The Arkansas advocate., 1830-10-13

.l those who proposed the constitution
 eoneeived--it is still more fully known, 1 and more material to observe, that those q who ratified the constitution conceived, ] that this is not an indefinite government, i deriving It's powers from the general terms prefixed to the specified powers; 1 but c hasited go0ere01e'at ted doz0ia 10 tte spec5sed poase1s, sst:assseelh enpldin and deSne the general terms.
 l; t k k to be secelleeted, that the terms 9common defence and general welfare, 7 as here used, are not novel terms first introduced into this constitution. They are terms familiar in their construction, and well known to the people of Ameri- ca. They are repeatedly found in the +fsi 7 iftii ttiiteiies teie e confederation, where, altho they are susceptible of as great a iati- tadc as can be given them by the con text here, 1t was never supposed or pre- tended that they conveyed any suehpow- CT as is now assigned to them. 0n the contrary, 1t was always considered clear and certain that the old Congress was limited to the enumerated powers; and that the enumeration limited and ex- plained the general terms. l ask the gentlemen themselves, whether it ever was supposed or suspected, that the old Congress could give away the money of the States in bounties to encourage ag- ricultureor for any other purpose they pleased. If such power had been possessed by any body,it would have been much less impotent, or have borne q very different character from that uni versally ascribed to it.
 The novel idea now annexed to those terms, and never before entertained by the friends or enemies of the govern ment, will have farther consequence which cannot have been taken into the view of the gentlemen. Their eon- struction would not only give Congress the complete legislative power l have stated 1t would do :!t would SUI percede al the restrictions understood at present to lie on their power with respect to a judiciary. IL would put it intEe power of Congress to establish courts throughout the United States with cognizance of suits between citi- zen and citizen, and in all cases what. soeyers This sir, seems to be demon strable; fer ifthe clause in question real- ly authorizes Congress to do whatever they think fit, provided 1t be for the general welfare of which they are to judge and money can be applied to it, Congress must have power to create and support . judiciary establishment, with jurisdiction extending to all ca ses, favorable, in their opinion, to the general welvare, in the same manner as they have power to pass laws, aid ap4 ply money providing itany ether way for the general welfare. l shall be re- minded, perhaps, that, according to the terms of the constitution. the judicial power is to extend to certain cases only, not to all cases But this circumstance can have no effect in the argument, 1t be- ing presupposed by the gentlemen, that the specification of ceftain.oblects does not limit theimport fthe general terms. Taking these terms as an abstract and indefinite grant power, they comprise all the objects Of the legislative regula- lions, as well such as fall under the iu- dietary article in the constitution, as those falling immediately under the legislative article; and if the partial enumeration of objects in the legislative article does not, as these gentlemen con- tend, limit the general power, neither will tbe limited by the partial emu meraticn of objects in the judiciary ar ticle.
 There are consequences, sir, stilImore extensive, which, as they follow clearly fromthe doctrine combatted, must either be admitted, or the doctrine must be giy- ensup. If Congress can employ money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands they may appoint teachers in every State, county and parish, and pay them out of their public treasury: they may take into their own hands the edu- cation of children, establishing in like manner schools throughout the union they may assume the provision fer the poor; they may undertake the regula- ton of all roads other than post roads in short, every thing from the highest object of State legislation, down to the most minute object of police, would be thrownunder the power of Congress; for