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

any official act, sought to establish this doctrine
There is, however, a sill further authority upon
this subject, winch must ask permission to pre-
sent TO the public although am sensible it will
not be very acceptable Opmius. or any of the
disciples of the School 10 which he belongs And if
1t should bring with it, any ukind remncscenres in
relation to the overthrow the Reign of Terror -
he ought to recolec, that similar usurpations at this
day, would mos, probab, end in a like catastrophe
The authority which allude il lie Report made
to the Virginia Legislature, by committee OF that
body in 1893, upon the subject Of the then federal
usurpations and known also to be tue ork of
Mr. Madison. In this celebrated slate pa per, which
has been Justly considered the richest offering which
genius, and patriotism, gave an adniring
country, Opin,ius may learn if lie chooses the true
construction OF the Constitution Of his country
and from which. must be INDUCED in making the
following extracts " Whether the phrases in CUES
ton, meaning the words 10 provide for the COM
mon deeace and general wallare'') he construed
To authoris's every measure relating the common
defence general welfare, contended by some :;
or every measure only in which there might be an
application of money suggested by the caution
OF others, the effect must substantially be the saine
in destroying the import and force of the phrases in
the Constitution. Fort is evident that there is not
a single power whatever, which may not have some
reference to IN; common delcnce and general wei
fare +; nor power of any magnitude, which in il,
| exercise, does not involve admit an application
VI nOurJ. he government therefore w!lcn pos
sesses power in either one or other, of these ex-
tents, is government without the limitations form
ed bv particular enumeration OF powers and con-
sequently the meaning and effect of this particular
enumeration, is destroyed By the exposition given
to these general phrases 1.-The true and fair
construction OF this expression both in the original
and existing federal compacts appears TO the com
mittee too obvious to be mistaken. In both, the
Congress is authorised 10 provide money for the
common defence and general welfare. In both, is
suoJoined to this authority enumeration of the
cases, to which their lower shall AK end Money
canno' lie applied TO the general welfare, otherwise
than by an application of it TO some particular
measure conclusive to the general welfare. When
ever therefore money has been applied to particu-
lar measure, question ARISES. whether the particu-
lar measure, be within the enumerated authorities
vested in Congress. If il be, the money requisite
for IT, may be applied to it il it be not, no such
| application can be made. This fair and obvious
Interpretation comedies with, and Is enforced by the
Clause IN the Constitution which declares that - No
money shall De drGtUn from tie Treasury but an
consequence Of appropriations by tiic." An APP
preparation OF money 10 the general welfare would
be deemed rather mockery than an Observance of
this cons'itui ional Injunction
| And alter shelving that different exposition of
those phrases, would inevitably transform our fede-
raj compact into great consolidated government:
the committee further say - That the obvious ten
dency and inevitable result of consolidation would
be, to transform the Republican system of the u.
>. into monrchy, is point which seems to have
been sufficiently decided by the general sentiment
| OF America
Here then, Ia an exposition of those phrases in the
Constitution, so full and perspicuous, obviate
all necessity my part, to offer any analysis of
my own. But | should do injustice to my own
feelings, II did not call the attention of Opimius
TO recent DiSquisitio1 in the Enquirer in relation
TO this very subject of general welfare'' which
most fortunately made its appearance in the same
paper, that contained Opimus's first number there
by Offering the antidoe. the same moment that
the " poisoned chace'' was presented.
Let me remind him also, that the foreg ding ex-
tracts do not exhibit their authors construction
OF the Constitution merely but that it was to this
construction, that large majority OF the American
people subscribed, when by the " Civil REVOLUTION
OF 1901 they sDaicbed the violse ed charter of their
liberties from the hands of usurpa,ion and power
i Having thus sbewn, as tits believed, that no such
4 power exists in the Federal Constitution as Opim-
us has imagined; let examine the different exam
pies which he has unluckily adduced to sheyy
that g every administration from the first to the
LAST Ind sustained this doctrine And here permit
me TO offer one or two general observations, to
enable us understand with precision each parti-
cuiar example relied on. II will be readily admit
ted, presume, that If any of the in question:
can be shewn TO have been based upon any of the
enumerated potCers of the Constitutions or those
tirly 10 be implied from them, that they are not in
that case, to be regarded examples of legislation
upon The ground of The general welfare merely.
And likewise, presume, there will be az little difh-
cuity 10 admitting, tha any however clear
~ II NAV promote The general welfare, yet ii it is
Obviously based upon an enumerated power, will
be regarded claiming its validity from such EMU
meraied power Because there is not an enumerat-
Ell power IN the whole Instrument, the exercise of
hIch, * not intended 10 affect the general well
fare These are M a
by the argumeat OF Opimius, so far as he claims
those terms in the Constitution as an independent
SQUIRE OF power.
Let Us then examine the cases of tie purchase of
Loulslans and the ForIdas. had supposed tina, it
was well krown 10 every politician !lat those ac-
cushions had been made under that provision of
the constitution which authorses Congress to adj
mi new states into he Union;' and by some of
Their advocates, they were grounded the treaty.
making power But the true ground, is The power
to admit new states; which being ger eral and
Unrestricted grant OF power, applies equally TO
states TO be formed out of the territory held by the
u. $. at the time of adopting the Federal Cons,i-
tuition other countries living beyond those limits
And it territory be acquired with the fair and bona
fide purpose of its admission into the Union after
suitable period of probation; hold il % be strictly
constitutional and proper. The acquisition and
subsequent occupation of the proposed state in the
character OF territory, being in almost every case
necessary pfe-IequisHe 10 us admission into the
/ Union as an Independent state. Congress is bound
under the Constitution, TO guarantee every state
! In the Union, a republican form of government.
Suppose, for example, Immediately upon the treaty
OF cession, Louisiana had been iaken into the Fed
eral Union; what would have been the form Of her
/ local government? Certainly not republican. But
a miserable despoism under the petty tyranny of
her Vice-Roy. Hence, both the acquisition and
the occupation of it territory, until suitable
government could be formed, was " necessary and
proper" to Its admission into the Union, in the