid
mi nd M hAv l. 4