Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1817-12-23
the funds which they arc authorised

\ W dA~t.
Nor is there any danger that such
a power Will be abused. while the Vi
sor Of representative responsibility.
remains unimpaired. 1t is on this
principle that the trainers of this con
Stitution mainly relied for the profcr-
ton of the public purse. II was
safe reliance. IL was manifest that
there was no other subject on which
representative responsibility would he
50 great. On tic Othsr hand, while
This principle was calculated to pre-
vent abuses i'll The appropriations Of
| public money. it was equally neces-
sary to give an extensive discretion
to the legislative body, in the dispo-
sition of the revenues since no hu-
man foresight could discern. nor hn-
man industry cnumerate. the infinite
variety ofpmrposcs. to which the pub
lie money might adSantageously and
lcsitimatcly be applied. The attempt
would have been to legiSlate. not to
frame constitution : to faresce and
provide specifically for the wants Of
future generations /; not to frame a
rule of conduct for the legislative
body. Hence proceeds the use of
this general phrase in relation to the
purposes to which the revenues may
be applied !; whilst the Trainers of the
instrument, in the clause which con-
cludcs the enumeration of po1cers.
scrupu'5usly avoid the use of so
comprehensive an expression, and
ronfinc themselves to the grant of
such incidental power as might be
both t" necessary and proper" to the
exercise of the specified powers.
Nor is it conceived that this con-
struCtion Of the constitution is calCu-
lated to give that unlimited extent to
the powers Of the federal government
which by some seems to have been ap-
pretended. There is distinction
between the power TO appropriate mo-
noy for a purpose. and the power TO
do the act for which il is appropriated:
ana if so, the authority TO apDropri-
ate money for TIC general Welfare"
does not by fair construction extend
The specified or incidental! powers of
government. Thus. in the case un-
/ Ger consideration if the power to
make road or dig a canal is not 81
ven, the power of appropriaiiHg money
cannot confer it, however generally it
may be expressed. II there were no
other Limitation, the rights Of The re-
spectiyc states, over their soil and ter
ritory. would operate as restriction.
Whilst this APPEARS to be safe as
well as fair construction of the ConSt,-
tuition, il is also that which has been
practically given 10 il siErn the o"i-
! gin of the government. OF this tie
instances already mentioned furnish
some evidence. aud il is apprehcmdcd
that upon tde rigid principles oc con-
struction. asserted both in regard tn
the enumeration Of powers and the aP-
! preparation Of re, enuc, the acts Of the
! federal government. including all its
branches. vii. exhibit continued Sc
les &C violations Of the constitution.
from the session after lis adoption, to
the present day.
lt would bchove us to turn over the
statute hook and deliberately exam
inc. how, upon these principles. the
laws giving bountics TO fishermen, en-
cnuraSing manufactures, establishing
trading houses with the Indians. e
rccting and constructing heacons.
piers, and light houses. purchasing
libraries, adjoining with paintings the
chamber Of Congress. giving charity
to suffering foreigners. constructing
roads through the different states. and
establishing banks. can be reconciled
TO the pro, isions of the constitution.
If. as has heen remarked by high au-
thority, the constitutional question
can be" precluded by repeated recos-
nitiuns. under varied circumstances,
of the validity" of the exercise of a
power by Congress. Z" in acts of the
Legislative. executive. and judicial
branches of the government. accompa-
nicdby indications in different modes.
Of a concurrence of the general will of
| the nation" the advocates for these
powers in The general government
can find little difficulty in supporting
the pcctcusi0r.