Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-03-08
ertainly had been concE led in particular cases,

certainly had been concl Jed in particular cases,
as incidental to powersnpressly given
Mr.. Dade thought that Ills resolution follow
ed as natural consequently from the second.
That Congress had the power to cut road or
canal in time Of war, was notdenied; but as it
was an incident to the war-rnaking power, it
commenced, and ended, with the war.
After few remarks from Mr.. Clopton,
Mr. C.. Johnson then moved to amend the |
third resolution so as read, that Congress had
not power to appropriate money, "with view
to such general system of internal improve
nent." He had voted for the ID resolution,
and with this modification would vote for this.
He entered into an argument to show that this
resolution denied to Congress the power to ap-
ply money TO the construction Of road or ca
nal in State for any purpose or under any cir
cumstances whatever; and commended thai the
power was an incident Of the war power when
the road was necessary in waging war; Con.
gress had also the power to make post roads,
ana keep them in repair. 1t was not proper to
deny these powers, whilst it was proper to de-
ny the power Of entering into general system
of internal improvement.
Mr. Dade supported this amendment, and
Mr.. Carter called for the ayes and noes, which
were taken as follows: Ayes, Messrs. Holt,
(Speaker) Ch. Johnson, Brown, Dade, Fry,
Morgan, Sharpe, Cabell, Martin, and Jones,
10 Noes, Messrs W. Johnson, Goodwin,
Cloplon, Allen, Ruffin, Wyatt, McCarty, Thorn,
Page, Armistead, and Carter, |. After the
vote had been announced, MIR. Page remarked
that ne had voted under mistaken impress
sion, and moved to be permitted 10 change his
vote The question was taken, and the per-
mission granted without objection. Mr.. Page
then voted in the affirmative, which made the
vote ayes |, noes 10. So that the amendment
was adopted Messrs McCary and Thorn
both expressed willingness to change their
votes. Mr.. Carter remarked that the vote had
been deliberate one, and he saw no reason for
permitting those gentlemen to change their
votes; they alleged no misapprehension of the
question.
The question recurring on the adoption OF
the 3rd resolution as amended Mr.. Morgan
read the title of an act for the construction Of
the Cumberland road, and said that several
acts of Congress had been passed on the SUBJ
iect of that road that Virginia had given her
consent TO it by law; had approved OF Mr. Jei-
ferson's conduct generally, under whose admin
istralion the first act was passed He did not
think that the legislature were sent here TO ex-
press abstract opinions; and said the resolu-
tons were altogether superei ogatory.
The 3rd resolution as amended was then
adopted IS 10 g. Mcssrs. McCarty, Page, Fry,
Thorn, Morgan and Sharpe, only voting in the
negative.
Mr.. {. Johnson thinking from the debate
that there was no material difference of opinion
between the friends Of the first resolution and
himself, and with the view Of avowing his in
depreciation Of that resolution, offered the fol-
lowing as an amendment TO be added to the
preamble:
"The power Of Congress to lay and collect
| taxes, duties, imposis and excuses, for the pur-
pose Of paying the debts and providing for the
common defence and general welfare of the U.
States being expressly granted by the consti,u-
ton, is not questioned, by the General Assem-
bly, but that in the exercise of this power, the
Congress OF tine United States is limited in the
| objects to which the money raised under it is
to be applied, is as unGeniabe as the PROPOSE
ton that the constitution itself is limited 60
vernment Of powers; and il is held equally
clear, that Congress cannot raise any money to
be applied TO any other purpose than that of
carrying into effect, the powers expressly grant
ed, anc those incident thereto.
"That in levying and collecting taxes, duties,
imposts and excuses, 10 raise money for these
purposes, the Congress may SO discriminate "a
mong the subjects Of taxation, as TO protect and
encourage those manufactures which the gene.
raj welfare requires to be fostered, is propo-
sition which the General Assembly means not
to question. But, as it cannot be doubted, that
the only Legitimate purpose Of such disorimi-
nation, is the general welfare, so it is not less
manifest, that whenever its real object, or es-
sentiaI operation, is TO tax the labor Of one part
of the United States, in order 10 advance the
prosperity Of another, the object and the effect
are alike reprobated by the principles of natu-
raj justice and the spirit of the constitution.
"The General Assembly, regarding the late
acts of Congress regulating the tariff of duties,
as operating directly to advance the interests
of one part O. the Union, already too much ia
vored, at the expense of another already too
much burthened, do not hesitate to declare the
measure perversiop Of the legitimate powers
Of the government, partial, unjust and oppres-
sive."
Mr.. Wyatt wished time to consider Of the a.
mendment, and moved to lay the whole subject
on the table until to-day. This motion was op-
posed by Messrs. Dade and Allen, who said the
same proposition had been once rejected, and
they saw no new reason for adopting it now -
r, I tive motion 10 Law on the table prevailed.