Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1830-05-29

standing its apparent fitness, that s,1r "O'S'a
quent administration of the Go%yernmant saass
ing a period ofthirt,y, out Of the forty ,w" ".
of its existence, has adopted more eGI,, mOiea9
struction of the power. 1t Is not nv nas euoi,
detain you by a minute recital Of the e. tnPOTh
sustain this assertion, but it is pronor Sm&
should notice SOM of the most promioet uaI
that the reflections which they suggest Ia NJ Uas
may be better understood. 'pAi
In the administration of Mr.. JefFeyso,
two examples ofthe exercise of the rigbt Sena',
priation. which in the consideration H., IIP0H
their adoption and in their effects upop lhs ,ea'
mind, have had a greater agency in NAL; plo'c
character of the power, than any subssn"~ or
vents. lallude to the payment Of fifteen r;E e
of dollars for the purchase of L.ouisiann, .,I
the original appropriation for the consrm,' %~p %
the Cumberland road: the latter ar J ~
much weight from the acquiescence and .'~s
baton Of three of the most powerful Of II. 'pEC
nal members of the confcdcracy. Wig,
through their respective Legislatures.
the circumstances of the latter case NAV h,
as to deprive so much of it as relate. +, -
al construction of the road. Of the force oJ.n, Gr
garory exposition of the Constitution, il w.
nevertheless tie admitted that. 50 far 2. n.
appropriation of money is concerned. ,boy rra as.'
the principle in IT'S most imposing ,srs,, y
less than t~wenty-three different law. have lan
passed through all the forms of the Cyp,,i,r$,'
a%ppropriating upwards Of two millions and , t.,
of dollars out Of the National Treasury u, , "'
port OF that improvement, with the approhsS,r r
every President of the United States, incri,.
my predecessor. since It's commencement.
independently of the sanction given 70 ,r,,
priations for the Cumberland and other road, ~
objects, under this power, the administrgdm =
Mr.. Madison was characterised by an act Will
furnishes the strongest evidence Of his opj,Sin 4
its extent. A bill passed throughboth Hoo.,G
Congressman presented for MS apprOya!. .>..
ting apart & pledsing certain funds for cOn.u,.
ing roads and canals, and improving the niyg,
ton of water courses, in order to facilitate, mn.
mote, and give security to internal comnert
among the several States; and to render more %.
sy, and less expensive, the means and provision,
for the common defence" Regarding ,he t
as asserting a power in the Federal Go,emmer.
to construct roads and canals within the limit, d
the States in which they were made. he Obiecie.
to its passage, on the ground Of its unconstitutiCg
atty, declaring that the assent of the respeclr,
States, in the mode provided by the bill, coalt
not confer the power IN question; that the On
ly cases in which the consent and cessiou of par
ticular States can extend the power of Congres.
are those specified and provided for in the Conai
tuition; and superadding to these avowaIs, hso
plnion, that a restriction of the power to prO,id
for the common defence and general welfare. t
cases which are to be provided for by the CT
penditure of money, would still leave within III
Legislative power of Congress, all the great AM
most important measures of Government. none
being the ordinary and necessary means of car
ryins them into execution" | have not bee
able to consider these declaration in any odt
point of view. than as a concession that iheri.-
of appropriation is not limited by the powertoca
ry into effect the measure for which the none
is asked as wa formerly commended.
The views Of Mr.. Monroe upon thi. subjer
were not left to inference. During his admin,
tration a bill was passed through both House,
Congress, comforting the jurisdiction and pre-
scribing the mode by which the Federal Govern
ment should exercise it in the case Of the Cum
berland Road. He returned it with objection
to its passage, and in assigning them, took o.
casion to say, that in the early stages Of tit
Government, he had inclined to the construt
ton that it had no right to expend money, el
cept in the performance OF acts authorized by ''
other specific grants Of power, according to
strict construction OF them; but that, on turtle
reflection and observation. his mind had under
gone a change; that his opinion then w,s, "tfl,
Congress have an unlimited power TO raise mOHe
and that, in its appropriation. they have a d.o'.
tionary power, restricted only By The duty o zap.
propriate it to purposes of common defence, l'd
of general, not local, national, nor State bcle.
fit" and this was avowed to be the gO'ernIn!
principle through the residue Of his admIDI'ta
ton. The views OF the last administration are
of such recent date as to render a particular Re
ference to them unnecessary. Ii is well knO''
that the appropriating power, to the utmost eA.
tent which had been claimed for il, in relation 70
internal improvements, was fully Recognized aHO
exercised by it. n,
THIS brief reference to known facts, E"E
sufficient to show the difficulty, if not I"pIs,u.
cability, of bringing back the Operations % .,
Government to the construction Of tie I"".
tuition set up in 1898, assuming that 70 WV
true reading, in relation to the power unasE ",
sidsration: thus giving an admonitory prov. ~
the force of implication, and the nece':IH
guarding the Constitution with sleePless vs'Ia.,
against the authority of precedents Whiea u"