Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-12-29


trine Of the general welfare, is denoune-
ed by some politicians as dangerous
and unde6ned-while it is resorted to
by others, as the general carte blanche,
to be filled out by construction, as the
emergency Of the country, or caprice
Of demagogues, shall determine. It's
said ON one hand, that these terms are
inserted as mere surplusage, to garnish
the periods of the constitution, and in
struct congress, that the powers more
specifically granted, are not to be ex-
ercised for mischievous purposes. II
is said on the other, that they were in
tended to "open wide breach for ruins
wastrful entrance" to engulph the So
vereign,y of the States in one general
and boundless vortex Of federal usur-
patton. Truth will be found here, as
every where else, between extremes
Without narrowing this doctrine, so
as to mean nothing, or enlarging it, so
as 10 mean every thing, we believe Its
application 10 the circumstances OF our
country, to be orthodox, salutary, and
essential. 1t is impossible for the Wis
dom of man, to foresre events. His
experience may trace the connection
between causes and their consequences,
and infer many future results, from the
past. The trainers of our constitution
could not explore fuyurity, and desig-
nate each particular danger, as it should
occur in the progress of our institu-
tons, from infancy TO maturity, from
maturity to decline-but they did fore
see that thousand dangers, were with
in the range of events, and therefore
we find these vague and general terms
in the instrument. Ii is in vain and
chimerical to believe that any moral
institution can long exist, without a
greater or less latitude Of discretion in
adapting its means to the attainment
of necessary and unforeseen ends. The
existence of the American Union de-
ponds upon the existence and prosperl-
ty Of the several States which compose
il. There are many causes, besides
those enumerated in the Constitution,
which might endanger the safety, nay,
thu existence Of an Individual State,
while the means under the controul
of the States separately, would be
totally inadequate to their removal
1t is admitted, that the objects of Mr.
Kings resolution, are necessary and
proper-that thew are polite and hu-
mane-it is manifest that they are be-
yond the scope Of the government oil
Virginia. Here then is case, truly
anomalous. A State is writhing under
the pressure of the severest evil-for
which it can provide no remedy within
i,self-this State is a member Of a
confederation, endowed by the Charter
of its creation, with powers, ard charg-
ed with obligations, to secure the COM
mon weJare Of its constituent parts,
vet no relief Can be administered. 1t
may be asked, for what was government
ordained? Was it not to remove the
evils and perpetuate the blessings Of
human society? If that construction
prevails, which denies 10 words their
obvious import, then our chartered
rights and written constit utions, may
serve TO adorm the parchment which
contains them, and 10 animate the re-
veries Of speculative philosophy, while
they are dead letters, to all useful in
tents and practical purposes We de-
ny that Congress have power to erect
highways, to establish Universities, or
to legislate on any other subject not
committed to their control by the terms
of the constitution. We can di,t:n-
guish between the general and particu-
lar welfare Of the S,ates-we can per-
ceive the strong lines Of discrimina.
ton, between federal and state au,hori-
ties. Necessity, that universal Law
giver, has prescribed the limits to each,
with a fitness and excellence which
will forever restrain the respective gov
ernments to their proper spheres
Why was the power TO levy war, con-
ferred upon the general government ?
simply because it could not be exer-
cised by the. individual States. 1t is
true that this power, has been giant
ed in express words, because it was
foreseen that its exercise would be
come necessary and unavoidable. 1t
is equally true, that the power TO
colonize free negroes, has not been
granted in express words-5ecause
it was not forcseen that its exercise
would become necessary. The States
have reserved to themselves, all pow
ers "nol delegated to Congress-
but the States have in express words,
delegated to Congress, the power and
duty to provide for the general welfare.
1t is lime that we should enquire, what
this general welfare is? Is it any mea-
sure of doubtful expediency, which
may be effected by Congress or the
State Legislatures at pleasure?-No.
Is it any measure, which from the ma
,ure and necessity Of things, must be
adopted by the exclusive authorities of