Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-09-18
Il2 l-2 Cents Siingie.l

constitution which bear upon this point
This will the better enable us to deter
! mine what degree Of weight ought to be
given to the several prevailing opinions.
BY the 18th amendment 10 the copsti-
tuition It'll declared tha, tsthe powers nor
delegated to the United States by the con-
stitution, nor prohibited by it to the state $,
are reserved TO tie states respectively, or
to The people" |, follows that we must
md In some part OF the constitution de-
legation OF this powerto the United States,
lor prohibition of IL to the states; other.
WISE II does not exist. This delegation or
prohibition must be direSt and literal, or il
must low incidentally aud necessarily from
The delegation or prohibition of some otlisr
power.
/ he preamble to the constitution has
generally In cases OF questionable nature
oeen considered as shedding no nconsi-
nrrable light on The vested powers. That
fpreamblc is in the following words: g We.
The people OF the United States, in order
TO form more perfect union. establish
justice, insure domestic iranquhty. pro.
vide for The common defsncs, nrc,nore the
general 0ue5fare. and 70 secure she 6iesanps If
h6erfy 10 ourselves ana or, ysosserffv, DO or
dam and establish this constitution for the
United States of America"
Among the great ends for the attain
ment OF which he government was esta-
pushed, there are then two sufficiently de-
nnIte and comprehensive to embrace edu-
Cation and internal improvements. Il 10
iHoeed impossible 10 coBceiv. any objects
which would more completely tend To
= promote the general welfare, asd secure
the blessings of liberty To Ourselves ard
our posterity." II is not, however. meant
TO be intiina,ed that this part of the con.
stuuuon would alone warrant The exercise
OF these powers. On the contrary, it is
admitted that 1t would not. Bnt il NAV
throw some light on he terms of the povs
ers subsequently, conferred. Lee us then
proceed to the other provisions OF the con-
slitution.
!. The Slh section Of the ,st Art. gives
congress power &c TO lay and eoAecf terea.
duties, ''ni'osis and creises, TO pay The dc bis.
and f'roOide for The common defence. and
6 nsraf sretfare Of The Unifsd siates.,'-
2. * 10 rSgul4te commerce with foreign
nations, aud among tie s.rs1ai s,a,es."
3. To establish pcs, ofhces and post
roads,
/" 10 promote the progress &c science
and useful arts, by securing for iimiaed
TIMES, 10 authors aed ngtnlsrs. he exciu-
sIye right TO their respective Writings and
discoveries"
These, IL is believed are called The con-
si;utional provisions tina, csa be consider.
ed as applicable TO this point
The first gives an unlimited power 70
lay taxes, leaving aItoge her .sr' spec5iifd
the purposes for which they are laid II
becomes necessary 10 enquire o '. t,at oh.
Jects they can be oonstitutionalIy applied.
10 all objects, surely, mentioned in the
constitution. Put is the door to be shut
upon all otlIers9 Although il be true thar
the constitution OF The Uoiled STATES dc.
iers from most others, iDssmuch as II isa
government OF etreUmscrIbed and DELEGATE
ed powers, does 1t follow that il is denied
all the attributes OF other governments be-
cause they are MOI expressly given. For
instance, there is no power eSpresslY eiy-
en- 10 relieve from distress, or 10 reward
merit by apecunisry donation or the cree
ton oil monuments! Yet viii il be con.
tended that, because these powers are not.
expressly given they are altogether depi.
ed This will be conts ndtd b, no one IL
/ follows, therefore, that il Is allowed BY an
universal assent That the goyefnmen. does
possess some powers, nof sItec.fed. which
had been previously considered as incident
TO all other governments. And the only
fenlsining question is whether The power
20 provide for education AID internal mn
Provements IS not Of this sind.
1t so happens that The very clause of the
constitution, which coDfsrs lie unlimited
power OF laying taxes, likewise bestows
The power Of providing for he gs1sral "a, L
Jare ofthe United States, IA adaiAop 10 that
Of proWding tor the common III nee. Ills
confidently believed THAI tilis provision
viewed in connection with ,he preamble,
already cited, was intend d principally 70
apply 20 these great objects. WHY elss
was Il introduced in this place, in the very
section that aUthorses the imposition q
taxes, and Why was the imposition Of those
taxes left without limitation Il would
seem that the eye Of the convention con-
necsed these great Objects together, ard