Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-02-16


be enumerated, is it not rresumable, that IT has il
MOI in any instance; and tie Constitution is to
decide what powers appertan TO Congress, and
not Congress on those which belong to the Con-
stitution: This view is confirmed by the fact,
tlat the first question which arises after money Is
ralsed, is, whether ,bc object TO which 1t Is 10 be
appropriated, is within the enumerated powers Of
Congress, or not. If not-an appropriation of it
would be fraudulent And the subject is made clearer
still by that part Of The Constitution which says:
- No money shall be drawn from the treasury, ex-
cep; by appropriation by law" Now, this law |
to be eiIcciual, must be Constitutional, and TO be
Constitutional, i, must bring the object OF the APP
preparation, within the enumerated powers OF Con-
grcss, or it is iPso facto void.
II ia. also, good principle of construction, ap-
plicable 10 this subject, that, &c In the construction
oil ore part at an instrument, every other part
ought To lie taken into consideration, and cons,ri-
CD, so that the whole may stand" Ii viii require
argument TO prove II the part In question, l.
conslru, in the liberal manner con,endcd for, that
other paris must either fell beneath that dsci elton
which is the lac of fyr0nts,' or be swallowed
up. Gf may so speak,) by this great POld'cdl
Ler;0than Of potcer.
l, NAV, also, he laid down a. good principle
OF construction, teains on The general word, so
frequently reiterated that the general words in one
clause, may be restrained by the particular words
OF said clause, Of succeeding clause, or clauses
Here the general words restrained by an APP
plication of them TO particular words, conveying
particular powers, az | vii! proceed TO show. In
tho Is, clause OF the S,h section OF the fst article
of The Constitution of the United States, you may
, find " common defence and general welfare" used
"a general preliminary words oil 4 particular emu
mera,ion OF powers, ard not as substantive, mde--
! endent words; and, believe, with one OF the or
naments of the Virginia beach, ;hat they only pro-
( pose an end, and tina, tie succeeding enumeration
Of express powers prescrbes the means o attaining
= it. am the confirmed in this oi-.nion, when
= l recoect, that the general words followed
Immediately, by recital ofpart;cuar powers, some
of which have relation 20 Tie common defence
Others, 10 the general ,refure-and all arelation
either directly, Indirectly to the general good.
And here, ak with lie Fcderalist, Number,
lorty -onr,) for what purpose, could the particular
alton OF powers I've inserted if these, and all
others, intended To be included in the preced-
4 ing general powcr' An apprehension was express
ed By some of the States, when tl,ey adopted the
Constitution, that construction might be given to
: II, which would dispaTase certain rights, and
"A amendments were made, may be seen by articles
: 9th and 10Th Amendments, giving additional pro-
" lection TO Tie States and people, respectively,
c against the encroat hments o! the general govern
II n!ent
4 Tie section prescribing the particular powers oil
= Congress, concludes with the following deduction
h 4" Ard (r.eaning Congress) TO make all laws which
IA sh,ll be necessary and proper for carrying into eft
= feet the foregoing powers" Some OF the advo-
;, Gates OF Internal Improvement, have even seized on
this pat of the Constitution, 10 prove the existence
}, Of he power, which clause is, obviously, nothing
more, than inference from the preceding grants
e of power. This power would have existed, oil
necessity, by implication, necessary for carry
ii in delegated powers into effect, even had 1t not
O been expressly Inserted; which is argument tC
ID show that ii imports no power 10 Congress
= but his needs 10 argument they who will only
/! pause mo.,ea, and peruse the clause, will per
ce:ve, that i, relates exclusively powers already
granted, md contains inherent, original, power
e Permit to cali your attention 10 another view
e of this subject. 1t will he admitted that al power
e prcrio'S 20 the adoption of tie Constitution, be
lonsed 10 the States, it you please 10 the peo-
pie Of he STATES; hence it may be asserted thai a!
pc power, originally flowed from the Siates-lhat al
il concessions OF power to the general government
ii are only exceptions this general principle; thai
e, no exceptions made but those expressly emu
, merate5l and that none enumerated, excep,
J. good ard sufficient reasons assigned for them
10 Now, seriously ask. if is to he presumed, thai
N power vast and important, that con,ended
l. for, would have been left 10 slight implication
when others, lar less important are expressly emu
lie meraied' Can you believe, for one moment, tina
lie The States would, by their act, have created
2, government, with power TO deprive them o.
l. any, the least portion of ,heir sovereignty, by
h equivoca1 construction
lie Bat it is contended That appropriation o
ID money for internal improvements, would be con-
ID sIiutonal, provided, the State in which it 70
d be expended, should grant its consent 10 the
e ton OF such works. | admit, tina, there are some
ID Instances, where Congress cannot act without The
!, consent of State; and others, where State
= cannot act without the consent of Congress; con-
IF sent, in such cases. is i'll the nature OF condition
= precedent, which must be performed before power
" can vest. You perceive, there is as necessary
re connexion between them, there is between
= cause and effect; but oil such cases expressly
e, designated in the constitutions; this is not one oil
!, them. If the consent of State were necessary,
Is Congress might do in one State what could not
er do in another. | fully persuaded, that, the
g power possessed by Congress, is original, and can
m be exercised, not only, tcithoW the consent Of
o state, but in direct opposition to it If not pos
e sessed, original power, by Congress, the as
y sent OF state cannot innpart powers, which do
= not appertan TO the grant. To admit this, would
n be giving existence to an incident, never contem-
plated by the Constitution, and be making that in
e cdent, paramount in force to IFS pincipa--whicl
y is a solecsm. IT. is uged in the speech of Mr.
- M'DufhP,s the power OF making Internal Improve.
ments, is dervable from that part of the Consttu-
!, ton which gives Congress The power TO provide
- for the common defence and general welfare, %
n does he not virtually give up the argument, when
in another part of the speech we find the po-
. sition, that the consent Of State is necessary,
before the power in question be cons,ituonaIly
: exercised? What! Can il be consistently contend
cd, after taking the broad ground, that Congress
n has power 10 provide for the common defence and
general tctiTe," that the consent of petty state
is necessary to bring this grand power into action
really think it unfortunate, that they who profess
TO derive the right from these words, should even
admit, much less contend, that the consent of a
state must be obtained, before this power can be
J exercised.
A M IN M m he 10