Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1817-12-23

power We bi"n'S va 10y S''''''''
could never have intended the genera!
government should make it under sNc!
II there be any part al
that instrument which demands 'ibe,al
construction, il is that which coaters Oh
the federal government The power o.
making war, and the duty Of protecting
the saiVa from foreign hostility. With
navy yet insufficient to insure the safe
CONVEYANCE coastwisc, 1t trccps, OF Iai-
pcments of war and military stores, and
destined to contend with an enemy,
whose command of the sea enascs them
to as.ail, in rapid succession, the most
distant positions, We have been compel
led, from he want of an internal water
communication, to encounter the most
wasteIul extravaganza in the transporta-
ton OF The means of defence. From the
same cause the internsl trade between
the states has been, during war, tram
meled AID embarrassed. and even cut of;
and the productions of one portion OF the
community have rOtted on their hands,
while distant parts of the United States
were suffering for the want of them.
1t is true that the wants of the union
cannot confer powe, underline constitu-
ton; bnt they may justly be touched up
on as affprding aid in its construction -
They must have been clearly foreseen,
and must have been supposed 10 be pro-
vided for. If the power to carry on war
implies " the necessary and proper"
rseans of conducting it TO a safe and
prosperous issue. and il, without the use
OF these means, the burdens and the pri-
vaji0nS ard the miseries of war are to be
indefinitely encreased, and lis issue tai-
ways dOubtfuD rendered yet more pre-
carious and unprosperous, are we not
justified in presuming these means to
have been contemplated as being vested
in the general government? are we not
justified in asserting this necessary"
power ?-the power of constructing roads
and canals at least Nth the assent of tie
states.
II your committee have rot erred in
attrbating to Congress a constitutional
power to make roads and canals, either
IS an original or accessory power, it
would seem that 10 doubt could remain
of the right of applying our revenues to
those purposes. /! indeed the power was
denied TO The genera! government of con-
structing roads and canals themselves, a
question might still arise, whether it had
not power to appropriate part of the
revenue q" to aid in the construction Of
roads and canals by the states"
THERE'S perhaps no part Of the consti-
tutisu more unlimited than that which re-
iates to the application of the revenues
which are TO be raised under IFS auhori
ty. The power is gwen -" TO Law and col
lect taxes to pay the debts and provide
tor the common defence and general WEI
fare of the Uni.cd States :" and though
it be readily admitted, that, as THE clause
is only intended To designate the objects
for which revenue is to be raised. il can
not be construed to extend the specified
powers Of Congress, yet it would DC diff
cult to r ccnciie either the generality Of
The expression or the course of sdminis.
trat,on under it, with the idea that Con-
gress has not discretionary power over
its expenditures limited by their applica.
ton - to the common defence and gene
raj welfare
A few of the very great varie y oi IN
stances, in which the revenues 1t the l.
nited States have been applied to objects
not falling within the specified powers Of
Congress, or those which may b. regard.
ed as Incidental to them, will best illus
trate this remark.
Thus it can scarcely be conceived.
that. if construed with rigoI, the con
stituIi"n has conferred the power TO
purchase library. either specifically
or as a necessary" incident to le-
gislation. Still less. perhaps. can the
pious services Of chaplain, or the
purchase of expensive paintings. for
ornamenting the hall of session, or
various other expenditures of SINH
lar character, be considered as :. ne
cessary" incidents to the power Of
making laws. Yet to these and to
similar ohircts, have the funds Of the
United States been freely applied. at
every successive session of Congress,
without question as to the constitu-
tionality Of the application.
1t would be yet more difficult to
reduce under the specific or accessa-
ny powers of Congress, tic liberal
donation to the wrctched sufferers in
Venezuela, or the employment Of our