Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-02-28

bat in doing So shoald be under the necessity of
resorting to an authority. 10 which Caius Grac-
rhus would take but little pleasure in reierring
conten, myself, therefore, as he denies the right
of congress TO appropriate money 10 internal I'M
with quoting tor his edihcation, the
following instances of appropriation on this sub
iect under the administrations OF Mr. Jefferson and
Mr. Madison, viz $50 900 TO making road
from Cumberland to the Ohio g 900 TO road from
Nashville TO Natchcz; {, 400 TO road from A
thens in Georgia the 3lst degree of north lati-
tude; G. 900 to a road from the Mississippi to the
Ohio: s, 900 TO n road from Shawneetown to kas'
kaskia 10, 900 to repairing road between Co
lun,ba in Tennessee and Madisonville in Louisia-
ma and at different times upwards of S 900 900,
TO completing the Cumberland road. Whether
these appropriations were made under the authori-
ty ssto admit new states into the Union,'' =" TO
pi Divide the needlul rules for the government oil
territories " TO regulate commerce with foreign
nations,' Sc. or TO refrain until 1908, from pro-
hbitipg the migration or importation of certain
descriptions of persons" l will not undertake to
decide. am content, for my own part, TO consi-
DER them as many additional examples g OF the
uniform practice" of apiropriating money 10 'the
common defence and the general welfare" OF the
country.
Having thus shewn what has been the practice
of the government, it now remains TO demonstrate
the conformity OF that practice with the theory of
the constitution, and with the only fair and leSil-
mate rule OF construction that can be applied 10
| that siupenduus eIor, of wisdom and foresight.
The instrument in question contains In It's preamble,
clear and explicit designation OF the objects pro-
posed 10 be accomplished, and IN its body spec-
hcston equally clear aud explicit of the means by
which these objects be accomplished. AS
the one restricts the views, the other imposes a
! necessary limit on the operations OF the govern
ment. And although ia It's progress, it should be-
| come desirable 10 aim a, other objects than the
preamble authorises, 10 accomplish those objects
by other means than the constitution desIgna,es.
it do neither the one nor the other, without
first appealing the people for enlargement OF
! its powers. Whenever, therefore, measure Is
| proposed for the adoption OF any department OF
the government, the first question TO be asked in
relation TO it is, whether ii be calculated " TO form
more perfect union, TO establish justice, ensure
domestic tranquility, provide for the common de-
fence, promote the general welfare, or to secure
the blessing of liberty to- the people OF the Unit ed
States and their pos,er,y;' and should The ques-
ton be decided aiiirmatively in relation TO all or
any ofthese objects. the only remaining consde-
ration is, whether the means OF accomplishing it
can be found among the delegated powers of the
government, or among lie Incidental powers hav
ing proper relation to, and being, in the language
OF the constitution, necessary ana proper for
carrying into execution, the delegated powers. II
this cannot be done, the measure must, OF course,
be abandoned but if it can, the measure is fairly
within the purview OF the constitution, and all the
power and resources of the government may he
applied to its accomplishment.
Such then is the ruleH aud the only rale, by
which The various acts OF every administration can
be made 10 stand the of ihe rigid consti-
tuiioual scrutiny. And such is the rule which the
American Colonization Society, now asks, may
be applied to a measure, Intimately associated
with ''ilie domestic tranquility, the common de-
fence and the general welfare OF the country, as
any, which the human mind can coaceive or the
human heart desire. OPIMIUS.
The of tbs rule, and lis application The great
been uniformly aoquicsced ii OF opr,on Ia.
existed of e Incidental osrs that mgh he
posed TO resist, though the salvation Of the republic depnI
ed on a. is application te ii olProPaiiag power gov
things, lay aud collect taxes duties, impos, an excis.
topay the ieh and provide Tor the an gen
the oIvuu. import OF the terms used, denied power Of
applying tc proceeds If hose taxes, the very objects
Tor h"hthcy were intended unless through the itrieu
tally aud ri AID of is other 0fe& p5wes Ii TIN. be
correct Why may he asked the power IN question
oed auensi and a the very head OF The powers
why was not cit lsons the incdsHtaL necessary
and prope for executing the enumerated powers Or ali
events At, from abundant caution, deemed necessary To
designate Il, why not declared, terms, that Con
shall have lay aud collect taxes duties impo.
raul
deielce aa general welfare of the u ta,ep but ia
execute the following powers, c. The in the
report Of 49, Tor is extraordinary tbs claus. al
the constitution, as necessity Tor guarding the rights of indi
Vduais aud of The against oaCinen for H. in tn,
view the author OF the report, may its author
NY To aud collect taxes &c." apply The proce.d al
those take . calculated promote tle com
mon defence and general welfare may effect accompI
every purpose within ,e OF legislation, and
me Otett y! the uhscquent lis nower.
Ih rcasohns would he perfectly correct the power to
appropriate n"nty 10 object; dI after neccssay
Consequence, the power to accomplish that object. But the
power 70 aPpronriae aud the execute two DE-
'int ihinss The may be used in aid Of lie but
never violation of the right, either a u of indiy
ais The other, the cunlraIy may promoting tie
good, interfere with both the claims individuals and IN,
Jurisdiction OF the states The power arpropr,ate ou
Tor eSmpe 10 roads aud canals iui ed Simple ac, 81
appropriation But the power make roads mud canals womb
arthorse their location and protection either with or
wih1ut consent on the properly Of any Individual and
"Iin The Juibdictiou u So too, an stIoritv
I" ciea'e fund PROPOSED 10y MI King to aid in t.,e
emancipation aud removal Of such slaves may the laws Of
e :eSrr states, he authorised to be tiDaucpstrd AMI
ed could no: IN any possible mode interfere win the r, Ell
Their OF the states Of mdiyJuals Bu powtr to sne.
pate aud remove the slaves within the Limits of ,te won't,
ne most alarming power Of interference with both There j,
obviously therefore, god reason why The NTH,
OF TIE government should be specified defined while IN,
power OF appropriation should De limited ouy by The general
interests Of the county.
--------S-szzlSS <cZyyssya, Ig.,,-z-a------
From late English papers
The first Message of Mr.. Adams TO Congress
has arrived and will be found in this DAVIS psner