Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
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Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
I thank the gentleman from Ohio (Mr. Vance) for having reminded me of
the resolution passed by the Legislature of Pennsylvania, at their last
session, which authorizes the Federal Government to erect toll-gates
upon this road, within that Commonwealth; to “enforce the collection of
tolls, and, generally, to do and perform any and every other act and
thing which may be deemed necessary, to ensure the permanent repair and
preservation of the said road.”
I feel the most unfeigned respect for the Legislature of my native
State. Their deliberate opinion, upon any subject, will always have a
powerful influence over my judgment. It is fairly entitled to as much
consideration as the opinion of this or any other legislative body in
the Union. This resolution, however, was adopted, as I have been
informed, without much deliberation and without debate. It owes its
passage to the anxious desire which that body feel to preserve the
Cumberland Road from ruin. The constitutional question was not brought
into discussion. Had it been fairly submitted to that Republican
Legislature, I most solemnly believe they would have been the last in
this Union to sanction the assumption, by this Government, of a
jurisdiction so ultra-Federal in its nature, and so well calculated to
destroy the rights of the States.
But this resolution can have no influence upon the present discussion.
The people of the State of Pennsylvania never conferred upon their
Legislature the power to cede jurisdiction over any portion of their
territory to the United States, or to any other sovereign. If the
Legislatures of the different States could exercise such a power, the
road to consolidation would be direct. If they can cede jurisdiction to
this Government over any portion of their territories, they can cede the
whole, and thus altogether destroy the Federal system.
Even if the States possessed the power to cede, the United States have
no power to accept such cessions. Their authority to accept cessions of
jurisdiction is confined to places “for the erection of forts,
magazines, arsenals, dockyards and other needful buildings.” Mr. Monroe,
in the message to which I have already referred, declares his opinion
“that Congress do not possess this power; that the States, individually,
cannot grant it; for, although they may assent to the appropriation of
money, within their limits, for such purposes, they can grant no power
of jurisdiction, or sovereignty, by special compacts with the United
States.”
Public-domain text, read in full here on John Shaqi.
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