Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-03-19
0MARRsaYONABa
H.. Of REPRESENTATIVES,.
OISIRIB UTIOW OF SURPLUS WINDS

rIRsT CoN0REss-SEcoN SESSION.
H. Of REPRESENTATIVES,.
O001!OW OF SURPLUS FUNDS
JANUARY 2s 1891.
AZ. - Rad .So LAID uPoS the rAsLr.
WE : rom me Seiec, Commi,se, to Which The
suejse'lad been referred. made IN. following
REPORT:
The Select Committee. to trhich ,cas ref red a n,,.,
q me Frerdenfs Message as relates to The "iistri.
o"''on % the surplus funds, t0hich mac at anu tim,
remain IN the Treasury, after the national deJf shall
ndoe oeen pad, among the States, ia proportion 10
me number Of their representatives to be oppiied 6v
them to objects Of Lat.rnai Lnpropement." hrp, bo3
me subject under consideration, and submit the FOL.
Iotoing Report:
rae prop ;, iii IN to distribute the .urp'u, r-v-nu. a.
men', submitted by IN. Executive TO he cor. II.,a ion
ot Gong ess, IL 90 intimately conn ret ID wi h the vheI /.
SUBJECT Of Internal impr .vement, in wha,, YER forsa. or
VII whatever mocihca:ions, power over IN. ,usisr,
has ben heretofore ate 10 be .x.,c,ssd no m.
r FEDERAL Government, ,ha, a comparative vie = of The
wntis snhjsct. as we'll Of the objsc,ion, to each mode
~ Heretofore attempted 10 be prsc iced on a, 10 the
plan proposed and OF the advantage of each. i. h,Ii.v.
70 TAI within the scope Of thu appropr: at. du,i., Of,
W. Committee. and IL 10 'ispensabie 10 q full develop.
msnt oil the rsa'ons viii n have itLucsd th.u T..
me eonclus on, at VIII CHI they have arrived.
they propose, therefore. az briefly a. thew err. -
examine these various mode. as well in REGARD 10 tai,
f. -SI n.I"" .: to their e1psd'eney. for IN. purpo.e
- oshE enabled to present. more distinctly and lear.
y, 'he views which they entertain upon the p,r,ieuIs
proposition submit, ed by tbs p. e.iLsn., and rsis,r,d 10
'hrie consideration by the House.
Before they do so, however, 4. NAV no, h. im,ro,.r
to state. tina, they .uiIy concur with ~. p,..ih pr -
recommending, for tho present. Z" rigid application to-
-. . . ! the paoiie Iund', which nigh; other
use % apP'i.d TO different objects. to that highest OF
a' our obliga ions, tn. payment Of the public deb, -
ana 'ha', until the debt shall be finally ex,ipsui.b. ID
u money should be appropriated from tas Tr.s.ury, 10
~ aPpnrh eithsr directly by the United S,a,-., TO OBJ.
jeets 81 Internal Improvement. or to be distributed a.
jeets.
1t may TO proper 10 safe, also. that. when ,b. doh,
snai have ben paid off. they are sI osirion. tia, m.
taxes should be either wholly repealed or greatly re-.
ues upon many aruci''. especially vucn .ueh a, are
nut produced IN the ni'ed States. or, il produced. hui,
70 a hn''ed ext'nt; aud upon such as n NV he IAN der.
eu necssssrle'o Of life, cou,umed by The poor a. will a..
by the rich, and tbs dulles on wbicI, ;nnoI.
bur'hens on al cissse..
ines" preliminary considerations, which IN. G. IN.
mmee have deemed IL proper 10 state in Mi. ria,r.
VIII De more fu ly noticed in a sub, quent pat OF tbs
report. "'
Attempt have been made to ex srcise a no over n, N,
pa,toi 's federa, Governm'n Over OF scts OF Inter
hsl Improvement, in three modss:
Ia. Tc consi'.:. ,ycrkA Of lu,,rnAi I,orov.mn,
within the limits OF the Stats', a.,uminy iurI,r,-to,
over 'as territory which they oscupy, wi h a powsr 10
ps-'erve them when eon'truc'sd. aud to punish otf,a.
"a i" To appropriate money from ,ba N alton Al Tr.s.
sary, In aid oil such works when uadsrtak. u by S a..
ao,hofi'y' 'urrendsring the claim OF Jurisdiction >,
81. To old In the construction of such works. bv
:. suo'er'bing to the stock Of priva'e a s,eia,iou."
ineorp rated compsnie,.
On a question 90 often aud 90 abiv di.e,..J .,,h.,
OF the constitutional power Of the Gen-raI Goy.rnp.nt
10 construct or I'D to the con.tru .,ion Of w,k, of In
,ernai Improvement, within the limits OF III. Safes. in
any OF 'hese mode, he Com nittes do rot pr,o,., IN
NIX. an extend d argum.n, but simply 10 s,s,. m.
pr'neipie' aud authorities on which ,hsy rest their q
pinion.
10 Mr.. Madison's celebrated rs,or, If n
i799. Ia production be ievsd to contain the ,ounJ.I av
Po''uon OF tbs true principles OF tho Federal Govern.
extan') a rue IS laid down, which the Commit
tee adopt as a sound one, by which to dete,oin. OH.
a given roweris g'ao'ed by the Constt,,ion n,
TOT lh,t rule IL 'bis-" Whenever = question arises
.onsern'ng 'hs cons'itntionaliiy OF a partieu'.r power.
IN the Constitution. IL il he, III. question 4. Dc ia
II 1t be not expressed, the nextinauiey muJ b.. wbs.
'oer l" 10 Prop''ly an incident to an expressed DOW r
and n.ce"sry TO lis execution H be. i, nv he
exercised by Congress. If IL be not, Conyre.s caono,
Let then, the power ciain.d. be ts.tsd
oy ui' rule tits not p%reisnded that tn, power to make
rosds and canals, 10 TO b. " found among thu nowe,.
expressly vested in the Congress-" II. then. / isro.
iound among tho powe rs expressed in The Con rj,u,on
IL II properly 40 incident 10 an exp e.s p,wer and me-
cessary 10 its execution ?" IL il an incidental now.r
without the aid Of which any of the .Y,rn,. go,
cannot be executed. incidental pow-rs arc con6n.d
ih inc contribution to thu auth ,rity =" TO make all J,v,
~",sn sn.n 90 nsee"a'y 'od proper for car yins into
execution" the enumera'ed powers but uodor mi,
power II cannot b. claimed to do any ,bing. wbieb 4,
the op ni'n OF Congr 50, might indirectly tend or re-
Mvo = san 70 sneh a r"'uit Apswer. to be Incl
q Prioe'pa' or substantive power, ind spsndcnt of m,
principal pow = TO which IL l.. an incident. To n. an
"'S"o"' !" PrihclPai expressed power, " nrcessnrU
and proper" to the execution OF thai principal expre,s.
Cd power !, must b.. "neeessoriat AMI s.bo,dinofe
TO- and obviously foo from" tnar expressed
power; IL must be a power " appey tanning to, or
Jofiotoing 40 ther, az more worthy, o priucipnIn T,
pus, ne " deripafiue, not primary and ind.D,uf.
enf' by applying these rules OF eon,,tucu,o 10 IN,
Ceost'u'ioH, the COMMITTEES cams irresi,i Jv N IN.
conclusion, tina, the incidental power 10 Ike ro,d,
sod canals, Is not necessary 10 the execution Of spy of
the granted or express powsrs; that each Of IAN
may be esrfisd into full effect, without the aid Of .usb
an Incident and that, thersiorr, il assumed. IL mus,
os as . principal, or subsian'ive and di,tinst poyer n,
itself, no where to be found among the snume,.,,d
powers OF the Constitution, aud that IL results. thar.
Tore. " at no such power exists.
ms 'he FEDERAL Government possesses no other pow.
es than those specifically granted to /, by the con.,i.
tuition, and as, by the 10th amendment of The con,,itu.
uon, - the powers not delegated to the United States bv
'he constitution, nor prohibited by IL 10 the States. are
reserved to the States respectively, or 10 the people. y
those who affim the existence Of any particular power
whether express or implied, must produce the cons,itu.
honaI authority under which il is clsimed; & that authori-
y should be SO clear as TO leave no reasonable doubt of the
TACT OF its existence, before its exercise can be justified:
for the committee lay IL down as a sound rule of legis'
laiive action, that, In all cases Of we'll founded cons,itu.
tlonai doubt, II Is safest and wisest for all the functiona.
Ties oil The government 10 abstain from exercising the
power. BY acting sfirnatively, they would
assume the exercise Of a doubtful power, which NAV
not exist, and may thereby exceed their authority. and
produce an infracion OF the constitution. Have ,Ie
Of the particular power in question producsd
tho clesr and undoubted constitutional au,horifv ,nJo,
which It Is claimedl They all claim 1, a, an fueiJenf
10 some one or other Of the enumerated mr. granted now.
but have not been able 10 agree among themselves
when OF the granted powers II IL properly inciden !
ai. u Is obvious, therefore, that Il, does not neeessdri- |
y oPpe,Io'n To- or /" obviously oto from either Of