Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-02-17

A'""'e anu particular description OF Objects limit
cd and unimporiant in themselves, and the particu
Iarity of pointing out the means by which ;ura
diction over them should be obtained are sufficient
OF themselves TO preclude all inference that the
power 10 make internal improvements 20 vastly
more extensive and important in itself, was ever
INTENDED to be granted TO the General Gov ernmeat
ms conclusion is rendered still more irresistible.
when II IS observed, that no means are pointed
GUY ~ me constitution tor transferring to the Gen,
etai government the jurisdiction necessary for the
ehec'uation OF this substantive power This con-
cusion Is still further enforced BY the consicera
ton, that the term 90 internal improvements,, 4.
one In common and ordinary use that the term
" Canals and the term roads - are .impIe AMI
FAMILIAR; and all the terms susceptible of the
eiea'est oennition. No reason can then be assign~
eu' why these powers were not granted TO the
GENERAL Government, had they been intended to
nave been granted; especially when the power To
e'ect mouse, relatively of so little consequences
was hought sufhcient TO justify particular grant
os po"eI, WIN specihed means OF carrying il into
enect, Besides all these considerations, the pecu-
liar Character of the power TO make internal i'm
ProVements, Is locality locality in ts most limited
ioIn; and therefore peculiarly unsuited to the iu-
risoicton OF the General Government, which in
general In its character, and peculiarly suited &c,
the jurisdiction of the State Governments whos.
jurisdiction Is intended for local objects. From
,hese considerations, and many others which might
oe aoducea' the committee report; thai, in their
opinion, the several laws passed by the General
menis: such as the \" CT TO procure the NECESSARY
surveys, plans and estimates, upon the subiect OF
roads and canals approved May 4,h 1924, and
otheFa' whether they involve jurisdiction over
'he territory within this Commonwealth, or only
appropriate money for the purpose of making in
ernsl improvements, unauthorized by the grams
OF power to the General Government contained m
the CONSTITUTION of the u. s.
lhe committee have bestowed The like consid-
Grafton the following enquiry: :. wh.,hs,
W. Hal fhat 1T
violate the rights of private property bv taking
IL rom It's owner, and giving it 10 another persob
neither rendering public service" Upon mos,
careful review OF the Constitution of the u S.. in
'ne u sec. OK The lst art the committee find an
enumeration oil certain specified powers -sea..os
TO the Government of the United States. The
n's' specification is in the following words: Art
Isl, Sec. g. g The Congress shall have power:
l. 10 lay and collect taxes, duties, mposts, and
excuses, 10 pay The debts and provide for the cou
mon defence and general ellarc of the IT. States
nut all duties, imposs, and excuses, shall be uni
form throughout the United States Then follow
other specifications. But the committee do no.
ma amongst them the specified power TO protect
manufactures. The term 90 protection Of manu-
lectures" is not 10 be found in the Constitution.
nor even the word " factures'' itself; nor anv
equivalent term for either. The enumerated pow
e!s contain all the powers which the peopIe
'no"sht proper, by The Constitution 10 grant TO tho
General Government, " in order to form more
perfect union, establish Justice ensure dcme.ti..
tranquility, provide for the common defence
promote the general welfare and secure the bless
'ng' OF liberty 10 themselves and their pos
terity.' All the unenumerated powers were re-
served TO the States espec ely or 10 the reopIe
for the same objects; and so expressly declared to
De IN an amendment TO the Constitution Tkis
distribution OF powers between the General and
1'a'e ooVernmehts, was ordained and declared by
e people, IN their Con-'itntion to afford the besr
means for effecfng the ereat ends of its forma-
non HE power " to lay and collect taxes tu.
Ties, Imprsts and excises,' furnishes the essenti
means Tor carrying all the other enumerated pow
ers INTO effect. The object of granting this power
Is declared TO be, e" to pay the debts and provid.
for the common defence and general welfare of HE
u s., as resirhined and limited by the specified
powers Hence, under this grant, Congress would
have power 10 lay and collect taxes &c for the
purpose OF paying "he debts If the u. S.,
and Tor carrying into effect all the other en,,me
rated powers. ButCongress could derive no pow.
er from This grant whatsoever assume Sc to car
~ into ELECT any power whatever, not included
amongst the Enumerated powers. The power to
protect manufactures not being included amongst
the enumerated powers, Congress can therefore
derive no power whatever, from the grant TO Law
and collect taxes. &c. to protect n,anu.a ctures
ne rioiectIo OF manufactures being an original.
subNa' tIve-indeed pr mary, paramount, power,
cannot be assumed by Congress -or, il II can
tben any other power whatever may be assumed
at pleasure -because 1t is impossible 10 conceive
upon what principle of right Con gr-ss could as
sumo the power 10 protect manufactures without
assuming any ether unenumeTaied power whatever
at lis own Unlimited discretion. And, If Congress
can assume any unenumerated power at its discye-
non, and also the means tor carrying it into effect
-lhen, are all the restraints imposed in the Con-
siitntion, upon lie will OF the General Govern
ment, unavaillng and that Government WILDE
come consolidated IN lis practice, and unlimited in
It's will The protection of manufactures, being a
power peculiarly local in its character aTor6s the
strongest consideration TO Congress against its as
sumption; because directly against the spirit of
generality and equality. which peryades the whole
Constitution and which Indispensable to it's
original existence. The force of this argument
cannot be- in the smallest degree, diverted or eva
ded by the usual resort TO the term general wed
fare. " That term contains no grant of power
whatsoever, but was intended, and u.s. a restraint
upon the pre-existing grant OF power to lay ard
collect taxes, &c. The term is the general well
fare OF the u. So and the plain and obvious
meaning is TO restrain Congress from laying taxes.
&c. TO provide for any Other welfare Than The
general ,ceL}aTe Of the Y. S. !" to restrain Con-
gress from laying taxes, SC. to provide for the
particular welfare OF any particular State, the
local welfare OF any particular part of any panic-
ular State. The a Ct Of Congres, passed May 22d,
| 1924, entitled, act TO amend the several acts
imposing duties on imports" generally called the
tariff law, passed for the svov ed object of
protecting domestic The pow err TO prc-
,ect domestic manufactures, not being found in the
meia'ed pos ers in The Constitution Congresscsn
/ have no power 10 Jay axes for it's eiFcciuatjon
Congress having power to lay and collect taxes
duties, impo'ts aud excuses, have unquesionably.