Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-11-22

HANCOCK.
| The Po,cers of Congress.-Upder new adj
min straiion, such the present, where not only
| the head but the members of the body are almost
entirely changed, it is not surprising that public at
tention should be more than usually turned to the
! General Government, at the moment when the
Legislature OF the Nation is about to assemble
When il is further considered that the citizen who
fills the Executive Chair is the first President who
has grotpn 1ip under this Constitution-the hrst,
indeed OF tine line oil Presidents who did not, previ-
Gus to its adoption, himself take active part
| either for or against tive see at once the reason
why, in various parts of our country, the nature and
extent OF the pow ers of Congress have become the
subject of SO much closer scrutiny than they are
USUALLY subjected to. Even our brethren OF New
England have at length conference.-the look into
the doings OF government which, with a lew ex-
cep,ions they have hitherto been too much in the
habit Of considering foreign to them. The article
| which we copy to-day from Boston Journal, In
| proof of this, emana,es, we have no doubt, from
I the mad OF one of those who, like the President,
have grown up under the Constitution, ana, regard
ing the established order OF things rather than
as an experiment Of doubtful issue, seriously devote
attention study of its real qualities, anu become
attached TO it in proportion they are perceiv ed
I and understood. We have copied the article not
merely as a courtesy due in return Tor an unmerted
compliment TO outscv e., but because also we pro-
pose to make il the subject OF Few remarks
| FIRST, then, g Hancock" mistakes us altogether
when he says that tre justify the interference oil the
Federal Government in Internal Improvements on
the ground that the effect will be 10 equslize in
degree the public expenditures. However that
| consideration might operate with u in determining
the erpedieRcy of such appropriations, 1t is OF no
weight in the consideration OF the power oil Con-
eress act the subject. We stated 1t as "a con-
| sidefation which we believed would have It's weight
on other, and particularly on those whose remote
ness from the seaboard has hitherto precluded them
from any direct participation in The benevolence oil
the General Government. IL is a consideration
which will, we have no doubt, have its imperceptl
bic weight, also, with many IN settling the prnci-
pie in their minds. For ourselves, however, hav-
ing doubt of the power of Congress in this par
ticuar, we do not drduce the power from its con-
sequence, - Hancock" seems to suppose, but
we do rejoice at the necessary consequence OF this
power. Whence the pow er is derived we have so
frequently had occasion TO shew, that shall not
here reiracc the argument Ii is sufficient TO say,
J we claim no power for Congress under " the plea
of expedicncy,'' and still less from 60 promise OF
| national grandeur
Hancock equally misunderstands us, when
ne says place the power of Congress to appro-
pirate money for Roads and Canals on the ground
hat majority of Congress has already decided
in favor of such appropriations. We sad that it
was probable the principle would be considered
settled by the successive decisions OF Congress-:
but il was settled in mind, old readers
well know, long before those decisions took place.
We are not certain howeV er had it been otherwise
that we should have disclaimed the imputed defer
ence TO repeated decisions of the question by Con
gress. a man may well suspect the soundness OF
his own conclusions, when he finds himself always
in amiuorty or when lie finds successive decisions,
by bodies chosen from amongst the People, any
particular point, against his own opinion. The
wsest and greatest linen have not been proud 10
bow before the tribunal of public opinion. Mr..
Madison, it is lrne was decidedly against the estab-
lishnent of system CT Internal Improvement but
he was not, that aware, opposed 10 appro-I
prialing money for that object, having whilst Pre-
sident, signed more than law appropriatins
money for The prosecution OF the greatest public
work Congress has ever undertaken TO provide
for. Mr.. NJ. was decidedly opposed, aIso every
one knows, the establishment of the old Bank OF
the United States. But even he, that pure and
conscientious statesman, yielded to the argument
osuccessive decisions, and general acquescence in
them and assigned those decisions for
the recommendation, in pursuance OF which the pre-
sent Bank of the United States established.
The views of MIR. Monroe have certainly been mis-
understood by" Hancock for he gave his sane
ton to The law of the last session, appropriaiing
money for the purchase of stock in the Chesapeake
and Delaware Canal, and 10 The still more decisive
act authorizing the general prosecution of Surveys,
Sc. with reference TO the construction of Roads
and Canals. Mr. Ms opinion on the point certainly
did change during his term OF Office; but III. is III
when he supposes that the late President has
LEFT us without a knowledge of the arguments by
which he convinced himself .the correctness OF
his more maured Judgment Those arguments are
embodied in Memoir, OF much ability and labor,
which ne prepared and transmitted 10 Congress.
Its great length excluded it from the periodicals.
generally, which is probably the reason why Fl. has
not met with it, He will find it in any file of Con-
gressiousl Documents.
We will not part with our friend at Boston,
without ss.ring him, that, however, we may diff
fer from him in regard the particular power of
Congress which he disputes we concur with him
entirely in mis- general objection 10 the derivation
Of powers from the clause respecting I" the general
welfare" We do not believe that Congress has the
power to do every thing which, in its opinion, the
general welfare may require. Congress has not the
power 10 establish Dictatorship, for example, al
though such act is not expressly forbidden. But
whilst we agree with him so far we cannot agree
with him that Congress exercise no pow er
which was not " contemp!atedby The People, when
ii adopted because that limitation would
restrict the power of Congress 10 things present 10
the public mind at the adoption of the Constitution,
and lake from it the power to adapt its legislation
TO the wants of the present and coming generations
Indeed the Constitution itself clearly denies this
limit TO the authority Of Congress, when il closes
the enumeration of granted powers by the clause of
power " to make all laws which shall be necessa-
ry and proper for carrying into execution the fore
going powers" &c. The words shall be, in this
clause; have The same meaning the words shall
become that clause is this day utterly without
meaning, being long ago JuHetus o6ietO. Sub
siitule the one reading for Tie other, and taking the
clause thus, H. will that measures will be very
a century hpncs that tynuId he hi oht