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

" possessed the power commended for under
" this grant, might they not, in adopting the
" roads of the individual states, for the car
riage of the mail, as has been done, assume
" jurisdiction over them, aud preclude right
" to interfere with or alter them ?" They both
agree that the General Government does not
possess the power. The gentlerSan from Vir-
ginia admits, if he tMr. c. understood him
correctly, that the designation of state road
as post road, SO far withdrew it from the
jurisdiction of the STATE, that it could not be
afterwards put down or closed by the state /;
and in this he claims for the General Govern
ment more power then the President con-
cedes to it. The President, on the contrary,
pronounces that" the absurdiiy of such a
{" pretrnsion" THAT is, preventing, by the de-
signafion ola post road, tho power of the
state from altering or changing it) "must he
"apparent To all who examine il ~ The gen.
tleman thinks that the designation of a post
road withdraws il entirely, sd far as It's used
for that purpose, from the power ofthe whole
state whilst the President thinks it absurd TO
assert that a mere county court may not de-
feat the execution of "A law of the United
States! Tile President thinks that, under the
power of appropriating the money Of the u
nited States, Congress may apply il To any
object of internal Improvement. provided II
does not assume any territorial jurisdiction !;
and I'm this respect hr claims for the general
government more power than the gentleman
from Virginia assigns 10 IT, And he Mr.. c.
must own that he so far coincidcd with the
gentleman from Virginia. II the power can he
traced tn no more legitimate source than to
that of appropriating the public treasure, he
yielded the question.
The truth is, that there Is no specific grant,
in the constitution, of the power of appro-
N IN Ny.ts " cnch 10
resulting power. The constitution vests in
Congress the power of taxation, with but few
limitations, To raise public revenue. Ii then
enumerates the powers of Congress. And ii
follows, of necessity, that Congress has the
right 10 apply the money SD raised To the ex-
ecutiOn of the powers so granted. The clause
which concludes the enumeration Ofthe grant
ed powers, by authorizing the passage of all
laws necessary and proper" 10 effectuate
them, compartments the power of appropria-
ton. And the trainers of the constitution re-
cognize il by the restriction that no money
shall be drawn from the Treasury hut in vr-
tue of a previous appropriation by law. II was
to him wonderful how the President should
have brought his mind To HE conclusion, that.
under the power of appropriation, thus incl
denially existing, right could be set up, in
IFS nature almost without limitation, To- en-
pi0y the public money. He cumhats with
great success and much ability, any deduction
of power from the clause relating to the gene
raj welfare. He shews that the effect Of il
would be To oyerturn, or render useless and
migratory, The careful enumeration Of our pow
ers and that il would convert a cautiously H.
mited government into one without militia
ton. The same process of reasoning by which
his mind was brought Ia this lust conclusion.
one would have thought, should have warned
him against his claiming, under the power Of
appropriation, such vast latitude OF auiho-
rIty. He reasons strongly against the power,
AS claimed by us, harmless and beneficent
and limited as il mast he admitted 10 be, and
yet he sets mp power boundess in lis extent,
unresiI aimed tn the object of internal improve
inents, and comprehend. the whole scope
of human affairs. For, If the power exists, AS
iie asserls H. what human restraint is there
upon II He does, indeed, say, that it cannot he
exeited 50 as TO ihterfere with the territorial
jurisdiction of the states. But this is res
friction altogether graiuitous, flowing from
the bounty fthe President, and not found in
the prescriptions of the Constitution. If we
have right, Indefinitely, to apply the money
ofthr GOvrrnment to internal improve ents
or toany other object what is tn prevent the
application oft TO the purchase of the sove
reignty itself, ii "a state were mean enough fu
sell its sOveIeignty-to the purchase of king
dorns, empires, the globe itself? With an al
most unlimited power of taxation aud after
the revenue is raised, with right To apply il
under no other limitations than those which
the Presidents caution bas suggested, he
could not see what other human power was
needed. 1t had been said, Ivy Cesar or Bona
parte, no doubt thought by both, that, with
soldiers enough, they could get money =
nough and with money enough, they could
command soldiers enough. According tn r.Io
Presidents Interpretation of the Constitution,
one OF these great levers of public force and
power IS possessed by this government. The
President seems to contemplate, as fraught
with much danger, the power humbly as il is
claimed, To effect the internal improvement of
the country. And, in his attempt to over
throw IT sets up one Of infinitely greater mag
nltude. The quantum of power which we
claim over the subject of internal improve
nient IS, IT is true, of greater amount and force
than that which results from the Presidents
view OF the Constitution ; hut then it is limit
ed to the object ofinternal improvements =
whilst the power set up by the President has
no such limitation, and, IN effect, AS Mr. G..
conceived, has no limitation whatever, hnt that
of the ABILITY ct The people 10 bear taxation.
With the most profound respect for the
President, and after The most Deliberate con-
sideTatiOn Of his argument, Mr.. e.. could NOT
agree with him. He could not think that any
political power accrued 10 this government,
from the mere authority which it possessed
TO appropriate the public revenue. The pow.
or To make internal improvement drew after
il, most certainly, the right To- appropriate mo-
ney 10 cunsummate the object. But hr could
not conceive that this right OF appropriation
drew after it the power of internal improve
| 'nents. The appropriation of monty was
m - Il FIJI.
not precede. According tO the order Of ma
lmrl. 90 70. in. 1.r.D,, H. ..L..n.t o.. L.