Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1817-03-11

The following is the message OF the
President. transmitting to the il. of Re
representatives. his objections to the Bank
Bonus Bal
70 tie House Of Representatives. Of tie UNI
st0 St0teS.
Having considered the bin this day pre-
sentcdio me, entitled " Anact TO set apart
and pledge CERTAIN funds for internal im-
movements :" and which sets apart and
hedges funds {" for constructing roads
and canals, and improving the Navigation
of water courses, III order 10 facilitate,
promote, and give security to Internal
commerce among the several states, and
10 render more easy aud less expensive the
means and provisions ior the common de-
fence" am constrained, BY the insupe-
rable difficulty | feel i'll recouciiing lie
bib with the Constitution OF lie United
States 10 return it, with that objection to
the House oil Representatives, IN .ghlch II
originated.
The legislative powers vested Ill Con-
gress are specified ana enumerated III the
Sth section of the first article OF the Con-
stitutlon and il does moi appear that tie
power, proposed to be exercised by the
bill, is among the enumerated powers
or that ii fails, by any just interpretation,
within the power 10 make laws necessary
and proper, for carrying INTO execution
those or other powers vested by the Con-
sliuiion lii the Gov srnment OF the United
States.
The power to regulate commerce a.
mong the several states" cannot include
power TO construct roads and canals,
and 10 improve the navigation OF water
courses, i'll order 10 facilitate, promote and
secure such commerce, without lati-
tude OF cons truction, departing from the
ordinary import OF the terms, strengthen
ed by the known Inconvenience which
doubtless led 10 the grant OF tins remedial
power TO Congress. To refer the power
in question To- the clause . TO provide for
the common defence and general elfare,"
would be contrary so the established and
consistent rules OF Interpretation DIS ren-
dering the special and careful enumeratl-
on OF powers which follow the clause nu-
gatory and improper. Such view OF the
constitution would have fiie effect of Civ
ing to Congress general power OF legis-
lation, instead of the defined and limited
one hitherto understood 10 belong TO
them; the terms 'common defence and
general welfare, embracing every object
and act within the purycw OF legislative
trust. 1t would have the efiectof sublec-
ting both the constitution and laws of the
several states, i'll all cases not specifically
exempted, To DE superseded by laws OF
Congress II being expressly declared,
" that the constitution Of the u. States,
and laws made IN pursuance thereof, shall
be the supreme law of the land, and the
Judges of every state shall be bound
thereby, any thing in the constitution or
laws to the contrary Notwithstanding =
Such Il view OF the constitution finally
would have the effect OF excluding the ju-
diciai authority OF the United States from
its participation i'll guarding the bounda-
~ between the legislative powers of the
general and the state governments; mas
much as questions relating to the general
welfare, being questions of policy and
expedlency, are unsusceptiDie OF judicial
cognizance and decision.
A restriction of the power " to provide
for the common defence and general wei
fare" to cases which are TO be provided
for by the expenditure OF money, would
still leave within the legislative powerof
Congress all the great and most important
measures of government money being
the ordinary and necessary means OF car.
rying them into execution.
If general power to construct roads
and canals, and 10 improve the NAVIGATE
OH ofwater courses, with the train OF pow
ers incident thereto, benot possessed by
Congress, the assent ofthe states, in the
mode provided in tie bill, cannot confer
the power. The only cases III which the
consent and cesSion of particular states
can extend the power of Congress, are
those specified and provided for IN the
constitution.
am not unaware of the great impor-
lance of roads and canals, and the impro-
we'd navigation of wafer courses and that
q power in tie national legislature to pro-
vide for them might be exercised with
signal advantage to the general prosperity
But, seeing that such a power IS moi
expressly givenby the constitution; and
believing that it cannot be deduced from
any part of ii, without an lnadmisslble Ia
tltude Of construction, and reliance on
4 insufficient pTccedenis believing, also,
"A that the permanent success oithe constr
s tuition depends on definite partition of
powers between the general and the State
governments, and that no adequate land
tlnarks would be left, by the constructive
Hexteusion of the powers of Congress, as
Proposed IN the bill, Ihave no option but
10 withhold my signature from II cherish
Ping the hope, that its beneficial objects
4nay be attained, by resort for the ne
cessary powers, TO the same wisdom and
sirtue in the nation, which established the
CONSTITUTION in its actual form, and proyi-
identity marked out, in the instrument
itself, a safe and practicable mode OF i'm
DrOViuv IL us pxnprieuce mfnnt SuE-