Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-02-13


ther, especially where small ports may be too
poor to build vessels totransport their products I?
Why may we not legislate upon the subjects of
bills of exchange and promissory notes Whole
some laws and regulations, IN relation to these
objects might facilitate and aid commerce and
trade between the states. Why not, too, in
corporate agricultural, manufacturing, and COM
mercial companies, These may be subservicnt
and useful In relation to our commerce, and
would tend to facilitate and foster it. But,
would such powers be tolerated in this govern
ment, or even claimed by the warmest advocates
of this bill? Against this power of the general
government, to make internal Improvements by
means of roads and canals, under any part of
the Constitution, Mr.. S. said, he would bring
the sanction Of high name in the annals Of
our Political History-the authority of man,
whose principles had been as uniformly stead
fast rs republican, and whose virtues were as
pure as his genious was Splendid man who
had Justly been considered as the L" Apostle of
Liberty" TWAS unnecessary to say that he al
ludcd to Thomas Jefferson. In his message to
Congress in 1906 he denies, in terms, the power
in this government to execute a system of inter-
nal improvement by roads and canals, and re-
comments an amendment of the Constitution in
this'respect.
Here Mr.. S. read Extracts from the Mes
sage.
deny, then, (said Jlfr. S. any power in this
government, under the clause to "regulate
commerce among the states" to make roads and
canals in any part of this Union.
.Ur. S. said, he had intended to have gone at
large into an examination of third source from
which this power, he knew, was claimed by
someof the friends of the bill, Though not by
the Speaker ami the gentleman from Delaware,
and that was the =" poperof unlimited app,'opri-
alton ofmoney-" But he was sensible that he
was trespassing too long upon the attention OF
the Committee, who had SO kindly attended 10
him throughout the discussion, and he would
therefore, content himself, with few general
remaks.
This doctrine of unlimited appropriation by
this government, OF the nation, was first asserted
by Mr.. Hamilton, whilst Secretary of the Trea-
sury, in the year 179I In his report of the 5th OF
December, 1871, he maintained that it belonged
to the discretion of the National Legislature to
" pronounce upon the objects which concern the
general welfare, and to appropriate the money OF
the Union to whatever concerns "the general in
terests Of learning, Of agriculture, Of manufac-
lures, ard Of commerce."
If, said Mr.. S. YOU have this power of the
purse unlimited, you destroy the effect of any
particular enumeration of powers in the Consti-
the Constitution authorized every MEASURE
There was not power which might not have
some reference to the common defence and gen.
eral welfare, non one of any magnitude, which
IN exercise, did not embrace an appropriation
OF money. ANY government, therefore, which
possessed either the power of legislating for
the public welfare, or the right of appropriating
at pleasure, the public money, was, in effect
| absolute and unlimited.
| Sir, said .Mr. S. in our general system of Po-
litcal Economy, having for its object the nation
al welfare, every thing is related Immediately OF
remotely, toevery otter thing, and, consequent.
y, rowcr over any one thing, if not limited BY
some Obvious and precise a 6inity, may amount to
a power over eue,y other Ming-ends and mean.
may be made to change their character, at the
will oflegislative ingenuity, and what was in
tended as an end, in one case, may become mean.
in another.
We know, from experience, how easily this
can be done. The, British Parliament found nc
difficulty, when collecting revenue from the
| commerce of America, in calling it a tax for the
regulation of commerce, or regulation oftrade
with al eve to tax.
It's conceded that this government may tax
without limit; bat then comes the enumeration
of the cases to which its powers shall extend.-
You may apply the money to the common de-
| fence and general welfare, but it must be in ap.
plication to some particular measure, pointed
out and authorized by the constitution Sir
the question ought to be, when money is about
to be applied to any specific measure, is it in
the enumerated powers of the Constitution OF
is It fairly incident to any of those enumerated
If so il is right-if not, it is wrong. Therefore,
the Constitution wisely provides that no money
shall be drawn from the Treasury, but by appro-
rp,Jn nf l,U / &c NJ r. ::
whether unlimited powers be exercised under
the name of unlimited powers, or under that o.
unlimited means, in.carrying a limited power
into execution. government may be limited
IN It's sovereignty, with respect to its means, al
well as to its objects of power, and to give al
extent to means, is to make it unlimited. AND
here, .0fr. S. said, he would take occasion, be-
fore he concluded, to offer one or two remark.
upon the subject OF &c implied or incidental poo
ers," on which SO much had been said. He die
not deny, nor did his colleague, (Jur. Barbour
as some gentlemen lad supposed, that this go.
vernment did possess some powers of this charac.
ter. Indeed, without them, he was willing to
admit, the government could not get along. Blu
they must be fairly incident" to some equine
rated power, giuen by the Constitution. 1t wa,
clear principle, Mfr. S. said, ofuniversal law
OF the law OF nature-nations-oft the common
iaW-and OF reason, that the general grant q
power carries with it the means which are me-
cessa1y to the fair execution of the power Blu
1t must be those means and those only, which arr
necessary.
| Vattel SAYS Since a nation is obliged t.
preserve itself, it has right to every thing ne
ceSsa1y for its preservation for the law of ma
ture gives us right to every thing, uoithou
Ultich we could not fulfil an obligation; other
! wise it would obligc us to do imooss;bilit;es nj
rather contradict itself in prescribing duty
and prohibiting, at the same time, the oniy mean
offul6llng it." So, too, he tells US, that if Z