Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-01-24

oe sounu one ei'ner of them let's all that
loose and perfectly unreguated which the
Constitution, throughout, SD assiduously la
bours To regulate aud confne. Tin support of
this position MIR. B again read extracts from
the F-deralist.] The correct construction of
the above clause was this, !; gives 10 Congress
the power to raise money because that power
rs Indispensable IL is the very life blood of
all government but the money raised is Ii
mited in the mode of raising it, and limited as
to the ends Ia which it may be applied. If the
right ofappropriaiiOn be restricted in its appli-
cation. Ia the objects enumerated in the Con-
stituiion, then the question in any given case
viii, as il has been justly said by high auiho-
rIty, he sufficiently precise and determinate, tn
be submitted tojudicial decision; hut if it he
established as IA principle, that Congress may
appropriate money tO any aud every object
winch they may think will promote the gene
raj welfare, then II is obvious, that il will be
come In every instance question of erpedien-
ey. To he decided by legislative discretion, md
not suhlectto Judicial control. very just
aud precise view ofthis subject, Mr.. b. said,
us given by the late President of the United
States, IN his communication to Congress,
assigning the reason of his dissent from AN
act passed by both Houses. He here read
extracts from the Presidents communication
Having thus examined In succession the
several parts of the Constitution in which the
advocales,fer Internal Improv eInents sought 10
lind the grant of power TO make them, he
would add one other view of that instrument
considered as whole. Although its trainers
went INTO the construction of it in liberal
spirit OF mui uai concessions, yet there is ma
nifest, in various parts of il, portion of mu-
iuai jealousy also. That spirit plainly appears
IN such regulations as that which provides
that all direct taxes shall be in proportion 10
the population of the several states--that
there shall BIZ no tax ON exports, &c. These
provisions evidently arose out of a fear that
some inequality might exist in the burdens or
advantages Oft the new government as appOr-
toned among the states. But If the trainers
of the Constitution thus intended to guard by
Anticipation, against all such inequalities, do
not, said Mr.. b. derive from that fact "A very
strong argument, TO shew that they never
! meant To give tai The General Government
municipal powers, such as Internal Improve.
ment These powers bear directly ON the
internal affairs ola people almost infinitely d.
versiiied Ia situation, circumstances, and local
interests. Of what use is il To forbid dispro-
porii"nate drawing of money from the differ
ent states, IT, when drawn, according to due
proportion from each, it may then be given
for the benefit of few ? or of single state
Take AN illustration from the Great New York
Canal. Had the expense of that canal been
horne bv thr General Government, although
IT would, in "a degree, have pros0ted the
general welfare" would it not, out of all pro-
portion, have benefited the State of New
York 10 particular? And do what you WILL
from the very nature things il must happen
however pure the intentions of government
that the practical operation of such an inter
pretaiion of the Constitution, and of the sys-
tenn which rests on that interpretation, will
he tn produce AN unequal and disprnporiionatr
application ofmoneys drawn from all the
States. lfthis may he done, il is VAIN To for
bid unequal taxes and what must be the ma
iural consequence To produce discomfort
and heart-burninSs in those parts of the Uni
on, which are least benefited, or not at all,
! by the Improvements effected Some states
may be so situated by geographical position
That either small share only, or no part of
| the proposed improvements may be mad,
within them, and when they see large sums
continually going under the idea Of promot
! ing the general welfare" to accomplish objects
which are to benefit other states, "A jealousy
will he excited dangerous 10 the peace of our
country. II may be- said that such feeling is
unlustlfiabIe however that may be, it is the
part oi wise government, and il was the de
sign ofthe authors of our Constitution, to
guard, as far as practicable, against giving &C
casl"n To feelings of so pernicous character.
Before he concluded, Mr.B said, ne would
refer, Ia Anticipation, to argument which
he d"uhfed not la hear urged from certain
preced' nts which have already been set by
Congress on the general subject, and which
are thonght by some To cover the principle
against "hich he was now contrnding
The case of the Cumberland Road was one
OF these precrdents Ii had been constructed
not by any One of the state governments
through chose territory it passed, hut by the
General Government, and AT the public ex-
pense. Very true. But did not Congress.
IN the very act providing for this road vrtu
ally cede the constitutional question, by re-
qnlrlng the consent Of those states Ii the
Constitution gives the Congress power to
make roads where it viii, to promote the
general welfare" the consent uf no state, as he
hoped he had already proven, can be required
w the exercise Of that power, and SO far was
President Jefferson from believing such pow
or To he IN the possession of gOvernment tina
ne expressly recommended an amendment Of
NE Constitution III order TO give il. On the
same ground President Madison rested his We
To To- The act for giving the h0nus Of the u.
nited Stairs Bank, as fund for Internal I'm
pIoNencnt ana our present worthy Chief
Magistrate, although hs has approved acts for
me continuation and completion 1f the Cum.
brrland Road, made distinction between
power tO appropriate for such a road. and the
POWER Of jurisdiction over it. deny both.-
/ in conclusion MIR. Barbour said, that he had
endras"rrd to PRESENT to the lIOn.e q fair, and
at lhe same inlr, brief statement Of his views
IN This subject hr had long bren settled in
me opinion Thai, hUwCvcr desirable or adj
yan'ageous Internal improvements might he,
C0ngrrss ny the Constitution, had 40 power
10 NIKE ihen. He knew that ether gentle
/ men dun red widely (rutu himself in fins oni-