Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-06-12
V COMMUNICATED.
THE Law AND THE PROPHETS


THE Law AND THE PROPHETS
The power of appropriating money has beer
strangely enlarged of late years. We seem &c
!have forgotten all the prudent and correct doc
irines, which belong to the Federal Constitution
How is this? 1t is because the same process i.
taking place in this gov ernment az in others which
nave preceded It. Some seeming necessity, some
strong public feeling, some temporary advantage
induce the exercise of particular power: and thi:
very case becomes the foundation of more extend
ed encroachments. What is precedent to day, be-
comes principle Tomorrow. rbe relief of the suf-
ieEers by the Earthquake at Caracas has been
quoted over and over again, to justify gen
eral power of appropriation Thus i, is, that gov
ernments are betrayed by good feelings and s.duc-
tive interests tito the mos, signal abuses. They
slide from their original principles " down the in
ciined plane OF precedent" into the erossest usur-
paiions.
1t was act always thus in the earlier eras of
our own government. have now before me the
proceeding of Congress In the last session OF Gen
Washington's Administration. That pure man had
recommended for the last time the institution of a
National University. a Committee was az pointed
To consider the proposition. The word appropriate
tom appeared in their Report-They proposed to
appropriate about twenty acres of land for the
ton ofdhe building. The great feature of the
scheme, however, was merely TO incorporate and
authorize trustees TO receive pecurid,y donations,
IN AID OF the donations already given. Messrs.
Livingston, Nicholas, and others, opposed even
such a form of National University. Mr. Brent
was willing To incorporate the University az
district, but not as national Institution. He
was willing that it should receive donations from
private individuals but he had no idea of support
Ing 1t out of the national funds. a. He should OBJ
Ject 10 that on constitutional principles he " as
OF opinion, that imposing revenus for such
purpose, would be unconstitutional and arr ogat-
ing right which they Gid rot possess" IL the
shape even In which 1t presented itself to the House.
the Report OF the Committee was nesa,ivsi by a
large majority. Il was subsequently postponed, BY
10 90 and II was never brought up again during
the session.
But much stronger case during the same ses :
sion, was one which appealed powerfully to the
sensibiiiies OF the people and their Representa-
uves. -Four h.ths OF the town of Savannah'iad
been reduced to ashes; and Mr. VIM. Smith OF
Charleston moved in the House OF Represent ali v es
tina; ga sum ought to be granted the relief of
the sufferers" This proposition called forth great
deal OF argument. The mos, pathetic appeals were
made 10 he feelings of the members. But the ap.
proprisiion was resisted the grounds both OF ex.
pediency aud consiiutionaliiy.
Mr. Macon called upon " gentlemen to put
tber hnger upon that paIt of the constitution
which gave that house power TO afford them res
lief"
Mr.. .4ndre;o Moore (of Rockbridse. in this
state) said . that it was not constitutional for
thom TO afford relief from the treasury; that il,
however the principle adopted, 1t should be
general; that every sufferer had an equal claim;
tia, Lexington in Virginia contained only one
hundred houses. and all ex cept TWO had been des
troy ed by ire; ne should therefore move TO add
Lexington 10 Savannah in the resolution before
them; though he would observe, as he did not ap~
prove OF the principle, he should vote against
them both.''
Mr. Gales said: Sc The authority of that house
was specified. beyond which they ought not to go:
this was principle not within the constitution,
but opposed to it. There had, he said, been ne.
VeTal cases Introduced That of the sufferers
oil IT. Domingo was not case IN point They
looked for reimbursement of the money: he
believed II had beea repaid; and when the ciaugh
tiers OF the Count de Grasse had $1,000 given
them, II WAS thought to De necessary 10 introduce
their fathers services as q consideration His
feelings were not less alive TO The calls of huna-
nifty than those OF other gentlemen; but by granting
The money required, they should go beyond their
powers, and do more real injury than good"
On taking the question, the resolution to appro-
PIRATE was rejected by So votes to 24In that stage
OF our kepubhc, 80 strong objection was en-.
tertained 10 the appropriation OF money to such
q purpose. Yet, during the last session, the
feelings OF Congress were 90 highly wrought uD
by the sight OF the ashes of Alexandria as to
prompt hem 10 appropriate money for the relief
OF her sufferers thus forgetting, as I think, the
true Princplee, of the Federal Constitution, and
establishing precedent which is calculated 10
introduce mere alarming encroachments
ONE OF THE OLD SCHOOL.