Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1817-01-09

a right incidental to the power "to raise
and support armies" as much as the right
TO purchase arms and ammunition, bar
racks and hospitals; as one of the means
of training and perieciing our armies
still the other argument does not hold
II is nor sequ,iur that a power exercised
for d particular purpose should be exerci-
scd for purposes essentially distinct.-lf
Il Military Academy is incident 10 the
power over the army of the L. States,
does il therefore follow, that Il National
University is incident 10 the same power?
The very terms OF the proposition are alb
sur,l.
AS TO a general system of Ronds and
tritafS, 1t may be cOntended that il comes
under the general power 10 " establish post-
offices end pcsi-rcndS"-but this argument
would just lac as satisfactory as The one
which places IA National Univ ersity on the
same footing with Il Miliiary Acadein, -
In the LIST place, no man viii contend,
that whatever power il gives over the
roads of the nation, il gives The same over
the ris6rSand cdD0iS Aud 2d,. as tothe
roads, Congress has right 10 establish
Post-noad-a@ admit even that this gives
right rot only To point out which STA ne
the posi- road, but to trace and form il for
this purpose, whlchremains 10 be proved,
yet ii Is confined by the very terms of the
proposition, 10 a post road. Beyond this
purpose, even according TO the vaguest in
terpretatlon of the power, YOU cannot adj
vance one foot.
After all, the advocates OF this power
must throw Themselves upon some of the
general expressions Of the Constitution
They must say congress has a right to do
what is for the interest of the nat,oi,-and
that 1t has a right " 10 provide for the
common defence and general ,rolfare. -
On this subject, we beg leave to draw
from the pure fountain oi'90-as contain
ed IN that masterpiece of reasoning, the
celebrated Report Of Mr.. Madison
"That Notwithstanding this remarkable
security against mlsconStruction, design
has been indicatedto expound these phra-
SEES in the constitution, SO as TO DESTROY
the effect of the partiC ular enumeration
OF powers by which il explains and limits
them, must nave fallen under the observa-
| tion of those who have attended 10 the
course OF public transactions. Not to
multiply proofs on this subject, twill suf-
| ilce TO refer to the debates of the Federal
| legislature, in which arguments have on
different occasions been drawn, with an
parent effect, from these phrases, in their
indefinite meaning.
TO these indications, might be added.
without looking farther, the official re-
| port OH manufactures by the late secreta-
| ry OF the treasury, made OH the 9TH of De-
| cembe", 1901 and the report of a com
mlttee of Congress in January, 1897, on
! the promotion OF agriculture. I'm the FIRST
of these, it is expressly commended TO be-
long to the discretion of the national le-
| gislature to pronounce upon the objects
| which concern the general wclfare, and for
which, under that description, an appre-
| prlatIon OF money Is requisite and proper.
! And there seems 10 be no room for a doubt
| that whatever concerns the general inte-
| rests OF LEARNING, OF AGRICULTuRF. OF
| MANUFACTURES and OF COMMERCE. are
within the sphere ofthenatienal councils.
| as far as regards application Of sloney. =
| The latter report assumes the same lati-
! tude of power III the national councils
| and applies it to the announcement of ap.
ricuIture, by means Of society. TO be
established at the seat ot government
| Although neither of these reports NAV
have received the sanction of a law carry
| ing 1t INTO effect; yet, on the other hand
| the extraordinary doctrine contained in
both, has passed without the slightest
positive mark of disapprobation from the
authority to which it was addressed.
" Now, whether the phrases in question
be construed to authorize every measure
relating TO the common defence and cen
eral welfare, as conteuded by some: or
every measure only nwhich there might
be an application of money, as suggested
by the caution of others, the effect must
substantially be the same, i'm destroyinp
the import and force ofthe particular enlI.
meration of powers, which follow these oe-
neral phrases in the Constitution. For il
| is evident that there is not a single mower
whatever, which may not have some refe-
renee TO the common defence, or the rem
erai welfare /; nor power of any magni-
tude, winch, IN Its exercise, does not in
! volvc or admit an application of money.
The government, therefore, which pos
sesses power iii either one or other of
these extents, is a government without
the limitations formed by particular e.
Enumeration ofpowers and consequent
| ~ the meaning and effect of this parlicu-
| Ter enumeration, is DESTROYED by the ex-
position given TO these general phrases.
"This conclusion will not be affected
by an attempt to qualify the power over
the general welfare" by referring it TO
cases where the generalwclfne is beyond
| the reach of separate provisions by the in
diridual StateS--and leaving 10 these their
| Jurisdictions i'll eases, TO which their sepa-
rate provisions may be competent. For.
as the authority of the individual states
muslin all cases be Incompetent to eencr-
| al regulations Operafiup fhrouoh fI,e