Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-01-25


How vas the revenue thus collected to be ap{
piled, according to the same clause of the Consii-
tuition which gives the power TO raise IL! To thdH
purpose OF paying the public debt, and providing
fof tue common defence and general welfare and
10 those purposes only.
Mr. X. said he had thought il proper 10 state
his views of this question, in order 10 furnish an
apology tor the apparently upgrac:ous course hek
ieN IL Ms duty TO pursue In regard TO it-bu also
Tor The further purpose of showing, that this very
construction OF the Constitution which now
maintained, would completely PROSTATE all the bal,
riers which he trainers OF the Constitution had
by ITS provisions, enceayoTed to raise up sgaina
! the ehcroachments of the General Governmer n
The trainers of this Constitution (Mr. r. said Il
we're wise and practical men; they knew that, ti
all he engines that could be placed in the hands
men, money was the most contr olling and effes i
tive; md it therefore, that they had thoue,
proper to limit the power of Congress over N l.
public money I" the payment of the public DEB
! aud providing for the common defence and genera
welfare This limitation, he said, as whole
nusaiory, Congress might disbus.e within tls
District OF Columbia as much public money az
they thought proper, and tor wh.;ever object bev
thought proper. Under such construction hs
repeated, they nigh establish national schools a,
Indefinite pension lists, Sc. Sc. He ins,snced. by
Wa OF illustration, he proposition TO pension Cor
Lille The EX presidents OF the United States Al
though beg ond the general power of Congress i,
might he contended that Congress possessed The 4
power in case OF their continuing to reside With
the District OF Columbia; and unable to grant such
pc sons to them hist residing within H. States
'hey might grant them condition of their i,r
coming residents here prior to the grant, Sc
Mf. IL. concluded by expressing his hone, that.
though his remarks had been desuitory and unnr.
meoitSted he had been able to make himself nm
derstood as to the grounds on which he Eel, ;, -
be hi duty 10 oppose the bill.
Mr. Halle now demanded that the question is
taken by Yeas and Nay, and it was so ordered Inv
| the House. ~
Mr.. Drayton said, that although he bill had IN.
ue' gone great deal OF discussion, Which the House
| had shewn strong disposition to terminate ve, ga
the subject embr ed in is Geeply Interesting 10 b
feelings, and involves in its consideration co,.,;
tu'ional question. Will, said Mr. d. briefly sut,niI
the views which take. as TO the power of the
House TO make the appropriation prescribed for in
the hi'l. am not, said Mr. d. and never have
oeen, favorable TO what is usually termed an en-
larsed Interpretation f the Constitution thnk
.he acts winch u warrants, must be derivei either
from express wer contained in it, or the, must
De necessary Tor the purpose Of carrying into ex-
ecntion power expressly granted The doctrin,
WHICH mas oy many been contended for that Con-
sress may pass all laws which they deem neces.a-
fy ior me seneai welfare, / dsclam IF thew
nave such power. it ouid be difficult TO saw
what power they have not. | contend for no
more than have stated; and if within these prn-
ciPes, Congress cannot pass this bill admir- ,b,,
) 1t cannot, constituiionally become law.
Amidst the powers given TO Congress, some are
general ana some are particular Some are uncon.
ditionai, some are limited. Where power.
"nich s general and unconditional is granted the
my 'i.nha'ion which can be annexed to il, is the
discretion OF the Legislature | will illustrate The
distinction between these two species of grants
oy referring TO one or two clauses of the Consti-
luton. In the Sih section of the LIST Article Con-
eress is emrow cred TO provide and maintain
1'"Vy ohder this authority, they may exercise
for ,ba
! manning fleet; the number, the size of the YES
ssis' the pay oil The officers and of the men: in
snort any 'hns requisite sor the purposes of war
In al lis branches is within he power of Coppress
ana Tue extent TO which they choose to exercise
their powers upon this subject is ONLY IN Ina reou
ia'ed by their Judgment and discretion f,orare
says Inc Constitution, may lay and coll :ct taxes
u'ies' imPosts and eXcses; this extent Their
power would be unlimited, were it not for the .pe
.1nc"''ons OF me objects for which alone these
80 ee' couiu De levied, and 10 which alone,
wheh levied, they could be applied; thew must lie
ieVied Tor the purposes Of paying the debts and
P'orioihS ior The common defence and general
welfare OF the United States. / might cite manv
"'le, instances OF general and of limited mowers
out these two will be sufficient TO exemni;f, ~ .
u's"he'ion nave mentioned. If Congress nos.es.
ses an unlimited and unconditional power 10 L..
sisiate Tor the District Of Colombia il unavo;J,
Oily follows that they possess the power of n,s
sing 'bis Dill. The Constitution vests in Con
N'ueite ieSisiallon In all cases ~ hatso 4,
ever over The District of Columbia Having lilo
power 70 iesisiate In all cases, they may rass a
"a" hPPfoPfiating money, and, ACCORDING 10 the
principle have referred to, that thew bsvs III
power 10 carry into execution the powers ex-
pIessiy yes ed in them, they may raise The f,,r,s
10 carry this appropriation into effect. JTn1s, -
constitution the only qualification annexed IN
his exclusive power of legislation is tina, !, sbsn
pe confined to the District; and the anpronr;a,;on
contemplated by Eis bill is confined 70 The nj
tTict. " 'Ae LIS
IL mas been said that, admitting 10 the full .x.
tent me power TO legslae for COLUMBIA and lie
consequent fight 10 aPpropriatemoney for its use.
5e' 'hdt 'he III ney appropriated must be ob,aioed
oy a TAX upon lis inhabitants because Cono,ess can
only appropriate money by virtue Of some ,u,bor;
~ derived from the Constitutions & no mar, NJ a.,
instrument permits the appropriation of money ~
relieve The disiresses OF indv iduals Nv reni, q.
ms argument is that il is contrary 10 the Ie,,s ~
the Constitution, and The construction of Tho 49,,
ers granted in IT, which have stated and HI
are admitted by lis most rigid expounders Tn.
roweT is gwen without limitation il can there
icre' only tie limited by discretion : the no,e,
70 pass the law Is expressly given; the power 10
carry ih'o execution must necessarily follow =
ihese powers are no where limit ed by provision
'na me moneys to be appropriated for the Dstric,
shall be raised by taxing its inhabitants N comI
this unlimited authority, therefore. ,,;,b 80
provision, would be 10 convert bv cons,,,s';
great and unqualified Iower into p,rticul., 49,,
limited one And the spirit and letter If tie Co.
sii'ution are as much violated by TAXING 60,
from 1t a power which has been directIv a,a",yJ
10 as by adding TO IL power with :. bich !, -
never been invested. feel confident tba, d. 49,. =
sItiOn which have assumed. that If Corn..-.' r.