Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-12-13

l7S3 or its territory subsequently acquired they
may all without the least officially, BE- referred Ell
ther to the power OF Congress to adi, new states.
anu IT'S consequent right to acquire territory Tor that
object, or 10 the power of Congress to make all
neediui rules sad regulations for the government
OF is territories. In relation the other branch OF
the example - The appropriations for The aneliora-
ton OF The condition of the savages.' presume
aliuslon is made principally the act OF Congress
passed March the 30 h, 1902, in which anony
other things, tie President is allowed sam not
exceeding = 5000 annually to be expended anons
them In the form OF rations, useful domestic ami
mails, implements OF husbandry, &r which in tie
very language OF the act is done 90 TO promote eli
vilizaion among the friendly Indian tribes and TO
secure the continuance Of their friendship And
the title oi which il, an act TO regulate trade
and Intercourse with the Indian Tribes aud 10 pre-
serve peace on the fronliers.'' With these avo,v-
ais, both IN the tile and body of the act, and
knowiedgeoi the Influence OF such kindnesses upon
the savage Character Is 1t not passing strange that
your intelligent correspondent should have referred
I II 10 any other power than the power of Congress
10 regulate commerce with foreign ma lions, and
apions the several states and scith the Indian
rs5es, and TO the Testy-making power, which
latter power Is often more beneiically exerted by
ad' piing measures TO preserve peace than By con
ciuoinS treaty o! peace alter shall nave been
| actually waged. The next example is the act for
the relief OF the distressed inhabitants of Carac-
! cas- For this act of legislation there is not 10
my mind the slightest warran; la the constitution
however MUCH to be appauded TIE feeliuYs which
LED TO 1t. But that 1t was passed by Congress and
| approVeuo y the President on the . round of the
" general welfare is utterly denied. The truth is
1t was the einsion of generous and simpa lhetir
feeiing, INDUCED by Congress and tie President
without any constitutional objection whatever be-
Ing raised as TAR as l Informed Can it be seri-
Ously believed tor a moment that Mr. AI.,,;o,
uhder whose administration the passed and who
IN MS oihcia Character approved the same, u ould
nave given this measure his sanction, If the pow er
to passit had been claimed by its advocates ON the
ground oil the general elfare." He, who had
been so SIGNALS distinguished as the Author of the.
Report OF 1893, and the number of the FedrraIis,
before alluded to, could not SO readily have forgot
ten his iormer opinions But admitting this 10 be
o'herwise' Is there not a striking poverty in the
argument which, claiming particular Interpretation
oil the constitution as settled by precedent is enabled
only 70 furnish striking example in support of 1t
IN the long course OF lime which the American
government has been IN operation, an act too linn
lted In It's Influence, and hose object was as little
hKeiy 10 tempt ambition, To enlarge its powers a.
any other that can be magned; and passed under
circumstances 10 rob II OF all claims to be regarded
as precedent! precedent ia legislation as W ell
as III Judiciu proceedings, only he considers ed
as such, alter the act which he cloathed with
such sanctity Oh character, has undergone a grave
and iuii discussion, and been solemnly decided upon
the very principle which the precedent is consider
ell as establishing.
But 1t Is said that there are further examples oil
legislation upon this principle of the general welfare
To be found In the laws % for restoring cantured
Africans to the homes from which thew have been
torn, and for the suppression of the Slav.-rade 5,
ohe cotid indeed have supposed, that the deep in
terest and kind feelings which Opiinius seems "a
nave ihdused Tor our whole colOured population
would have presented him with better views upon
ms subject, and that no zeal, however excessive
Tor The establishment of favoriIe theory woulJ
nave betrayed him into the unpardonable error OF
placing these acts upon any other ground than The
Wen known power OF Congress to" Prevent The
migration, or importation OF such persons as snv nj
the states might think proper to admit until Ifte,
the year lSOS and the power OF regulating The
foreign commerce of tie country
The two remaining examples of this ,vr;,er orr
! II possible still more unhappy. The firs, is the
recent act OF Congress to provide the necessary sur
Veys, &c preparatory 10 a system of internal inn
provement and the other 50 the late act of grateful
munhcence 10 the venerable La Fayelte'' And
mere permit me TO remark, that while deny to Con
gfe'S 'he power which 1t has claimed and asserted
oil executing an extensive system ofnternal mnrove
ment by means OF roads and canals il is s,,hi 40,
oil no little surprze, that Opimius with all the adj
lantaSes OF residence, and doubt no, of person i
Intercourse with the advocates OF rha, policy shoIId
have gravey affirmed that this measure too 60
adopted on the ground OF The general welfare onI
ri"s ne so soon forgotten the nice aad varied crit
cisnls, which the debate upon that subject gave rio,
10 upon certain words in the Constitution 2, -
the power 40 establish post Offices aud post road
was construed by Mr. Clay and others TO roea,, c,
sfrhct post Offices and post roads, Has he also for
gotten That other provision OF the Constitution b;b
aulhorlses Congress " to regulate commerce amooo
Tue seVeraI States, winch In an equally strang man
. w. s rtte1h x,k ~ IL
tIemen, 10 mean facilitate commerce amon, rho
several States. But above all, let him recoli 90,
mat Mr.. Clay who was certainly the chamnion !,
that discussion, expressly discaimed the ebt IN
pass tie bill on any other ground lh-n those atove
alluded to and IS reported to have used tIese mem
oraoie words that " ii the power could be traced
10 no more Legitimate source than that of ammo
pTiailng The pubic treasure, lie yielded the oues
| tlon And 1t Is furthermore believed that Mr.
McDufhe wassthe only gentleman in the whole de-
O'te VINO drew TO his aid this sweeping doctrine nj
the general welfare at the Same time tba, lac ia
| common with the other aKlvocates OF the nessp,e
contended Tor the pc" eT under the clauses of The
Constitution before TecIted But the authority of
Mr.. Monroe may perhaps be quoted upou me II
so, have only To say, that believe his best friends
would take Dut little pleasure in referring 10 his opin
ions upon this subject, which from The freonar,
changes they have undergone, may not now be con-
sIdered as finally settled.
Inc next and last example, is " tie act Of crate
ui muhiheence to the illusIrous La Fay etc. " hicl
- ven SHOWN mat Congress Ia order o avoid all
CONSTITUTE Ional dItculty, placed expressly upon Tho
ground, oil compensation Tor services rendered a.
VIII appear By reference both 10 the tile and the
body OF tie act. But this too, in mos, sineul,r
manner has escaped the dscerlment of Ooi,,ns /.
ana Tor which, an intelligent aid candid public would
nod MN responsible, If he had not told US at The
beginning, that the business of " conttovers0 v,s
! as foreign 10 his disposition "a !, Co. - 80