Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-03-23

Ihat be Senera Assembly, uotn also express II
deep regret, that spirit has in sundry instances beer
manifested by the Federal Government to enlarge il
power by the forced constructions ot the constitutions
charter which defines them and that indications hav,
appeared, Of design to eNpound ceitJin general phra
ses, (Which. having been copei from the very limited
grant of powers in the former articles OF
the less liable to be 50 a. destroy
the meaning and elect Of the particular alton
which necessarily explain and Limits the general phra
se'; and 50 as 10 consolidate the Stae..by deg in
TO one sovereignty. the obvious tendency aud uev
bile result OF which would be- 10 transform the present
Republican system Of the u. Stat =, into absolute
or, at best, mixed monarchy"
Mr. Jefferson in his letters has followed up the same
ideas AMI never parted, TIL he parted with lie itself
from this democratic view ot the Constitutional compact
i JET. Works. 800.
"You will have learned that an act for internal i'm.
provement, after passing both Houses. was ncgalve ed
hy the President. The act was fouHded avowedly, or
the principle, that the phrase in the hici
authorizes Congress TO lay taxes, to pay debts.
provide Tor the general welfare was an extension o.
the powers specifically enumerated, to ichdteper would
promote the general welfare; aud this, you know wa.
the federal doctrine. Whereas, tenet ever was.
and, indeed is almost the only land mark which no
divides the federass from the repubica ans that Con-
gress had not unlimited poDers TO provide for the gen.
era welfare. but were restrained to those specifically
enumerated; and that, it never meant they
should provide for that welfare but by the exercise o!
Tie enumerated powers, so II could not have been
meant they should raise money for purposes which the
enumeration did not place under their action
qneny, that the specification OF powers is limitation
Other remarks Of his in like terms, have been before
ci'cl ami need not be repeated.
They were opinions which IN on endeared him to a
majority OF the Union, and in A. 1900, effected the
first great political revolution in the administration of
our General Government. They were the views OF
his talented successor, in after times well as in
i'9S asevnced in numberess OF hs public acts; and
'hey IN substance remained the views OF his second
successor, at least during his first term of Office
They long constituted, every where, the watch word
Of democracy. With many, they always have remain
ed the strongest test Of political orthodoxy Such
MIR Jeiierson's own remark, late a, A. ID. 1919. a
JEFF 3O6) And though in after and recent days,
some departures may have been witnessed in ranks
from these doctrines; vet they have in general been
apparent anu local. rather than real and general depar
lures from the doctrines themselves and have existed
ra'her' difference OF opinion, in particular aPpli
cations OF those doctrines and in difference about de-
th| tau about fundamental views on the true mode
o constituting the Constitution. Some have been mis-
represented this head, and none believe Sir more
than yourself. These dill rences have been rather
' the clouds that hang on freedoms jealous BROW"
than any p'lpahe darkness, any deseriion Of the
great principles contended for by the of the
Union, in the great Revolution Of I79S Some diffe-
rences, and honest differences, may and doubtless do
exist on this point, in all parties; hut am now speak
log oil this basis of the change in admnstra ion
al that and OF the doctrines of the party at
large, as party, which effected The change. That
the opinions OF New Hampshire have conceded with
these views whenever her politics have be EN- de inocra
&c, and that on them, the subject of the Public
Lands am representing truly these sentiments of her
ed more than once, is easily demon-trable, by refe
renee, not 10 pamphlets newspapers, forgotten or
re'h-hut 10 her legislative records While that State
continued under the control Of opposed to Mr. JEFF
eron, and the principles which cthroned hi predeces
sor while her representatives. here voting for A.
Burr, she, would naturally he expected voted against
The doctrines of the Virginia Resolutions.
But, when politically she became regrnerate, and
moved tremendously with the majority pf her sister
planets, in the democratic system the tenden-
cies and progress of the opposite doctrines, urged 40
oiten and so strenuously by that pentlrman's (Mr.
iiolme.sls' matchiess spirit of the West" and under
his lead-when those tendencies began to alarm the
wachtul, and call forth deliberate and decisive ex
presSions OF State opinions ques dear thu
purity OF the Constitution, New Hampshire came out
In both her Executive and Legislative Departments,
against the favore views OF that matrhless spirt"-
She came ont with directness and independence. as
sovereign States ought 10 out all great
gencies. She Showed her disregard State Of me n
whether Southernor Etstern-whether politicians or
judges, in high places or low-who, in her opinion
had attempted 20 seduee the people OF the Union, by
esadual aud s'cahy attack, into the same enlarged
and constructive views Of the Constitution, which the
Revolution OF 1900 had openly exposed and defeated.
The Executive in June 1922, declared (see 81 Niles
RegisteD that:
The measures of the National Government are lust
yrcgarded as subjects OF great interest to the people,
but they become peculiarly of this character when
believed 10 be founded on doubtful or erroneous consruc
tons OF the Constitution tending extension of their
own powers. When of this kind occurs or even
appears probable, that it is about to happen it be-
comes the duty OF the Legislatures of the individual
States, to adopt such constitutional measures, as may
tend to correct the error, or avert the evi'
The Constitution gives to Congress the power "to
lay and collect taxes duties, mposts and excuses to pay
the debts, and provide for the common defence and
general welfare of the United States and Immediately
proceeds TO define, and vest the specific powers which
were deemed necessary to effect these objects. Amongst
these 1t Is thought be found, which on any
known principles OF construction, authorize Con-
gress to expcnd the public in mere objects Of
Internal Improvement. The power to impose taxes to
pay the debts and provide for the common defence and
general welfare seems TO have been construed a spe
chic grant OF power, TO Congress- to do any act,
or adopt and carry into effect any and every measure
without restriction which il might suppose, would con-
duce TO the general welfare This construction is be
lieved TO be wholly unwarranted."
When we advert to the great caution with which
and guarded by that distinguished body of men, by
whom it was framed, find it impossible to believe
thai by the indefinite phrase "o provide for the com
defence and general welfare in the connection in
which is, TO be susceptible OF that broad and sweeping
construction, which must OF necessity merge in il, and
render utterly superuous every special grant of power
IN that instrument power TO provide for the general
welfare, without restriction Limitation, is, in fact
power 10 do whatever those, who invested with it,
choose TO consider promotve of those objects This is
IN truth the power Of desposm, aud can have place
IN free governmentthe first principle of which u.s. that
the powers delegated TO rulers shall be distinctly and
clearly defined and limited"
AT times, this is so obvious that they seen to
possess the efrontery TO endeavOur TO influence public
opinion by boldly affecting TO hold up TO scorn every
having for its object the correction of waste
u misuse of the public resources as unbecoming ma
tOngl dgnity az If IN wer hat Gal