Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-02-03

j '
The error ut the argument lies in its begin
ming roo soon. IL suppOses the money to he
| IN the Treasury, aud then seeks To dishurse il
But how came ii there Congress cannot i'm
pose taxes without an object. Their imposi-
ton must be in references TO the whole mass of
our powers, to the general purposes of govern
ment, or with the view 10 the fuiflmeDt Of
some one of those powers, or to the attain
ment of some one of those purposes
In either case, we consult the Constitution,
and ascertain the extent of the authority
which is cosfided to us. We cannot consti-
tutionally, lay the taxes without regard to the
extent of our powers; and then, having ac-
CURED the money of the public, appropriate il
because we have got it, 10 any object indeE-
niely.
Nor did he claim the power in question,
from the consent or grant of any particular
state or states, through which AN object of in
fernai improvement might pass. II might, in
deed, br prudent To consult "A state through
winch such an improvement might happen to
be carried, from considerations of Difference
and respect To lis sovereign power and from
a disposition tn maintain those relai ions of
perfect amity which are ever desirable, be-
tween the general and state governments
| But the power 10 establish the improvement,
must be found in the Constitution, or IL d oes
not exist. And what is granted by all, it can
not ba necessary 10 obtain the consent Of some
| 10 perform.
! The gentleman from Virginia, in speaking
| OF incidental powers, bad used species uf ar
gument which he intreated him candidiy to
reconsider He had said, that the chain of
cause and effect was without end that if " e
argued from F"wer expressly granted to
all Others, which might he convenient ar neces-
sary Ia its exertion, here were no bounds To the
power OF this government; that, for example,
under the power % TO provide and MAINTAIN IA
navy" the right Nigh: he assumed To the
timber necessary to It's construction, and the
soil ON which it grew. The gentleman might
have added, the acorns fiom which il -pFu,tg.
What, upon the gentemau's own hypnihesis,
ought Ia have been his cunclusUn 4: That
Congress possessed no power To provide and
maintain navy. Such conclusion would
have been quite rs logical as, that Congress
has no power over internal improvements,
| from the possible lensths To which this power
may i's pushed. No one ever had or could,
contro, ert the existence of Incidental powers
We may apply different rules for their extrac-
ton, hut all must concur in he necessity Of
their actual existence. They result from The
lmperiecfions OF our nature, and from the ut
ter iinpossibiIity of loreseeng ali the Turns
and vcisstndes in human alfaiIs They can
not be defined. Much is attained when the
/
Keeping that constantly in view, The means
necessary 10 lis attainment must I've left To the
sound and Responsible discretion uT the public
! funcilonary. Inreuch him as you please, en-
Ploy what lapgnage you may, IN the conaii-
tutinnal Instrument, Unnecessary and proper,
" indlspensahy necessary" or any other, aud
the question is still left open, does the prupus.
ed measure fall Within the scope of the Incl
dental power, crcumscribrd as il may be p
/ .r..sx
terest, his integrity, his responsibility To- the
exercise of the elective franchise ,iinally, in
the Ultimate right, when all other =. dress fails
| at ayr appeal 10 the remedy. tt, br used unl,
| III extreme CASES. VI Gorcible resistance agaius
fniorrable oppression.
| DOUBTLESS by an rXtravagant and alnsiy,
enlargement nf iae iden!al pouers, the Slar,
govcrnme mis- may Ice reduced within too nar
row limits. Take any power, however in
con- esllbly granted To the general government,
and employ that kind of process. of reasoning
in which the gentleman frum Virginia is 5,
skiltul, 10y tracing it To its remotest effect :
you may make II absorb the powers of III,
state governments. Pursue the opposit,
course take any incontestbte pow CT belong
ing 10 the governments, aud follow il out int,
all MS possible ramihca'ions;; and you may MAKE
II thwart and defeat The great operations o
the government of The whole. This is th,
consequence of our systems. Their harmony
is To he preserved only Ivy furhearancr. Liberal
ity, practical good sense, and mutual conces
sion. Bring these dispositions into the ad
mInstrailons of our various institutions, AN,
all the dreaded conflicts uf authorities will b,
found to be perfectly imaginary.
He SAID, that he disrlaimed for himself
several sources To- which Others had ascendet
to arrive at the power in question. La max
II ing tins disclaimer, he meant 10 cast no inpu
tatlon on them. He was glad to meet then
by whatever road they travelled, At the pniu
OF constitutional conclusion. Nor did thri
positions weaken his on the contrary,
correctly taken, and his, also, were iustifirt
by fair Interpretation, they added strength {,
bis. Bat lac felt it his duty, frankly and sin
cerely. To state his own views of the cunsiui
ton. To coming 10 the ground ON which l,;li,
| Mr.. C.) make my stand 10 maintain th,
power, and where am ready 10 meet lis an
| iagonsts, am happy. IN The outset, io Stat,
my hearty concurrence with the gentleman
from Virginia, in the old, 1893, republican
| principles, tnOw become federal, aIso1 by
] which the constitution is To he intprpi eisd
1 agree with him, shat this is limited govern
ment that Vt has no powers but tie granted
powers ;and that rlIc granted powers are thOs,
which arc expressly enumerated, or such as
being implied, are necessary aud proper {,
rlicctuate the enumerated powers Aud, it
do not shew the power over frderativp, nation
al, internal improvements To be fairly deduct
hle, after the strictest application of thes,
principles, / rntrrai the Committee unanl
inously tn reject the b.iI. The gentlrmar
from Virginia has rightly anticipated that, it
regard Ia roads, claim The power, uudrr th,
grant, 10 establish post uilices and post roads
The whole question, 0n ihis part nf the sub
Irct, turns upon the tue nraning of mi