rated from that of the States; and provide that all intercourse with them shall be carried on exclusively by the Government of the Union; whilst the powers of Congress to regulate Commerce, to declare war, make peace, and conclude Treaties, comprise all that is required for regulating intercourse with the Indians.

621. The Power to establish Post Offices and Post Roads, is necessarily connected with the regulation of Commerce, and the promotion of the general welfare; as a regular system of free and speedy intercommunication is not only of importance to the mercantile interests, but of great general benefit.

622. This power is exclusive, so far as it relates to the conveyance of letters; but not in regard to Post roads, as it would be unnecessary for Congress to make another road where a sufficient one for the purpose already existed; whilst, on the other hand, no State has power to deny or obstruct the passage of the mail over its public roads,

623. The power of Congress, in relation to this subject, was brought into operation soon after the Constitution was adopted; and various provisions, in regard to Post Offices and the conveyance of letters and other articles by mail, have been enacted at different times, founded on the principle of the power's being exclusive as to those objects.

624. Under this power, in conjunction with the powers to raise money to provide for the general welfare, and to pass all laws necessary and proper for carrying into execution the powers vested in the General Government, funds have from time to time been set apart by Congress for internal improvements in the several States by means of roads and canals:.

625. The Cumberland road was constructed under a covenant with the State of Ohio, that a portion of the proceeds of public lands lying within that State, should be applied to the opening of roads leading to it, with the consent of the States through which the road might pass."

626. But after the expenditures upon that road had exceeded the proceeds of the lands appropriated for its construction, bills passed by both houses of Congress at different times, appropriating funds for continuing it, as well as subsequent bills for similar objects, were severally objected to by successive Presidents of the United States, and eventually lost upon their return with the objections to Congress.

627. The Executive Department denied on those occasions, any such Constitutional power in Congress as the respective Bills assumed to exist; or that such power could be vested in the National Legislature, by the Act of a State consenting to its exercise.

628. Congress, however, still claim the power to lay out, construct, and improve Post roads and Military roads, with the assent of the States through which they pass, as well as to construct Canals through the several States, for promoting and securing internal Commerce, and for the more safe and economical transportation of troops and military stores in time of war; leaving the jurisdictional right® over the soil to the respective States.

629. By an Act passed with the assent of the Ex-* ecutive in 1824, the necessary, surveys, plans, and estimates, were authorized to be made of such roads and canals, as the President might deem of national importance, or necessary for the transportation of the public mail; and a large sum of money was ap

propriated from the Treasury for defraying the expences incurred by the execution of this Law.

630. But in the year 1830 a Bill passed by both Houses appropriating a sum of money from the Treasury as a Subscription to the Stock of a Turnpike -road exclusively within a State, was returned with objections by the President, and was finally lost in the House of Representatives, in which it had originated.

631. The objections of the President to this particular appropriation were founded on the principle that Congress were not authorized to appropriate money to any other objects than such as were included amongst the enumerated powers vested in the National Government; and he, moreover, considered that the work proposed to be aided did not fall within any of those powers, as it was of a local and State, and not of a general and national charac

ter..

632. This distinction seems conformable to the principle already stated, that "the action of the General Government may be applied to all the external concerns of the Nation, and to those internal concerns which affect the States generally; but not to those which are completely within a particular State, which do not affect other States, and with which it is not necessary to interfere for the purpose of executing any of the general powers of the Govern

ment.

the value thereof to

633. The Power to coin money, and to regulate and of foreign coins," is rendered exclusive by a subsequent provision of the Constitution prohibiting the individual States from its exercise; whilst the power" of fixing the Standard of

weights and measures," seems also, for the sake of uniformity, proper for the exclusive exercise by Congress; but as they have not legislated on this subject, it is presumed that, until they do, each State retains the right of adopting and regulating its own standard.

634. The power of coining money is one of the ordinary prerogatives of Sovereignty, and is almost universally exercised in order to preserve a proper circulation of good coin of a known value; and to secure it from debasements, it is necessary that it. should be exclusively under the control and regulation of the Government.

635. The object of vesting this power in Congress, was to produce uniformity of value throughout the Union, and it is obvious that the exclusive possession of this power by the General Government, could alone secure a wholesome, and uniform National currency; and prevent the embarrassments, vexations, and frauds, which the varying standards and regulations of the different States would introduce in the course of trade.

636. The Power of Congress "to provide for the punishment of counterfeiting the public securities and current coin of the United States," necessarily follows the powers to borrow money and regulate the coin; as, without this, the preceding powers would be devoid of any adequate sanction.

637. This Power seems to be exclusive of that of the States, as it is an appropriate means afforded by the Constitution to carry into effect other delegated powers not antecedently existing in the States; yet it appears to be taken for granted by the Acts of Congress relative to the offences in question, that

cognizance of them may, under certain circumstances, be concurrently exercised by the State Courts.

66

638. The Power" to establish an uniform system of Naturalization," is necessarily exclusive, especially as it is provided in a subsequent part of the Constitution, that the Citizens of each State shall be entitled to all the privileges and immunities of Citizens in the several States;" and accordingly this power has been judicially held to be exclusive, on the ground of its direct repugnancy or incompatibility with the exercise of a similar power by the States.

639. The Constitution contains no definition of the character of a Citizen; but the term is used in plain reference to the Common Law, which is regarded not only as the means or instrument of exercising the jurisdiction conferred by the Constitution, but in many instances must be resorted to as the interpreter of its meaning.

640. At the time the Constitution was adopted, the Citizens of each State, collectively, constituted the Citizens of the United States; and were either Native Citizens, or those born within the United States, or naturalized Citizens, or persons born elsewhere, but who, upon assuming the allegiance, had become entitled to the privileges, of native Citizens.

641. All who were resident Citizens at the time of the Declaration of Independence, and deliberately yielded to that measure an express or implied sanction, became parties to it, and are to be considered as natives; their social tie being coeval with the Nation itself.

642. All persons born within the Colonies whilst subject to the British Crown, were natural-born Bri