Delaware gazette and American watchman. [volume] (Wilmington, Del.) 1828-1837, 1830-06-04

b mission, notwithstanding lis apparent fitness
! thate every subsequent administration 9th
z Government, embracing period Of Ihrt
/ uut Of The forty two yeurs ofis existence
has adopted more enlarged construction @
A the power II Is not my purpose to detail
{. you by a minute feclcal Of the acts whic
sustain this assertion, but il is proper that
should notice some ofthe most prominent, il
order that the reflections which they sugges
: TO my mind, may be better understood.
In the administration Of Mr. Jefferson WI
have two examples Of the exei else Of tn,
right Of appropriation, which, in the cuusi
Iteration THAT led u their adoption md il
their effects upon he public mind, have hat
fla greater agency inmarklng the character o.
the power, than an, subsequent events.
allude to the payment OF hfeen millions OIL
dollars for the purchase Of Louisiana. and !,
the original Appropriation for the construction
LOT the CumbeflandAOad; the latter act de-
deriving much weight FROM the acquies-
eenee aud appreciation Of three Of the mosl
powerful OF the orkinsl members ofihe con-
iederacy, expressed through their respec.
tive Legislature, Although the circum-
stances OF the letct cqse'msy be such as to
deprive SO muchf iii as relates to the actu-
al construction oftie road, ofthe force of an
oeligaiory exposlls 81 the Constitution, it
must, neverlhcIess,sn admitted that, so far
as the mere appropriation Of money is con-
cerncd, they present the principle IN lis most
imposing aspect, No less than twenty three
different laws have been passed through all
the forms OF the Constitution, Approprlating
upwards Of two millions aud halt OF dollars
out of the National Treasury in support Of
that improvement, with the appreciation Of
every President ofthe United States, inclu-
ding my predecessor, since its commence.
meni.
Independently Of the sanction given to sp.
preparations for the Cumberland and other
roads ahd objects, under this power; the ad-
minlstratIon vi Mr.. Madison was character
ised by all acl which furnishes The strongest
evidence ofhis opinion of its extent. A bill
was passed through both houses OF Congress,
and presented for his approval, "setting
apart aud pledging certain funds for construc-
ting roads and canals, and improving the ma
Vigaton Of water courses, In order to iacll-
tate, promote, and give security to internal
Commerce among the several States; and to
render more easy, and less expensive, the
means and provisions for the common de-
fence" Regarding the bill as asserting q
power In the Federal Government 10 con.
strllct roads and canals within the limits Of
tho States in which they were made, he OBJ.
lecled TO It's passage, OH the ground OF it's I'M
conslllutionaily, declaring that the assent Of
the respective States, in the mode provided
by the bill, could not confer the power IN
question that the only cases in which the
consent and cession OF particular States Gun
extend the power ofCongress, are those spe-
ciiled and provided for in the Constitution
and snperadding to these avowals, his opn.
Ion, that :" u restriction oIthe power 10 pro-
vids for the common defence and general
welfare, to cases which are ~ be provided
for by the expenditure Of money. would sill
leave within The Legislative power Of Con.
gross, ull the great end mostImpottsn, -uneo
sures Of Govcrnmenis money being tho ordi
nary and necessary means Of carrying them
INTO execution have not been able Il
consider these declal aIione in any other point
Of view, than AZ concession that the right oil
appropriation is moi limited by the power t
curry into effect the measure for which tn,
money is asked, as was formerly contonded.
The views OF Mr.. Monroe upon this sub
jeci, were not left TO inference. Dnrln.
his administration bull was passed through
both Houses oil Congress. contarrlng The N
FsdictIon,and prescribing he mode by whicl
the Federal Government should exercise
in the case of the Cumberland Roud. h.
returned II wUh objections 10 lis passa ge,an
IN assigning them took ogCasion to say, tina
IN the eafly stages OF the Government, h.
4 had inclined " the cCrstrucUO1 lhut It hat
90 right to expend money, except in tho pci
iofmqnce Of acts authorized by the other spe
ellie grants OF powef, according 10 n slric
cOnstrueiion Of tlieIt but that, on further re
Election and Obserys ion, his mind had under
gone change; thai his opinions then WINS
THAT Congress have On unlimited power /,
raise money, and uat, in Its appropriation
they have discretionary power, restricte,
Only BY he duty to appropriate il to purpose
.lof common defence aud Of general, not local
national, not State benefit and this was
vowed to be the governing principle through
he residue ofhis administration The view
lof the last administration are OF such reeen
ldate as to render a particular reference 1,
them unnecessary. 1t is well known tba
the appropriating power, 10 the utmost OK
tent which had been claimed for it, in rrla
ton TO internal improvements, was fully re
/, eegnIzed and exercised by it.
This brief reference TO known facts, wi
be sufficient to show the difficulty, ii no, i'm
-tpIscliesbilIy.ot bringing back tue operation
lot the Government to The construction Of iii
Constitution Get up IN 1898, assuming that /
be Its true reading. IN relation TO the powt
: under consideration: thus giving an admnn
i tory proof Ofthe hrce of implication, and ii
> necessity Of guarding the Constitution vii
i lsleepless vigilance. against the authority
e lpreceden,s which have not the sanctir
ofi's most plainly defined powers. For, a
: though it is the duty of ali to look to In
J. sacred instrument inst cad Of the statute boo
a to ropudiAte at ulltimes ,encroachmenis I'D,
\, Ne spirit, which are too apt to be effected |
/ ne conluneture Of peculiar and laclliatii
circumstances; it is not less true, thar Il
IN public BOO1 and the nafnta ofnpr ,oli,;a,I /;