Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-03-31

general welfare of the u. States; if the power to
regulate commerce with foreign nations and among
the vera States and with the Indian tribes; TO fix
the standard of weights and measures; 10 establish
post offices and post roads; TO declare war; to raise
and support armies; to provide and maintain ma
Wy; to dispose of and make all needfnl rules ana
regulations respecting the territory other proper
~ belonging to the United States and to make all
laws which shall be necessary and proper tor carry
| ing these powers into execution: Nthese powers,
and others enumerated in the Constitution, may be
efectually brought into action by laws promoting
the improvement Of Agriculture, Commerce and
Mar ufaciures, the cultivation and encouragement
of the Mechanic and of the elegant Arts, the adj
vancement of Literature, and the progress OF the
Sciences, ornamental and profound,-t to refrain
from exercising them for the benefit oil the People
themselves, would be to hide in the earth the ia
lent committed TO our charse-would be Ieachery
10 the most sacred of trusts
! The construction contained in the foregoing quo
tation, the writer conceives, TO be made orer, and
not under, the Constitution OF the u. >. ;. because,
it disregards two rules, not only universally APP
| piled TO the constructions of all written instru-
mcnts but are, in substance, expressly recognized
in the constitution itself The one is, hat all written
instruments ought be construed, that every part
shall be efectual, when there is direct contra
diction in the several parts themselves. The other
is, that the expression of one thing, shall be deem
.
are, in substance. expressly recognized in the con-
/ stiiuion in the following words:
The enumeration, in the constitution, OF GER
! tain rights shall not be construed TO deny dis
parage others, retained by the people"
The powers, not delegated TO the u. States
by this constitution, nor prohibited by il to the
states, are reserved 10 the states respectively, or
to the people,
The President in his construction supercedes
both OF these rules. This is DONE by the contri-
vance OF matchmaking certain specified powers,
taken from the constitution, and proposing by their
influence, Z" to bring into action" all government
tai powers whatever, through law So to be made
Tor the improv ement of all conceivable govern
| mental objects BY this subtle contrivance, the
President escapes from the responsibility for de-
auctions, which he must be conscious, could not
be made from his premises. Such construction
must supercede the constitution ITSELF because after
reciiIng the foregoing specifications, instead of
applying the rule that the expression of these spe-
cihcaiions, is TIE exclusion of all Others the Pre-
sident makes the expression The 60 inclusion Of all
others, in direct violation Of the rule laid down in
the constitution itself, ard thus applies his con-
! structve powers, orer, and not aader the consti-
tuition. The President also avais himself of the
Indignation OF these specifications, to destroy the
efficacy of each particular specification; and thus
to ceieSt the very end for which each specification
was introduced into the constitution An exam
/, pie OF each OF these will be given From
the powers to "exercise exclusive legislation in all
cases whatsoever over the District OF Columbia
and the power TO dispose Of, and make all need
ul rules and regulations respecting the territory or
other property belonging 10 the u S." when ANAL
samated with other powers, the President ipfers
powers, to exercise exclusive legislation In all ca
ses whatever, orer the achole Y. S. as well as
over the particular District Of Columbia; where
as according TO the just and universal rule of in
depreciation, as well as according to the provisions
oithe constitution, expressly giving the power of
exclusive legislation over the d. OF Columbia. ex
GUIDES all preteXt OF intention give exclusive
Jurisdiction, orer all other districts toithia the u
.. The same conclusion will inevitably resul,
from The power to make all needful rules & requa-
uons over the territories. The other universal rule
OF Interpretation is violated by deductions from
the following express power" To lay and colIec,
taxes duties, imposts and excuses, TO pay the debts
and provide for the common defence, and general
welfare of the u So From this power. arnalqa~
mated with others, the President inlers that Tho
terms common defence, and general welfare of TIE
| u. . include all powers; then why specify the
other powers! For, if The rule, that every par ne
every written instrument is 10 be made ovaiI,tIs
De JUS, one, The President extends this interprea
ton orer the constitution by reversing the rule ey-
pressly recognized by it. The writer does mo, mr.
! pose 20 enter again into the examination of ,h;
great but hackneyed subjec, larse he will howe
yer, make one suggestion in relation 10 it, which
he thinks, has been hitherto, too little rega,d,d j.;
ITS interpretation. In commenting upon this ctspso
generally. it is usually read in the abstract Iea,in
/ out its application; but there is an EXPRESS anil;
| cation In The provision itself. Thus the ,ertns
" common defence, and general wclfare,, ara Ala
| only words read, or comment Ell upon. ard e,erv
| commentator thinks himself at liberty 70 ,raLs
the application of them, which best suits In.
own objects, whereas the constitution rnaIros ;,o
own express application of these terms. This
consideration seems be almost universally disc
sarded, when, the writer thinks the omitted words
furnish the best test OF the meaning of the vboIo
| provision. These words are " the II. S ,, The
| clause should read: The Congress shall hav. nov
Ell 10 lay and collect taxes, and pay the debts
| to provide Tor the common defence and pene,aI
welfare Of the u. s. These words contain H.
| express and only application, to which the granted
| power was intended to extend. In the plain ond
obvious meaning of this application, will be fond
restriction, and not an enlargement of the grant
ed power and exhibits one of the strongest fedora
tive features in the constitution. II goes to prove
that the OBJECTS OF the constitution, are 0e1eroy
and not local 1t also proves that this generality
applies to the people, not in a consolidated cb.,
racter as one and tndiDiSibie people of the u s.
out IN iederaiiVe character, as being several peo
PIE previously associated in seueral states. This
common defence, and welfare, applicable, ae
eorhg 10 the constitution, 10 the people of the IT,
81, IN their state character TO the seperoI sfotes
ana not 10 the people OF the U. S. In this plain
and obvious meaning of the constitution the ,yo,ds
provide for the common defence and asnaraI
welfare Of the United States,'' so far from noi.'
ding the power to make internal irnprovem en,s sx-
clude that power; because that power /. loci :.
character. extending nvor H..